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HomeMy WebLinkAboutPR 20865: CONTRACT FOR PREVENTATIVE MAINTENANCE AND REPAIR TO FIRE DEPARTMENT FIRE APPARATUS AND OTHER SPECIAL RESPONSE VEHICLES • 4 Cit%of fY „ ort rthu Texas INTEROFFICE MEMORANDUM Office of the Fire Chief Date: May 23, 2019 To: Rebecca Underhill, Interim City Manager From: Larry Richard, Fire Chief RE: Proposed Resolution 20865 Nature of the Request: That the City Council authorize the City Manager to execute a contract with Siddons-Martin Emergency Group of Port Arthur and Houston, Texas. The contract is for maintenance and repairs of fire apparatus. The contract is for one year with the option for renew for two additional years. Staff Analysis, Considerations: The Port Arthur Fire Department operates a number of fire apparatus and special service response vehicles, the proper servicing and repair of these vehicles are absolutely necessary to ensure both their longevity and their performance dependability. For the last six years, Siddons- Martin Emergency Group has performed maintenance and repairs to the Fire Department's fleet with positive results. Siddons-Martin Emergency Group, headquartered in Houston, Texas, and with a service facility in the City of Port Arthur Section 4A Business Park, was the only vendor that responded to the RFP and provided a proposal, which the Fire Department considers market rates for the desired fleet services. Siddons-Martin has performed the requested services dependably in the past. The Purchasing Department advertised for contracted fleet service for fire apparatus and special service response vehicles in the Port Arthur News, and contacted forty- five (45)vendors. Recommendations: The Fire Department recommends approval of this resolution. Budget Considerations: This contract has a proposed annual budgetary impact of $250,000, which is budgeted in Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00. "Remember we are here to serve the Citizens of Port Arthur" P. O.BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743 P.R. No. 20865 ldr 5/23/19 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-YEAR AGREEMENT WITH SIDDONS-MARTIN EMERGENCY GROUP OF PORT ARTHUR AND HOUSTON, TEXAS, FOR PREVENTIVE MAINTENANCE AND REPAIR TO FIRE DEPARTMENT FIRE APPARATUS AND OTHER SPECIAL RESPONSE VEHICLES, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $250, 000 . 00; FUNDING AVAILABLE IN FIRE DEPARTMENT VEHICLE MAINTENANCE ACCOUNT NO. 001-1121-522 .43-00 . WHEREAS, the Port Arthur Fire Department operates a number of fire apparatus and special service response vehicles; and WHEREAS, these vehicles represent a substantial investment of federal, state, and local money; and WHEREAS, these vehicles are expected to have a service life of fifteen (15) plus years; and WHEREAS, the proper servicing and repair of these vehicles are absolutely necessary to ensure both their longevity and their performance dependability under situations which cannot abide untimely failure; and WHEREAS, for the last six years Siddons-Martin Emergency Group, which specializes in emergency vehicle servicing, has performed maintenance and repairs to the Fire Department' s fleet with positive results; and WHEREAS, the Fire Department is better served by a contract with fixed pricing and performance parameters, rather than an ad hoc arrangement; and WHEREAS, the Purchasing Division advertised for contracted fleet service for fire apparatus and special service response vehicles in the Port Arthur News and forty-five (45) vendors contacted; and WHEREAS, Siddons-Martin Emergency Group, headquartered in Houston, Texas, and with a service facility in the Port Arthur Business Park, was the only responder to the RFP and quoted what the Fire Department considers market rates for the desired fleet P.R. No. 20865 Idr 5/23/19 services, and that Siddons-Martin has performed the requested services dependably in the past. WHEREAS, the contract will be for one year with the option for to renew for two additional one-year periods, subject each year to the mutual agreement of the parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized and directed to execute a one (1) year contract, with the option to renew for two (2) additional one-year periods, with Siddons-Martin Emergency Group, in substantially the same form attached hereto as Exhibit "A", with an annual projected budgetary impact of $250, 000. Section 3. That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES Mayor: Councilmember: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary P.R. No. 20865 ldr 5/23/19 APPROVED AS TO FORM: ,�� 04 10 e 4 4 V.1 M f no City Attor y APPROVED FOR ADMINISTRATION: Rebecca Underhill Interim City Manager APPROVED AS TO AVAILABILITY 0 FUNDS: Kandy Daniel Interim Finance Director Clift.n Williams, CPPB Purchasing Manager P.R. No. 20865 ldr 6/4/19 EXHIBIT "A" CONTRACT FOR PREVENTATIVE MAINTENANCE AND REPAIRS PORT ARTHUR FIRE DEPARTMENT FIRE APPARATUS AND SPECIAL SERVICE RESPONSE VEHICLES THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "Owner" or "City" and SIDDONS-MARTIN EMERGENCY GROUP, a Corporation herein acting by and through its agent , hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1) The Port Arthur Fire Department operates a number of fire apparatus and special response vehicles such as engines, hydraulic ladders, and hazardous materials units which require semi-annual preventative maintenance and repairs when required. 2) The Contractor specializes in emergency vehicle servicing and repairs, which the contractor agrees to perform as outlined in the Contract Documents. 3) The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with an option to renew for two (2) additional one-year periods, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty (30) days written notice. 4) The term "Contract Documents" means and includes the following: 1. Agreement 2. Specifications and other terms and conditions as outlined in the Request for Proposals 3. Proposal 5) This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6) IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first written above. Executed on the day of , 2019. OWNER: CITY OF PORT ARTHUR BY: Rebecca Underhill, Interim City Manager ATTEST: Sherri Bellard, City Secretary Executed on the day of , 2019. CONTRACTOR: SIDDONS-MARTIN EMERGENCY GROUP By: Print Name: Title: WITNESS: Print Name: Title: DERRICK FORD FREEMAN,MAYOR \ i"/f/, HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEMINTERIM CITY MANAGER City of COUNCIL MEMBERS: �. �� } SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES ort rthu HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK May 1,2019 REQUEST FOR PROPOSAL FIRE APPARATUS PREVENTIVE MAINTENANCE AND REPAIR CONTRACT DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, May 22 2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, May 22, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P19-058 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB,CPPB P.O.Box 10891444 4th Street( Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. C )-t 09 '// Clifton Williams, CPPB Purchasing Manager Page 2 of 23 REQUESTS FOR PROPOSALS FIRE APPARATUS PREVENTIVE MAINTENANCE AND REPAIR CONTRACT (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 23 City of Port Arthur Request for Proposals Fire Apparatus Preventive Maintenance and Repair OBJECTIVE: The intent of this Request for Proposal (RFP) is to obtain the services of a qualified contractor to perform preventive maintenance (PM) and repairs to city-owned fire apparatus and other special service response vehicles. Service rendered by the Proposer shall take place at either City or worksite where the apparatus is assigned/located or at the Proposer's service facility. The contractor shall be able to perform preventive maintenance (PM) and repairs as specified in this RFP to specified city—owned fire apparatus, and special service response vehicles. SCOPE OF SERVICE: The Proposer shall provide scheduled preventive maintenance (PM), remedial repairs, parts acquisition, and other associated services. The Proposer will furnish all necessary supervision, labor, parts, supplies and, with prior approval of an authorized fire department representative, sub-contract work, required to maintain the fleet in a state-of-repair and service consistent with generally accepted fleet practices and as more specifically defined in this RFP. This is a one (1) year contract with the option to renew for two (2) additional one year periods, subject to the approval of both parties. PREVENTIVE MAINTENANCE: A preventive maintenance(PM)program will be established for all Fire vehicles and equipment that are the responsibility of the Proposer. Although subject to change as agreed by the Proposer and the Port Arthur Fire Department the PM work will meet the following minimum requirements: As a minimum, the following items will be required during each PM. Semi Annual PM Service for Aerials—Pumpers—Rescues 1. Change engine oil filter 2. Inspect engine air filter(a separate charge will apply only if filter is needed) 3. Complete chassis lubrication 4. Check and top off transmission fluid level 5. Check and top off differential fluid level(s) 6. Check and top off pump fluid level 7. Check and top off engine coolant level 8. Check and top off power steering fluid level 9. Check and top off brake fluid level (as applicable) Page 4 of 23 10. Check and top off windshield washer fluid 11. Check and top off priming tank reservoir(as applicable) 12. Check and top off hydraulic ladder rack fluid 13. Check and adjust all tire pressures 14. Road test apparatus 15. Perform complete vehicle inspection per inspection list 16. Provide complete documents describing work performed, completed inspection report which includes estimates for repairs needed other than described in the normal maintenance listed above. (See required inspection guideline list) 17. Service Fuel Filters 18. Rotate Front Tires Annual PM Service for Aerials-Pumpers-Rescues: 1. Change engine oil and filter 2. Inspect engine air filter(a separate charge will apply if filter is needed) 3. Change fuel filter(s) 4. Change coolant filter(s) 5. Change transmission fluid and filter(s) 6. Change pump fluid 7. Change differential fluid 8. Complete chassis lubrication 9. Check and top off power steering fluid level 10. Check and top off brake fluid level (as applicable) 11. Check and top off windshield washer fluid 12. Check and top off priming tank reservoir(as applicable) 13. Check and adjust all tire pressures 14. Check and replace hydraulic fluid and filter in CAFS compressor 15. Inspect all aerial hydraulic cylinders (as applicable) 16. Inspect and adjust aerial cables(as applicable) 17. Clean and lubricate all ladder points (as applicable) 18. Change hydraulic fluid and filters for aerial device (a separate charge will apply if this service is needed) 19. Perform aerial drift test 20. Road test apparatus 21. Perform complete vehicle inspection per inspection list 22. Provide complete documents describing work performed, complete inspection report which includes estimates for repairs needed other than described in the normal maintenance listed above. (See required inspection guideline list) 23. Service Fuel Filters 24. Rotate Front Tires Page 5 of 23 General Terms: a. The majority of the Port Arthur Fire Department fleet subject to the services associated with this RFP consists of Pierce fire apparatus. The Proposer must be capable of providing Pierce authorized warranty work on those vehicles still subject to warranty. The Proposer's mechanics who will be working on fire department apparatus will be certified by a recognized certifying authority in the respective field. b. When the Proposer must subcontract work, the Proposer will obtain permission from an authorized representative of the Port Arthur Fire Department for such work, and the Proposer will act as the agent for the department, securing qualified work at appropriate pricing. c. Proposer's facilities and equipment may be a factor in determining whether the Proposer is capable of performing the requested services, therefore, Proposer's facilities and equipment may be subject to inspection by the department. d. Parts and materials used for service or repair shall be equal to or exceed the quality of the original parts and materials. e. Parts and materials furnished by the Proposer shall be subject to the manufacturer's warranty. f. The Proposer shall be responsible to replace parts or materials which fail or do not perform during the warranty period at no additional cost. g. The Proposer shall warranty the service component of the work for a period of ninety days from the date of the original service. Page 6 of 23 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain proposers with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pares, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. EVALUATION CRITERIA: The Proposer shall provide the following information: EXPERIENCE: 1. Proposer's performance in fleet preventive maintenance and repair services for governmental entities or other clients. Proposer should indicate the number of years of experience the firm has in performing fleet preventive maintenance services and repairs with fleets of comparable size to the City or other clients. 2. The mechanics assigned by the Proposer shall specialize in fire apparatus maintenance and repair. This experience shall be documented in a resume for each staff member of the organization that will be selected to provide service to the City. REFERENCES: Include three (3) business references for which similar services have been provided. Include the following: 1. The period for which you have provided this service; 2. A brief description of the scope of work; and 3. Contact name, title, address, and telephone number. The Proposer hereby authorizes and requests any person, firm, corporation and/or government entity to furnish any information requested by the City in verification of the references provided and for determining the quality and timeliness of providing the services. PRICING: Labor rates, parts mark-up, and materials mark-up competitive with service and repairs typical for fire apparatus. See Appendix A LOCATION: Transporting fire apparatus by wrecker can be costly; therefore, qualified Proposers who are located within a fifty mile distance from the City will be given greater consideration. Page 7 of 23 QUALITY OF RESPONSE: Completeness of the response to this RFP including submission of all checklist documents. SELECTION PROCESS: All applications will be screened by an evaluation committee and those applicants selected for a short list may be invited to attend an interview, at the applicant's own expense. The City shall not incur any costs for applicant preparation and/or submittal of qualifications. The City will evaluate all responses based on the qualifications, past performance and project approach. The City reserves the right to negotiate the final fee prior to recommending any business for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience ... 50 pts b. References 20 pts c. Pricing 20 pts d. Location 10 pts 2. City staff shall recommend the most qualified business to the City Council and request authority to enter into a contract. 3. When services and fees are agreed upon, the selected business shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked business. The process shall continue until an agreement is reached with a qualified business. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. Page 8 of 23 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 9 of 23 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Fire, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. Page 10 of 23 SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 11 of 23 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): Page 12 of 23 a. Bodily injury $1,000,000 single limit per occurrence or $1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 13 of 23 APPENDICES Please include Appendix A--D when submitting proposal documents. Page 14 of 23 soiS-444. 01) 4 * 46;=, • 0 4d4, gi 1 C S*4 City of Port Arthur Attn: City Secretary 444 4th Street, 4th Floor Port Arthur, Texas 77640 RE: RFP Response— P19-058 Enclosed you will find Siddons Martin Emergency Group, LLC's response to the City's RFP for Fire Apparatus Preventative Maintenance and Repair Contract. Per the instructions, Siddons Martin has enclosed one (1) original and three (3) exact duplicates. Thank you, Troy D. Harrison Vice President - Service 1362 East Richey Road Houston, TX 77073 Email: tharrisansiddons-martin com Phone: (281) 606-4933 Enclosures 1362 East Richey Road, Houston, Texas 77073 e (281) 606-4933 €9 : ,0 f sci Nei s* Business References— Fire Apparatus Maintenance& Repair Contracts 1. City of Stafford: Contact: Chief Larry Di Camillo, Phone: 713-208-2569 2. City of Missouri City: Contact: Mike Tubbs, Phone: 281-403-8583 3. City of La Marque: Contact: Gerald Grimm, Phone: 409-938-9260 4. TEEX Maintenance: Contact: James Gwinn, Phone: 979-676-3595 5. City of Austin: Contact: Jason Pratt, Phone: 512-974-1742 6. City of San Antonio: Contact: Anthony Gaytan, Phone: 210-206-2356 APPENDIX A CHARGES FOR SERVICES a. Provide total cost per engine for semi-annual PM including parts and labor IIS,°t' b. Provide total cost per engine for annual PM including parts and labor /(,4i 5 a17 c. Provide total cost per aerial device for semi-annual PM including parts and labor 1 d. Provide total cost per aerial device for annual PM including parts and labor 995`,°°' e. Provide total cost per rescue unit for semi-annual PM including parts and labor // q f. Provide total cost per rescue for annual PM including parts and labor 1647S,°° g. Proposer will be responsible for removal and proper disposal of all waste fluids and filters and filters after completion of services. The fees for these services are to be included in the cost of each maintenance price. h. Synthetic fluids, if requested by the Fire Department, will require an additional fee above the normal oil price rates listed in the prices above. i. Hydraulic mounted generator services may require additional parts and labor that will be quoted on a separate estimate at the time of service. j. Provide total cost for a wheel's off brake inspection )tie." Page 15 of 23 k. Provide normal business hourly labor rate at vendor's location of business I D '7. So L Provide road service hourly rate during normal business hours 1 0 Si) m. Provide road service after normal business hourly labor rate n. Provide travel rates for road service(travel hours x hourly rate) /V i - Su . o. Specify normal operating business hours of your business n4--F 5241 Aex, 't, '3.o/''"' p. Provide percent mark-up for parts and materials, over costs, for repairs C- 5 i X I. G 7 . q. Provide percent mark-up for work which is subcontracted C.05"7- x /- L/7 . r. Lodging rates will be reimbursed to Proposer by customer if out of town overnight travel is required. These rates will be reimbursed at the local and current average lodging rates. Receipts for lodging must be provided by Proposer at time of invoicing to seek reimbursement. Page 16 of 23 APPENDIX B LETTER OF INTEREST RFP— Fire Apparatus Preventative Maintenance&Repair Deadline: May 22,2019 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals(as amended by any Addenda),issued by the City of Port Arthur, TX(City) to provide Access Control System for the City of Port Arthur,TX. Enclosed,and by this reference incorporated herein and made a part of this RFP,are the following: ❖ Charges for Services • Completed RFP Letter of Interest Form • Completed Affidavit • Non Collusion Affidavit •3 Completed Conflict of Interest Form • HB89 • SB 252 Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. 51 dckon.5 MactIn Eati6c-erickt Enop LLC. Firm Name Date 2A¢.2- z\ckh . g.oct . 1701 Address City/State/Zip V Ce wcs t d-enk-- sr Auth o rized Signature Title Name(please print) Telephone ?effvumcv( 9, L OcO-brn: atfu 5 30(1t Ave Po(i- ¶ 71oLQ Page 17 of 23 Email APPENDIX C CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: /y�,_.�"•� Printed Name: Kai hr • wfti ( 6 - c Title: L e (t COMpheAnGt O f fi c 'r Company: S!<' d y\S rt-1/1 E et--9c .1 e1rc ` Q- Date: 6 - j-3. - 2 6 lq SUBSCRIBED and swornAt9 before me by the above named 'cot+ eyn II,Qms on this the /244"day of /VA¢y , 20 J 9. ON•""�•••., MARY MURDOCH No ry ublic in and for the ' + _.•• ;� '"I tAyNotary lD#160782 State o Texas v Expires November 28,2021 , My commission expires: /" a Page 18 of 23 APPENDIX D AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / I hereby certify that I do not have outstandingdebts with the Cityof Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. .5`okdonS tliatr-t Elmerlcncq Gyzivp LLC, 5 -13 - J9 Firm Name Date 13 Cp 2 R.\,01e .. Zo60 I- cAyn 'TX `7101(3 Address City/State/Zip f q:C' Pfe SIG {1iSCM Authorized Signature Title Name(please print) Telephone esur\CSiackonc-' mar .c0nn Email r _ TEXAS ,;31 . CONSTANCE OUBRE ;G STATE: ) XAS ( --Ii 1.1 My Notary ID#124593435 ;rz,ti Expires April 14,2021 COUNTY: 1ZR IS SUBSCRIBED AND SWORN to before me by the above named (Ot(D, Het ;son -'It on this the )3 day of , 20 1 1 /f o ary Public RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 19 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Siddons Martin Emergency Group, LLC ?1 — Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. N/A Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). J # � 05/13/2019 S' na re of vendb doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ docs/LG/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local govemment officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 21 of 23 APPENDIX F House Bill 89 Verification I, KC thr r \ 1 a MS (Person name), the undersigned representative (hereafter referred to as "Representative") of I C0 c 1S 1Y\Ck f k1 0 La\v q co C`.4 (-'t \G 1U,„(.— (company or business name, hereafter referred to as `'Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel' is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Nf ,TURE C) REPRESENTATIVE c� SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1, day of 44 , 20 1? . tr-Olv. :44,-; MARY MURDOCH * My Notary ID#1613792 v. Expires November 28,2021 0114/\/ G Notary Public Page 22 of 23 APPENDIX G SB 252 CHAPTER 2252 CERTIFICATION \Okir)(\:0 v\f; I\ k ct\Ts) , the undersigned and Representative of MOM Mod Eroucrnci eproip (Company or Businegs Name being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 6kni,--c u cYk\ CollAp\lame- 6-R'cer Name of Company Representative (Print) ignature 0 Company Representative Date Page 23 of 23