HomeMy WebLinkAboutPR 23695: APPROVAL TO NEGOTIATE A METER AND AMI EQUIPMENT REPLACEMENT FOR GUARANTEED ENERGY SAVING CONTRACT City of ,, •
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INTEROFFICE MEMORANDUM
Date: March 26, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR No. 23695—Approval to Negotiate a Meter and AMI Equipment
Replacement for Guaranteed Energy Saving contract with Amerseco Inc.
Introduction:
This Agenda Item seeks the City Council's approval for the City Manager to negotiate a contract
with Amerseco Inc. of Tomball, Texas for Meter and AMI Equipment Replacement for
Guaranteed Entergy Savings services related to the Utilities Department.
Background:
The guaranteed energy savings performance contract is to increase the operational efficiency
of the COPA's water distribution system by implementing an AMI system that enables
wireless communications between utility systems and the metering endpoints and upgrades the
water meter system. In addition to the AMI system,the Energy Savings Contractor(ESCO)
shall perform the Federally mandated Lead& Copper Inventory (L&CI) for the COPA water
system as the new water meters are installed.
A Request for Proposal was advertised on January 22, 2024, solicited according to the City's
purchasing policy. Three (3) firms sent in proposal packets in response to the RFP. An RFP
review committee was formed and Amerseco Inc. of Tomball, Texas was determined to have
the best qualifications.
Budget Impact:
The project cost will be covered by the increase in revenue from installing meters that read close
to 100%efficiency.
Recommendation:
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No. 23695
03/26/2024 JL
Page lof 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE A CONTRACT WITH AMERSECO INC.
OF TOMBALL, TEXAS FOR THE METER AND AMI
EQUIPMENT REPLACEMENT FOR GUARANTEED
ENTERGY SAVINGS PROJECT.
WHEREAS,the City of Port Arthur advertised for Request for Proposals(RFPs)for Meter
and AMI Equipment Replacement for Guaranteed Energy Saving project on January 22, 2024;
and,
WHEREAS, the City of Port Arthur received proposals from three (3) firms; and,
WHEREAS, the RFP evaluation committee, having reviewed the proposals and scoring
each by using the published evaluation criteria,recommends Amerseco Inc. of Tomball, Texas for
these services (Exhibit A); and,
WHEREAS, staff recommends that it be in the best interest of the city for council to
authorize the City Manager to negotiate a contract for providing of these services.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized and directed to negotiate a contract on
behalf of the City of Port Arthur with Amerseco Inc. of Tomball, Texas for Meter and AMI
Equipment Replacement for Guaranteed Energy Saving project; and,
THAT, the contract will be presented to City Council for final approval; and,
THAT a copy of the caption of this resolution is spread upon the minutes of the City
Council.
•
City of
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www.PortArthurTx.gov
It is recommended that City Council approve the City Manager to negotiate a contract with
Amerseco Inc. of Tomball, Texas for Meter and AMI Equipment Replacement for Guaranteed
Entergy Savings services, as discussed and/or outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No. 23695
03/26/2024 JL
Page 1 of 3
READ,ADOPTED,AND APPROVED THIS day of , 2024 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
S
IJ- - 1. Black
I i • City Attorney
PR No. 23695
03/26/2024 JL
Page lof 3
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM alvin Matthews, P.E.
City Manager Director of Water Utilities
APPROVED AS FOR AVAILABILITY OF FUNDS:
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Lynda(Lyn) Boswell, MA, ICMA-CM Clifto E. Williams, Jr., CPPB
Director of Finance Purchasing Manager
Exhibit A
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THURMAN BILL BARTIE,MAYOR RONALD BURTON
TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
WILLIE BAE LEWIS CITY SECRETARY
DONEANE BECKCOM ��r t r t h uc ._
HAROLD L.DOUCET,SR VAL TIZENO
THOMAS KINLAW III Texas CITY ATTORNEY
DONALD FRANK,SR.
January 22, 2024
REQUEST FOR PROPOSAL
RFP FOR METER AND AMI EQUIPMENT REPLACEMENT
FOR GUARANTEED ENERGY SAVINGS
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00 p.m.,Central
Standard Time,Wednesday,February 7,2024. (The clock located in the City Secretary's office
will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday,
February 7,2024 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: P24-017
DELIVERY ADDRESS: Please submit one (1) original and Five (5) exact duplicate copies &
USB 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
cl ifton.wi 1 I iams(a,portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 4th Street! Port Arthur,Texas 776411 409.983.8160 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.
Clifton Williams
Purchasing Manager
Page 2 of 24
ciNot -CITY OF PORT ARTHUR,TEXAS
tirr, rtr�r ADDENDUM NO TWO (2)
!eras
February 6, 2024
BID FOR: RFP FOR METER AND AMI EQUIPMENT REPLACEMENT FOR GUARANTEED
ENERGY SAVINGS
The following clarifications, amendments, deletions, additions,revisions and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter stated
and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements,of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. Under I. PROJECT OVERVIEW, Page 7/24. The Request for Qualification will allow the cellular system
under the following conditions: the City of Port Arthur will not pay any fees for communication for a 20-
year period. Any communication fees during the 20-year period must be included in the proposed project
cost.It is the bidder's responsibility to meet this condition in a method approved by the City of Port Arthur.
2. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time,Wednesday,February 14,2024.(The clock located in the City Secretary's office will be the official
time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February 14, 2024, in the City
Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
!:firL G(����ra1�i�
Cl i n Williams,CPPB
Purchasing Manager
Signature of Proposer Date
Company Vendor Name
Cs _ -CITY OF PORT ARTHUR,TEXAS
lku ADDENDUM NO. ONE (1)
nr? rr `
Tiros
JANUARY 26, 2024
BID FOR: RFP FOR METER AND AMI EQUIPMENT REPLACEMENT
FOR GUARANTEED ENERGY SAVINGS
BID # P24-017
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter stated
and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
A. The correct bid opening date is February 7, 2024 at 3:00 pm.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
Clif�illiams
Purchasing Manager
Signature of Proposer Date
Company Vendor Name
•
REQUESTS FOR PROPOSALS
RFP FOR METER AND AMI EQUIPMENT REPLACEMENT
FOR GUARANTEED ENERGY SAVINGS
(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 24
REQUEST FOR PROPOSAL
Guaranteed Energy Savings Performance Contract
for
CITY of Port Athur
[Due: January 31 , 2024]
The City of Port Arthur (COPA) is seeking qualification proposals for a guaranteed energy
savings performance contract in accordance with Texas Government Code 302 to provide
Advanced Metering Infrastructure (AMI) and all related appurtenances. COPA will also be
considering water quality system monitoring, leak detection, and remote valve operation in the
project's scope. The COPA currently owns approximately 18,000 water meters in its water
distribution system ranging in size from 5/8 inch to 12 inches. COPA will consider entities that
provide turnkey energy conservation measures and AMI solutions to achieve the best ultimate
outcome for COPA and its customers. COPA may also consider the additional aspects of the
project listed above.
Respondents shall be responsible for all costs incurred in preparation of the qualifications
package. - COPA reserves the right to terminate this project prior to responses being received, to
reject any or all responses, and to be the sole judge of the value and merit of the proposal
responses offered for consideration.
Page 4 of 24
TABLE OF CONTENTS Page
Table of Contents 2
Timeline 3
Acronym List 4
Project Overview 5
Response Format and Content 6
Evaluation Criteria 9
Guaranteed Energy Savings Performance Contract 10
Page 5 of 24
•
ACRONYM LISTS
ACRONYM DEFINITION
AMI Advanced Metering
Infrastructure
AWWA American Water Works
Association
COPA City of Port Arthur
ESCO Energy Savings
Contractor
IGA Investment Grade Audit
L&CI Lead & Copper Inventory
Page 6 of 24
I. PROJECT OVERVIEW
PROPOSED PROJECT DESCRIPTION AND PREFERENCES
The purpose of this project is to increase the operational efficiency of the COPA's water
distribution system by implementing an AMI system that enables wireless communications
between utility systems and the metering endpoints. Project implementation should include
upgrades to the COPA's water customers with a fully functional and scalable AMI water meter
system. In addition to the AMI system, the Energy Savings Contractor (ESCO) shall perform the
Federally mandated Lead & Copper Inventory (L&CI) for the COPA water system as the new
water meters are installed. The ESCO that is ultimately selected shall provide, at minimum, the
following in their respective proposal responses:
• The system must use Ultrasonic Meters with no moving parts that meet American Water
Works Association (AWWA) standards. Mechanical Meters will not be given consideration.
• The system selected shall have a 20-year operational life span with a 20-year accuracy
and battery warranty with at least 10 years of replacement at no cost and an additional 10-
years warranty prorated for each year thereafter (commonly referred to as 10/10).
• System software must be capable of providing individual account reports with, tamper
alarms, reverse flow alarms, and continuous flow "leak detection."
• System software must be compatible with TYLER work management system. It is the
responsibility of the successful bidder to perform and pay for all coordination with TYLER
and the integration of the proposed system.
• The COPA should have the ability to view specific meter information including meter ID,
consumption data, latitude /longitude location data, and images of meters installed in the
field.
• A Customer Portal that will allow customers to view their water usage and other account
information.
• Ability to capture consumption and other meter data through alternative communication
technology including, Bluetooth, and Wi-Fi.
• A complete L&CI for COPA's water system. The successful ESCO must perform this task
using leadCAST software or approved equal by COPA.
The solicitation is for a complete turnkey AMI Solution, including:
• Investment Grade Audit (IGA)
• Communication Propagation Study with a "Fixed Based" Communication system for the
AMI system. COPA does NOT want a "cellular" system with an ongoing monthly service
fee for communication.
• Meter Selection Guidance to meter manufacturers, based off features and functions of
each meter manufacturer. COPA will want a demonstration of the meters and functions
once the IGA has started. Final selection is the sole choice of COPA.
• Installation of meters, including various fittings, valves with new meter boxes and or lids.
• Implementation and integration of AMI system to the COPA TYLER work management
system software utilized for Utility Billing.
• Implementing and hosting of"workshops" for Customer Portal.
• Provide necessary training to COPA staff, field and office personnel.
• Performance Assurance of the system installation and operation.
Page 7 of 24
In addition to the complete meters and AMI system, the ESCO shall perform a L&CI while
installing water meters. As a minimum, the L&CI shall identify the pipe material on each side of
the meter (copper, PVC, lead, etc.), the location of the meter (latitude and longitude, and physical
location in relation to the property). A picture of the new meter after being installed will also be
required. LeadCAST software or approved equal by the COPA must be used to perform this
task.
Respondents MUST:
1. Follow Texas Local Govt Code Title 9 Chapter 302.
2. Be a National Association of Energy Service Companies (NAESCO) Accredited Company.
3. Have a professional engineer registered in the State of Texas as a member of their staff.
COPA will select a contractor based on the scoring criteria detailed in Section III. The selected
ESCO will perform an Investment Grade Audit at no cost to the COPA. Once a final scope and
all selections are made, the COPA and ESCO will negotiate a final fixed cost Installation
Contract.
II. RESPONSE FORMAT AND CONTENT
Responses must be submitted in the format specified. COPA reserves the right to eliminate from
further consideration any Request for Proposals deemed to be substantially or materially
unresponsive to the request for information contained herein. Qualified ESCO Providers must
submit clear and concise responses in spiral bound or three ring binders intended for 8 1/2 x 11"
documents. Please submit five (5) hard copies and one (1) electronic copy on a USB drive. The
cost for preparing a response to this request, including site visits and engineering analysis will not
be reimbursed by the COPA.
A. Table of Contents
Responses shall include a table of contents properly indicating the section and page numbers of
the requested information.
B. Executive Summary
Responses shall include a concise summary stating the respondent's qualifications and interest in
the project.
C. Company Information
This section should include the following information regarding the Qualified ESCO Provider:
1. Company name;
2. Address (headquarters and servicing office);
3. Telephone number(s);
4. Primary contact person(s) for this project;
5. Email address(es);
6. Number of years Company has been in business and operating in Texas;
7. State the number of years of experience with AMI systems and number of deployments;
8. Has your organization ever defaulted on a contract? If yes, provide a detailed explanation.
9. Lead Personnel for the project:
a. List the Lead Personnel employed by the Qualified ESCO Provider. Include a resume
for each person detailing their role on this project.
10. Professional Services requirement:
Page 8 of 24
a. Respondent must be able to demonstrate capabilities and experience using Texas
Government Code 302 with their response. Provider must employ a minimum of one
(1) full time employee with a current and active State of Texas Professional Engineer
registration;
b. Include the names and PE numbers for all full-time employees who are active State of
Texas registered professional engineers;
c. Provide customer satisfaction survey results (from an independent third-party
company) for the last 2 years. Include customer comments;
d. Provide a sample of an annual report for a completed AMI project in the state of Texas
with the performance assurance;
e. Provide a minimum of two (2) references of cities in Texas who recently (within 5
years) engaged with your company that COPA staff can contact and include contact
information.
D. Technical Approach
Provide the technical approach to meet the Owner's energy efficiency, water efficiency, and
operating cost reduction objectives.
1. Investment Grade Audit Approach: Describe your engineering methodology and
approach to the Investment Grade Audit. This should include proposed meter testing
with quantity of meters and sizes to be tested as well as areas from which the meters
will be chosen.
2. Propagation Study: Explain your approach and assumptions utilized to develop the
Propagation Study and a summary of the findings as to system coverage, reliability,
redundancy, and the infrastructure required to achieve these data points. Specifically
indicate your approach for the Sabine Pass area.
3. Energy Engineering: Provide a detailed explanation of how the Provider intends to
calculate energy savings and increased revenue through the implementation of AMI
metering and other energy conservation measures of utility assets. Show examples of
the energy savings calculations, revenue increase and energy/efficiency savings of the
provider's recent project.
4. Contractor Selection: Describe the process that the ESCO utilizes to obtain their
subcontractors and what criteria will be used to make the subcontractor selections.
Provide the method the ESCO will use to hire COPA subcontractors and citizens.
5. Equipment Selection: Describe the process that the ESCO utilizes to obtain the
metering and AMI equipment and specifically what criteria will be used to make
equipment selections and what the COPA's involvement will be. Please note the COPA
wants to evaluate three (3) types of equipment before choosing the equipment that will
be used.
6. Installation Approach: Describe how the ESCO intends to implement the installation
phase of the project in terms of project management, priorities, philosophies, timelines,
and commissioning. Please note that change orders will only be allowed for adding
contract days due to weather delays and for quantity changes ONLY.
Page 9 of 24
7. Lead & Coper Inventory: Describe in details how the ESCO will perform the L&CI
Study.
8. Commissioning: Described in detail the commissioning processes that the ESCO
intends to utilize. Describe in details the involvement of the COPA staff during this
phase of the project.
9. Performance Assurance: Described in detail the performance assurance processes
that the ESCO intends to utilize to ensure the energy conservation measures and AMI
systems operate at peak performance both at the completion of the installation phase
and throughout the contract term. Provide an actual annual guaranteed savings report
from a previous project where this approach was utilized comparing it to actual field data
after the system was commissioned. Provide details of how you will meet the
requirements of follow up meter testing. Also, provide a detailed description of
warranties on the meters, AMI equipment, software, etc. for the 20 years after the
project is completed.
10. Legal: List any judgments, convictions, charges, penalties, fines, legal rulings, and
findings against your company in the United States in the past five (5) years.
11. Additional Information: Additional relevant information about the ESCO's complete
approach to the project may be included in the proposal.
12. Bonding Capacity: Please provide proof of your company's bonding capacity.
E. Experience and Results
Each respondent must have performed a minimum of three (3) AMI project installations with
Texas entities in order to be considered for this project. Provide the following project information
for at least two (2) projects:
• Customer name and address;
• Contract amount;
• Description of work;
• Completion date;
• Owner contact information;
• Project recognition/awards (if applicable).
F. Client References
Provide a list of ESCO's contracts active and completed with Texas entities, including all forms of
local and state government and educational facilities. Include the project name, owner contact
name and phone number, contract amount, type of work, and completion date.
III. EVALUATION CRITERIA
The Owner will likely reject any proposal that does NOT meet the minimum criteria described in
this RFP. For responses meeting or exceeding the minimum criteria, the Owner will rate each
Proposal based on the weighted scoring criteria shown below. The Owner intends to award a
Page 10 of 24
contract to the Provider offering the best value proposal with the highest score if an agreement is
successfully negotiated.
A. Ability to Successfully Implement Program (30 points)
1. Proven experience of the lead personnel for successfully implementing and providing proven
results of projects installation with scopes of work similar to those being considered for this
project.
2. Background and qualifications of the people responsible for implementing the proposed
project. This includes business development and in-house engineers and technicians
responsible for the designing, programming, customer servicing and installation of the project.
3. Client references attesting to the Provider's proven performance and client service.
B. Customer Satisfaction (10 points)
1. Provide third-party customer satisfaction results for the past three years for your Texas
branch or office. The results must be collected by a third-party.
C. Technical Approach (35 points)
1. Approach to facility analysis, design and energy engineering. Preference will be given to
proposals that include a detailed and sound technical approach to meeting the Owner's
objectives. This includes the Provider's Investment Grade Audit strategy, process and
reporting.
2. Processes of contractor and equipment selection, ensuring quality and value.
3. In-house capabilities to ensure energy/efficiency savings results.
D. Financial Consideration & Net Economic Impact (25 points)
1. Transparent pricing process and structure.
2. Process to be utilized to price any work negotiated after contractor selection.
3. Meters, AMI, software and all related equipment warranties.
Page 11 of 24
IV. Guaranteed Energy Savings Performance Contract
Project: Guaranteed Energy Savings Performance Contract
Please provide sample copies of the respondents required agreements per Texas Government
Code 302:
• Letter of Intent
• Completed Investment Grade Audit
• Installation Contract
City of Port Arthur
Port Arthur, Texas
Qualified ESCO Provider:
Company Name:
Address:
City, State, Zip:
Representative:
The Guarantee:
(Guarantee Contract, calculations & contractual language is to be provided by each Qualified
ESCO Provider based on performance guarantees included in their proposal.)
Page 12 of 24
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. Ability to Successfully Implement Program 30 pts
b. Customer Satisfaction 10 pts
c. Technical Approach 35 pts
e. Financial Consideration&Net Economic Impact 25pts
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 13 of 24
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.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
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
Page 14 of 24
is the vendor's responsibility to check for any addendums that might have been issued b
closing date and time. All addenda will be numbered consecutively, beginning with 1.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that c
City of Port Arthur as its principal place of business must have an official business addre
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.: Accounts
Payable,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.
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.
Page 15 of 24
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.
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.
Page 16 of 24
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):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property
damage.
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,
Page 17 of 24
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 18 of 24
APPENDICES
Please include Appendix A— D when submitting proposal documents.
Page 19 of 24
.4 PPENDIX A
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:
X I hereby certify that I do not has a outstanding debts with the City of 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.
Ameresco. Inc. 2/2/2024
Firm Name Date
- �`j' ,�-!r';mot' Senior Vice President
Authorized Signature Title
Jay Fleishman 312-994-8647
Name(please print) Telephone
jfleishman@ameresco.com
Email
STATE: ikll1" /i R �¢ NjORRA cL��tfa Q r!iona' Jta:yM ;3ti O�'qz
COUNTY" 1A0v Cc 1k ?f Cbmm,ss ar q 6(1,0381
M COmm,ss an c o !e�
January 31. 2C.?
SUBSCRIBED AND SWORN to before me by the above named \\WI PliWl( 1
on this the day o 0 2 "
Not ry Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 20 of 24
AMERESCO4!'
Appendix B — Conflict of Interest Questionnaire
City of Port Arthur,Texas Appendices—Required Proposal Documents 62
Proposal for Meter and AMI Equipment Replacement for Guaranteed Energy Savings
APPENDIX B
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as
defined by Section 176.001 (1-a)with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who has a business relationship with local governmental entity. Not Applicable
2. 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
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom filer has employment or business relationship.
Not Applicable
Name of Officer
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4 Not Applicable 2/2/2024
Signature of person doing business with the governmental entity Date
Jay Fleishman, Senior Vice President
Page 21 of 24
AMERESCO4'
Appendix C — Non-Collusion Affidavit
City of Port Arthur,Texas Appendices—Required Proposal Documents 63
Proposal for Meter and AMI Equipment Replacement for Guaranteed Energy Savings
APPENDIX C
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: ------- 7
y.,,,.r )'�: ,,, ;-7
Printed Name:
Jay Fleishman
Title Senior Vice President
Company: Ameresco, Inc.
------------------------Date: 2/2/2024 ---- ----------
SUBSCRIBED and sworn to before me the undersigned authority by 2.4 the .l7- of.
'22l on behalf of said bidder.
06)2
NORRA ONDER Notary Public in and for the
.�' .,-ItNotary Public. State of Ar _ona State of TE000€ P�j} o0--
Mancopa County
Commisslon 8 60038t
,� � My Commission Expves
- January 31. 2025 My commission expires CI' 31 .2025
Page 22 of 24