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HomeMy WebLinkAboutPR 23792: MECHANICAL SERVICES FOR WATER UTILITIES EQUIPMENT nrt rtlttir INTEROFFICE MEMORANDUM Date: May 30, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23792—Mechanical Services for Water Utilities Equipment Introduction: The intent of this Agenda Item is to seek City Council's approval for IPS Pump Services of Houston, Texas to provide mechanical services for repairs to the Water Utilities equipment at various sites. The contract is to be for a one-year period with services rendered on an as-needed basis with a contract not to exceed $500,000.00. The Purchasing Division of the Finance Department advertised for proposals for mechanical services at the request of the Water Utilities Department, which proposals were opened on April 17, 2024. Background: The Water Utilities equipment is in need of maintenance, and in an effort to streamline repairs and reduce downtime, the Purchasing Division of the Finance Department advertised to seek qualified proposals to provide on-demand service for mechanical services at the request of the Water Utilities Department, four proposals were received on April 17,2024 and evaluated as delineated in Exhibit "A" with IPS Pump Services, Inc. of Houston, Texas deemed as the most qualified by the Water Utilities Department as the mechanical shop service contractor for one- year period. Budget Impact: Total contract not to exceed $500,000.00. Funds are available in Water Utilities Equipment Maintenance Account Nos. as follows: Estimate $100,000.00 410-40-210-5318-00-00-000—Water Purification Estimate $100,000.00 410-40-215-5318-00-00-000—Water Distribution Estimate $100,000.00 410-40-220-5318-00-00-000—Wastewater Conveyance Estimate $200,000.00 410-40-225-5318-00-00-000—Wastewater Treatment Recommendation: It is recommended that City Council approve PR 23792,to execute an agreement for mechanical services as described/outlined above. "Remember, we are here to serve the Citizens of Port Arthur" PR No. 23792 5/30/2024 cv Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR MECHANICAL SERVICES WITH IPS PUMP SERVICES, INC. OF HOUSTON, TEXAS FOR A ONE-YEAR PERIOD,WITH A CONTRACT NOT TO EXCEED THE AMOUNT OF $500,000.00. FUNDING IS AVAILABLE IN THE UTILITIES ACCOUNT NOS.410-40-210-5318-00-00-000($100,000.00), 410-40-215-5318-00-00-000 ($100,000.00), 410-40-220-5318-00-00-000 ($100,000.00), 410-40-225-5318-00-00-000 ($200,000.00), EQUIPMENT MAINTENANCE. WHEREAS,the Water Utilities Department has various pieces of equipment that are aged and in need of repairs; and, WHEREAS,pursuant to 252.042 of the Texas Local Government Code,on April 17,2024, the Purchasing Department advertised for proposals for the purpose of seeking on-demand mechanical service consisting repair, maintenance, and refurbishment of various pumps, blowers, and related equipment routinely used by the Water Utilities Department; and, WHEREAS, four proposals were received on April 17, 2024 and evaluated as delineated in Exhibit"A" with IPS Pump Services, Inc. of Houston, Texas deemed as the most qualified by the Water Utilities Department as the mechanical shop service contractor for a one-year period; and, WHEREAS,the Water Utilities Department deems IPS Pump Services,Inc.to possess the necessary knowledge to ensure the effective execution of future designated assignments; and, WHEREAS, the Water Utilities Department wishes to enter into a contract with this vendor for a contract not to exceed the total amount of$500,000.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions of the preamble are true and correct. PR No. 23792 5/30/2024 cv Page 2 of 3 THAT, the City Manager is hereby authorized to execute an agreement with IPS Pump Services, Inc. of Houston, Texas to provide on-demand mechanical services with contract not to exceed the total amount of$500,000.00 with Account No. 410-40-210-5318-00-00-000 (estimate of $100,000.00), 410-40-215-5318-00-00-000 (estimate of $100,000.00), 410-40-220-5318-00- 00-000 (estimate of $100,000.00), 410-40-225-5318-00-00-000 (estimate of $200,000.00), Equipment Services (see Exhibit"B"). THAT, a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the day of , A.D. 2024 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 29792 5/30/2024 cv Page 3 of 3 APPROVED AS TO FORM: elffp*. M. Black m City Attorney APPROVED � ►4,INISTRATION: - ppp. V 401w- Ronald Burton, City Manager alvin Matthews, P.E. Water Utilities Director APPROVED AS TO AVAILABILITY OF FUNDS: Lynda(Lyn)Boswell, �A- M Y � Y ) MA, Finance Director Clifton illiams, CPPB Purchasing Manager EXHIBIT "A" Ifi k 1'1 Ir. . ,� h h M N 4 f y S. 4' N V 4, ti a ti v V L 44 04 u wl s c w 'Zt ti C Z co 0 at O •° h h M i p i J g N 04 Q o C� y LC) •ti ? y y (� C v. N I CJ .+ M Z V. L V, . Ct C a b t O i 141 C C •• a y U I V GU cZ E. y. EXHIBIT "B" MECHANICAL SERVICES FOR THE WATER UTILITIES DEPARTMENT THIS AGREEMENT, made this day of , 2024, 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 IPS PUMP SERVICES, INC. OF HOUSTON, TEXAS. hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one year from the date of the issuance of the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: Mechanical Services per hourly rate schedule as Appendix B, in an amount not to exceed $500,000.00 for Water Utilities Department Equipment. 5. The term"Contract Documents"means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addendum 4) General Information 5) Specification 6) Bid/Proposals 7) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. 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 above written. Signed on the day of , 2024. ATTEST: CITY OF PORT ARTHUR BY: Sherri Bellard Ronald Burton City Secretary City Manager Signed on the day of ,2024. WITNESS: IPS PUMP SERVICES, INC. BY: Print Name: Title: Wilt• -CITY OF PORT ARTHUR,TEXAS Vt rthur' - ADDENDUM NO. ONE (1) Ti.rns April 5,2024 BID FOR: MECHANICAL SERVICES AT WATER AND WASTEWATER FACILITIES The following clarifications, amendments, deletions, additions, revision and/or modification 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. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, April 17, 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,April 17, 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. Gl)ui% r� Cli n Williams, CPPB Purchasing Manager ici2 Signature of Proposer Date nio S �`n v� s Company Vendor Name THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM ' CITY MANAGER City of COUNCIL MEMBERS: ` ) SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR o r t r t h re r VAL TIZENO THOMAS KINLAW HI CITY ATTORNEY DONALD FRANK,SR. Texas April 4, 2024 REQUESTS FOR PROPOSALS MECHANICAL SERVICES AT WATER AND WASTEWATER FACILITIES DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time,Wednesday,April 10,2024(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,April 10,2024 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: P24-032 DELIVERY ADDRESS: Please submit one(1)original and three(3)exact duplicate copies of your RFP to: CITY OF PORT ARTHUR or CITY OF PORT ARTHUR CITY SECRETARY CITY SECRETARY P.O. BOX 1089 444 4TH STREET PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINT 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 Page 1 of 24 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. Proposal 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 submittal will not be accepted. Clifton Williams Purchasing Manager Page 2 of 24 REQUESTS FOR PROPOSALS MECHANICAL SERVICES AT WATER AND WASTEWATER FACILITIES (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 to 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 bill 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 No.: Mailing Address Email: City,State,Zip Code: Date: Page 3 of 24 REQUEST FOR PROPOSALS MECHANICAL SERVICES AT WATER AND WASTEWATER FACILITIES OBJECTIVE The City of Port Arthur is seeking a qualified repair/machining/fabrication service shop, which provides on-demand response to the Request for Proposals (RFP)to furnish all labor and materials to repair,service,fabricate,install,and wire process systems for the City of Port Arthur.This service is consisting of repair, maintenance, fabrication and refurbishment of various pumps, blowers, bar screen and clarifier mechanisms,gearbox,motors,valves,and related equipment used by the Utility Operation Department. BACKGROUND 1. The City of Port Arthur Utility Operation Department services one Water Purification Plant,Water Distribution,Wastewater Conveyance, lift Stations and three Wastewater Treatment Plants. 2. Work may also include electrical work for equipment installation/uninstallation. 3. No minimum or maximum quantities of work are guaranteed SCOPE OF WORK 1. The maintenance shall include both fieldwork and shop work, as necessary to restore equipment to operate in the event of a breakdown,failure, or, inability to operate in an acceptable manner. 2. The repairs shall be defined by a scope of work, generated for each job. In general, consisting of mechanical repairs, parts replacement, fabrication, and when required machine work to restore various equipment to its normal operational condition. The contractor shall be capable of responding within one(1)hours'notice in the event of an emergency condition when required. 3. The work will be unscheduled intermittently and on an "as needed"basis. The contractor will be expected to have personnel and equipment available for field repairs if required. 4. Contractor shall maintain a staffed office for the processing of work orders and specific job- related information during normal working hours,7:30 A.M.to 4:00 P.M.,five(5)days a week. An emergency "on-call"number, or answering service, shall be provided by the Contractor to answer all calls placed after normal working hours seven(7)days per week and during holidays. 5. The Contractor is expected to perform all work in a competent and professional manner. Any damage to a City building or facility, either direct or indirect, resulting from the Contractor or his employees, must be repaired fully and completely at the Contractor's cost, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired in a workmanlike manner. 6. The City shall be invoiced for all replacement parts and/or materials provided by the Contractor, at the Contractor's cost plus a percentage amount to be stated on the Bid Sheet. Invoices reflecting materials unit costs in excess of twenty-five dollars ($25) shall be accompanied by a copy of the vendor's invoice for said material.The City reserves the right to furnish replacement parts and/or materials for any work provided by the Contractor. 7. The City will issue a work order and scope of work for each job. Each job shall be billed separately including required replacement material invoices.Each invoice provided for the work shall bear the City's contract number and related work order number. No invoice will be paid Page 4 of 24 without authorized Work Order and Contract numbers identified on the invoice. 8. Vendor shall provide a written estimate of job cost prior to commencement of work. 9. During the progress of the work,if it becomes evident that the actual cost of the job will exceed the estimate by ten percent(10%)or more,the vendor shall immediately notify the originator of the work,making them aware of the situation and request further instructions. 10. Each job shall be warranted for at least a twelve (12) month period. The vendor shall extend Manufacturer warranties to the City on parts provided by the vendor. 11. All hourly rates shall be from the time the contractor arrives at the job site until the time of completion of work. 12. All travel cost is to be included in the hourly rate. 13. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary in connection therewith,excepting those supplies specifically not required of Contractor in the Specifications. 14. The City of Port Arthur or its authorized agent shall have the right to inspect the shop and work at all times and upon completion thereof. The Contractor may not assign all or part of this contract without prior consent in writing by the City. An Insurance Certificate must also be provided prior to the performance of work by any Subcontractor showing coverage as either under the Contractors policies or as separate policies held by the Subcontractor. The City, through its authorized agents, shall have the right to refuse payment for work not performed to specifications,if such work was represented by Contractor as completed and within compliance. 15. Contractor will only perform work when called by an authorized City representative. 16. The City reserves the right to utilize any shop or manufacturer to repair any equipment and is not limited in any way to the sole use of this contract for repairs. 17. Contract term shall be one year with the option to renew for two additional one year periods. Page 5 of 24 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 Vendors 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 pages. 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. A. EXPERIENCE The offeror shall provide the following information. 1) Experience with utility machine (pumps,blower, valve, clarifier, bar screen) repairing fabricating, installation. 2) The number of years in business. 3) Professional affiliations. 4) Recent examples of similar projects. B.1 PERSONNEL OUALIFICATIONS Contractors assigned by the offeror shall specialize in machine repair and maintenance. This experience shall be documented in a resume for each staff member of the organization that will be selected to provide services. The offerors' description shall also describe the proposed staffing level required to perform the services and a list of all key members of the offeror's team (except administrative support staff). Indicate the level of effort and function of each member of the project, and the length of each staff member's direct experiences. Include resumes of these individuals. The resumes should include the following minimum information: 1) Name 2) An explanation of the function they will perform and their title by classification. 3) Their relevant educational background. 4) Their relevant work experiences. 5) Their work experience with local, state, and federal government clients. 6) Any specialized skills, training, and/or credentials that is relevant to the required services; (e.g., degrees, certificates, etc). C. REFERENCES Include three (3)business references for which similar services have been provided. Include the following: 1) The term (beginning and ending dates) of your contract agreement(s); 2) A brief description of the scope of work; and 3) Contact name, title, address, email, and telephone number. Page 6 of 24 The offeror(s) hereby authorize(s) and request(s) 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. See Appendix C. p.)COST Appendix A—Cost Proposal is the estimated amount your firm would be compensated for services provided to the City of Port Arthur. The City will consider hourly rates, flat fees, and percentage over cost. While price is an important factor,it will be considered as just one factor in the evaluation and selection process.The proposer must utilize the form provided in Appendix A in its submission of a cost proposal in response to this RFP. The cost proposal must be included in each copy of the proposal. Page 7 of 24 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview,at the proposer's own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, personnel qualifications, references, methodology/strategy,cost,and quality of response.The City reserves the right to negotiate the final fee prior to recommending any Vendor 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(25-points) b. Personnel Qualifications (30-points) c. References(15-points) d. Cost(30-points) 2 City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon,the selected Vendor 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 Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of the response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to,and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City's judgment as to the appropriateness of an award to the best-evaluated proposer.This information may be appended to the proposal evaluation process results. Page 8 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 Page 9 of 24 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. J,NVOICES: 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. JNTEREST 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. DELINOUENT 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 10 of 24 OUANTITIES: 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 delivered to the City of Port Arthur as stated in the cover letter. Shipping for all materials supplied under this contract shall be billed at cost to the City of Port Arthur. INCORPORATION OF PROVISIONS REOUIRED 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'notices 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 11 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. The 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 Page 12 of 24 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.The 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. PERFORMANCE AND PAYMENT BOND REOUIREMENTS:Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas.Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 13 of 24 APPENDICES A. Cost Proposal B. Letter of Interest C. Vendor References D. Non-Collusion Affidavit E. Affidavit F. Conflict of Interest Questionnaire G. HB 89 H. SB 252 Page 14 of 24 APPENDIX A COST PROPOSAL Using this form, each proposer must state its proposed project estimated charges. Each proposer's charges must include the entire cost of providing the services identified in this RFP. STRAIGHT TIME HOURLY RATES (7:30 AM to 4:00 PM Mon—Fri) Description Est.Usage Price/Hr. Total Field Mechanic with truck 100 Hrs. $ /i&" $ /d Sai Field Helper 100 Hrs. $ .9C� $ g fa0 t- Shop Mechanic 200 Hrs. $ q�"—� $ 19 Qk7 "G i Shop Helper 200 Hrs. $ 7oa $ 1 S C1? o' Skilled Machinist 100 Hrs. $ //�`)® $ //S 9 o- Welder(Shop) 200 Hrs. $ $ ea)'1.e Welder with equipment for 50 Hrs. $ 0 $ cc• fieldwork �'®.� _ ifv Electrician 80 Hrs. $ JQr- $ gli SUBTOTAL BID AMOUNT-STRAIGHT TIME $ c OVERTIME HOURLY RATES Description Est.Usage Price/Hr. Total Field Mechanic with truck 50 Hrs. $ /j"7 — $ Ei 7.r°f2 i Field Helper 50 Hrs. $ /2,7`5P— $ �" 3 7S�— Shop Mechanic 25 Hrs. $ l 92-5'9 $ 3 s62. c' Shop Helper 25 Hrs. $ 1/2 ' $ sa �-5-2-7 Skilled Machinist 10 Hrs. $ /72 s�' $ 172s-d� Welder-(Shop) 10 Hrs. $ ) �3.— $ 4 y2( � s Welder with equipment for 10 Hrs. $ / So $ fieldwork /�/ ,' Electrician 10 Hrs. $ J571f. $ /f-,S SUBTOTAL BID AMOUNT-OVERTIME $ 26' 9 zc PARTS and MATERIALS Description Est.Value Project Estimated Value for Parts and Materials $200,000.00 Percent Markup on Parts and Materials 2 g % SUM OF STRAIGHT TIME,OVERTIME&PARTS and $ f� n, "— MATERIALS plus%MARKUP)TOTAL BID AMOUNT / I1 8�/ mil` Page 15 of 24 1. Materials and/or equipment furnished by the contractor shall be billed at cost plus the Percent Markup entered in the above table.The City of Port Arthur reserves the right to request copies of invoices from the contractor for material or equipment cost that shall include freight cost. 2. The Estimated hours and materials costs in the above table are to provide a level and equal bid for all bidders and a contract value, but actual work under the contract will be charged at the Price/Hour for each position and the actual hours worked by the position. Actual work will not be limited by any position to the hours listed in above table. 3. The successful bidder shall track the amount expended on the contract with each work order and shall notify the Water Utilities designated Contract coordinator when 90%of the funds have been expended or if an estimate for a task order will exceed the 90% level. ,—S. ea p5 yr s g$oI J, COMPANY NAME STREET ADDRESS - GNATURE OF BIDDER P.O.BOX obi �rLr� AL'S .1 `77&� PRINT OR TYPE NAME CITY STATE ZIP Aguicy42- S s AA/4 pr 7 92.6iTITL AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 16 of 24 APPENDIX B LETTER OF INTEREST RFP-Mechanical Services at Water and Wastewater Facilities Deadline: April 10,2024 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 Mechanical Services for the Water and Wastewater facilities for City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP,are the following: • Completed Cost Proposal • Completed RFP Letter of Interest Form • Completed Vendor References • Non-Collusion Affidavit • Completed Affidavit • Completed Conflict of Interest Form • Completed FIB 89 • Completed 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 the RFP and participating in the process will be borne solely by the firm, and that the required materials to be summited will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any error,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. �S dfry c`vILeS 4 /1(129 Firm Name ,, � ( 1Date g3) ( (,(Li . (G�Coe �7"��yPJ�, T 7`7d6 Address City/State/Zip Authorized Signature Title &6 61 LLet rd 2--c17- 92 p Name(Please Print) Telephone I. reAe SA- . CaAl Email Page 17 of 24 APPENDIX C VENDOR REFERENCES Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR BID. REFERENCE ONE Government/Company Name: 1I 'i or t T',),,1,„1 Address: 2) . )A,440 -- 57' T� '71f2z' Contact Person and Title: / �Y /62,4p Phone: 2-32- ?2- - _5"07 '7 Fax: 60/4- Contract Period: / 23 — e/21 Scope of Work: Air<,ib itie (cj7o 1 REFERENCE TWO Government/Company Name: el Ty Q 4Aalr-C 1. Address: W %max 7c- ,J73Vi '1 7 7 ?&Z Contact Person and Title: �s Zhickr1 Phone: 93 " —Ys3 ? Fax: ,v�A Contract Period: Scope of Work: S41451 Se V I zo / pili B5 Lei c? /'/a�REFERENCE THREE Government/Company Name: U) a-tir- St-�104e-S Address: MO Wzdy S f�Z � '. 1i, n/ ,6 7797d Contact Person and Title: ,_Jeer— Perry Phone: ZO J— 2 --6 VS S° Fax: Contract Period: Scope of Work: 5A 5/ can/Ili I 440-.5 OFFEROR MUST RETURN THIS PAGE WITH OFFER Page 18 of 24 APPENDIX D 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: Printed Name: Printed Name: cibbit iDi c) Title: SAS Company: ►rep 5� j�e1 Date: c1s—l2 SUBSCRIBED nd sw rn to before e by the above named '.A,, , s ' =k on this the 151E-day of , 20,, ='=-0. _ _ NotaryPu is in and for the !yz KELLYGRIMES ) =' - Notary Public State of Texas �� *_ STATE OF TEXAS I reA' OF 'My ComDm 0i,202 4 My commission expires: 11124 Page 19 of 24 APPENDIX E 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 and signed offers and agrees to one of the following: I hereby certify that I do not have 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. -- ---PS Ar0---C9 WI (-6'S 9//s/2y Firm Name Date g36l w f roe (t-C gisle-fj, )76' -776/ Address City/State/Zip Aut orized Signature Ti le Name (please print) Telephone 01;•., ► 3. a •` bthb . ! f I I4 r J d ' / i'G as-A- 60,0 Email // //d"- K p"'P� KELLY GRIMES ( lcSTATE: 1 bt3 ;%" - Notary Public *;„; %*i STATE OF TEXAS ~9s 'oPta COUNTY: ,YIr1 ( ...,,,,..:: Gomm. 132.Se .17,2024 I SUBSCRIBED AND SWORN to before me by the above named _Y 6 0 i. r 4 on this the i� day of apd______, 20, otary P c RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 20 of 24 1 APPENDIX F CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ 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 taw 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. ii Name of vendor who has ar bum s relationship with local governmental entity. I I 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.) J Name of local government officer about whom the information is being disclosed. Name of Officer J 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 n 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 lrotn the local governmental entity? nYes n No J 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. J l� l l 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)(B),excluding gifts described in Section 176.003(a-1). , 4- i2_y attire of vend don g business with the governmental entity D Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30,2015 Page 21 of 24 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/LGlhtm/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)Avendor 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 government 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 11/30/2015 Page 22 of 24 APPENDIX G House Bill 89 Verification I, )ebby b11 fci (Person name), the undersigned representative (hereafter referred to as "Representative") of ..-i- Ps 4 h rylc 'S (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. SIGNATURE OF REPRESENTATIVE SUB CFI ED AND SWORN T BEFORE ME, the undersigned authority, on this " � day of r U, , 2 . otary Public pY Pp KELLY GRIMES ,o:= °. Notary PUblic 34";*' STATE OF TEXAS I `:";- ID#132680605 :°FMy Comm.Exp,Sep.17,2024 Page 23 of 24 APPENDIX H SB 252 CHAPTER 2252 CERTIFICATION 1, lb67 biL2ctrd , the undersigned and Representative of x.eS Po (Company or Business 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. b6y Name of Company Representative (Print) nature of Company Representative 5 ,/2y Date Page 24 of 24