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HomeMy WebLinkAboutPR 15647: ASSOCIATED MECHANICAL SERVICES, INC. CONTRACT FOR AIR CONDITIONINGCITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT TO: Stephen B. Fitzgibbons, City Manager FROM: Ross E. Blackketter, P.E., Director of Public Works SUB7ECT: P.R. #15647 -Air Conditioning Service Contract DATE: November 20, 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15647, awarding a bid and authorizing the execution of a Three (3) year contract for Air Conditioning Service to Associated Mechanical Services, Inc. of Nederland, Texas. This contract will be awarded on a UNIT COST BASIS as listed below and will be utilized for various City departments and buildings. BACKGROUND: This is the second award of an Air Conditioning Service contract. Previously, air conditioning repairs were provided by a basis of calling for various quotes or handled on an emergency basis. Having a contract helps eliminate delays in achieving needed repairs and provide for regular preventative maintenance. Bids were advertised in the Port Arthur News on 25 October 2009 and 01 November 2009. Bids were received and opened on it November 2009, with six (6) bids being received (see attached bid tabulation). The bid from Associated Mechanical Services, Inc. was found to be the lowest and most responsive, as follows: Associated Mechanical Services, inc.. Nederland_ Texas No. ITEM 2006 Bid 2009 Bid Difference 1. Labor $32/hr $45/hr + 40.6% 2. Materials Markup 35% 25% - 28.6% 3. Response Time 2 hours 2 hours N/A This bid was reviewed by the Public Works staff and the Purchasing Manager and found to be the lowest, most responsible bid for this service, since the two lower bidders do not possess the necessary classification of license for all our facilities. Z:\engineer\Documents\AC Service\CAM-09.docx BUDGETARY/FISCAL EFFECT: Funds are provided in various departmental budgets for this service. STAFFING/EMPLOYEE EFFECT: None. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 15647, authorizing a three (3) year contract for Air Conditioning Service to Associated Mechanical Services, Inc. on a UNIT COST BASIS. The prices bid are reflective of the costs for this service. G <-mss.-L-- Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:\engineer\Documents\AC Service\CAM-09.docx P.R. No. 15647 11/20/09 reb RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE EXECUTION OF A THREE (3) YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND ASSOCIATED MECHANICAL SERVICES, INC. OF NEDERLAND, TEXAS FOR AIR CONDTI'IONING SERVICE ON A UNIT COST BASIS. WHEREAS, periodically the City requires the services of a contractor to provide air conditioning service and repairs for various departments; and, WHEREAS, the City advertised in the Port Arthur News on October 25, 2009 and on November 1, 2009 for said services; and, WHEREAS, six (6) bids were received and opened on November 11, 2009 for the above referenced Contract and have been evaluated by the Public Works staff and Purchasing Manager; and, WHEREAS, the two lowest bidders do not have the necessary license classification to work on all the City air conditioning facilities; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards the bid for a three (3) year contract for Air Conditioning Service, to the lowest responsible bidder to wit: Associated Mechanical Services, Inc. of Nederland, Texas as shown on Exhibit "A", attached hereto and made a part hereof; and, P.R. No. 15647 Page 2 THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, a contract between the City of Port Arthur and Associated Mechanical Services, Inc. for a term of three (3) years for the above referenced services; and, THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit "B" attached in part hereto and made a part hereof by reference; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of A.D. 2009 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Attest: City Secretary Mayor APPROVED AS TO FORM: City Attorn ~ ~ °t,~i P.R. No. 15647 Page 3 APPROVED FOR ADMINISTRATION: Stephen B. Fitrgibbons City Manager APPROVED AS TO AVAILABILITY OF FUNDS: .i' Deborah Echols, CPA Director of Finance ~. Ross E. Blackketter, P.E. Director of Public Works ~ ~ hawna Tubbs Purchasing Manager Z: \engi neer\Documents\Resolutions\PR15647.docx EXHIBIT A Q N W ~ V C ti ~ ~ ~ ~ 0 •~ y M H ~ +r ~ ~ ~ ~ ~ x a O H ~ ~ ~, . .~~ ., o U ~ A O a ;o ~4 b c aio a (~" ~ V , ~ ~ '" ~ a O V ;ti pa ~ U ~ ~ H ~a Sy m y U y e C °' "' U ~ ~' ~'' ~ N +~ y y ~ ~ °N o ~~ o~ x y •4 O ~ ' O ~ b [ C ~„~ ~ a O V 1/'j ~ N C 0 ~ ~ 'st z a H y ~ O ~ O \° Lr O y V p O U N ~ M N ~ y ~ ~ ~ ~ Tyr ~ ~ O a F ~ ^o a ~ '~ b .°3 ..~. ~, C Ti o O ~ r ~ y .O ~ V . r ,~ O U 1!') ~ ~ N ~ TC i '+w . y y > 69 N t y y ~ ~ ~ ~ ~ z z ,, d ~ H ~~ ~ ~ o ~; y ~+ a ~ p U vj ~ ~ N N ~ o io a ~ y 3v Tr 0 a a Q,~O ~~ ~ F C rr C ' Vi ~r L ~ ~ ~ Vl O ~ ~ N N r ... v ~+ U 6 '" ~ x ~ °' A a °' o x x ~ ~ a a c h o a a o +r ~ ~ ~ a y ~ y .r L+ 31 ~ it Rl .u ~ a y ~ V ~ ~ b ~ ooh C a A ~ y ~ N M 'lt \~ ~ A T. v o~ 3~ H a 3 a 0 a~ a EXHIBIT B AIR CONDITIONING SERVICE CONTRACT FOR THE CITY OF PORT ARTHUR THIS AGREEMENT, made this 1$` day of December , 2009, 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 Associated Mechanical Services, Inc. a (n) Corporation herein acting Individual, firm, partnership or corporation by and through John P. Weber 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: The term of this Contract shall be from Ol December 2009 to 30 November 2012 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. Any terms and conditions stated in original specifications will apply to any extended periods. 2. The Contractor will perform air conditioning service for the City of Port Arthur 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 in 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 price of $ 45.00 per hour Page 1 of 2 5. 25% mark up over cost for material. 6. Two Hour Response time 7. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addenda 4) General Information 5) Specification 6) Bid 7) Notice of Award 8) Notice to Proceed 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. 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 2009 ATTEST CITY OF PORT ARTHUR CITY SECRETARY BY Signed on the day of 2009 ATTEST CONTRACTOR BY CITY SECRETARY Page 2 of 2 CITY OF PORT ARTHUR, TEXAS RID SHEE'1 BID FOR; Air Conditioning Maintenance for the City of Port Arthur BID OPENING DATE: November 11, 2U09 OU"TLINE OF BID DATA: ITEM DESCRIPTi(JN CUST 1 • LABOR $~/HO~R 2• MATERIALS $ ~ V % MARKUP OF COST 3• ON-SITE RESPONSE TIME 2 HOURS Receipt of addenda is acknowledged: No. I Dated ~ Received 0 OMP N ME ~J ~ ~~ ~ ~ ~ ~, • STREET ADDRESS ~~ SI TURE OF BIDDER P.O. BOX {PRINT 4R TYPE NAME) CITY STATE ZIP ~ i ~~fi TITLE ~~Q~O -°l'l~ 3 -~ CC~a?1 ~ AREA CODE TELEPHONE NO. ~/ ~ _~.~~~1~1 EMAIL Page l U of 13 BID OPENING DATE: November 11, 2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY' ADDRESS ~ Q ~~ ~ U CITYISTATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS ~ _v . ~( ~X ~ ~' CITYISTATE/ZIP ~1~t',~ ~~ y~(~ ~ f'X ~ ~ TAX IDENTIFICATION NUMBER 1 -~ ~~~ ~~Q S~ ~~~ , Page 11 of 13 AFFiiIAViT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The unders' ed offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further I agree to pay succeeding debts as they become due during this agreement. 1 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 debt as they become due. I hereby certify that l 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. NAME OF OFFEROR: (~ ~ )1 l~ TI'TI,E ADDRESS ` a~Ol~-.J ~Yl~l.-'~ I ~ lC~-` ~~~ (C~ CITY/STA TELE1'I-IO SIGNAT'LT STATE COUNTY SUBSCRIBED AND SWORN to before me by the above named on this the day of _ , 2U Notary Public RETURN TIIIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page l2 of I3 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 11.B. 1491, 80` I~eg., Regular Session. "This yuestionnaire 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 7`~ business day after the date the person becomes aware of facts that require the statement to be filed. See Section l 76.006, Local Government Code. A person camtnits an offense if the person knowingly violates Section i 76.006, 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. 2. Check this bos if you are ding 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 local a govern~m(ent~o}ffieer with whom filer has employment or business relationship. -_ _l~l- L_L______ Name of O ~cer This section (item 3 including subparts A, B, C, & D} must be completed for each officer with whom the tiler 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'? i Yes ^ No ^ B. Is the tiler of the questionnaire receiving or likely to receive taxable income, other than investment income, from the tiler of the questiom~aire`? Yes ~ No C. Is the filer of this questionnaire employed by a corporation or other Yes ^ No D. Describe each employment or business relationshi with the local overnment officer named in this section. 4. _ _ Signature of person doing business with the governmental entity Date _ Page 13 of )> 3 DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO-TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON OCTOBER 23, 2009 INVITATION TO BID AIR CONDITIONING MAINTENANCE CONTRACT FOR THE CITY OF PORT ARTHUR STEPHEN FITZGIBBONS CITY MANAGER. TERRI HANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 PM, Central Standard Time, Wednesday, November 11, 2009. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 PM on Wednesday, November 11, 2009 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. MARK ENVELOPE: AIR CONDITIONING DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to: CITY OF PORT ARTHUR CITY SECRETARY P.O. BOX 1089 PORT ARTHUR, TEXAS 77641 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed to: City of Port Arthur, TX Shawna Tubbs, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 409.983.8160 Shawna~~;portarthur.net Questions concerning the Scope of Work should be directed to: City of Port Arthur, TX Ross Blackketter, Director of Public Works P.O. Box 1089 Port Arthur, TX 77641 409.983.8180 rblackketter(~z>portarthur.net Page 1 of 13 P.O. BOX 1089 PORT ARTHUR, TEXAS 77641-1089 409/983-8115 FAX 409/983-8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS 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 ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs Purchasing Manager Page 2 of 13 INVITATION TO BID CITY OF PORT ARTHUR AIR CONDITIONING MAINTENANCE CONTRACT FOR THE CITY OF PORT ARTHUR NO BID is submitted: this time only not this commodity/service only 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. If not submitting a bid, please complete the questionnaire at the bottom of this page. NOTICE 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. (To be Completed ONLY IF YOU DO NOT BID.) Yes No Does our com an rovide this roduct or services? Were the s ecifications clear? Were the s ecifications too restrictive? Does the Ci its bills on time? Do ou desire to remain on the bid list for this roduct or service? Does our resent work load ermit additional work? Comments/Other Su estions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 13 ATTENTION ALL VENDORS In an effort to "Expedite Notification" Vendors of upcoming bids with the city Arthur, we are asking "All Vendors" to with Public Purchase: (www.public~urchase.com) to All of Port register Public Purchase is a "FREE" service that will notify you via e-mail of the City's upcoming bids. If you have any questions please contact the Purchasing Division at 409-983-8160 or Shawna@portarthur.net Page 4 of 13 CITY OF PORT ARTHUR GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS IN DUPLICATE for furnishing: AIR CONDITIONING MAINTENANCE Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than Wednesday, November 11, 2009, at 3:00 P.M.. Bids received after the closing time specified will be returned to the bidder unopened and claims of mail delays will not constitute an exception. Bid proposal MUST BE SIGNED BY BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. 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. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price. The award shall be made to the responsible vendor(s) whose bid is determined to be lowest offer, taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. Page 5 of 13 TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. 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 moneys 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. Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. Addenda will be mailed to all who are known to have received a copy of the ITB. Offeror's shall acknowledge receipt of all addenda. BONA FIDE BUSINESS THAT CLAIMS THE CITY OF PORT ARTHUR AS ITS PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office personnel) shall be a Port Arthur address, 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. 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. Page 6 of 13 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, 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. SALES TAX: The City of Port Arthur is exempt bylaw 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. 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 ITB. 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. All bids will remain in effect for one year. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas 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. Page 7 of 13 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. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. 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. 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. Page 8 of 13 SPECIFICATIONS AIR CONDITIONING SERVICE CONTRACT FOR THE CITY OF PORT ARTHUR THE CONTRACT WILL INCLUDE THE FOLLOWING FOR ALL BUILDINGS OWNED BY THE CITY OF PORT ARTHUR. 1. Minor repairs of current air conditioners and air conditioning systems. 2. Quarterly preventive maintenance (including belts and lubrication). 3. Annual cleaning of air handlers. 4. Monthly replacement of filters. City Hall filter sizes: 16x25x2 Glasfloss Z-line pleat filters 20x25x2 Glasfloss Z-line pleat filters Other City buildings filter sizes as appropriate. 5. Installation of pressure gauges to monitor the differential air pressure across the filter to determine the extent of filter clogging/obstruction and need for replacement. 6. Calibration ofthermostats/control systems. 7. Labor charges to be billed at an hourly rate as bid. 8. Minimum charge for a service is the bid rate for one hour of labor. 9. Materials to be charged at cost plus a percentage markup as bid. Proof of materials cost must be provided with invoicing. 10. Response time to premises must be within two (2) hours of receipt of call during normal working hours. After hours and on weekends, response time will be dependent on urgency of need and City agreement to pay overtime rates. 11. Replacement of entire air conditioning units does not fall under the terms of this contract. 12. Installation of new air conditioning units does not fall under the terms of this contract 13. The contract will be for 12 months and the city will have the option to renew the contract two (2) subsequent one year periods. Note: All air conditioning and heating issues will be evaluated/resolved by City Electrical Division personnel prior to the contractor being notified. Page 9 of 13 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Air Conditioning Maintenance for the City of Port Arthur BID OPENING DATE: November 1 I, 2009 OUTLINE OF BID DATA: ITEM DESCRIPTION COST 1. LABOR $ /HOUR 2. MATERIALS $ % MARKUP OF COST 3. ON-SITE RESPONSE TIME 2 HOURS Receipt of addenda is acknowledged: No. 1 Dated Received COMPANY NAME SIGNATURE OF BIDDER (PRINT OR TYPE NAME) TITLE STREET ADDRESS P.O. BOX CITY STATE ZIP AREA CODE TELEPHONE NO. EMAIL Page 10 of 13 BID OPENING DATE: November 11, 2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS CITY/STATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER Page 11 of 13 AFFIDAVIT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further I agree to pay succeeding debts as they become due during this agreement. 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 debt 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. NAME OF OFFEROR: TITLE ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER SIGNATURE STATE COUNTY SUBSCRIBED AND SWORN to before me by the above named on this the day of , 24 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 12 of 13 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, 80` 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 7~' 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. 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 7"' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local a government officer with whom filer has employment or business relationship. 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 the filer of the questionnaire? Yes ~ No C. Is the filer of this questionnaire employed by a corporation or other Yes ^ No ^ D. Describe each em loyment or business relationship with the local government officer named in this section. 4. Signature of ners~n dine business with the governmental entity Date Page 13 of 13