Ordinance No. 15,607 ORDINANCE NO. 15,607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
APPROVING THE AGREEMENT FOR HVAC REPLACEMENT BETWEEN THE
BAYTOWN AREA WATER AUTHORITY AND AMERICAN MECHANICAL
SERVICES OF HOUSTON, LLC, FOR THE PURCHASE AND REPLACEMENT OF
HVAC UNITS AT THE BAYTOWN AREA WATER AUTHORITY FACILITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Baytown Area Water Authority's enabling legislation requires that the City
Council approve certain agreements before the Baytown Area Water Authority("BAWA") enters into the
same; and
WHEREAS, on October 18, 2023, the Board of Directors of BAWA approved the Agreement for
HVAC Replacement between the Baytown Area Water Authority and American Mechanical Services of
Houston, LLC, for the purchase and replacement of HVAC units at the Baytown Area Water Authority
facility; and
WHEREAS,the City of Baytown desires to approve such agreement;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and
are hereby adopted.
Section 2: That the City Council of the City of Baytown,Texas,hereby approves the Agreement
for HVAC Replacement between the Baytown Area Water Authority and American Mechanical Services
of Houston, LLC, for the purchase and replacement of HVAC units at the Baytown Area Water Authority
facility, which agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the 'ty Council the City of
Baytown this the 26"'day of October,2023.
c
���, MIKE LESTER, Mayor Pro Tern
ATTEST: Napo...,aL 5za
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ANGELA ACKSO , �? lerkC'
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APPROVED AS TO FO 0.
4
SCOTT LEMOND, ity Attorney
RAKaren Anderson\ORDINANCES\2023\2023.10.26\ApprovingBAWAContract4HVACReplacement.docx
EXHIBIT "A"
AGREEMENT FOR HVAC REPLACEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement(this "Agreement")is entered into by and between American Mechanical Services
of Houston, LLC (hereinafter "Vendor")and the Baytown Area Water Authority, a governmental
agency and a body politic and corporate of the State of Texas, created pursuant to Chapter 600,
Acts of the 63rd Legislature, Regular Session, 1973, hereinafter referred to as "BAWA."
1. Scope of Services/Vendor Fees
a. This Agreement authorizes Vendor to perform HVAC Replacement services for
Baytown Area Water Authority (the "Work") for and on behalf of BAWA as
specified in the Scope of Work attached as Exhibit"A."
b. This Agreement shall commence on the date of execution by the General Manager
and(if not terminated in accordance with paragraph 10)shall terminate:
0 upon completion of the Work in accordance with this Agreement, including
Exhibits;
number of months/days (spelled out) (number of months/days [numerical])
months/days following execution by the General Manager,allowing for up to
number of renewals (spelled out) annual renewals;
El the earlier of (a)completion of the Work in accordance with this Agreement,
including Exhibits; (b) number of months/days (spelled out) (number of
months/days [numerical]) months/days following execution by the General
Manager, allowing for up to number of renewals (spelled out) annual
renewals.
C. The scope of the Work is detailed in Exhibit "A."
d. The time schedules for the Work are specified in Exhibit "B."
e. Each of these Exhibits "A" through "B" is incorporated into this Agreement by
reference for all purposes.
2. Compensation and Fees
a. BAWA shall pay the Vendor based upon detailed invoices submitted by the Vendor
based upon the following:
i. HVAC Replacements....................................................................... 1%000.00
ii. HVAC RTU#5 Replacement per Exceptions ...................................$73,955.00
iii. Extended Warranty..............................................................................$2,500.00
iv. Description of work or services......................................$Dollar Amount.Cents
V. Description of work or services.......................o..............$Dollar Amount.Cents
vi. Total (not to exceed)....
Agreement for Services,Page 1 Rev.09/11/2023
b. If this Agreement allows for annual renewals, Compensation and Fees ❑ shall /
shall not increase annually based upon year-to-year changes in the Consumer
Price Index Urban ("CPIU"). CPIU increases under this agreement shall be
adjusted to reflect the CPIU sixty-four (64) days prior to the effective date of the
renewed contract. Vendor understands and agrees that CPIU increases under this
Agreement are not automatic. Vendor shall not be entitled to a CPIU increase
unless, at least sixty-four (64) days prior to the effective date of each renewed
contract,Vendor notifies BAWA, in writing in accordance with Paragraph 1(b), of
its desire to obtain a CPIU increase.
C. Vendor shall not exceed the fixed contractual amount without written authorization
in the form of a contract amendment.
d. Vendor shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Vendor shall not invoice BAWA for
services or expenses that were incurred more than sixty (60) days before the date
of the invoice. Failure to timely invoice BAWA for services or expenses shall result
in Vendor's invoice being denied.
e. In the event of a disputed or contested invoice,BAWA may withhold from payment
that portion so disputed or contested, and the undisputed portion will be paid.
f. BAWA shall pay Vendor the maximum rate permitted by Chapter 2251 of the
Texas Government Code on any past due payment not received within 30 days after
the payment due date. In accordance with § 2251.043, in a formal administrative
or judicial action to collect an invoice payment or interest due under this chapter,
the opposing party, which may be the BAWA or Vendor, shall pay the reasonable
attorney fees of the prevailing party.
3. Personnel of Vendor
a. Vendor's Project Manager
Vendor shall designate Brian Kisiel, to serve as Project Manager for the Work
performed under this Agreement. Any change of Project Manager shall require
thirty(30) days advance written approval from BAWA's Representative.
b. Data on Vendor's Employees
Prior to commencement of the Work, Vendor shall forward to BAWA a detailed
resume of the personnel that will be assigned to the Work.
d. Rejection of Vendor's Employees
BAWA reserves the right to approve or reject from the Work any employees of
Vendor.
A greement for Services,Page 2
4. Designation and Duties of BAWA's Representative
a. The Director of BAWA or his/her designee shall act as BAWA's Representative.
b. BAWA's Representative shall use his/her best efforts to provide nonconfidential
BAWA records for Vendor's use. However, BAWA does not guarantee the
accuracy or correctness of the documents so provided. Notwithstanding the
foregoing, Vendor shall be entitled to use and rely upon information provided by
BAWA in performing the services required under this Agreement only to the extent
and level specified by BAWA in writing for each document provided. Nothing
contained herein shall be construed to require BAWA to provide such records in
any certain format. The format in which the existing data and documentation will
be provided shall be at the sole discretion of BAWA.
5. Standards of Performance
a. Vendor shall perform all services under this Agreement with the care and skill
ordinarily used by members of Vendor's profession practicing under the same or
similar circumstances, time and locality. Opinion of probable costs shall be based
upon the Vendor's experience and represent its best judgment as an experienced
and skilled practitioner. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Vendor shall be responsible for the accuracy of its services and documents resulting
therefrom,and BAWA shall not be responsible for discovering deficiencies therein.
Vendor shall correct such deficiencies without additional compensation.
b. Codes and Standards
i. All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the requestor for Work
is made by BAWA.
ii. The Work shall be designed and furnished in accordance with the most
current codes and/or standards adopted by city,state,or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Vendor if superior methods
are available for successful completion of the Work. Any alternative codes
or regulations used shall have requirements that are equivalent or better than
those in the above-listed codes and regulations. Vendor shall state the
alternative codes and regulations used.
Agreement for Services,Page 3
iv. Vendor agrees the services it provides as an experienced and qualified
HVAC Service and Replacement Company will reflect the professional
standards, procedures and performances common in the industry for this
project. Vendor further agrees that any analysis, reports, preparation of
drawings, the designation or selection of materials and equipment, the
selection and supervision of personnel and the performance of other
services under this Agreement will be pursuant to the standard of
performance common in the profession.
V. Vendor shall promptly correct any defects caused by Vendor at no cost to
BAWA. BAWA's approval, acceptance, use of or payment for all or any
part of Vendor's services hereunder or of the Work itself shall in no way
alter Vendor's obligations or BAWA's rights under this Agreement. As
applicable, Vendor shall provide BAWA with record "as-built" drawings
relating to the Work in an electronic format that is acceptable to BAWA.
BAWA shall be in receipt of record drawings, if applicable, prior to final
payment.
6. Schedule
Vendor shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by BAWA's Representative.
7. Insurance
Vendor shall procure and maintain at its sole cost and expense for the duration of the Agreement,
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the Work hereunder by Vendor, its agents, representatives,
volunteers, employees or subcontractors.
a. Vendor's insurance coverage shall be primary insurance with respect to BAWA, its
officials, employees and agents. Any insurance or self-insurance maintained by
BAWA,its officials,employees or agents shall be considered in excess of Vendor's
insurance and shall not contribute to it. Further, Vendor shall include all
subcontractors, agents and assigns as additional insureds under its policy or shall
furnish separate certificates and endorsements for each such person or entity. All
coverages for subcontractors and assigns shall be subject to all of the requirements
stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products& Completed Operations Aggregate: $2,000,000
■ Personal & Advertising Injury: $1,000,000
0 Per Occurrence: $1,0005000
■ Fire Damage $500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
Agreement for Services,Page 4
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project
■ Waiver of Subrogation required
iv. Workers' Compensation
■ Statutory Limits
■ Employer's Liability$500,000
■ Waiver of Subrogation required
b. The following shall be applicable to all policies of insurance required herein:
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
A:VIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
iii. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
iv. Each insurance policy shall be endorsed to state that coverage shall not be
suspended,voided,canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to BAWA.
V. BAWA, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
vi. Upon request and without cost to BAWA, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to BAWA.
vii. Upon request and without cost to BAWA, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to BAWA.
Agreement for Services,Page 5
Vili. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to BAWA, and shall be carried in the name of
Vendor. Vendor shall provide copies of insurance policies and
endorsements required hereunder to BAWA on or before the effective date
of this Agreement.
8. Indemnification and Release
VENDOR AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND BAWA, ITS OFFICERS, AGENTS, AND
EMPLOYEES (HEREINAFTER REFERRED TO AS"BAWA")
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON,FOR DAMAGE TO ANY PROPERTY OR
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT,OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE VENDOR OR THE VENDOR'S
AGENT, VENDOR UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE VENDOR EXERCISES CONTROL
(COLLECTIVELY, VENDOR'S PARTIES). IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO, BOTH VENDOR AND
BAWA, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY VENDOR TO INDEMNIFY AND
PROTECT BAWA FROM THE CONSEQUENCES OF VENDOR'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE VENDOR'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY
PERSON OTHER THAN THE VENDOR'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST BAWA FROM WHICH BAWA IS INDEMNIFIED,
VENDOR FURTHER AGREES AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO BAWA. THE INDEMNITY PROVIDED
Agreement for Services,Page 6
HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR
EXPIRATION OF THIS AGREEMENT.
By this Agreement, BAWA does not consent to litigation or suit, and BAWA hereby
expressly revokes any consent to litigation that it may have granted by the terms of
this Agreement or any other contract or agreement, any charter, or applicable state
law. Nothing herein shall be construed so as to limit or waive BAWA's sovereign
immunity. Vendor assumes full responsibility for its services performed hereunder
and hereby releases, relinquishes and discharges BAWA, its officers, agents, and
employees from all claims,demands,and causes of action of every kind and character,
including the cost of defense thereof,for any injury to or death of any person(whether
they be either of the parties hereto, their employees, or other third parties) and any
loss of or damage to property (whether the property be that of either of the parties
hereto, their employees, or other third parties) that is caused by or alleged to be
caused by, arising out of, or in connection with Vendor's services to be performed
hereunder. This release shall apply with respect to Vendor's services regardless of
whether said claims, demands, and causes of action are covered in whole or in part
by insurance.
9. Subcontractors
Vendor shall receive written approval of BAWA's Representative prior to the use of any
subcontractors. A copy of all proposed contracts with subcontractors shall be given to BAWA
before execution of such contracts.
10. Termination of Vendor
BAWA, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the General Manager to Vendor of BAWA's
election to do so. Furthermore, BAWA may immediately and without notice terminate this
Agreement if Vendor breaches this Agreement. A breach of this Agreement shall include, but not
be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from Vendor
or its principals,including,but not limited to,any taxes,fees,assessments, liens,or
any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against Vendor;
(d) the dissolution of Vendor;
(e) refusing or failing to prosecute the Work or any separable part with the diligence
that will ensure its completion within the time specified in this Agreement;
(f) failing to complete the Work within the time period specified in this Agreement;
and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Vendor shall discontinue all services
in connection with the performance of the Agreement. Within ten (10) days after receipt of the
notice of termination, Vendor shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to BAWA, Vendor
shall also tender to BAWA's Representative all of Vendor's instruments of service, including all
Agreement for Services,Page 7
drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Vendor under this Agreement,whether complete or not,
in an acceptable form and format together with all unused materials supplied by BAWA. No final
payment will be made until all such instruments of service and materials supplied are so tendered.
If this Agreement is terminated for cause, Vendor shall be liable for any damage to BAWA
resulting therefrom. This liability includes any increased costs incurred by BAWA in completing
Vendor's services. The rights and remedies of BAWA in this section are in addition to any other
rights and remedies provided by law or under this Agreement.
11. Records
Within ten (10) days of BAWA's request and at no cost to BAWA, BAWA will be entitled to
review and receive a copy of all documents that indicate Work on the Project that is subject to this
Agreement.
12. Supervision of Vendor
Vendor is an independent contractor, and BAWA neither reserves nor possesses any right to
control the details of the Work performed by Vendor under the terms of this Agreement.
13. Billing
BAWA shall have thirty (30) days to pay Vendor's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the Work
or services performed and the date(s) of such Work or services. In the event of a disputed or
contested invoice, the parties understand and agree that BAWA may withhold the portion so
contested, but the undisputed portion will be paid. Vendor shall invoice BAWA for Work
performed no more than once a month and may not invoice BAWA for Work not performed.
Invoices shall be received by BAWA no later than sixty (60) calendar days from the date Vendor
and/or its subcontractors perform the services or incur the expense. Failure by Vendor to comply
with this requirement shall result in Vendor's invoice being denied and BAWA being relieved from
any liability for payment of the late invoice.
14. Indebtedness
If Vendor, at any time during the term of this Agreement, incurs a debt as to BAWA or the City
of Baytown,as defined in section 2-662 of the Code of Ordinances of the City of Baytown(except
that, for the purpose of this paragraph, the word "debt" shall include any sum levied, imposed or
assessed by BAWA or the City, it shall immediately notify the City's Director of Finance in
writing. If the City's Director of Finance becomes aware that Vendor has incurred a debt,the City's
Director of Finance shall immediately notify Vendor in writing. If Vendor does not pay the debt
within thirty(30)days of either such notification,the City's Director of Finance may deduct funds
in an amount equal to the debt from any payments owed to Vendor under this Agreement, and
Vendor waives any recourse therefor.
15. Verifications
If Vendor has ten (10) or more full-time employees and Vendor's total compensation under this
Agreement has a value of One Hundred Thousand Dollars ($100,000.00) or more, Vendor makes
the following verifications in accordance with Chapters 2271 and 2274 of the Texas Government
Code:
Agreement for Services,Page 8
a. the Vendor does not boycott Israel and will not boycott Israel during the term of
the contract to be entered into with BAWA;
b. the Vendor does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with BAWA; and
C. the Vendor does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
16. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
17. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,postpaid
and registered or certified, and addressed to the party to be notified, with return receipt requested,
or by delivering the same to an officer of such party. Notice deposited in the mail as described
above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement,
from and after the expiration of three(3)days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For BAWA:
BAYTO WN AREA WATER AUTHORITY
Attn: General Manager
P. 0. Box 424
Baytown,Texas 77522-0424
For Vendor:
American Mechanical Services of Houston, LLC
Brian Kisiel
13627 Stafford Road
Stafford,TX 77477
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen (15) days written
notice is given of such new address to the other party.
18. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit
Vendor and BAWA only. No person or entity not a signatory to this Agreement shall be entitled
to rely on Vendor's performance of its services hereunder, and no right to assert a claim against
Vendor by assignment of indemnity rights or otherwise shall accrue to a third party as a result of
this Agreement or the performance of Vendor's services hereunder.
Agreement for Services,Page 9
19. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement,BAWA and Vendor hereby
agree that no claim or dispute between BAWA and Vendor arising out of or relating to this
Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that BAWA is subjected to an arbitration proceeding notwithstanding this provision,
Vendor consents to be joined in the arbitration proceeding if Vendor's presence is required or
requested by BAWA of complete relief to be recorded in the arbitration proceeding.
20. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
21. Complete Agreement
This Agreement represents the entire and integrated Agreement between BAWA and Vendor in
regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, whether written or oral, on the subject matter hereof. This Agreement may only be
amended by written instrument approved and executed by both of the parties. BAWA and Vendor
accept and agree to these terms.
22. No Assignment
Vendor may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the General Manager of such sale or assignment.
BAWA may require any records or financial statements necessary in its opinion to ensure such
sale or assignment will be in the best interest of BAWA.
23. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
24. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
25. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
26. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
Agreement for Services;Page 10
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the_day of ,20_,the date of execution by the General
Manager of BAWA.
CITY OF BAYTOWN
JASON E. REYNOLDS, General Manager
ATTEST:
ANGELA JACKSON,Assistant Secretary
APPROVED AS TO FORM:
SCOTT LEMOND, General Counsel
VENDOR:
Brian Kisiel
tgnature)
?�ta,,,.,
(Printed Name)
&4 . 41vf-
(Title)
Agreement for Sm ices,Page I 1
EXCEPTIONS TO SPECIFICATIONS
If any item, material or equipment submitted as a part of this proposal does not fiilly meet
or exceed the minimum specifications as published, the exception(s) MUST be listed on
this sheet and attached to the bid.
Section Item/Material/Equipment Proposed Reason
Baytown Jail Duct Cleaning
*** Adder $202,671 .00***
Baytown Jail - extended 1 year warrenty (Parts/Labor)
*** $51000.00***
Sterling Library Chillers/AHU-extended 1 year Warrenty(Parts/Labor/Refrigerant)
*** $15'300.00***
BAWA- extended- 1 year warrenty (Parts/Labor/Refrigerant)
***$2'500.00***
*** adder $73,955.00 RTU-#5 BAWA M#HCUB-1044-HMXN 00000-1000S***
Exclude Fire and Smoke Dection except at local units
If no exceptions are listed, it will be assumed that the proposal meets or exceeds the minimum
specifications and any purchase as a result of this proposal will be contingent on that condition.
Companv AMS of Houton
Agent Brian Jason Kisiel
SCOPE OF WORK
PROJECT OVERVIEW
Ba town Area Water Authority (BAWA)
The City of Baytown is seeking bids for the purchase and replacement of the following
HVAC units:
RTU # 1 McQuay
M# MPS006AYDL000 S#6653F 140705333
Manufacture Date 04-2007
460 V 3phase, Electric heat,R22
RTU#2 McQuay
M#MPS 006AYDL000 S#665 3 F 140705 3 3 3
Manufacture Date 04-2007
460 V 3phase, Electric heat, R22
RTU#McQuay
M#MPS010AYDL000 S#6554F I40705847
Manufacture date 03-2007
460V 3phase, Electric heat, R22
RTU#4 Daiken
M#MPS007BYDM S#F411601973
Manufacture date 10-2016
460V 3phase Electric heat,41OA
RTU #5
M# HCUB-10044-HI\4XN-00000-I OOOS S#Bo8CHCUB 17501
Manufacture date 3-18-08
460V 3 phase,4ton, R22
The City has determined that the equipment must be replaced due to age and repeated
failures. The new units will entail integration into current Building Automation System
(BAS).
The City does not require the same brand names as the current units. The City does require
all units to be the same size and functionality of the existing units. The brands, model
numbers, serial numbers and manufacture date are for your reference so that you may
determine what we currently have.
The installation would be at the Baytown Area Water Authority building, 7425
Thompson Rd Baytown Texas. The HVAC equipment feeds very vital area with
equipment that must be kept to 75 degrees or below at all times, with hours of daily
operation as follows:
Monday—Friday: 8:00 AM--5:00 PM
The City will allow replacement of the HVAC units during working hours. Additional and
Saturday hours will be allowed if approved in.,,advance by the Facility Maintenance
Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• Provide and install new HVAC units
• Provide reclaim service, disconnection,removal and disposal of the existing
HVAC equipment
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the existing units and placement of the
new units. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• Inspection of existing ducting. If ducting is up to standards existing ducting shall
be professionally cleaned.
• Provide start-up, commissioning, and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Baytown
• Provide all required permits with the City. Permits will be at no charge,but must
be obtained
• All labor and tools required to complete the removal and installation of units
• All required personal protection equipment
• Required licensure to complete the removal and installation (HVAC Class A)
• All other labor and materials required for the performance of these specifications.
This is a lump sum project and will be bid as such.
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Scope of Work
PROJECT OVERVIEW
Baytown Jail
The City of Baytown is seeking bids for the replacement of:
RTU# 1
M#J03DJN08N2ATA2C, S#NOD9698238
3-ton 230 V 3phase, Gas heat,
RTU#2
M#J07DHN10AZTA6B S#NOD9702304
7 %2 Ton, 230 V 3phase, Gas Heat
RTU#3
M#J07DHN I OAZTA6B S#NOD9702302
7 Y2 Ton, 230 V 3phase, Gas Heat
RTU#4
M#J07DHN10AZTA6B S#NOD9702303
7 %2 Ton, 230 V 3phase, Gas Heat
RTU#5
M#J04DJN06NZATAZC S#NOD9698758
4 Ton, 230V 3 phase,60Hz Gas Heat
RTU#6
M#J I ODHN 15NZATA3 D S#NOD9701048
10 Ton, 230V 3 phase, 60Hz, Gas Heat
RTU#7
M#J04DJN06NZATAZC S#NOD9698759
4 Ton, 230V 3 phase, 60Hz Gas Heat
RTU #8
M#J I ODHN 15NZATA3 D S#NOD9701048
IO Ton, 230V 3 phase, 60Hz, Gas Heat
RTU#9
M#J05DJN08NZATA3D S#NOD9698775
5 Ton,230V, 3 phase, 60Hz, Gas Heat
The City of Baytown determined that the equipment must be replaced due to age and
repeated failures. The new units will entail integration into current Building Automation
System(BAS).
The equipment to be replaced has expanded its life expectancy which has become an
issue with many control and operational failures.
The installation would be at the Baytown Jail Facility 3100 North Main St. Baytown TX.
The HVAC equipment feeds areas that will be housed 24 hours a day. With hours of daily
operation as follows:
Monday—Friday: 7:30AM—4:00 PM
The City will allow replacement of the HVAC units during working hours. Additional and
Saturday hours will be allowed if approved in advance by the Facility Maintenance
Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• Provide reclaim service, disconnection, removal and disposal of the existing
HVAC equipment
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the old unit and placement of the new
unit. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• Provide a professional cleaning of the entire duct system.
• Provide start-up, commissioning, and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Baytown
• Provide all required permits with the City. Permits will be at no charge, but must
be obtained
• All curb adaptors if needed.
• All labor and tools required to complete the removal and installation
• All required personal protection equipment
• Required licensure to complete the removal and installation
• All other labor and materials required for the removal of the existing unit and
placement of the new unit. This is a lump sum project and will be bid as such.
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Scope of Work
PROJECT OVERVIEW
Sterling Municipal Library
The City of Baytown is seeking bids for the replacement of:
2 York Chillers air cooled
M# YLAA0090SE46XAA
MFD 02-2009
460V, 3 Phase-60Hz
AHU I McQuay
M# LSLI 17CH, S#3ZM00022-04
460 V 3phase, 60Hz
AHU 6A McQuay
M# LSL 1280H, S#3ZM00023-04
460 V 3phase, 60 Hz
AHU 6B Environmental Technologies
M#-HH2OB-C6B 1-H I BL-02518-FMA26-FT2,
460V 3phase, 60Hz
Maintenance instructions 111994AHU
AHU 6C Environmental Technologies
M# -HH20B-C6BR-H I BR-01817-EKA26-FT2,
460V 3phase, 60Hz
Maintenance instructions 111994AHU
AHU 4 Carrier
Job#641252755
460V 3 phase, 60Hz
Split system furnace
Goodman
M#GMP125-5, S#9303092773
MFD 03/27/1993
125,000 BTU Gas furnace
The City of Baytown determined that the equipment must be replaced due to age and
repeated failures. The new unit will entail integration into current Building Automation
System (BAS).
The equipment to be replaced has expanded its life expectancy which has become an
issue with many control and operational failures.
The City of Baytown is looking to replace the existing chillers with heat recovery chillers
to provide heat for the space. Currently there is a Triton 1100 boiler providing heat.
The installation would be at the Sterling Library I Mary Wilbanks Ave. Baytown Tx. The
HVAC equipment feeds very vital area that is open to the public. Work will need to be
done in phases as Sterling Library will be open for their regular business hours
throughout the project.
Monday—Thursday: 9:00 AM—8:00 PM
Friday: 9:00am—5:00pm
Saturday: 10:00am—5:00pm
Sunday: 1:00pm- 5:00pm
After hours installation will be allowed but only if approved in advance by the Facility
Maintenance Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• Provide heat recovery chillers
• Provide reclaim service, disconnection,removal and disposal of the existing
HVAC equipment and Triton boiler
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the old unit and placement of the new
unit. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• Inspection of existing ducting. If ducting is up to standards existing ducting shall
be professionally cleaned.
• Provide start-up, commissioning, and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Baytown
• Provide all required permits with the City. Permits will be at no charge,but must
be obtained
• All labor and tools required to complete the removal and installation
• All required personal protection equipment
• Required licensure to complete the removal and installation
• All other labor and materials required for the removal of the existing unit and
placement of the new unit. This is a lump sum project and will be bid as such.
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EXHIBIT B
CITY OF BAYTOWN
BAYTOWN FINANCE DEPARTMENT 2401 Market Street•P.O.Box 424
PURCHASING DIVISION Baytown,Texas 77522-0424
(281)a20-6524•(281)781-2477 Fax
GENERAL INFORMATION
Bid IFB 23-0738
Purchase and Replacement of HVAC units at Baytown Area Water Authority,Baytown
Jail and Sterling Municipal Library
Bids are due by
Monday July 31,2023 at 2:00 pm CST
NO LATE BIDS WILL BE ACCEPTED
■ t ■■■■t■■■■......■■■■■■■■■■■.........................
■
For additional information concerning this bid,please contact:
Carla Hommel,CTCD, CTCM,CPPB
Contract Coordinator
carta.hommel@baytown.org
281-420-6524
Bidder must submit their bid utilizing QuestCDN online bidding site. Documents for
obtaining a valid bidder ID Code and directions for placing your bid can be found at
www.baZown.org. Under Public Information,select Bids& Vendor Information.
It is the policy of the City to involve small businesses and qualified minority/women
owned businesses to the greatest extent possible in the procurement of goods,equipment,
services and construction projects.
Bids must be received by July 31,2023, utilizing QuestCDN. No bid will be accepted
after that date and time.
Bids will be publically opened and read aloud at the City of Baytown City Hall located at
2401 Market Street, Baytown, TX 77520 by Zoom meetings.
Bids are to be submitted in accordance with the included specifications and the General
Conditions included. Each bidder is required to attach all requested documents and bid
requested items;failure to do so may be used as a basis for rejection of a bid. The City
reserves the right to reject any or all bids, to waive formalities, or to proceed otherwise
when in the best interest of the City.
The successful bidder will be required to execute a written contract.
Payment and Performance Bonds equal to 100%of the price bid will be required.
Question and Answer Period: The deadline for submitting questions is July 20,2023 at 4
pm CST. All questions must be submitted in email format to purchasing@baytown.org.
The Purchasing Division will issue a response by addendum to answer all questions by
July 24,2023 at 4 pm CST.
ESTIMATED TIMELINE
(timeline may be subject to changes)
Bid Published 7/6 and 7/13/2023
Pre-Bid Meeting and site visits 7/18/2023 at 9:00 am CST
not mandatory, but highly encouraged
Pre-Bid is at 2401 Market Street,Baytown,TX 77520, Hullum Conference Room
Site Visits to follow
Questions due 7/20/2023 by 4 pm CST
Questions Answered 7/24/2023 by 4 pm CST
Bid Opening 7/3I/2023 at 2:00 pm CST
Join Zoom Meeting
https://us06web.zoom.us/i/81242994810
Meeting ID:812 4299 4810
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Evaluation of Bids August 2023
Council Approval August/September 2023
Notice to Proceed August/September 2023
GENERAL CONDITIONS OF BIDDING
1. These instructions apply to all bids and become part of the terms and conditions of any
bid submitted and any agreement entered into subsequent thereto, unless exception is
taken in writing by bidder when submitting bid.
BIDDING
2. Bidders must submit their bid utilizing the QuestCDN online bidding website only.
Documents for obtaining a valid bidder ID Code and directions for placing your bid can
be found at www.baytown.org. Under the City Hall tab,select Purchasing. No paper,
facsimile, email or other type of bid will be accepted for this project.
3. Price(s)quoted must be held firm for a minimum of one hundred and twenty(120)
days from the date of bid closing. In the case of estimated requirement contract bid,the
prices must remain firm for the period as specified in the bid. '`Discount from List"bids
are not acceptable unless specifically requested in the bid.
4. Quantities: In the case of estimated requirements contract bid,quantities appearing
are estimated as realistically as possible. However,the City reserves the right to increase,
decrease or delete any item or items of material to be furnished while continuing to pay
the price quoted on this bid regardless of quantity. The successful bidder shall have no
claim against the City for anticipated profits for the quantities called for,diminished or
deleted.
5. Quantity Error: Bids must be submitted on units of quantity specified, extended and
show total. In the event of discrepancies in extension,the unit prices shall govern.
b. F.Q.B./Damage: Quotations shall be bid F.O.B.destination,delivered to the
designated Municipal Facility,Baytown,Texas and shall include all delivery and
packaging costs. The City assumes no liability for goods delivered in damaged or
unacceptable condition. The successful bidder shall handle all claims with carriers,and
in the case of damaged goods.shall ship replacement goods immediately upon
notification by the City. Bids subject to unlimited price increases will not be considered.
The City reserves the right to solicit bids for larger projects.
7. Delivery promise-penalties: Bids must show the number of calendar days required to
place material in the possession of the City. Do not quote shipping dates. When delivery
delay can be foreseen, the bidder shall give prior written notice to the City,who shall
have the right, in its sole discretion,to extend the delivery date if reasons for the delay
appear acceptable. Default in promised delivery, without acceptable reasons,or failure to
meet specifications;authorizes the City to purchase the goods elsewhere.and to charge
any increase in cost and handling to the defaulting bidder.
8. with this response,the bidder shall provide all requested documentation. Failure to
provide this information may result in rejection of bid. Bidder must show title and
authority to bind their company in a contract.
9. Bids cannot be altered or amended after submission deadline. The signer of the bid,
guaranteeing authenticity, must initial any interlineations alteration.or erasure made
before opening time. No bid may be withdrawn after opening without first submitting a
written reason to the Purchasing Department and obtaining approval.
10. Bid presentation: No written,oral,telegraphic, e-mailed,or facsimile bids will be
considered at this time. Bidder must submit their bid utilizing QuestCDN online bidding.
11. All correspondence in regards to this bid must contain the bid number.
12. Addenda: All interpretations, corrections or changes to this Invitation to Bid and
specifications will be made by addenda. Sole issuing authority of addenda shall be
vested in the City of Baytown Purchasing Division. All addenda will be attached in the
QuestCDN online bidding site. All plan holders will receive an email from QuestCDN
that the bidder has a message. IF YOU HAVE ALREADY SUBMITTED YOUR BID,
QUESTCDN WILL AUTOMATICALLY UN-SUBMIT YOUR BID. IT IS THE
RESPONSIBILITY OF THE BIDDER TO RE-SUBMIT THEIR BID. It is the
responsibility of the bidder to include addenda changes to their bid. The City reserves the
right to revise or amend the specifications prior to the date set for bid opening. If a
bidder demonstrates just reason for a change,the City must have at least five(5)working
days' notice prior to bid opening.
13. Late bids: The QuestCDN online bidding site does not allow bids to be uploaded
after the closing date and time of the bid.
14. Bid Opening: All submitted bids will be read aloud at the City's scheduled bid
opening date and time for that project. However,the reading of a bid at bid opening
should not be construed as a comment on the responsiveness of such bid or as any
indication that the City accepts such bid as responsive.
The City will decide as to the responsiveness of bids submitted based upon compliance
with all applicable laws, City of Baytown Purchasing guidelines,and bid documents,
including but not limited to the bid specifications and/or contract documents. The City
will notify the successful bidder upon approval of award of the contract and according to
state law;all bids received will be available for inspection at that time, unless otherwise
provided by law. All requests made will be in the form of a Public Information Request.
submitted to the City of Baytown, City Clerk's Office.
15. Bid Tabulation: Bid Tabulations will be available on the city website within 24
hours of a bid opening at www.ba. own.0r9.
16. Bid award: The City will conduct a comprehensive,fair,and impartial evaluation of
all bids received in response to this Invitation to Bid. Each bid shall be analyzed to
determine the overall best value to the City in compliance with Texas Local Government
Code, Section § 252.043. In order to determine acceptable successful bidders offering
the best value for the City,the following criteria will be considered:
Pricina.....................................................................40%
Past Experience with similar size projects...o.-o.o..o.....o-o o......20%
Availability of required equipment.......o.......................0....20%
Project Plan.......................................0.......................20%
Pricing: The overall cost to the City for the total project
Past Experience with similar size projects: In your references,projects of similar size
and nature. References will be checked.
Availability of required equipment: within your Project Plan, please include the type,
brand and availability of the units you are bidding.
Project Plan: Please include a new PDF document that outlines how your company
intends to move forward with this project if you are the awarded recipient. The Project
Plan shall include the following: a brief history of your company, similar size projects
that have been completed, information on the brand of HVAC units you are bidding,what
the estimated time is for receipt of those units, your estimated time-line for the
completion of this project,and any other information you deem necessary. Please note:
as we have the option to award each location to a separate vendor,have Project Plan
information separated for each location.
The City reserves the right to award a separate contract to separate bidders for each
item/group or to award one contract for the entire bid. The contract will be awarded to
the bidders)who provide(s) the goods or services specified herein at the best value for
the City in compliance with Texas local Government Code, Section § 252,043 based
upon the above referenced criteria.
17. Change orders: No oral statement of any person shall modify or otherwise change,
or affect terms,conditions or specifications stated in the resulting contract. All change
orders to the contract will be made in writing by the City.
PERFORMANCE
18. This is to describe the minimum standards for responsible bidders. A prospective
bidder must demonstrate bidder's responsibility. A prospective bidder must meet the
following requirement:
a) Have adequate financial resources or the ability to obtain such resources
b) Be able to comply with the proposed delivery schedule
c) Have a satisfactory record of performance
d) Have a satisfactory record of integrity and ethics
e) Be qualified and eligible, as determined by the City, to receive an award
The City may request representation and other information sufficient to determine
bidder's ability to meet these minimum standards listed above.
19. The successful bidder shall not sell,assign,transfer or convey this contract in whole
or in part; without the prior written consent of the City.
20. Any catalog; brand name,or manufacturer's reference used is considered to be
descriptive, not restrictive; and is indicative of the type and quality the City desires to
purchase. Bids on brands of like nature and quality may be considered unless specifically
excluded. If bidding on other than reference,bid must certify article offered is equivalent
to specifications and is subject to approval by the using department and the Purchasing
Division. Samples; if required, shall be furnished free of expense to the City. Samples
are not to be sent unless requested.
If a brochure or information included with your bid does not exactly describe the item to
be furnished,then notes in the form Exceptions to Specifications must explain the
difference. Comments on this form signify that your bid takes exception to the stated
specifications. Exceptions taken may be just cause to disqualify your bid.
21. Unless otherwise indicated, items will be new,unused,and in first class condition in
containers suitable for damage-free shipment and storage. NO substitutions or
cancellations shall be permitted without written approval of the City. All bidders must
meet or exceed the minimum specifications to be considered as a valid bid.
22. Delivery: Deliveries will be acceptable during normal working hours at the
designated City Municipal Facility. The place of delivery shall be set forth upon order.
The terms of this agreement are"no arrival, no sale".
23. Title and Risk of Loss: The title and risk of loss of goods shall not pass to the City
until the City actually receives and takes possession of the goods at the point(s)of
delivery.
24. The bidder agrees to indemnify and hold harmless from any claim involving patent
right infringement or copyrights on goods supplied.
PURCHASE ORDERS AND PAYMENT
25. A purchase order shall be generated by the City Purchasing Division to the
successive bidder. The purchase order shall be provided to the successful bidder either
by the Purchasing Department or the department requesting the goods/services. The
purchase order number must appear on all itemized invoices and packing slips. The City
will not be held responsible for any work orders/orders placed and/or performed without
a valid current purchase order number_ Payment will be made for all services rendered
and accepted for which a valid invoice has been received.
26. Bid security/bond requirements: If required, bid security shall be submitted with
bids. Any bid submitted that requires a bid bond shall be considered non-responsive and
not considered for award if not included. Not all bids will require a bid bond,payment
bond or performance bond. when viewing the bid documents on QuestCDN.you will be
notified of any requirements for bonds prior to placing a bid.
27. Non-Funding Clause: The City is a municipal corporation operated and funded on an
October I st to September 30th fiscal year. The City reserves the right to terminate,
without liability to the City, any contract for which funding is not available.
28. Taxes: The City is exempt from Federal Manufacturer's Excise and State sales tax.
Tax must not be included in bid pricing. Tax exemption certificates will be executed by
the City and furnished upon request by the Purchasing Department.
39. Payment Terms: Payment terms are Net 30 unless otherwise specified by the City in
this document. Prompt payment discounts may be used by the City in determining the
lowest responsible bidder.
30. Invoices: Invoices must be submitted by the successful bidder to:
City of Baytown
Facility Maintenance
PO Box 424
Baytown,TX 77522
CONTRACT
31. Contract Period/Renewal Options: In the case of an as-needed contract bid,the
contract shall be for a predetermined period as specified in the Invitation for Bids.
If a clause for option to renew for additional period(s) is (are) included; renewal(s)
will be based solely upon the written agreement between both the City and the
contractor. Either party dissenting will terminate the contract in accordance with its
initial specified term. Such renewal shall be for the same compensation set forth in
the Invitation to Bid and prices may be adjusted to reflect the Consumer Price Index
(Urban) sixty-four(64) days prior to the effective date of the renewed contract. The
Consumer Price Index for all Urban Areas (CPIU) is an economic indicator most
widely used to measure inflation for prices of goods and services purchased for
consumption by urban households. The CPIU is the percentage of change from the
current month to the same month 12 months previously.
3?. Cooperative Purchasing: As permitted Linder the Texas Local Government Code,
Chapter 791025.other government entities may wish to also participate under the same
terms and conditions contained in this contract(Interlocal Agreement). Each entity
wishing to Interlocal must have prior authorization from the City and vendor. If such
participation is authorized,all purchase orders will be issued directly from and shipped
directly to the entity requesting the supplies/services. The City shall not be held
responsible for any orders placed,deliveries made or payment for supplies/services
ordered by these entities. Each entity reserves the right to determine their participation in
this contract.
33.
THE RESPONDENT AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO
AS THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT,
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
PERFORMED BY THE RESPONDENT CAUSED, IN WHOLE OR
IN PART, BY THE CONCURRENT NEGLIGENCE OF THE CITY
AND THE RESPONDENT AND/OR CAUSED BY THE SOLE OR
JOINT NEGLIGENCE OF THE RESPONDENT. IT IS THE
EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE
RESPONDENT AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE
RESPONDENT TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF THE CITY'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE WITH THAT OF THE RESPONDENT OF
THE INJURY, DEATH OR DAMAGE AND FROM THE
CONSEQUENCES OF THE RESPONDENT'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE SOLE OR
CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE.
SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO
LIABILITY ARISING FROM THE INJURY, DEATH, OR
DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS
FROM (I) THE SOLE NEGLIGENCE OF THE CITY OR (II) THE
CONCURRENT NEGLIGENCE OF THE CITY IF THE
RESPONDENT IS NOT JOINTLY NEGLIGENT. IN THE EVENT
THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST
THE CITY FROM WHICH THE CITY IS INDEMNIFIED, THE
RESPONDENT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY.
34. Termination for default: The City reserves the right to enforce the performance of
this contract in any manner prescribed by law or deemed to be in the best interest of the
City in the event of breach or default of this contract. The City reserves the right to
terminate this contract with cause within ten(10)days in the event the successful bidder
fails to(1) meet delivery schedules or(2)otherwise fail to perform in accordance with
these specifications. Breach of contract or default authorizes the City to;among other
things,award to another bidder,purchase elsewhere and charge the full increase in cost
and handling to the defaulting successful bidder.
35. Acceptability: All articles described in the bid shall be subject to inspection by a
City officer or employee designated for that purpose. If found inferior to the quality
called for,or not equal in value to the specifications,deficient in workmanship or
otherwise,this fact shall be certified by the Purchasing Department or assigned designee
who shall have the right to reject the whole or any part of the same. Work deemed to be
contrary to specifications must be replaced by the bidder and at its expense. All disputes
concerning quality of supplies used in the performance of this bid will be determined by
the Purchasing Department.
36. Remedies: The successful bidder and the City agree that each party has all rights,
duties,and remedies available as stated in the Uniform Commercial Code and any other
available remedy,whether in law or equity.
37. Venue: Bidder shall comply with all Federal and State laws and City Ordinances and
Codes applicable to the Bidder's operation under this contract.These Specifications and the
contract resulting here from shall be fully governed by the laws of the State of Texas,and
shall be fully performable in Harris County,Texas,where venue for any proceeding arising
hereunder will lie.
38. Silence of Specifications: The apparent silence of these specifications as to detail or
to the apparent omission from it of detailed description concerning any point shall be
regarded as meaning that only the best commercial practices are to prevail. All
interpretations of the specifications shall be made on the basis of statement.
39. Force Majeure: If,by reason of Force Majeure; either party hereto shall be rendered
unable to wholly or in part to carry out its obligations under this contract,then such party
shall give notice and full particulars of such Force Majeure in writing to the other party
within a reasonable time after occurrence of the event or cause relied upon, and the
obligation of the party giving such notice, so far as it is affected by such Force Majeure,
shall be suspended during the continuance of the inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God,strikes, lockouts, or
other industrial disturbances, act of public enemy,order of any kind of government of the
United States or the State of Texas or any civil or military authority, insurrections, riots,
epidemics, landslides, lightning,earthquake; fires, hurricanes,storms,floods,washouts,
droughts; arrests, restraint of government and people, civil disturbances,explosions,
breakage or accidents to machinery, pipelines,or canals,or other causes not reasonable
within the control of the party claiming such inability. It is understood and agreed that
the settlement of strikes and lockouts shall be entirely within the discretion of the party
having the difficulty, and that the above requirement that any Force Majeure shall be
remedied with all reasonable dispatch shall not require the settlement of strikes and
lockouts by acceding to the demands of the opposing party or parties when such
settlement is unfavorable in the judgment of the party having the diff culty.
40. Consistent and continued tie bidding could cause rejection of bids by the City and/or
investigation for Anti-Trust violations.
41. If a bid contains proprietary information,the bidder must declare such information as
proprietary if bidder does not want information to become public. Any proprietary
information must be clearly identified in the bid by using the Exceptions to
Specifications.
42. Price Revision Clause: The City desires firm prices for the full contract period. It is
recognized by the City that qualified bidders may face unforeseen price changes from
manufacturers. Unit price changes due to increases or decreases from the manufacturer
will be considered"pass-on"costs. "Pass-on"increases must be verified in writing by
manufacturer and will be considered during the term of the contract. NOTE: The City
must have thirty(30) days written notice prior to any increase in existing prices. Price
revisions must be sent to the Purchasing Department.
Increases: Permissible price revisions in any event shall not exceed the actual cost or
percentage cost revisions from the manufacturer. It will ordinarily be the policy of the
City to accept manufacturer price increases, when the amount of the increase is
reasonable. However,the City reserves the right to obtain a different source or sources to
such item or items which have been increased in price.
Decreases: If a bidder does take advantage of this Price Revision Clause, the City will
expect any decreases in cost from the manufacturer during the term of the contract.
43. Preservation of Contracting information
The requirements of Subchapter J, Chapter 252, Government Code,may apply to this
contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter. For the period of the term,and in accordance with records retention
requirements governed by Chapters 201 and 205 of the Texas Local Government Code
and Texas Administrative Code Title 13, Chapter 7,and any other applicable statute,
ordinance,or policy, Contractor shall preserve all contracting information,as defined by
Section 552.003 of the Texas Government Code, related to this contract. Upon receiving
a written request from the City,Contractor shall promptly provide any contracting
information related to this contract that is in the custody or possession of Contractor.
Upon the expiration or termination of this contract,Contractor shall either a)provide, at
no cost to the City, all contracting information related to this contract that is in the
custody or possession of Contractor or b)preserve the contracting information related to
this contract as provided by the records retention requirements applicable to the City.
44. The following documents will be completed and returned:
• Affidavit of Ownership
• Form CIQ
• Exceptions to Specifications
• Texas Government Code Verification Form
• Bonding Surety Letter from your bonding company
• Proposers Certification
• References
• Project Plan
• Any other required forms
45. INSURANCE REQUIREMENTS:
Contractor shall procure and maintain at its sole cost and expense for the
duration of the Agreement, insurance against claims for injuries to person or
damages to property which may arise from or in connection with the
performance of the work hereunder by Contractor, its agents, representatives,
employees or subcontractors.
a. Contractors insurance coverage shall be primary insurance with respect to
the City, its officials, employees and agents. Any insurance or self-
insurance maintained by the City, its officials,employees or agents shall be
considered in excess of Contractor's insurance and shall not contribute to
it. Further, Contractor shall include all subcontractors, agents and assigns
as additional insureds under its policy or shall furnish separate certificates
and endorsements for each such person or entity. All coverages for
subcontractors and assigns shall be subject to all of the requirements stated
herein.
The following is a list of standard insurance policies along with their
respective minimum coverage amounts required in this Agreement:
1. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products&Completed Operations Aggregate: $1,000,000
■ Personal&Advertising Injury:$1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage:$50,000
■ Coverage shall be broad form CGL.
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review
and acceptance.
2. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for"Any Auto"
3. Workers'Compensation
■ Statutory Limits
■ Employer's Liability: $500,000
■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required
herein.
1. Insurance carrier must have an A.M. Best Rating of A:VII or better.
2. Only insurance carriers licensed and admitted to do business in the
State of Texas will be accepted.
3. Liability policies must be on occurrence form.
4. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled or reduced in coverage or in limits
except after thirty (30) days' prior written notice by certified mail,
return receipt requested,has been given to the City.
5. The City, its officers, agents and employees are to be added as
Additional Insureds to all liability policies.
6. Upon request and without cost to the City, a certified copy of all
insurance policies and/or certificates of insurance shall be furnished to
the City.
7. Upon request and without cost to the City; loss runs (claims listing)of
any and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in
the name of Contractor.
9. The Contractor shall comply with Section 110.110 of Title 28 of the
Texas Administrative Code, which is incorporated herein by this
reference for all intents and purposes. However, it is expressly
understood and agreed that in the event of a conflict between the
provisions of this section and the provision contained in Section
110.110 of Title 28 of the Texas Administrative Code, the more
stringent shall control
TERMS AND CONDITIONS
1. Bidders will supply their bids in electronic format, utilizing QuestCDl` online bidding up until the close of
bidding. No oral,telegraphic,telephonic,e-mailed,paper or facsimile bids will be considered.
At that time the bids will be publicly opened and proposer's names will be read aloud when opening a Request for
Proposal. The City will identify the proposers,but pricing will be kept confidential during contract negotiations.
When bids are opened for an Invitation to Bid,bidder's information and pricing will be read aloud. Upon contract
award,bidding documents shall be available for public inspection under the Open Records Act.
2. Late bids will not be accepted or considered under any circumstances.
3. Bids Ck TNOT be altered or amended after opening time. No bid may be withdrawn after opening without
approvals and based on a wTitten acceptable reason.
4. The City of Baytown reserves the right to revise or amend the specifications prior to date set for opening bids.
Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications.
Copies of such amendments or addendum so issued will be furnished in the QuestCDN online bidding site. If
bidder demonstrates just reason for a change,the City of Baytown must have at least five working days" notice
prior to bid opening date.
s. Should bidder rind discrepancies in or omissions from the specifications or other
documents or be in doubt as to their meaning, bidder should at once notify the
Purchasing Department at 281-420-6524 and obtain clarification prior to
submitting a bid.
6. QUOTE F.O.B. destination. Price should include all costs including shipping;handling,and other related costs.
Bid unit price on quantity specified—extend and show total. In case of errors in extension, UNIT prices shall
govern. Bids subject to unlimited price increases will not be considered. The City of Baytown reserves the right
to go out for bids on larger projects.
7. Bid offered shall be valid for one hundred-twenty(120)days from opening date.
S. The City of Baytovm is exempt from taxes. DO NOT INCLUDE TAX IN BID.
9. The City of Baytown reserves the right to terminate this contract with cause within ten(10)working days or without
cause within thirty(30)calendar days by notifying the contractor in writing prior to the termination of this agreement.
Furthermore, the City may immediately and without notice terminate this Agreement if Bidder breaches this
agreement.
10. Bidder MUST give full firm name and address. Person submitting bid should show TITLE or AUTHORITY TO
BIND HIS FIRM IN A CONTRACT.
11. Any catalog,brand name or manufacturer's reference used in bid invitation is descriptive—NOT restrictive—it is
to indicate type and quality desired. Certain items in this bid must be brand name and are listed as such_ Bids on
brands of like nature and quality will not be considered on items that are labeled as BRAND. If bidding on other
than reference specifications,bidder must show manufacturer, brand or trade name, lot number; etc., of article
offered. If other than brand(s)specified is offered,illustrations and complete description should be made part of
the bid. If bidder takes no exceptions to specifications or reference data; he will be required to furnish brand
names,numbers,etc.,as specified. All items bid shall be new,in first class condition and manufacturer's latest
model and design including containers suitable for shipment and storage, unless othenvise indicated in bid
invitation. Verbal agreements to the contrary will not be recognized.
12. If the brochure or information included with your bid does not exactly describe the item to be furnished; then
notes in the attached form;"EXCEPTIONS TO SPECIFICATIONS,"must explain the difference. Comments
in this form signify that your proposal takes exception to the stated specifications. Exceptions taken may be just
cause to disqualify bid.
13. NO substitutions or cancellations permitted without wTitten approval of the City of Baytown.
14. All bidders must meet or exceed the minimum specifications to be considered as a valid bid. The City of
Baytown reserves the right to accept or reject all or any part of any bid,waive minor technicalities and award the
bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the
City of Bayvtown.
15. DELIVERY: Specifications indicate number of days required to place material in receiving department
designated location under normal conditions. A difference in delivery promise may break a tie bid.
Unrealistically short or Iona delivery promises may cause bid to be disregarded. Consistent failure to meet
delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal
working hours only,8:00 a.m.to 5:00 p.m.unless prior approval for late delivery has been obtained. Deliveries
are to be F.O.B.Destination.
16_ Consistent and continued tie biddin4 could cause rejection of bids by the Cite of Baytown and/or investigation for
Anti-Trust violations.
17. If a bid contains proprietary inLormation, the Bidder must declare such information as proprietary if bidder
does not want information to become public. Any proprietary information mltst be clearly identified in the bid
by using the Exceptions to SFecifications vane.
18. The Contractor/Supplier agrees to protect the City of Bavtovvn from claims involving infringement of patents or
copyrights.
19. Purchase order number should be on original invoice and invoice sent to the City of Baytown; PO Box 424,
Baytown,TX 77522-0424;Attn: Accounts Payable.
20. The City- of Baytown shall pay for the product/service within thirty (30) days of receipt and acceptance.
Acceptance by the City of Baytown shall constitute all items bid being received and in good vvorking order to the
City-of Baytown's satisfaction.
21. Bidder must complete and execute the Affidavit of Ownership or Control included in the bid package and required
by Chapter 2"Administration,"Article V`-Finance;"Division 4"City Contracts:Indebtedness to City"of the
Code of Ordinances,Baytown,Texas. Such affidavit must be included with the Bid at the time the bid is
submitted.
22. For bidders with ten(10)or more full-time employees only if the total value of the contract,including all
renewals and/or amendments,equals or is greater than One-Hundred Thousand Dollars(S100,000.00)the Bidder
does not boycott Israel and will not boycott Israel during the term of any contract let pursuant to this
bid/RFP/RFQ. In making this verification,I understand that"boycott Israel' means 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.The
Bidder does not boycott enerev companies and will not boycott energy companies during the term of any contract
let pursuant to this bid/RFP/R.FQ_In making this verification,I understand that"Boycott energy company"means,
without an ordinary business purpose,refusing to deal with,terminating business activities with,or othenise
taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations with a
company because the company:(a)engages in the exploration,production,utilization,transportation;sale,or
manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond
applicable federal and state law;or(b)does business with a company described by Paragraph(a).The Bidder does
not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade
association and will not discriminate during the term of the contract against a firearm entity or firearm trade
association.In making this verification,I understand that"Discriminate against a firearm entity or firearm trade
association"means;with respect to the entity or association,to:(a)refuse to engage in the trade of any goods or
services with the entity or association based solely on its status as a firearm entity or firearm trade association;(b)
refrain from continuing an existing business relationship with the entity or association based solely on its status as
a firearm entity or firearm trade association;or(c)terminate an existing business relationship with the entity or
association based solely on its status as a firearm entity or firearm trade association;but does not include:(a)the
established policies of a merchant,retail seller,or platform that restrict or prohibit the listing or selling of
ammunition,firearms,or firearm accessories:and(b)a company's refusal to engage in the trade of any goods or
services,decision to refrain from continuing an existing business relationship,or decision to terminate an existing
business relationship; 1)to comply with federal,state;or local law,policy,or regulations or a directive by a
regulatory agency;or(2)for any traditional business reason that is specific to the customer or potential customer
and not based solely on an entitv's or association's status as a firearm entity or firearm trade association
23. The successful bidder may not assign,sell or other-wise transfer this contract without prior%mitten consent of the
City Council of the City of Baytovrn.
SCOPE OF WORK
PROJECT OVERVIEW
Baytown Area Water Authority(BAWD
The City of Baytown is seeking bids for the purchase and replacement of the following
HVAC units:
RTU# 1 McQuay
M#MPS006AYDL000 S#6653F 140705333
Manufacture Date 04-2007
460 V 3phase, Electric heat, R22
RTU#2 McQuay
M#MPS006AYDLOOO S#6653F 140705333
Manufacture Date 04-2007
460 V 3phase, Electric heat; R22
RTU#McQuay
M# MPSO1 OAYDL000 S#6554F 140705847
Manufacture date 03-2007
460V 3phase,Electric heat,R22
RTU#4 Daiken
M#MPS007BYDM S# F411601973
Manufacture date 10-2016
460V 3phase Electric heat,410A
RTU#5
M# HCUB-10044-HMXN-00000-I OOOS S# Bo8CHCUB 17501
Manufacture date 3-18-08
460V 3 phase,4ton, R22
The City .has determined that the equipment must be replaced due to age and repeated
failures. The new units will entail integration into current Building Automation System
(BAS).
The City does not require the same brand names as the current units. The City does
require all units to be the same size and functionality of the existing units. The brands,
model numbers, serial numbers and manufacture date are for your reference so that you
may determine what we currently have.
The installation would be at the Baytown Area Water Authority buildincr. 7425
Thompson Rd Baytown Texas.The HVAC equipment feeds very vital area with
equipment that must be kept to 75 degrees or below at all times, with hours of daily
operation as follows:
Monday— Friday: 8:00 AM—5:00 PM
The City will allow replacement of the HVAC units during working hours. Additional
and Saturday hours will be allowed if approved in advance by the Facility Maintenance
Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• No Controls Provided per Automated Logic
• Provide and install new HVAC units
• Provide reclaim service, disconnection,removal and disposal of the existing
HVAC equipment
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the existing units and placement of the
new units. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• Inspection of existing ducting. I#=dEt -is-�Irto- t #ads�xi�ti -�a+si�g ska�l
be pr�essiaxall $lead Unit hook ups only
• Provide start-up,commissioning,and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Baytown One-year from factory startup
• Provide all required permits with the City. Permits will be at no charge, but must
be obtained
• All labor and tools required to complete the removal and installation of units
• All required personal protection equipment
• Required licensure to complete the removal and installation(HVAC Class A)
• All other labor and materials required for the performance of these specifications.
This is a lump sum project and will be bid as such.
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Scope of Work
PROJECT OVERVIEW
Baytown Jail
The City of Baytown is seeking bids for the replacement of:
RTU# 1
M#J03DJN08N2ATA2C, S#NOD9698238
3-ton 230 V 3phase, Gas heat,
RTU#2
M#J07DHN 1 0AZTA6B S#NOD9702304
7 %2 Ton, 230 V 3phase, Gas Heat
RTU#3
M#J07DHN 1 OAZTA6B S#NOD9702302
7 %Ton,230 V 3phase, Gas Heat
RTU#4
M#J07DHN I OAZTA6B S#NOD9702303
7 %2 Ton,230 V 3phase, Gas Heat
RTU#5
M#J04DJN06NZATAZC S#NOD9698758
4 Ton,230V 3 phase, 60Hz Gas Heat
RTU#6
M#J 1 ODHN 15NZATA3 D S#NOD9701048
10 Ton,230V 3 phase; 60Hz, Gas Heat
RTU#7
M#J04DJN06NZATAZC S#NOD9698759
4 Ton, 230V 3 phase, 60Hz Gas Heat
RTU#8
M#J 1 ODHN 15NZATA3 D S#NOD9701048
10 Ton,230V 3 phase, 60Hz,Gas Heat
RTU#9
M#J05DJN08NZATA3D S#NOD9698775
5 Ton, 230V, 3phase, 60Hz.Gas Heat
The City of Baytown determined that the equipment must be replaced due to age and
repeated failures. The new units will entail integration into current Building Automation
System (BAS).
The equipment to be replaced has expanded its life expectancy which has become an
issue with many control and operational failures.
The installation would be at the Baytown Jail Facility 3100 North Main St.Baytown TX.
The HVAC equipment feeds areas that will be housed 24 hours a day. With hours of daily
operation as follows:
Monday—Friday: 7:30AM—4:00 PM
The City will allow replacement of the HVAC units during working hours. Additional
and Saturday hours will be allowed if approved in advance by the Facility Maintenance
Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• Provide reclaim service,disconnection,removal and disposal of the existing
HVAC equipment
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the old unit and placement of the new
unit. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• grei+ide$ppec�s}oral-a}eanirr�-of=pl�e ettPe-duet-yse�n-Budget number provided in Exception
• Provide start-up,commissioning,and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Baytown One year from factory startup
• Provide all required permits with the City. Permits will be at no charge, but must
be obtained
• All curb adaptors if needed.
• All labor and tools required to complete the removal and installation
• All required personal protection equipment
• Required licensure to complete the removal and installation
• All other labor and materials required for the removal of the existing unit and
placement of the new unit.This is a lump sum project and will be bid as such.
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Scope of'Work
PROJECT OVERVIEW
Sterling Municiyal Library
The City of Baytown is seeking bids for the replacement of:
2 York Chillers air cooled
M#YLAA0090SE46XAA
MFD 02-2009
460V, 3 Phase-60Hz
AHU 1 McQuay
M#LS L 117CH, S# 3ZM00022-04
460 V 3phase, 60Hz
AHU 6A McQuay
M# LSL1280H, S#3ZM00023-04
460 V 3phase; 60 Hz
AHU 6B Environmental Technologies
M#-HH2OB-C6B 1-H I BL-02518-FMA26-FT2.
460V 3phase, 60Hz
Maintenance instructions t 11.994AHU
AHU 6C Environmental Technologies
M# -HH20B-C6BR-H 1 BR-01817-EKA26-FT2,
460V 3phase,60Hz
Maintenance instructions t t 1994AHU
AHU 4 Carrier
Job#641252755
460V 3 phase, 60Hz
Split system furnace
Goodman
M#GMP125-5, S# 9303092773
MFD 03/27/t 993
125,000 BTU Gas furnace
The City of Baytown determined that the equipment must be replaced due to age and
repeated failures. The new unit will entail integration into current Building Automation
System (BAS).
The equipment to be replaced has expanded its life expectancy which has become an
issue with many control and operational failures.
The City of Baytown is looking to replace the existing chillers with heat recovery chillers
to provide heat for the space. Currently there is a Triton 1100 boiler providing heat.
The installation would be at the Sterling Library 1 Mary Wilbanks Ave. Baytown Tx.The
HVAC equipment feeds very vital area that is open to the public. Work will need to be
done in phases as Sterling Library will be open for their regular business hours
throughout the project.
Monday--Thursday: 9:00 AM—8:00 PM
Friday: 9:00am—5:00pm
Saturday: i 0:00am—5:00pm
Sunday: 1:00pm- 5:00pm
After hours installation will be allowed but only iLapproved in advance by the Facility
Maintenance Department.
The awarded contractor shall provide the following services and equipment for the
replacement of the chiller:
• Provide heat recovery chillers
• Provide reclaim service,disconnection,removal and disposal of the existing
HVAC equipment and Triton boiler
• Provide coated condenser coils for coastal area weather protection
• Provide crane service for the removal of the old unit and placement of the new
unit. This will include all rigging apparatuses.
• Provide the reconnect of electrical power to all HVAC equipment
• Inspection of existing ducting. If ducting is up to standards existing ducting shall
be professionally cleaned.
• Provide start-up, commissioning, and registration of the new units
• Provide a minimum one-year warranty on the installation of the unit. The
manufacturer's warranty for the new unit will transfer to the City at completion
and acceptance by the City of Bayrtown
• Provide all required permits with the City. Permits will be at no charge; but must
be obtained
• All labor and tools required to complete the removal and installation
• All required personal protection equipment
• Required licensure to complete the removal and installation
• All other labor and materials required for the removal of the existing unit and
placement of the new unit. This is a lump sum project and will be bid as such.
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General Contractor Name._REFERENCE Not I
Pro ect Name: PLIEF WD MULTI CAMPUS completion Date: °
Contract Amount; a,aoo 000.00 Square Footage:
OWNE R AI'E:
Contact Name: LWE�a�1
ContactISOJEF DLUSf,EP�& ,�,�
Phone Number: AUEF 1,1)12136 HIOHSTAR DRIVE HOUSTON Tx Phone Number.
Fax Number: Fax Number:
Em�a�llddress: jEpaELRWLIEFIS0.NET Email Address: pwP.
REFERENCE No.2 �21. 2zFxAs9s
Pro ect Name: GALS,PARK 1SD WOODLAND ACRES Completion Date.
Contras#Amount: Z800,000.00 Square Footage:
AlE;
'
OWNER Contact Name'
Contact Name: apiso sTAroaEwmRING
Phone Number: 9s1.
Phone number: 7ACHFAOE]713213.7296 FaX Number:
AY'Numbiar: Email Address: TYLEWAKO-EN&COM
Email Address: FADE®OALEMAPARKESO.COM
REFERENCE No.3 •on Date: a��
Project Name: DISTRICT WIDE BOILER REPLACE Completion
Contract Amount: 2 o a0o.00 s uare Footage:
OWNER
A!E'
Contact Name: fT1lp�ltlE13t2N0
Contact Name:Few a o 0 - T Phone Number: ns-42949a
Phone Number: oAH GR0A8MAN an 603 6292
Fax Number.
7�s s�a32� Fax Number:
Email Address: DANISUROAst�UN�eRow1 ►�roaaoT.co�1 Ecriail Addtess:-------
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REFERENCE No.4 Completion
pate: 2o1a."2i
Com
Prole,ct tame: 1�lEREsaO FEOERAE-PRISON STEAM 80hER Square Footage:
Contract Amount: $ a.000 o0ooa
AM s�reuc��
OWNE Contact Name: AUffeCo Ili 8PEEN ST.$UffE410FRAMINGHAMIN U3A
001t8Ct Name: slvENcAJ - Phone Number. Ioa�osze
Phone Number: Fax Number:
Fag Number: Email Address wmFwm80cac0m
Email iAd �:es sCAMco.cat1 ...........
REFERENOE No.4 Com letlon Date. �'
Pro eut Name: FAIMNAY PROPERTIES GREEMNAY HOUSTON Tx 710V 5 uaro Foots e:
Contrast Amount:• 20.0�'.°�
• A1E:
ow. R Contact Nama: PuvATE
•KEv>I't SAUL•713-539.34V
Cori t Name. Phone Number:
Phona Number: 1136393437
Fax Number:
Fax Number: Email Address
Email Address KsAASPin•COM
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AM s _44111mv
American Mechanical Services LLC
13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281)403-1701 Fax(281)403-1201
Regulated by the Texas Dept. of Licensing and Regulation P.O.Box 12157 Austin,TX 78711 800.803.9202
TACLA020690E
Regulated by the Texas State Board of Plumbing Examiners P.O.Box 4200 Austin,TX 78765 800.845.6584 MPL-
13418
QUALIFICArTIONS
Company Profile
American Mechanical Services of Houston, LLC (dba AMS of Houston, LLC)
12627 Stafford Rd. Stafford,Texas 77477
Phone 281.403.1701 fax 281.403.1201
AMS of Houston, LLC, owned and operated by D. A. C. Acquisitions, has been providing
HVAC & Plumbing quality service and repair in the Houston area since 1997. David Douglas,
V. P. and General Manager of the Houston office,has excelled in that role since the company's
inception. David founded and operated Enterprise Mechanical in 1984, and ran that company
until merging with the current AMS Ownership team. The primary goal and mission of
American Mechanical Services(AMS) is to provide quality workmanship for a fair price. Our
intent is to honor all of our commitments and to strive for 100%customer satisfaction. AMS is a
privately owned family of companies providing primarily commercial heating,ventilation and air
conditioning/Refrigeration&Plumbing(HVAC/R&Plumbing)service and construction work
in various locations across the country, including the greater Washington, D.C. area, Maryland,
Virginia; Indianapolis, Dallas, Houston,Denver,Colorado Springs, San Diego, and the greater
Los Angeles area. AMS specializes in high-quality HVAC &Plumbing maintenance and service
on mechanical building systems and in complex service, construction and repair projects
involving medical facilities; government facilities, and the renovation and retrofitting of older
and occupied structures,both public and private.AMS collectively has decades of unparalleled
experience to solve any of your HVAC needs.
At AMS,we strive to be a multi-faceted HVAC/R& Plumbing contractor. In the Houston area,
different Owners require much different qualities from their vendors. In the Government sector
for instance, Owner's require a high degree of security,pre-planning, and post project
documentation. In the Medical Industry, Owner's require contractor's to be health and safety
conscious, and also to have a great deal of care and empathy for those patients who,many times,
are with in close proximity to their work area(s). AMS has developed plans to meet all different
working environments. We have the experience of working in many hospitals in the Houston
area, and being part of Pre-Construction Risk Assessment meetings as well as Infection Control
Risk Assessment meetings to identify potential concerns or problematic conditions within the
hospital environment(s). We also have experience in developing coordinated plans with the
hospital personnel to deal with those types of environments. AMS of Houston,LLC has
mandatory monthly safety meetings for all employees to review specific,relevant topics and to
review the company safety plan.
AMS of Houston, LLC asserts that, if awarded, we will meet or exceed all requirements spelled
out in the RFP American Mechanical Services(AMS) is a national organization focused on
serving commercial, industrial and institutional property owners and managers through a
strategic partnership. Our partnering approach to the marketplace assures that we serve
customers by assisting them with the long-term management of the HVAC and Plumbing
systems in their facilities. AMS of Houston, LLC currently employs over�0 associates,
including professional technicians and a team of estimators sensitive to our customers' needs.
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American Mechanical Services LLC
13627 Stafford Road Stafford,Stafford Texas 77477 Tel (281)403-1701 Fax(281)403-1201
Regulated by the Texas Dept.of Licensing and Regulation P.O. Box 12157 Austin,TX 78711 800.803.9202
TACLA020690E
Regulated by the Texas State Board of Plumbing Examiners P.O.Box 4200 Austin,TX 78765 800.845.6584 MPL-
13 118
QUALIFICATIONS OF TEAM
RESUMES OF PROJECT TEAM AND RESPONSIBILITIES
Below is a listing of management team with their resume highlights. More complete resumes
can be provide on request
Damon Johnson/General Manager started with AMS of Houston in February of 2011 as a
Project Manager and Estimator. Prior to working with AMS,he worked for a general contractor
as the Project Manager and Safety Coordinator of a$4 million general construction project at
Johnson Space Center. His experience started as a Test Engineer with General Motors and
progressed to being a Project Engineer for Siemens and General Electric in the power generation
industry. Damon holds a BS in Mechanical Engineering and also a MS in Engineering
Management.
Robert Gonzalez/Construction Manager has over 10 years in Management and b years in the
HVAC and piping industry. Robert is currently one of American Mechanical Services Project
Managers who is in charge of equipment installation projects and welding and piping fabrication
shop employees. He has overseen many piping retrofit jobs in his years with AMS including
work for H. I. S. D.,Ft. Bend I. S. D.,Galena Park I. S. D., The Methodist Hospital,and The
City of Houston.
Leonard worn/Construction Manager has been in his current role with AMS as Construction
Manager since 1999. He has extensive experience with all facets of a construction project. He
got his start in the industry as a sheet metal fabricator,but quickly moved into equipment
installation and finally to project management. Leonard is in charge of all of our duct and sheet
metal fabricators and installers; as well as equipment retrofit and installation jobs for customers
such as Hines Property Management,The University of Texas Health Science Center of
Houston, The Methodist Hospital System, and Crescent Realty(Greenway Plaza).
1) General Manager
a. Damon Johnson
b. Email: djohnson.�c��amsofilsa.com
c. Phone: 281-403-1701
2) Piping Manager
a. Robert Gonzalez
b. Email: Rgonzalez@amsoftisa.com
c. Phone: 281-403-1701
d. Office: Stafford,TX
e. Schedules the pipefitters. Make sure that all jobs are adequately staffed. Has
extensive knowledge of the pipefitting trade.
3) Sheet Metal Manager
a. Leonard Worn
b. Email: l worn c@�r amsofusa.com
c. Phone: 281-403-1701
d. Office: Stafford,TX
e. Schedules the sheet metal installers. Make sure that all jobs are adequately
staffed. Has extensive knowledge of the sheet metal trade.
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American Mechanical Services LLC
13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281)403-1701 Fax(281)403-1201
Regulated by the Texas Dept.of Licensing and Regulation P.O.Box 12157 Austin,TX 78711 800.803.9202
TACLA020690E
Regulated by the Texas State Board of PlUmbing Examiners P.O.Box 4200 Austin,TX 78765 800.845.6584 MPL-
13418
QUALITY CONTROL
QUALITY CONTROL PROGRAM
Quality Control Organization
a. Robert Gonzalez, Project Manager/Project Quality Manager
Authority and Responsibility of Quality Control Personnel
a. Robert Gonzalez—Quality Manager
I. will be directly responsible, as the Contractor's representative,for the initiation,
continuance and satisfactory fulfillment of the Quality Control System as set forth in
the project specifications and the Contractor's Quality Control Plan and will re ort
directl to the contractor's top rnana ement.
2. will work closely with the Project Superintendent to duly execute the project in
accordance with the project plans and specifications and Quality Control Plan.
3. Will review in detail,certify conformance, prepare and transmit submittals required
by the contract.
4. Will submit to the owner inspection reports; tests results and corrective actions taken
as needed or required by the owner.
METHOD OF QUALITY CONTROL
Inspection
The primary control in the Quality Control System will be the inspection process. This plan
includes four(4) inspection phases outlined as follows:
Preparatory Inspection—Performed prior to beginning any work on any definable feature of
work.
Preparatory Inspection includes:
I. Examine plans and specifications to review contract requirements.
2. Ensure that all required submittals have been submitted and approved.
J. Make arrangements to provide required control testing.
4. Inspect work area to confirm that all preliminary work has been completed.
5. Verify that required materials and/or equipment have been delivered to the project site
and that they conform to approved shop drawings and/or submittal data.
6. Notify the owner personnel a minimum of 24 hours in advance of the inspection.
7. Document this inspection in the form of minutes.
8. Send a copy of the minutes to the owner.
Initial Inspection—Performed when a representative segment of the work has been completed.
Initial Inspection includes:
1. Examine the quality of workmanship.
2. Review control testing for compliance with contract requirements.
3. Ensure that no damaged or defective materials have been incorporated into the work.
4. Determine if any omissions have occurred.
5. Determine if work is acceptable,direct removal and schedule re-inspection.
6. Check dimensional requirements.
7. Notify the owner personnel a minimum of 24 hours in advance of this inspection.
8. Document this inspection in the form of minutes.
9. Send a copy of the minutes to the owner.
Follow-up Ins ction—Performed to assure continuing compliance with contract requirements.
Follow-up Inspection includes:
1. Schedule and execute control testing until completion of work element.
2. Determine if work is unacceptable; direct removal and schedule re-inspection.
3. Document this inspection on an owner approved form.
Completion Inspection—Performed when major elements of the work are nearing substantial
completion.
Completion Inspection includes:
l. Develop a"punch list"of items which do not conform to contract requirements.
2. Include estimated dates by which corrective action will be completed.
- Make a second Completion Inspection to determine that deficiencies have been corrected.
Dailv Reports(as needed)
The superintendent/lead worker, at the end of each shift, will complete daily reports which will
include-
1. Factual evidence that required tests and inspections have been performed, including type
and number of tests.
2. Results of inspections and/or tests.
_ Nature of defects.
4. Causes for re j ection.
�. Proposed remedial actions(s).
6. Corrective actions taken.
7. The number of men who worked.
8. The number and types(s) of construction equipment used.
9. The area of the project in which the work took place.
10. The Quality Control System Manager and all Inspectors will have the authorization to
change any procedure in their section.
These daily reports will be given to the Quality Manager,who will in turn review them. The
Quality Manager will personally and regularly inspect each individual operation and make his
own notes. In reviewing the Inspectors' daily reports, he will check to see if his observations are
In agreement or if any comments should be added.
After the Quality Manager is satisfied that the daily reports are in order,the Quality Manager
will transfer all information to one summarized form. After being neatly prepared,the report
will be given a final check by the Quality Manager and if found satisfactory, will sign it. The
completed report will then be archived. The following items will also be used as a source of
information in compiling daily reports:
1. Shop drawings and submittals
2. Mill certificates
3. workmen certifications
4. Manufacturer's product specifications and literature
Method for Documenting Quality Control Operation,Inspection and Testing
All test and test results will be documented on appropriate forms. Check lists will be made up to
supplement all inspections deemed necessary by the Owner and Contractor.
SECURITY
AMS of Houston has in place a strict hiring screening process. AMS reports to all State of Texas
agencies. Before a potential employee is hired,he or she undergoes a criminal background
check, state child support delinquency checks, and multiple interviews from General Manager
David Douglas,and the respective department manager. AMS also requires pre-hire and post-
accident drug tests for all employees. Our goal is to make sure that we hire reliable, healthy,
competent employees. This also ensures that we are protecting our customers as well. AMS of
Houston also carries comprehensive liability insurance with an excessive umbrella policy,
workman's compensation,and full coverage automotive insurance. Our bond surety capacities
are in excess of$10,000.00.
DEALING WITH CONGESTED CAMPUSES/SITE CONDITIONS
1. Approach to Site Logistic and Staging
Based on input from the owner, AMS will develop a logistic and staging plan.
This plan will take into account what space there is available for delivering and
storing equipment and material on site. One very important factor is also how
safe it is to store equipment on site. This relates to both physical safety of people
and to theft of material. As much as possible, equipment and material will be
delivered and stored at our Houston shop. Items will then be brought to the site
on an as needed basis using our delivery personnel and equipment.
2. Phasing and Sequencing of work
The project will be phased and sequenced to allow for successful completion of
the project with the minimal amount of impact to ongoing operations. A
determination of the phasing and sequencing of the project will be made before
the project starts and incorporated into the project schedule. If needed, the
phasing and sequencing of the project can be altered during the course of the
project to accommodate any special circumstances
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American Mechanical Services LLC
13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281)403-1701 Fax(281)403-1201
Regulated by the Texas Dept.of Licensing and Regulation P.O.Box 12157 Austin,TX 78711 800.803.9202
TACLA020690E
Regulated by the Texas State Board of Plumbing Examiners P.O.Box 4200 Austin,TX 78765 800.845.6584 MPL-
13418
WARRANTY AND SERVICE SUPPORT
WARRANTY PHILOSOPHY
AMS believes that all of work should be performed at the highest quality in order to exceed our
clients' expectations. Our philosophy is that when an issue arises that requires extra work due to
our craftsmanship or product we provide during the established warranty period; we will do
everything possible to correct the matter. This includes but is not Iimited to sending out
technicians to correct the issue and/or contacting the vendor to get defective equipment
fixed/replaced.
MEASURE OF QUALITY OF SERVICE
AMS has two main ways to measure if we are providing quality service.
1. Client Feedback
2. On site inspection by supervisors
Our account manager's job is to make sure that the client is satisfied with our work. He is
constantly in conversation with the client to see where we can improve and also on what we are
doing well. This feedback is given to the project manager to correct any issues and to also give
praise when justified.
As a project is progressing, the on site supervisor is double checking the work as it is performed.
Our trade managers have a high standard for workers. When an issue is found, it is corrected at:
that time. AMS prides itself on given a higher quality of work than your average contractor.
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