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Res 22-19 Authorizing an ILA with the City of Plano for Coop. Purchasing and extending the contract with Legacy Contracting DBA Control Specialist Services LP
TOW'N OF W1'111'I. AAKE RESOLUTION NO.22-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF PLANO FOR COOPERATIVE PURCHASING, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND, AUTHORIZING THE EXTENSION OF A CONTRACT WITH LEGACY CONTRACTING, LP DB/A CONTROL SPECIALIST SERVICES, LP AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, The City of Plano and the Town of Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and WHEREAS, the City of Plano and the Town of Westlake wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter, "Interlocal Cooperation Act") to set forth the terms and conditions upon which City of Plano and the Town of Westlake may purchase various goods and services commonly utilized by each party; and WHEREAS, the Town Council finds that the Interlocal Agreement benefits the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the City of Plano Interlocal agreement, attached as Exhibit "A", and authorizes the Town Manager to execute this agreement on behalf of the Town of Westlake. SECTION 3: That the Town Manager is hereby authorized to enter into a contract extension with Legacy Contracting, LP DB/A Control Specialist Services, LP and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. Resolution 22-19 Page 1 of 2 APPROVED AS TO FORM: /�&.w(� L. Stanton Lowry, Town Attorney PASSED AND APPROVED ON THI: 25" DAY Of APRIL 2022. ATTEST: Mary Kayser, Ihi im T n Qcretary • p� TEXAS '0�' y Laura L. Wheat, Mayor manda DeGan, Town ager Resolution 22-19 Page 2 of 2 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance INTERLOCAL AGREEMENT Contractor agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Plano. YES ❑ NO 9V Authorized by the Town of Westlake Town Council on April 25, 2022, via Resolution 22-19. Amanda DeGan Town Manager CONTRACT BY AND BETWEEN CITY OF PLANO, TEXAS AND LEGACY CONTRACTING, LP DBA CONTROL SPECIALIST SERVICES, LP BID NO. 2021-0125-AC THIS CONTRACT is made and entered into by and between the CITY OF PLANO, TEXAS, a home -rule municipal corporation, hereinafter referred to as "City", and the LEGACY CONTRACTING, LP DBA CONTROL SPECIALIST SERVICES, LP, a Texas limited partnership, whose address is 4916 East Highway 380, Decatur, Texas 76234, hereinafter referred to as "Contractor". For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for RFP for Wastewater Pumping Equipment Repair and Maintenance. These services shall be provided in accordance with the Specifications for RFP 2021-0125-AC, Addendum 1, a copy of which is attached hereto and incorporated herein as Exhibit "A", and Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) RFP 2021-0125-AC, Addendum 1, (Exhibit "A"); (b) Contractor's Bid (Exhibit "B"); (c) Insurance Requirements (Exhibit "C") (d) Performance Bond (Exhibit "D"); and (e) Certification Form (Exhibit "E"). These documents make up the Contract Documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract Documents, the inconsistency or conflict shall be resolved by giving precedence first to this written agreement then to the Contract Documents in the order in which they are listed above. These documents shall be referred to collectively as the "Contract Documents." II. TERM OF CONTRACT The initial term of this Contract shall be a period of one (1) year commencing upon the effective date hereof; provided however, that the City shall have the right and option to extend the term hereof by up to four (4) additional one-year periods by giving written notice to Contractor of City's election to extend the term hereof, such notice to be CONTRACT PAGE1 ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) given not more than ninety (90) days prior to the expiration of the initial term or the immediately preceding term. 111. WARRANTY Contractor warrants and covenants to City that all goods and services delivered to City by Contractor, Contractor's subcontractors, and agents under the Contract shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services set forth in this Contract and RFP 2021-0125-AC, Addendum 1, attached hereto and incorporated herein as Exhibit "A". Contractor warrants that the goods and services provided to City under this Contract shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. IV. PAYMENT Contractor shall invoice City for products and services delivered, on a unit cost basis, in accordance with Contractor's bid attached hereto and incorporated herein as Exhibit "B". Payments hereunder shall be made to Contractor within thirty (30) days of receiving Contractor's invoice for the services performed. Total compensation under this Contract is estimated to be FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 30th of each year, shall be subject to Plano City Council approval. In the event that the Plano City Council does not approve the appropriation of funds for this Contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. V. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VII. INDEMNIFICATION and paragraph Vill. COMPLIANCE WITH APPLICABLE LAWS set forth herein. CONTRACT PAGE2 ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) VI. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at Contractor's own cost and expense. VII. INDEMNIFICATION CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY AND ITS RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, INVITEES, SUBCONTRACTORS, OR SUB -SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY, AND ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS. THE CITY DOES NOT WAIVE ANY GOVERNMENTAL IMMUNITY OR OTHER DEFENSES AVAILABLE TO IT UNDER TEXAS OR FEDERAL LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CONTRACTOR AT ITS OWN EXPENSE IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF CONTRACTOR'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS CONTRACT. CONTRACTOR SHALL RETAIN DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS CONTRACT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN THE REQUIRED TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS CONTRACT PAGE Z:\CONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) OWN BEHALF AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY THE CITY. Vill. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and SHALL INDEMNIFY AND SAVE HARMLESS CITY AGAINST ANY CLAIM RELATED TO OR ARISING FROM THE VIOLATION OF ANY SUCH LAWS, ORDINANCES AND REGULATIONS WHETHER BY CONTRACTOR, ITS EMPLOYEES, OFFICERS, AGENTS, SUBCONTRACTORS, OR REPRESENTATIVES. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. IX. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Collin County, Texas, and that exclusive venue shall lie in Collin County, Texas. X. ASSIGNMENT Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned without the prior written consent of City, and that no part or feature of the work will be assigned to anyone objectionable to City. Contractor further agrees that subcontracting any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. Failure to obtain City's written consent prior to assignment of this Contract as set forth herein, may result in termination of this Contract at the City's discretion, without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. XI. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and CONTRACT PAGE4 ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the Contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIII. PERFORMANCE BOND In the event this Contract amount exceeds $100,000, a Performance Bond in the amount of not less than one hundred and fifteen percent (115%) of the Contract amount, conditioned upon the faithful performance of the Contract, is required upon a form provided by City. The bonds are attached hereto and incorporated herein as Exhibit <<D„ XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. NO PROHIBITED INTEREST AND EQUAL RIGHTS COMPLIANCE Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. A. No Prohibited Interest By entering into this Contract, Contractor confirms that it has made a reasonable inquiry and, to the best of Contractor's knowledge, no person or officer of its company is employed by the City of Plano or is an elected or appointed official of the City of Plano within the restrictions of the Plano City Charter. Contractor is aware that Section 11.02 of the City Charter states: "No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, or rights or interest in any land, materials, supplies or service. The above provision CONTRACT PAGE ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one (1) per cent of the corporation stock. Any violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, express or implied, of the persons or corporation contracting with the city shall render the contract voidable by the city manager or the city council." B. Equal Rights Compliance Section 2-11(F) of the City Code of Ordinances reads as follows: "It shall be unlawful for an employer to discriminate against any person on the basis of race, color, sex, religion, age, national origin, genetic information, sexual orientation, gender identity, disability status or United States military/veteran status by the following actions or inactions: (a) for an employer to fail or refuse to hire, or to discharge, any person; (b) for an employer to discriminate against any person with respect to compensation, terms, conditions or privileges, of employment; (c) for an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; (d) for an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; (e) for an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; (f) for a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; (g) for a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; (h) for a labor organization to limit, segregate or classify its members or applicants for membership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; or (i) for a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this subsection; (j) for an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic in the admission to, or employment in, any program established to provide CONTRACT PAGE 6 ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) apprenticeship or other training; (k) for an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; (1) for an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; or (m) for a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic." 2. Contractor is aware that its company, its directors, officers and employees must comply with Section 2-11(F) of the City Code of Ordinances unless an exclusion applies. Further, Contractor understands that if Section 2-11(F) applies, Contractor is entitled to apply to the City Manager for a waiver based on a conflict with state or federal law. The Contract will not be executed prior to the waiver issue being resolved. Having made reasonable inquiry, Contractor affirms that its company, its directors, officers and employees agree to comply with Section 2-11(F); or Contractor's company is excluded from this Ordinance based on an exclusion identified in the City Code of Ordinances. XVI. CERTIFICATION Contractor certifies that it does not and will not boycott Israel during the term of this Contract. Contractor has executed the Certification, attached and incorporated herein as Exhibit "E". XVII. WORK FORCE The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. The Contractor, its employees, subcontractors, and subcontractor's employees may not while in the course and scope of delivering goods or services under a City of Plano contract on the City's property; CONTRACT PAGE? Z1CONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) a. use or possess a firearm, including a handgun that is licensed under state law, except as required by the terms of the contract; who hold a license to carry a handgun or who otherwise lawfully possess a firearm and ammunition may keep such items in their locked personal vehicle while parked on City Property; or b. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and must not employ such worker again on Contract services without the City's prior written consent. XVIII. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XIX. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this Contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received unless otherwise indicated in writing by the City. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. Contractor shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Contract prior to termination. XX. SURVIVAL Provisions of this Contract which by their nature should apply beyond their terms will remain in full force and effect after any termination or expiration of this Contract including, but not limited to, the following provisions: Compliance with Applicable Laws, CONTRACT PAGE ZACONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) Indemnification, Venue/Governing Law, and Survival, and any remedies for the breach thereof. XXI. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XXII. MAILING OF NOTICES Unless instructed otherwise in writing, Contractor agrees that all notices or communications to City permitted or required under this Contract shall be addressed to City at the following address: City of Plano, Texas Public Works Department Attn: Dan Prendergast, P.E. P.O. Box 860358 Plano, TX 75086-0358 City agrees that all notices or communications to Contractor permitted or required under this Contract shall be addressed to Contractor at the following address: Legacy Contracting, LP dba Control Specialist Services, LP Attn: George Brown, President PO Box 1479 Decatur, TX 76234 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is posted by the sending party. XXIII. REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES Each person signing this Contract represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Contract. Each party represents and warrants to the other that the execution and delivery of the Contract and the performance of such party's obligations hereunder have been duly authorized and that the Contract is a valid and legal agreement binding on such party and enforceable in accordance with its terms. XXIV. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. CONTRACT PAGE Z1CONTRACTS\Service Agreements\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (8/20/21 IF) XXV. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXVI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXVII. EFFECTIVE DATE This Contract shall be effective from and after the date of execution by the last signatory hereto as Ovidenced below. IN WITNESS WHEREOF, the parties have executed this Contract by signing below. LEGACY CONTRACTING, LP DBA CONTROL SPECIALIST SERVICES, LP, a Texas limited partnership By: BROWN & WARD, L.L.C. a Texas limited liability company, its General Partner Date: 6 By: Name: 6. .z rey ,--_ Title: CITY OF PLANO, TEXAS Date: _September 10, 2021 By -ark D. Israelson CITY MANAGER APPROVED AS TO FORM: Paige Mims, CITY ATTOR6ty CONTRACT PAGE10 Z:\CONTRACTS1Service Agreements\Legacy Contracting, LP dba Control Specialist Services. LP - 2021-0125- AC\Legacy Contracting, LP dba Control Specialist Services, LP - 2021-0125-AC.docx (81M21 IF) i I i I t { l City of Excellence 2021-0125-AC Addendum 1 RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Issue Date: 5/30/2021 Questions Deadline: 6/18/2021 12:00 PM (CT) Response Deadline: 6/28/2021 01:00 PM (CT) Contact Information Contact: Nancy Corwin Address: 1520 K Avenue Plano, TX 75074 Email: nancyc@plano.gov Page 1 of 6 pages Deadline: 6/28/2021 01:00 PM (CT) 2021-0125-AC Addendum 1 Exhibit A Page 1 of 40 Event Information Number: 2021-0125-AC Addendum 1 Title: RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Type: Request for Proposal Issue Date: 5/30/2021 Question Deadline: 6/18/2021 12:00 PM (CT) Response Deadline: 6/28/2021 01:00 PM (CT) Notes: The City of Plano is soliciting proposals for Water and Wastewater Pumping Equipment Repair and Maintenance for City of Plano Pumping Facilities. Questions must be submitted electronically through IonWave at https://planotx.ionwave.net. No questions will be answered over the phone or through email. The preferred method for proposal submission is electronically through IonWave. If you choose to submit your bid/proposal in person, Purchasing personnel will be available Mondays and Wednesdays between the hours of 10 a.m. and 1 p.m. The person delivering the bid/proposal must call (972) 941-7557 upon arrival during those hours and wait in the lobby for someone to meet them to receive their bid/proposal. Responses delivered in person are to be delivered in a sealed envelope to the Purchasing Department at: City of Plano Purchasing Department 1520 K Avenue Plano, TX 75074 Ph: (972) 941-7557 All responses are due prior to the published closing date and time. No late responses will be accepted. Bids/Proposals will be opened, and the names of offerors read, on Tuesday, June 29, 2021, at 2:00 PM CT. The reading will now be broadcast live by Plano TV and available for viewing at the time of opening by tuning into the City of Plano's Government Access Channel online or through your cable provider. Broadcast information and viewing by stream may be accessed by this link: www.plano.gov/1565/Plano-TV. Tabulations for these solicitations should be available on lonwave within 48 hours of the opening. In some cases, they may be Page 2 of 6 pages Deadline: 6/28/2021 01:00 PM (CT) 2021-0125-AC Addendum I Exhibit A Page 2 of 40 available earlier. We ask that you limit exposure by watching the live broadcast of the bid/proposal opening or viewing tabulations electronically through IonWave, rather than attending at City Hall. Time Critical Bid/Proposal Deliveries: The City of Plano cannot guarantee, due to internal procedures, that any bids/proposals sent Priority Mail will be picked up and delivered by the closing date and time. It is recommended that critical bid/proposal deliveries be made either electronically through IonWave or in person as described above. Bid Bonds may be submitted by uploading a scanned copy into lonwave. The apparent low bidder will be required to furnish the original bid bond within 24 hours of the request by the Purchasing Department. Ship To Information Address: 1520 K Avenue Plano, TX 75074 Bid Activities Billing Information Contact: City of Plano- Accounts Payable Address: PO Box 860279 Plano, TX 75086-0279 Phone: 972 (941) 5221 Email: AP@Plano.gov Pre -Bid Meeting 6/7/2021 9:00:00 AM (CT) A Pre -Bid Meeting is scheduled for June 7, 2020, at 9:00 AM. The pre -bid meeting is optional and is being held via skype conference call 972-941-5885 conference code 775161. Mandatory Site Visit 1 6/9/2021 7:00:00 AM (CT) A site visit to all City of Plano Pumping Faculties is mandatory. Site Visits will start at Ridgeview Pump Station 2501 Ridgeview Dr., Plano, TX 75025. Site Visits can be scheduled as follows: • June 9, 2021 starting promptly at 7:00 a.m. In order to follow CDC guidelines on gatherings each vendor attending MUST register, space is limited. -if a date/time fills up you will be asked to pick from another available date /time -Vendors attending are encouraged to wear masks and gloves, however, they will not be provided. -No questions will be answered during the site visit please submit all questions through lonwave. To schedule a site visit follow the link Mandatory Site -Visit 2 6/15/2021 7:00:00 AM (CT) A site visit to all City of Plano Pumping Faculties is mandatory. Site Visits will start at Ridgeview Pump Station 2501 Ridgeview Dr., Plano, TX 75025. Site Visits can be scheduled as follows: • June 15, 2021 starting promptly at 7:00 a.m. In order to follow CDC guidelines on gatherings each vendor attending MUST register, space is limited. -If a date/time fills up you will be asked to pick from another available date /time -Vendors attending are encouraged to wear masks and gloves, however, they will not be provided. -No questions will be answered during the site visit please submit all questions through lonwave. To schedule a site visit follow the link Bid Attachments Addendum 1.pdf Addendum 1 Page 3 of 6 pages Deadline: 6/28/2021 0 1: 00 PM (CT) 2021-0125-AC Addendum 1 Exhibit A Page 3 of 40 General Terms and Conditions Rev 5.1.20.pdf General Terms and Conditions SMWBE form.docx SMWBE Form Written Contract Verbiage.pdf Written Contract Verbiage Form 1295 Changes Effective 010118.pdf 1295 Instructions PAYMENT PERFORMANCE BONDS VERBIAGE.pdf Payment and Performance Bonds Insurance Verbiage.pdf Insurance Verbiage SOO - Water and Wastewater Pumping Equipment Repair and Maintenance V.1.0.pdf SOO Water and Wastewater Pumping Equipment Repair and Maintenance Motor Specifications.pdf Motor Specifications Water and Wastewater Cost Sheet. 2021-0125-AC.xlsx cost sheet Insurance Requirements for General - Maintenance.pdf Insurance Requirements Client Info Work History-5.pdf Client Work History INTERLOCAL AGREEMENT.pdf Interlocal Agreement Vendor Supplemental Information (Updated 7.18.19).pdf Vendor Supplemental Form Israel form (effective 05.21.21).pdf Israel form CIQ - Conflict of Interest Questionaire.pdf Conflict of Interest Questionaire Environmentally Preferable Purchasing Questionnaire Plano.pdf Environmentally Preferable Purchasing Questionnaire Vendor Acknowledgment Form.pdf Vendor Acknowledgment Form Requested Attachments Client Info Work History Vendor Supplemental Information Israel Form CIQ Environmentally Preferable Purchasing Questionnaire Vendor Acknowledgement Form M Page 4 of 6 pages Deadline: 6/28/2021 01:00 PM (CT) 2021-0125-AC Addendum 1 Exhibit A Page 4 of 40 RFP response Upload your proposal response. Cost Sheet Upload cost sheet Bid Lines 1 I Cost Sheet Total (Response required) Quantity: 1 UOM: EA Item Notes: Enter the Cost Sheet Total Supplier Notes: Page 5 of pages Price: Total: Deadline: 6/28/2021 01:00 PM (CT) ❑ No bid ❑ Additional notes (Attach separate sheet) 2021-0125-AC Addendum 1 Exhibit A Page 5 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS 1. CITY OF PLANO GENERAL TERMS AND CONDITIONS APPLY TO ANY PROCUREMENT OF PRODUCTS OR SERVICES BY THE CITY OF PLANO (CITY). TAKING EXCEPTION TO THESE TERMS AND CONDITIONS MAY DEEM A RESPONSE AS NON -RESPONSIVE. 2. BID NOTIFICATION: City of Plano utilizes the following procedures for notification of bid opportunities: www.planotx.ionwave.net and the Dallas Morning News: www.dallasnews.com. These are the only forms of notification authorized by the City. City of Plano shall not be responsible for receipt of notification and information from any source other than those listed. It shall be the bidder's responsibility to verify the validity of all bid information received by sources other than those listed. 3. ELECTRONIC BIDS: the City of Plano uses lonwave to distribute and receive bids and proposals. Refer to www.planotx.ionwave.net for information. 4. REQUIRED INFORMATION: City of Plano bid/proposal packets contain various sections requiring completion. The bid form section of the bid packet must be completed prior to the date and time set for bid opening and included with the bid packet or the bidder may be found non -responsive. Vendors may be required to complete and supply all information contained in the "supplemental information" portion of the packet at a date after bid opening. Failure to complete "supplemental information" requirements in a timely manner, prior to council award, may be used by the City in determining a vendors responsibility. 5. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: a prospective bidder must affirmatively demonstrate their responsibility. The City of Plano may request representation and other information sufficient to determine bidder's ability to meet these minimum standards including but not limited to: A. Have adequate financial resources, or the ability to obtain such resources as required; B. Be able to comply with the required or proposed delivery schedule; C. Have satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; E. Otherwise qualified and eligible to receive an award. Failure to provide the requested information within 72 hours may result in a vendor being deemed non -responsive. 6. CORRESPONDENCE: the number of this bid packet must appear on all correspondence, or inquiries, pertaining to this quotation. 7. PREPARATION COST: the City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bids or materials submitted in response to any bid, quotation, or proposal. 8. NOTICE OF PUBLIC DOCUMENTS: any and all materials initially or subsequently submitted as part of the bid process shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 9. TEXAS PUBLIC INFORMATION ACT: For an expenditure of at least $1 million in public funds for the purchase of goods or services by the City unless excepted by law, "The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid/contract (whichever is applicable) 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." 10. ADDENDA: any interpretations, corrections or changes to this bid packet will be made by addenda. Sole issuing authority shall be vested in the City of Plano Procurement Department. Addenda will be sent to all who are known to have received a copy of this bid packet, if the addenda contain changes to the "specification" or "bid form", bidders shall acknowledge receipt of all addenda or they may be declared non -responsive. 11. REVISED BIDS: the bid that is submitted last will supersede any previous versions. 12. NONRESIDENT BIDDERS: Pursuant to Texas government code, chapter 2252, subchapter A: A bidder whose principal place of business, ultimate parent company or majority owner's principal place of business is not in Texas, is considered a nonresident bidder. A nonresident bidder must underbid the lowest responsible resident bidder by an amount that is equal to, or less than, the amount by which a Texas resident would be required to underbid in the nonresident bidder's state. This provision does not apply to a contract involving federal funds. PPM Rev.5.1.20 Page 1 of 9 Exhibit A Page 6 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS 13. INSURANCE: the City requires vendor(s) to carry the minimum insurance as required by state laws, and insurance requirements outlined in the bid/proposal documents. 14. NO PROHIBITED INTEREST/COMPLIANCE WITH EQUAL RIGHTS ORDINANCE: Bidder acknowledges and represents that they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that "no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service.....". Bidder agrees to comply with Section 2-11(F) of the City Code of Ordinances, which reads as follows: "It shall be unlawful for an employer to discriminate against any person on the basis of race, color, sex, religion, age, national origin, genetic information, sexual orientation, gender identity, disability status or United States military/veteran status by the following actions or inactions: (a) for an employer to fail or refuse to hire, or to discharge, any person; (b) for an employer to discriminate against any person with respect to compensation, terms, conditions or privileges, of employment; (c) for an employer to limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee; (d) for an employment agency to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of a protected employment characteristic; (e) for an employment agency to classify or refer for employment any person, on the basis of a protected employment characteristic; (f) for a labor organization to exclude or expel from its membership, or to otherwise discriminate against, any person because of a protected employment characteristic; (g) for a labor organization to fail or refuse to refer for employment any person because of a protected employment characteristic; (h) for a labor organization to limit, segregate or classify its members or applicants for membership, in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; or (i) for a labor organization to cause or attempt to cause an employer to discriminate against a person in violation of this subsection; Q) for an employer, a labor organization or a joint labor-management committee, to discriminate against any person because of a protected employment characteristic in the admission to, or employment in, any program established to provide apprenticeship or other training; (k) for an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; (1) for an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic; or (m) for a joint labor-management committee to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification or discrimination, based on a protected employment characteristic." I am aware that my company, its directors, officers and employees must comply with Section 2-11(F) of the City Code of Ordinances unless an exclusion applies, as indicated below. Further, I understand that if Section 2-11(F) applies, I am entitled to apply to the City Manager for a waiver from signing this section of the affidavit based on a conflict with state or federal law. The contract will not be executed prior to the waiver issue being resolved. Having made reasonable inquiry, I affirm that my company, its directors, officers and employees agree to comply with Section 2-11(F); or my company is excluded from this Ordinance because it is: 1) a religious organization; 2) a political organization; 3) an educational institution; 4) a branch or division of the United States government or any of its departments or agencies; 5) a branch or division of the State of Texas or any of its departments, agencies or political subdivisions; 6) a private club that is restricted to members of the club and guests and not open to the general public; 7) not an "employer" under Section 2-11(F) because it has not had 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Page 2 of 9 PPM Rev.5.1.20 Exhibit A Page 7 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS 15 SILENCE OF SPECIFICATION: the apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 16 SAMPLES: any catalog, brand names, or manufacturer's reference in this bid packet is descriptive and not restrictive, and is used to indicate type and quality level desired for comparison purposes unless specifically excluded. Please quote as listed or give equal. If item offered is other than as indicated, bidder must state make, model, and part number of product quoted. Equality will be determined by the City, per the specifications. Samples, if required. shall be furnished free of expense to the City. Samples should not be enclosed with bid unless requested. 17 TESTING: testing may be performed at the request of the City or any participating entity, by an agent so designated, without expense to the City. 18. TAXES: the City of Plano is exempt from federal manufacturer's excise and state sales and use tax. Tax must not be included in bid. Tax exemption certificates will be executed by the City and furnished upon request. 19. PRICING: bid price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document. 20. ERROR -QUANTITY: bid price must be submitted on units of quantity specified, extended, and total shown, in the event of discrepancies in extensions, the unit price shall govern. 21. WARRANTY/GUARANTEE LAWS AND REGULATIONS: By submittal of this bid, in addition to the guarantees and warranties provided by law, vendor expressly guarantees and warrants as follows: A That the articles to be delivered hereunder will be in full conformity with the specifications or with the approved sample submitted, and agreed that this warranty shall survive acceptance of delivery and payment for the articles and that the vendor will bear the cost of inspecting and/or testing articles rejected. B. That the articles to be delivered hereunder will not infringe on any valid patent, trademark, trade name, or copyright, and that the vendor will, at vendor's own expense, defend any and all actions or suits charging such infringement and will save and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, losses, liabilities and suits arising there from. C. That the articles to be delivered hereunder will be manufactured, sold and/or installed in compliance with the provisions of all applicable federal, state and local laws and regulations. D. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the City. 22. PACKAGING: unless otherwise indicated, items will be new, unused, and in first rate condition in containers suitable for damage -free shipment and storage. 23. F.O.B./DAMAGE: quotations shall be bid F.O.B. delivered, designated location, and shall include all delivery and packaging costs. The City of Plano assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City of damage. 24 DELIVERY PROMISE — PENALTIES: quotations must show the number of calendar days required to place the materials in the possession of the City. Do not quote shipping dates. When delivery delay can be foreseen, the bidder shall give prior notice to the purchasing division, who shall have the right to extend the delivery date if reasons for delay appear acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the purchasing division to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting bidder. 25. DELIVERY TIMES & INSTALLATION: Deliveries will be acceptable only during normal working hours at the designated location. Regarding installation services, the Contractor shall be responsible to remove from City property and dispose of all waste and packaging material in a lawful manner. 26 PAYMENT TERMS: payment terms are pursuant to the Texas Prompt Payment Act unless otherwise specified by the City. Upon receipt of a properly executed invoice from the vendor, payment will be processed for items or services delivered. Page 3 of 9 PPM Rev.5.1.20 Exhibit A Page 8 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS 27. ELECTRONIC SIGNATURE — UNIFORM ELECTRONIC TRANSACTION ACT: the City adopts Vernon Texas' Statutes and Codes, Annotated Business and Commerce Code Chapter 43. Uniform Electronic Transaction Act, allowing individuals, companies, and governmental entities to lawfully use and rely on electronic signatures. 28. PRESENTATION OF BIDS — PAPER SUBMISSION: complete bid packets must be presented to the Procurement Department in a sealed envelope unless otherwise indicated. 29. ALTERING BIDS — PAPER SUBMISSION: bid prices cannot be altered or amended after submission deadline. Any inter -lineation alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. 30. LATE BIDS — PAPER SUBMISSION: bid packets received in the Procurement Department after submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Plano is not responsible for the lateness of mail carrier, weather conditions, etc. 31. WITHDRAWAL OF BIDS: bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids without written approval of the City. 32. BID OPENINGS: all bids submitted will be read at the City's regularly scheduled bid opening for the designated 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 make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Plano purchasing guidelines, and project documents, including but not limited to the bid/proposal specifications and required submittal documents. The City will notify the successful bidder upon award of the contract and, according to state law all bids received will be available for inspection at that time. 33. BID SUMMARY SHEET: bid summary results will be made available forty-eight (48) hours after bid opening. Bidders desiring a copy of the bid summary sheet may view the results online forty-eight hours (48) hours after the bid opening at www.planotx.ionwave.net No results will be given over the telephone. 34. MINOR DEFECT: the City reserves the right to waive any minor defect, irregularity, or informality in any bid. The City may also reject any or all bids without cause prior to award. 35. EVALUATION: bids/proposals will be evaluated as outlined in the bid/proposal document 36. AWARD: the City reserves the right to award: A. In whole or in part as determined to be in the best interest of the City; and/or B. A separate contract to separate vendors for each item/group or to award one contract for the entire bid. The City reserves the right to take into consideration contract administration costs for multiple award contracts when determining low bid. 37. PROTESTS: all protests regarding the bid solicitation process must be submitted in writing to the Purchasing Manager within five (5) working days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the local government code, as well as any protests relating to alleged improprieties or ambiguities in the specifications. The limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City council by contacting the City Secretary prior to council award. All staff recommendations will be made available for public review ninety-six (96) hours prior to consideration by the City council. 38. ADDITIONAL TERMS: Notwithstanding acceptance by the City of the goods or services ordered hereby, no additional terms or conditions of vendor, whether contained within vendor's proposal or otherwise, shall be accepted by City, unless agreed upon in writing through a proposal process. 39. CONFLICTS: In the event the terms and conditions herein expressed conflict with the terms and conditions of any specifications issued by the City in conjunction with this purchase, the specifications shall supersede these terms and conditions to the extent of the conflict. 40. AUTHORIZATION: The City of Plano will not accept or pay for articles delivered or services performed without a specific written Purchase Order. 41. CONFORMITY OF GOODS/SERVICES: All goods to be delivered or services to be performed shall conform in every respect to the specifications issued by the City in conjunction with its solicitation of bids or proposals. In the event no such Page 4 of 9 PPM Rev.5.1.20 Exhibit A Page 9 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS specifications were issued, the goods or services shall conform to the proposal submitted by the vendor. 42. PRICING: Unit pricing shall be in strict conformity with the bid or proposal submitted by vendor, unless a price increase is authorized by the City. 43. PRICE ESCALATION: Price escalations may be permitted by the City of Plano during the term of the contract. All requests for price escalation shall be in written form and shall demonstrate industry -wide or regional increases in the Contractor's costs. Include documents supporting the price escalation, such as manufacturer's direct cost, postage rates, railroad commission rates, federal/state minimum wage laws, federal/state unemployment taxes, FICA, etc. Increases will apply only to the products(s) and/or service(s) affected by an increase in raw material, labor, or another like cost factor. The City of Plano reserves the right to accept or reject any/all price escalations. 44. PRICE REDUCTION: If during the life of the contract, the Contractors net prices to other customers for the same product(s) and/or service(s) are lower than the City of Plano's contracted prices, an equitable adjustment shall be made in the contract price. 45. TAXES: The City of Plano is exempt from federal manufacturer's excise and state sales and use tax. Contractor shall be responsible to furnish the appropriate forms required to the supplier(s). 46. INSPECTION, REJECTION, AND EXCESS SHIPMENT: In addition to other rights provided by law, the City reserves the right (a) to inspect articles delivered and to return those which do not meet specifications or reasonable standards of quality, (b) to reject articles shipped contrary to instructions or in containers which do not meet recognized standards, and (c) to cancel the order if not filled within the time specified. The City may return rejected articles or excess shipment on this order, or may hold the articles subject to the vendor's order and at vendors risk and expense, and may in either event charge the vendor with the cost of shipping, unpacking, inspecting, repacking, reshipping and other like expenses. 47. INVOICES: Invoices must be submitted by the Contractor to the City of Plano, Accounting Department, P.O. Box 860279, Plano, TX, 75086-0279. The City Purchase Order number must appear on all invoices, delivery memoranda, bills of lading, packing and correspondence. 48. PATENT RIGHTS: The Contractor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied. 49. FUNDING: The Contractor recognizes that any contract shall commence upon the effective date and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Plano, which fiscal year ends on September 30th of each year, shall be subject to Plano City Council approval. In the event that the Plano City Council does not approve the appropriation of funds for the contract, the contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. 50. ASSIGNMENT: Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned without the prior written consent of City, and that no part or feature of the work will be assigned to anyone objectionable to City. Contractor further agrees that subcontracting any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. Failure to obtain City's written consent prior to assignment of this Contract as set forth herein, may result in termination of this Contract at the City's discretion, without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. 51.AUDIT: The City of Plano reserves the right to audit the records and performance of Contractor during the contract and for three years thereafter. 52. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in this contract. All change orders to the contract will be made in writing by the City of Plano. 53.INDEMNIFICATION: Contractor agrees to defend, indemnify and hold the City and its respective officers, agents and employees, harmless against any and all claims, lawsuits, judgments, fines, penalties, costs and expenses for personal injury (including death), property damage, intellectual property infringement claims (including patent, copyright and trademark infringement) or other harm or violations for which recovery of damages, fines, or penalties Page 5 of 9 PPM Rev.5.1.20 Exhibit A Page 10 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS is sought, suffered by any person or persons that may arise out of or be occasioned by Contractor's breach of any of the terms or provisions of the contract, violations of law, or by any negligent, grossly negligent, intentional, or strictly liable act or omission of the Contractor, its officers, agents, employees, invitees, subcontractors, or sub- subcontractors and their respective officers, agents, or representatives, or any other persons or entities for which the Contractor is legally responsible in the performance of the contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, and its officers, agents, employees or separate Contractors. City does not waive any governmental immunity or other defenses available to it under Texas or federal law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Contractor, at its own expense, is expressly required to defend City against all such claims. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this agreement. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this agreement. If Contractor fails to retain counsel within the required time period, City shall have the right to retain defense counsel on its own behalf and Contractor shall be liable for all costs incurred by City. In addition to Contractor's intellectual property infringement indemnification and defense requirements herein, if an infringement claim occurs, or in Contractor's opinion is likely to occur, Contractor shall, at its expense: (a) procure for City the right to continue using the product; (b) replace or modify the product so that it becomes non - infringing while providing functionally equivalent performance; or (c) accept the return of the product and grant City a reimbursement for the product. Contractor will proceed under subsection (c) above only if subsections (a) and (b) prove to be commercially unreasonable. The intellectual property infringement indemnification herein applies to all products provided, supplied or sold under this agreement by Contractor to City whether manufactured by Contractor or a third party. Contractor represents that, to the best of its knowledge, City's use of products that are provided supplied, or sold by Contractor to City as part of this agreement does not constitute an infringement of any intellectual property rights and City has the legal right to use said products. City enters into this agreement relying on this representation. The indemnification herein survives the termination of the contract and/or dissolution of this agreement including any infringement cure provided by the Contractor. 54. TERMINATION: City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this Contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received unless otherwise indicated in writing by the City. If the City elects to terminate this Contract, the Contractor shall provide the City refund of any prepaid, unused portion of the fees, calculated from the date of termination to the end of the then -current term. Contractor shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Contract prior to termination. 55. TERMINATION FOR DEFAULT: The City of Plano reserves the right to enforce the performance of the 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 the contract. The City reserves the right to terminate the contract immediately in the event the Contractor fails to 1) meet delivery schedules or, 2) otherwise perform in accordance with these specifications. Breach of contract or default authorizes the City to award contract to another Contractor, purchase elsewhere and charge the full increase in cost and handling to the defaulting Contractor. 56. REMEDIES: The Contractor and the City of Plano agree that each party has rights, duties, and remedies available as stated in the uniform commercial code and any other available remedy, whether in law or equity. 57. VENUE: This agreement will be governed and constructed according to the laws of the state of Texas. This agreement is performable in Collin/Denton County, Texas. Exclusive venue shall be in Collin County, Texas. 58. DELINQUENT TAXES: Section 2-2 of the City Code of Ordinances prohibits the payment of public funds to persons that owe delinquent taxes to the City of Plano. Therefore, payment to a Contractor for goods or services provided to the City under contract or Purchase Order may be withheld in the event the Contractor owes delinquent taxes to the City. 59. WORKFORCE: A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they Page 6 of 9 PPM Rev.5.1.20 Exhibit A Page 11 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while in the course and scope of delivering goods or services under a City of Plano contract on the City's property; i. use or possess a firearm, including a handgun that is licensed under state law, except as required by the terms of the contract; who hold a license to carry a handgun or who otherwise lawfully possess a firearm and ammunition may keep such items in their locked personal vehicle while parked on City Property; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and must not employ such worker again on Contract services without the City's prior written consent. D. The immigration reform and control act of 1986 (IRCA) makes it illegal for employers to knowingly hire or recruit immigrants who do not possess lawful work authorization and requires employers to verify their employees' work eligibility on a U.S. department of justice form 1-9. The Contractor warrants that Contractor is in compliance with IRCA and will maintain compliance with IRCA during the term of the contract with the City. Contractor warrants that Contractor has included or will include a similar provision in all written agreements with any subcontractors engaged to perform services under this contract. STATUTORY CONTRACTING REQUIREMENTS: The following terms apply when required by applicable Texas statute(s) or for purchases funded or reimbursed using Federal funds. 60. COMPLIANCE WITH TX GOVT CODE 2270: A. As required per Texas Government Code Section 2270.001, the Contractor certifies the following: i. Company does not boycott Israel; ii. Company will not boycott Israel during the term of the contract. 61. FEDERALLY FUNDED PROJECTS: For projects using Federal funds the following shall apply: The City of Plano, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and its Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award 62. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT f29 C.F.R. 6 5.5(b)l: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (the Federal agency or the loan or grant recipient, whichever is applicable) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Page 7 of 9 PPM Rev.5.1.20 Exhibit A Page 12 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 63. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT: Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The contractor agrees to report each violation to the (City of Plano or applicant, whichever is applicable, entering into the contract) and understands and agrees that the (City of Plano or applicant, whichever is applicable, entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the (City of Plano or applicant, whichever is applicable, entering into the contract) and understands and agrees that the (City of Plano or applicant, whichever is applicable, entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 64. DEBARMENT AND SUSPENSION: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (the City of Plano, or recipient/subrecipient/applicant, whichever is applicable). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (the City of Plano, or recipient/subrecipienUapplicant, whichever is applicable), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 65. BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. 6 1352 (as amended): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Page 8 of 9 PPM Rev.5.1.20 Exhibit A Page 13 of 40 CITY OF PLANO GENERAL TERMS AND CONDITIONS 66. PROCUREMENT OF RECOVERED MATERIALS: i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 67. ACCESS TO RECORDS: The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City of Plano, (recipient, if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Plano and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Page 9 of 9 PPM Rev.5.1.20 Exhibit A Page 14 of 40 June 25, 2021 Prospective Respondents Re: Addendum #1 i Plano City of Excellence Solicitation No. 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Addendum #1 is issued. The following items take precedence over the initial specifications and documents, where supplemented here. The original requirements not affected by this addendum shall remain in effect. CHANGES ADD 1. 2016-0003-C BID TABULATION DELETE 1. Delete Response Attachments Bid Bond 2. Delete Response Attachments Vendor Compliance to State Law QUESTIONS AND ANSWERS FROM IONWAVE Question 1. Can we get a copy of the bid tabulation for the current contract? I am not finding RFP 2016- 0003 on Ionwave.? Answer 1. See ADD 1 above. Question 2. There are attachments provide in your RFQ I have identified for the 10 requests except for the following and need some guidance as to how to respond. They are: a. 1. Bid Bond ...........( what do I attach)? b. 5. Vendor compliance to State Law......... what do I attach ? c. 9. RFP response......... what do I attach ? Answer 2. a. See above Delete 1. b. See above Delete 2. c. Upload your proposal response. Vendors who may have already submitted a response and feel this addendum may change their submittal may pick up their response and return it prior to the due date and time. If you have any questions regarding this addendum, please contact the City of Plano Purchasing Division, (972) 941-7557. Acknowledge receipt of this addendum by initialing in the appropriate space on the Vendor Acknowledgment Page if you have not previously submitted a proposal. Exhibit A Page 15 of 40 CITY OF PLANO PROPOSAL TABULATION PROPOSAL NUMBER 2016-0003-C RFP for Water and Wastewater Pumping Equipment Repair and Maintenance PROPOSER: Weisinger Incorporated Legacy Contracting LP dba Control. Specialist Services, LP I certify that the above includes all firms contacted to bid and that replies are exactly as stated. Z" eoumca, FW/In 1/20/2016 Nancy Corwin, Buyer Date "PROPOSAL TABULATION STATEMENT" ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER, THE LISTING OF A BID ON THIS SHEET 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 MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS, CITY OF PLANO PURCHASING GUIDELINES, AND PROJECT DOCUMENTS, INCLUDING BUT m NOT LIMITED TO THE PROJECT SPECIFICATIONS AND CONTRACT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO ='r LAW, ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. o Q o D PURCHASING DIVISION CITY OF PLANO TEXAS Plano City of Excellence 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Statement of Objectives Public Works Version 1.0 Exhibit A Page 17 of 40 Plano Pa llcr City t�f rr tr, Contents 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Statement of Objectives 1. Background/Introduction...................................................................................................................1 2. Omitted 3. Omitted 4. Current Environment..........................................................................................................................1 5. Omitted 6. Constraints..........................................................................................................................................1 7. Tasks/Deliverables..............................................................................................................................1 8. Omitted 9. Omitted 10. Omitted 11. Omitted 12. Desired Skills and Knowledge.............................................................................................................2 13. Contractor Requirements...................................................................................................................3 14. Work History/Past Performance........................................................................................................3 15. Insurance............................................................................................................................................3 16. Omitted 17. Bonding Requirements.......................................................................................................................3 18. Omitted 19. Omitted 20. Omitted 21. Warranty.............................................................................................................................................3 22. Mandatory Site Visit...........................................................................................................................3 23. Travel..................................................................................................................................................4 24. Period of Performance.......................................................................................................................4 25. Place and Hours of Performance........................................................................................................4 26. Proposal Response Format.................................................................................................................5 27. Evaluation Criteria..............................................................................................................................6 28. Best and Final Offer............................................................................................................................6 Exhibit A Page 18 of 40 4. 5. ;.1 Plano Cityof k-wellence BACKGROUND/INTRODUCTION 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Statement of Objectives The City of Plano is soliciting proposals to establish an annual fixed price contract for the Public Works Department water and wastewater pumping equipment repair and maintenance, as specified. The contract value will be up to $500,000.00 per year. This Statement of Objectives (SOO) identifies the broad, basic, top-level objectives of the acquisition and is used as a focusing tool for both the City of Plano and offerors. While requirements are listed, it is the City's intent to provide maximum flexibility to allow for each offeror to propose an innovative approach that it believes meets the requirements and should be considered by the City. OMITTED OMITTED CURRENT ENVIRONMENT Currently, Pumping Facilities contracts for the repair and maintenance of all water and wastewater pumping equipment. All of the water and wastewater pumping equipment to be maintained under this contract is located on City owned property within or near the city limits of the City of Plano. Buildings are secured, and a City employee must be present to grant access to the facilities. OMITTED CONSTRAINTS 6.1 All equipment and parts provided under this proposal shall be free of liens and defects. 6.2 All equipment and parts shall be new and unused, unless otherwise approved by the city on a specialty case basis. 6.3 All existing motors, pumps, electrical switch gears, and other equipment which are replaced shall remain the property of the City and shall be stored at a location to be chosen by the City. 6.4 All Federal and State laws must be followed regarding disposal of hazardous material. 6.5 All equipment furnished and installed on this project shall be manufactured and installed in accordance with the Occupational Safety and Health Act of 1970 and its subsequent amendments and revisions. 6.6 All work on this project shall be performed in accordance with the regulations and requirements of the above Act, and its revisions and amendments. 6.7 When subcontractors are used, Contractor is required to have a representative on -site. TASKS/DELIVERABLES 7.1 Work to be performed under this proposal shall include, but not be limited to the repair, replacement, and calibration of the following: 7.1.1 Pumps 7.1.2 Motors 2021-0125-AC Statement of Objectives Page 1/6 Exhibit A Page 19 of 40 8. 9. 10. 11. 7.1.3 Piping 7.1.4 Motor operated valves 7.1.5 Electrical wiring 7.1.6 Motor control electrical switch gear 7.1.7 Transformers 7.1.8 Auto control systems 7.1.9 Flow meters of various types 7.1.10 All types and sizes of valves 7.2 Calibrations are performed annually on some equipment and semi-annually on other equipment, as scheduled by the City. Response Time 7.3 Contractor must be capable of providing 24-hour equipment and personnel service 365 days a year. 7.4 Contractor must guarantee to provide proper resources and equipment within three hours of initial service call. Performance Testing 7.5 A performance test is required on all repaired or replaced equipment after installation. The performance test shall demonstrate that the equipment has been properly installed and will operate satisfactorily and meet the guarantees of the manufacturer. 7.6 The City shall furnish the electricity and lubricating oil necessary for performance testing. 7.7 Contractor shall furnish an orifice with manometer to measure the quantity of water pumped (when designated by Utility Pumping staff), ammeter, voltmeter and tachometer. 7.8 The test shall be carried out by operating each pumping unit throughout the range specified for a continuous period of at least two hours, or until city staff verifies that all of the equipment is in proper operating condition and will meet the warranty. 7.9 Throughout performance testing of pumping equipment, the motors and pumps must run smoothly without vibration and/or heating. If vibration and/or heating is observed, the contractor must stop the test until the unit is placed into a condition to comply with the requirements of smoothness of operation. OMITTED OMITTED OMITTED OMITTED 12. DESIRED SKILLS AND KNOWLEDGE Contractor must have employees with Master Electrician's licenses. Contractor must have an adequate number of qualified, licensed employees to accommodate the work assignments that will occur under this contract. 2021-0125-AC Statement of Objectives Page 2/6- Exhibit A Page 20 of 40 13 22 CONTRACTOR REQUIREMENTS 13.1 The contractor will assign only qualified, trained, competent, and reliable personnel to perform the services. 13.2 All contractor employees assigned to this project must be confined space certified. 13.3 All contractor employees assigned to this project must be fall protection certified. 13.4 At least one contractor representative who is able to communicate in English with City staff must be present on the job site at all times. 13.5 The contractor shall ensure that their employees shall observe all City codes and ordinance governing City employees when on City premises. 13.6 In the event that the City shall deem an employee unacceptable or unsatisfactory, contractor shall remove such employee from the job site and shall supply a suitable replacement. WORK HISTORY/PAST PERFORMANCE Work history should demonstrate experience successfully performing repair and/or replacement of motors, pumps, piping, motor -operated valves, electric switch gears, and other equipment as listed in the provided Locations and Equipment document. Experience with municipal clients is preferred. INSURANCE The successful offeror must submit proof of meeting necessary insurance requirements within ten (10) business days of request by the City. Failure to respond within ten business days may be grounds for declaring offer non -responsive to the specifications. OMITTED BONDING REQUIREMENTS A PERFORMANCE BOND in the amount of $500,000 is required. Performance bond must be submitted within (10) days of notice of award of contract to vendor. OMITTED OMITTED OMITTED WARRANTY 21.1 Contractor shall warrant the repaired or replaced equipment and the work performed under this contract against defective materials and workmanship for a period of one year from the date of acceptance by the City. Contractor agrees to make good any defects that may develop during this one-year period without cost to the City. 21.2 Because water supply pumping and wastewater pumping performance are critical to the City of Plano, all warranty work must be performed within 72 hours of notification of warrantyclaim. MANDATORY SITE VISIT Potential offerors must attend one of two scheduled site visits for this project. Attendance will be recorded on the sign -in sheet at the site visit. The City is not responsible for an offeror who attends the site visit and does not sign -in. 2021-0125-AC Statement of Objectives Page 3/6- Exhibit A Page 21 of 40 23. TRAVEL The City will not reimburse for travel. Billable time will begin at arrival at the job site and end at departure. 24. PERIOD OF PERFORMANCE Historically, the contract has been awarded for one year with four City -optional renewals, however the City is open to proposal of alternative contract terms to achieve cost savings. 25. PLACE AND HOURS OF PERFORMANCE Water Distribution System Locations 25.1 Pumping Stations 25.1.1 Ridgeview Pump Station 2501 Ridgeview Drive, Plano, TX 75025 25.1.2 Custer Pump Station, 1901 W 15th Street, Plano, TX 75023 25.1.3 Stadium Pump Station, 6601 Alma Drive, Plano, TX 75023 25.1.4 Shiloh Pump Station, 1405 Del Sol Drive, Plano, TX 75074 25.1.5 Bypass 2000 Hedgcoxe Road, Plano, TX 75025 25.2 Elevated Tanks 25.2.1 Southeast Elevated Tank, 940 Stewart Road, Plano, TX 75074 25.2.2 Jupiter Elevated Tank 4001 Jupiter Road, Plano, TX 75074 25.2.3 Parkwood Elevated Tank, 6100 Bishop Road, Plano, TX 75024 25.2.4 Preston Elevated Tank, 4301 W. Plano Parkway, Plano, TX 75093 25.2.5 Wentworth Elevated Tank, 2806 Browning Drive, Plano, TX 75093 25.2.6 Tennyson Elevated Tank, 6825 Communications Parkway, Plano, TX 75024 25.2.7 Dallas North 2409 W Plano Parkway, Plano, TX 75075 25.2.8 Coit 3620 W. Spring Creek Parkway, Plano, TX 75023 25.2.9 Parker 830 Lexington Drive, Plano, TX 75023 25.2.10 Spring Creek 6405 Dodge Court, Plano, TX 75023 Wastewater Distribution System Locations 25.3 Lift Stations 25.3.1 Sherrye Lift Station, 2508A Sherrye Drive, Plano, TX 75074 25.3.2 Legacy Lift Station, 7803 Parkwood Boulevard, Plano, TX 75093 25.3.3 "J" Place Lift Station, 517 J Place, Plano, TX 75074 25.3.4 Billingsly Lift Station, 6500 International Parkway, Plano, TX 75093 25.3.5 Mapleshade Lift Station, 4310 Mapleshade Lane, Plano, TX 75024 25.3.6 Legacy West Lift Station, 8235 Dallas Parkway, Plano, TX 75024 25.4 Hours 2021-0125-AC Statement of Objectives Page 4/6- Exhibit A Page 22 of 40 Work can occur between the hours of 6:30 a.m. and 3:00 p.m., unless other arrangements are made. 26. PROPOSAL RESPONSE FORMAT The preferred method of proposal submission is online through planotx.ionwave.net. If you elect not to submit your proposal online, provide one hardcopy and two soft copies on electronic media (e.g., USB drives or CDs). All pages should be numbered. Include the cost proposal in the hardcopy and as a separate electronic file, preferably in Excel format. The proposal should include all information requested in this RFP and should be in the format described in this section. Provide detailed descriptions of how you fulfill each requirement. Be as precise, accurate, and succinct as possible. Evaluators may take the clarity and completeness of a proposal into consideration. If you include exceptions in your proposal, clearly identify each exception it takes, noting the specific RFP section number and title and providing a detailed description of exception taken and your proposed replacement language. The offeror is solely responsible for thoroughly understanding the RFP and its attachments, exhibits, and forms. All issues or questions that might be advanced or addressed by way of assumption should be submitted as questions prior to the deadline for Questions and Answers. The City is prevented by the Texas Constitution (Article 11, Section 5) from indemnifying vendors. Offerors are strongly discouraged from including terms in their proposals that require the City to indemnify them. Such terms may result in the proposal being rejected. SECTION I —EXECUTIVE SUMMARY Summary Provide a concise narrative summary of your proposal, including significant risks, and a highlight of any key or unique features, excluding cost/price. The highlighted features should tie in with the stated evaluation criteria. Summary material presented here does not meet the requirement for any portion for other sections of the proposal. Table of Contents Provide a master table of contents of the entire proposal. SECTION II —COMPANY PROFILE Overview Provide an overview of your company, including its structure, longevity, primary business, and an overview of relevant experience. Key Personnel Provide completed Certification/License Listing for staff that will perform work assignments under this contract. References Provide recent references most relevant in demonstrating your ability to successfully complete this project. For each reference, provide current contact information (name, phone number, and email) and a brief description of the work performed. Refer to the Work History section for guidance regarding the City's expectations. 2021-0125-AC Statement of Objectives Page 5/6- Exhibit A Page 23 of 40 Offerors are cautioned that the City may use data obtained from other sources in addition to the information provided in this section when evaluating past and present performance. Subcontracting Plan If you plan to subcontract any or all portions of the work for this project, provide subcontractor information in this section. For each proposed subcontractor provide a company overview, certifications and licenses, and references as described above. Provide information regarding your firm's history working with the subcontractor. Detail what portion of the work you plan to subcontract to each subcontractor. SECTION III —CONTRACT TERM The City is interested in exploring alternative terms that offer cost savings. Propose the most cost effective contract term, including renewals, if any, that totals 5 years. Do not provide cost information in this section. SECTION IV —DOCUMENTATION Provide copies of Master Electrician Licenses. Provide copies of Confined Space Certifications. Provide copy of Fall Protection Certification. SECTION V—COST A cost proposal form in excel format has been provided for your use. 27. EVALUATION CRITERIA The City of Plano will select the proposal that is determined to be the best value for the City considering the relative importance of the following criteria and weights and any other facts considered relevant by the City. The City intends to award this contract to a single offeror. This award will not be split. The City reserves the right to request presentations or demonstrations from some or all offerors in order to further develop evaluation scores. The City reserves the right to award a contract without any negotiations and reserves the right not to make an award. CRITERION WEIGHT Site Visit Attendance Pass / Fail Staff Qualifications (Sections II and IV) 30% Work History and Experience (Section II) 30% Cost 40% Offerors should be aware that any information regarding sealed proposals cannot and will not be disclosed to the public prior to contract award. 28. BEST AND FINAL OFFER The City reserves the right to request best and final offers from any or all offerors. 2021-0125-AC Statement of Objectives Page 6/6- Exhibit A Page 24 of 40 PUMP STATIONS CUSTER PUMP STATION 1901 W 151" St Rehabbed 2012 MOTOR #1: Z875 G.E. 300 H.P., 460 Volt, 3 Phase Vertical PUMP: Odessa, S/N595294-1. 3900 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size Altistart 48 CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2012 HRS 5,688 (as of 9/28/15) MOTOR 2: Z875 G.E., 300 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N595294-2, 3900 G.P.M.', Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size Altistart 48 CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2012 HRS 4,633 (as of 9/26/15) MOTOR #3: Z875 G.E., 200 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N595290, 2500 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 400 Amp. Starter Size Altistart 48 CONTROL VALVE: 14" Valvematic Surge Buster YEAR: 2012 HRS 10,117 (as of 9/28/15) MOTOR #4: Z875 G.E., 150 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N 595291, 2000 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 400 Amp. Starter Size Altistart 48 CONTROL VALVE: 12" Valvematic Surge Buster YEAR: 2012 HRS 8,345 (as of 9/28/15) MOTOR #5: Z795 G.E., 100 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa S/N 595292, 1700 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 250 Amp. Starter Size Altistart 48 CONTROL VALVE: 10" Valvematic Surge Buster YEAR: 2012 HRS 9,648 (as of 9/28/15) MOTOR #6: Z795 G.E., 200 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N 361DR-1, 3500 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size Altistart 48 CONTROL VALVE: 14" Valvematic Surge Buster YEAR: 2018 HRS 8,422 (as of 9/28/15) Motor replaced 10/4/2018 at 1156.0 hours on new scada MOTOR #7: Z795 G.E., 200 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N 3G1 DR-2, 3500 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size Altistart 48 CONTROL VALVE: 14" Valvematic Surge Buster YEAR: 2011 HRS 7,355 (as of 9/28/15) Exhibit A Page 25 of 40 MOTOR #8: Z795 G.E., 250 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa, S/N 595293-1, 4300 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size Altistart 48 CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2012 HRS 2,809 (as of 9/28/15) MOTOR #9: Z795 G.E., 250 H.P., 460 Volts, 3 Phase Vertical PUMP: Odessa S/N 595293-2, 4300 G.P.M., Vertical Turbine MOTOR CONTROL: Square D, Breaker 600 Amp. Starter Size? CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2012 HRS 2,224 (as of 9/28/15) Surge Valves SURGE VALVE (875) 12" Clay Valve, Cat# 1252-03, Stock # 52-03-764C, Cod#E3 SURGE VALVE (795) 10" Clay Valve, Cat# 1052-03, Stock# 52-03-690K, Cod#E3 Generators GENERATOR#12721 Year 2011 Kohler s/n 3030627, Class R05DZOZZZ Model 1000 kW HRS 62 (as of 9/28/15) GENERATOR#12722 Year 2011 Kohler s/n 3030418, Class R05DZDOZZZ Model 00000, 1000kw HRS 61 (as of 10/27/14) Exhibit A Page 26 of 40 RIDGEVIEW PUMP STATION 2501 Ridgeview Drive MOTOR #1: Z875 General Electric 350 H.P., 3Phase 460 Volts PUMP Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D Size 6 CONTROL VALVE Crispin 16" Surge Buster YEAR: 1998 HRS 25,168 (as of 9/28/15) MOTOR #2: Z875 General Electric 350 H.P. 3 Phase 460 Volts PUMP: Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D Size 6 CONTROL VALVE: Val Matic 16" Hydraulic Swing Arm YEAR: 1998 HRS 30,788 (as of 9/28/15) MOTOR #3: Z875 General Electric 350 H.P. 3 Phase 460 Volts PUMP: Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D Size 6 CONTROL VALVE: Val Matic 16" Hydraulic Swing Arm YEAR: 1998 HRS 22,060 (as of 9/28/15) MOTOR #4: Z875 General Electric 350 H.P. 3 Phase 460 Volts PUMP: Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D size 6 CONTROL VALVE: Apco 16" Cushioned Swing Check Valve YEAR: 1998 HRS 26,534 (as of 9/28/15) MOTOR #5: Z875 General Electric 350 H.P. 3 Phase 460 Volts PUMP: Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D size 6 CONTROL VALVE: Bermad 12" Asco Controller YEAR: 1998 HRS 21,147 (as of 9/28/15) MOTOR #6: Z875 General Electric 350 H.P. 3 Phase 460 Volts PUMP: Simflo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D size 6 CONTROL VALVE: Bermad 12" Asco Controller YEAR: 1998 HRS 21,022 (as of 9/28/15) MOTOR #7: Z875 General Electric, 350 H.P., 3 Phase 460 Volts PUMP: SLM Flo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Bermad 10" YEAR: 1996 HRS 39,279 (as of 9/28/15) Exhibit A Page 27 of 40 MOTOR #8: Z875 General Electric, 350 H.P., 3 Phase, and 460 Volts PUMP: SLM Flo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Bermad 10" YEAR: 1996 HRS 30,770 (as of 9/28/15) MOTOR #9: Z875 General Electric, 350 H.P., 3 Phase, and 460 Volts PUMP: SLM Flo Vertical Turbine 4500 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Bermad 10" YEAR: 1996 HRS 37,193 (as of 9/28/15) MOTOR #10 Z875 U.S. Motors, 250 H.P., 3 Phase, 460 Volts PUMP: Johnson Vertical Turbine, 2200 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Clay Valve, 6" YEAR: 1993 HRS 34,939 (as of 9/28/15) MOTOR #11: Z875 U.S. Motors, 350 H.P., 3 Phase, and 460 Volts PUMP: Johnson Vertical Turbine, 4500 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Clay Valve 10" YEAR: 1993 HRS 39,353 (as of 9/28/15) MOTOR #12: Z875 U.S. Motors, 350 H.P., 3 Phase, and 460 Volts PUMP: Johnson Vertical Turbine, 4500 G.P.M. MOTOR CONTROL: Square D, Size 6 CONTROL VALVE: Clay Valve, 10" YEAR: 1993 HRS 49,939 (as of 9/28/15) MOTOR # 13: Z875 U.S. Motor 700 H.P. 3 Phase 4160 Volts PUMP: Simflo Vertical Turbine 8958 G.P.M. MOTOR CONTROL: Benshaw Motor Controls CONTROL VALVES: Val Matic Surge Buster 24" and # 7224 Swing check YEAR: 1999 HRS 24,103 (as of 9/28/15) MOTOR #14: Z875 U.S. Motor 700 H.P. 3 Phase 4160 Volts PUMP: Simflo Vertical Turbine 8958 G.P.M. MOTOR CONTROLS: Benshaw Motor Controls CONTROL VALVES: Val Matic Surge Buster 24" and # 7224 Swing check YEAR: 1999 HRS 23,829 (as of 9/28/15) MOTOR #15: Z875 U.S. Motor 700 H.P. 3 Phase 4160 Volts PUMP: Simflo Vertical Turbine 8958 G.P.M. MOTOR CONTROLS: Benshaw Motor Controls CONTROL VALVE: Val Matic Surge Buster 24" and # 7224 Swing check YEAR: 1999 HRS 16,974 (as of 9/28/15) Exhibit A Page 28 of 40 MOTOR #16: Z875 U.S. Motor 700 H.P. 3 Phase 4160 Volts PUMP: Simflo Vertical Turbine 8958 G.P.M. MOTOR CONTROL: Benshaw Motor Controls CONTROL VALVE: Val Matic Surge Buster 24" and #7224 Swing check YEAR: 1999 HRS 17,451 (as of 9/28/15) MOTOR #20: Z875 G.E. Motor 800 H.P. 3 Phase 4160 Volts PUMP: Johnston Vertical Turbine 8958 G.P.M. MOTOR CONTROL: Benshaw Motor Controls CONTROL VALVE: Crispin 24" Hydraulic Swing Arm YEAR: 2002 HRS 17,865 (as of 9/28/15) MOTOR #21: Z875 G.E. Motor 800 H.P. 3 Phase 4160 Volts PUMP: Johnston Vertical Turbine 8958 G.P.M. MOTOR CONTROL: Benshaw Motor Controls CONTROL VALVE: Crispin 24" Hydraulic Swing Arm YEAR: 2002 HRS 18,894 (as of 9/28/15) Surge Valves SURGE VALVE Bermad 18" Rebuilt 2014 SURGE VALVE Bermad 18" New 2015 C,anaratnrc GENERATOR# 00705 Year 2000 s/n 6HN00411, Class R05DZDOZZZ, Model 3518B, 1750 kW HRS 192 (as of 9/28/15) GENERATOR#00706 Year 200 s/n 6HN00410, Class R05DZOZZZ, Model 3518B, 1750 kW HRS 1192 (as of 9/28/15) GENERATOR# 10768 Year 2010 Cummings s/n ISOC153868, HRS 398 Class RO5DZDOZZZ, Model DSFAE-5714105, 80 kW Exhibit A Page 29 of 40 STADIUM PUMP STATION 6601 Alma Drive Rehabbed 2015 MOTOR #1: Z795 U.S., 100 H.P., 480 Volts, 3 Phase PUMP: Weir Floway #75372-1-1, 2100 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton KT3300T Breaker, 3 pole 300 Amp. CONTROL VALVE: 12" Valmatic Surge Buster YEAR: 2015 HRS MOTOR #2: Z795 U.S., 200 H.P., 480 Volts, 3 Phase PUMP: Weir Floway #75372-5-1, 3500 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +T30P35,95-304A Soft Starter BREAKER: Eaton LT3600T 3 pole 600 Amp CONTROL VALVE: 14" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #3: Z795 U.S., 250 H.P.,480 Volts, 3 Phase PUMP: Weir Floway #75372-9-1, 4900 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +V42P35 131-420A, Soft Starter CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #4: Z795 250 H.P., 480 Volts, 3 Phase PUMP: Weir Floway #75372-9-2 4900 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811+V42P35 131-420A Soft Starter CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #5: Z795 U.S., 100 H.P., and 480 Volts, 3 Phase PUMP: Weir Floway # 75372-1-2, 2100 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +T18P35 56-180A Soft Starter CONTROL VALVE: 12" Valmatic Surge Buster YEAR: 2015 HRS MOTOR #6: Z875 U.S., 300 H.P., 480 Volts, 3 Phase Vertical PUMP: Weir Floway #75382-13-1, 3600 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811+V42P35 131-420a Soft Starter CONTROL VALVE: 16" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #7: Z875 U.S., 200 H.P., 480 Volts, 3 Phase PUMP: Weir Floway #75372-17-1, 2400 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +T30P35 95-304A Soft Starter BREAKER: Eaton LT3600T 3pole 600 amp CONTROL VALVE: 14" Clay Valve YEAR: 1984 HRS 77,341 (as of 5/21/13) Exhibit A Page 30 of 40 MOTOR #8: Z875 300 H.P., 480 Volts, 3 Phase PUMP: Johnston 3500 G.P.M., Vertical Turbine Mech. Seal MOTOR CONTROL: G.E. Size 6 Starter - Breaker 1200 Amp CONTROL VALVE: 12" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #92875 U.S., 450 H.P., 480 Volts, 3 Phase PUMP: Weir Floway # 75372-21-1, 5400 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +V65P35 203-650A Soft Starter CONTROL VALVE: 18" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #10: Z875 U.S., 450 H.P. 480 Volts, 3 Phase PUMP: Weir Floway #75372-21-2, 5400 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +V65P35 203-650A Soft Starter CONTROL VALVE: 18" Valvematic Surge Buster YEAR: 2015 HRS MOTOR #11: Z875 U.S., 450 H.P., 480 Volts, 3 Phase PUMP: Weir Floway # 75372-21-3, 5400 G.P.M., Vertical Turbine MOTOR CONTROL: Eaton 5811 +V65P35 203-650A Soft Starter CONTROL VALVE: 18" Valvematic Surge Buster YEAR: 2015 HRS SURGE VALVE SURGE VALVE Surqe Valve Generators GENERATOR#15730 #2 Year 2015 Caterpillar, Ser# YBDO0219 Model MX-250 277/480 volt 3 ph 1500 kw GENERATOR#15731 #1 Year 2015 Caterpillar, Ser# YBDO0218 Model MX-250 277/480 volt 3 ph 1500kw Exhibit A Page 31 of 40 SHILOH PUMP STATION 1405 Del Sole Dr Rehabbed 5/2010 MOTOR #1: Z795 US Motors, Model# 08698130-100, ID# P088698130 - 0001M0001 125 H.P., 460Volt, 3 phase, 140 amps, 60 Hz PUMP-2148 gpm Aurora, s/n09-1857536-4, Split Case, Mech. Seals, size 5x6x17, Type 411 BF, head 175ft, rpm 1750 MOTOR CONTOL: G.E. Evolution series E9000, CK08CE300, 175amp, 600v ac max, 50/60 hz, 460 volt, 3phase CONTROL VALVE: Valmatic Swing -Flex, 8in, cwp 250psi YEAR: 2010 HRS 22,815 (as of 9/28/15) MOTOR #2: Z795 US Motors, Model# 08698131-100, ID# P088698131- 0001 M0002, 125 H.P., 460Volt, 3 phase, 140 amps, 60 Hz PUMP-2148 gpm Aurora, s/n09-1857536-3, Split Case, Mech. Seals, size 5x6x17, Type 411 BF, head 175ft, rpm 1750 MOTOR CONTOL: G.E. Evolution series E9000, CK08CE300, 175amp, 600v ac max, 50/60 Hz, 460 volt, 3phase CONTROL VALVE: Valmatic Swing -Flex, 8in, cwp 250psi YEAR: 2010 HRS 23,225 (as of 9/28/15) MOTOR #3: Z795 US Motors, Model# 08698131-100, ID# P088698131- 0001 M0001, 125 H.P., 460Volt, 3 phase, 140 amps, 60 Hz PUMP:2148 gpm Aurora, s/n09-1857536-2, Split Case, Mech. Seals, size 5x6x17, Type 411 BF, head 175ft, rpm 1750 MOTOR CONTOL: G.E. Evolution series E9000, CK08CE300, 175amp, 600v ac max, 50/60 Hz, 460 volt, 3phase CONTROL VALVE: Valmatic Swing -Flex, 8in, cwp 250psi YEAR: 2010 HRS 21,153 (as of 9/28/15) MOTOR #4: Z795 US Motors, Model# 08698131-100, ID# P088698131- 0001 M0003, 125 H.P., 460Volt, 3 phase, 140 amps, 60 Hz PUMP:2148 gpm Aurora, s/n09-1857536-1, Split Case, Mech. Seals, size 5x6x17, Type 411 BF, head 175ft, rpm 1750 MOTOR CONTOL: G.E. Evolution series E9000, CK08CE300, 175amp, 600v ac max, 50/60 Hz, 460 volt, 3phase CONTROL VALVE: Valmatic Swing -Flex, 8in, cwp 250psi YEAR: 2010 HRS 21,624 (as of 9/28/15) Exhibit A Page 32 of 40 Surqe Valve SURGE VALVE Watts ACV 8", Fig# MF116-52, Assem. # 5946859 Generator GENERATOR #1707 Caterpillar s/n 3FZ01912, class R05DZDOZZZ, 600 Kw YEAR: 2000 HRS 132 (as of 9/28/15) BY- PASS South By -Pass Clay valve 8", Cat# 980-0113SY, Stock# 90-01-559E, Cod#D12 2000 Hedgcoxe By -Pass Ross 24" Model# 40WWR-BP-SO,Serial# L00576, Inlet- 85psi, Outlet 55- 59psi, 40WR Pilot (reducing) setting-50psi, 50RWR Pilot (Back Pressure Sustaining) Setting -75psi, Solenoid- 821 OG35 120v Rebuilt 2015 Ross 10" Model 40WR-BP-SO, Serial# L00577, Inlet-85psi, Outlet 55- 59psi, 40WR Pilot (Reducing) setting- 55psi, 50RWR Pilot (Back Pressure Sustaining) Setting-75psi, Solenoid- 821 OG35 120v Rebuilt 2015 Exhibit A Page 33 of 40 ELEVATED TANKS Preston Elevated Tank 4301 W. Plano Parkway Year 1982 VALVE: 24" Butterfly OPERATOR: Rotork Electric Motor operator SIZE: 2 mg ZONE: 875 Coit Elevated Tank 3620 Spring Creek Pkwy Year 1979 VALVE: 24" Butterfly Replaced 2014 OPERATOR: EIM Electric Motor Operator Replaced 2014 SIZE: 1.5 mg ZONE: 875 Dallas North Elevated Tank 2409 Plano Pkwy Year 1964 VALVE: 20" Butterfly Replaced 2012 OPERATOR: EIM Motor operator Replace 2012 SIZE: 1 mg ZONE: 795 Parker Elevated Tank 830 Lexington Dr Year 1970 VALVE: 24" Butterfly Replaced 2014 OPERATOR: EIM Electric Motor Operator Replaced 2014 SIZE: 1.5mg ZONE: 795 Spring Creek Elevated Tank 6405 Dodge Ct Year 1978 VALVE: 24" Butterfly Replaced 2011 OPERATOR: EIM Motor Operator SIZE: 1.5mg ZONE: 795 Replaced 2011 Exhibit A Page 34 of 40 Southeast Elevated Tank 940 Stewart Ave Year 1978 VALVE: 24" Butterfly OPERATOR: EIM Electric Motor Operator 2008 SIZE: 2mg ZONE: 795 Jupiter Elevated Tank 4001 Jupiter Rd Year1988 VALVE: 24" Butterfly OPERATOR: Limitorque Electric Motor Operator SIZE: 2mg ZONE: 795 Parkwood Elevated Tank 6100 Bishop Rd Year1992 VALVE: 24" Butterfly OPERATOR: Limitorque Electric Motor Operator SIZE: 2mg ZONE: 875 Wentworth Elevated Tank 2806 Browning Dr Year 1999 VALVE 20" Butterfly BYPASS VALVE 12" Gate OPERATOR E.I.M. Electric Motor Operator BYPASS OPERATOR E.I.M. Electric Motor Operator SIZE: 2mg ZONE: 875 Tennyson Elevated Tank 6825 Communications Pkwy Year 1996 VALVE 24" Butterfly BYPASS VALVE 12"Butterfly OPERATOR Limitorque Electric Motor Operator BYPASS OPERATOR E.I.M. Electric Motor Operator SIZE: 2mg ZONE: 875 Exhibit A Page 35 of 40 MOTOR #1: MOTOR CONTROL PUMP: YEAR: 2012 WASTE WATER LIFT STATIONS Sherrye Lift Station 3508A Sherrye Dr Rehabbed 7/2012 Baldor, spec 34AO63-0284 2 H.P., 240 Volts, 3 Phase, 3450 RPM ITE, 15 Amp. Hydromatic/grinder Model—PG200M, S/N-G00133520 24GPM HRS 453 (9/28/15) MOTOR #2: Baldor, spec 34AO63-02842 H.P., 240 Volts, 3 Phase, 3450 RPM MOTOR CONTROL: ITE, 15 Amp. PUMP: YEAR: 2012 Hydromatic/grinder Model-PG200M, S/N 000133521 24GPM HRS (9/28/15) Legacy Lift Station 7803 Parkwood Blvd; Year 2010 MOTOR #1: Baldor, 15HP, 208 Volt, 3 phase PUMP: Cornell, 525 GPM,Model 4NNT-V Ser # 1611303.5 MOTOR CONTROL: Cutler Hammer 100 Amps, 3 Phases, Starter size 3 CONTROL VALVE: Kennedy Clow 4 inch HRS 1,562 (as of 9/28/15) MOTOR #2: Baldor, 15HP, 208 Volt, 3 phase PUMP: Cornell, 525 GPM,Model 4NNT-V Ser # 1611303.5 MOTOR CONTROL: Cutler Hammer 100 Amps, 3 Phases, Starter size 3 CONTROL VALVE: Kennedy Clow 4 inch HRS 1,561 (as of 9/28/15) GENERATOR #10770 Year 2010 Kohler- John Deere, Model # 60REOZJC, SER# 2280536 3 phase, 230 Volts, 60 KW, 75 KVA, 71 AMPS HRS 86 (as of 9/28/15) Exhibit A Page 36 of 40 "J" Place Lift Station 517 J Place Rehabbed 3/2014 MOTOR #1: Baldor 7.5 HP, 208 Volt, 3 Phase PUMP: 4 Inch, 650 GPM @ 30ft TDH, 10 Inch impeller HRS 800 (as of 9/28/15) Pump on: 4.31ft Pump off: 1.72ft 211 Pump on 5.31ft High level 6.31ft Manhole top 25.5ft MOTOR #2: Baldor 7.5 HP, 208 Volt, 3 Phase PUMP: 4 Inch, 650 GPM @ 30ft TDH, 10 Inch impeller HRS 785 (as of 9/28/15) Generator: 40KW Diesel Cat Diesel HRS 28 (as of 9/28/15) Billingsly Lift Station 6500 International Dr Rehabbed 03/2019 MOTOR # 1 Baldor Reliance 1 HP 115/230 volts MOTOR # 2 Baldor Reliance 1 HP 115/230 volts PUMPS Oyeomans series 6000 model 4207 CONTROLLERS Primex 120/240 60HZ 1 phase 3 wire Mapleshade Lift Station 4310 Mapleshade Ln Year 2010 MOTOR # 1: U.S. 150 HP, 460 Volts 3 Phase HRS 1,556 (as of 9/28/15) PUMP: Paco, 2600 G.P.M. Mech Seal MOTOR CONTROL: Cutler Hammer, 250 Amp, Size 5 Starter CONTROL VALVE: Surge Buster 12 Inch, Header Pipe 18 Inch MOTOR #2: U.S. 150 HP, 460 Volts 3 Phase HRS 1,483 (as of 9/28/15) PUMP: Paco, 2600 G.P.M. Mech Seal MOTOR CONTROL: Cutler Hammer, 250 Amp, Size 5 Starter CONTROL VALVE: Surge Buster 12 Inch, Header Pipe 18 Inch MOTOR #3 U.S. 150 HP, 460 Volts 3 Phase HRS 1,727 (as of 9/28/15) PUMP: Paco, 2600 G.P.M. Mech Seal MOTOR CONTROL: Cutler Hammer, 250 Amp, Size 5 Starter Exhibit A Page 37 of 40 CONTROL VALVE: Surge Buster 12 Inch, Header Pipe 18 Inch SURGE RELIEF G.A. Industries CO. # ANDY Fig. # 626DS, Shop # 093005, Ref. # 125 GENERATOR #10769 Year 2010 Cummins Model DFEJ-1110029, Ser #1090035322/spec F 3 phase, 450 KW, 562.5 KVA, 460 volt, 706 amps HRS 188 (as of 9/28/15) Legacy West Lift Station 8235 Dallas Pkwy Motor 1, 2 and 3 KSB Model KRT K150 80 HP 2300OPM Valves Surge Buster 10' Model 7210 2502 psi valve Matic Motor Control GE Evolution Series E9000 800 Amp 480 Volt # Phase 4 Wire 60 HZ Generator CAT 2017 KW 400 Exhibit A Page 38 of 40 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Maintenance 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Offeror: Proposed Term Item Description Price Estimated Quantity Extended 1 Labor - (lead) Electrical Related Repairs Per Hour 238.5 $ - 2 Labor - (helper) Electrical Related Repairs Per Hour 100 $ - 3 Labor - (lead) Mechanical Related Repairs Per Hour 654.5 $ - 4 Labor - (helper) Mechanical Related Repairs Per Hour 654.5 $ - 5 Additional Equipment Combo Jet -Vac truck Per Hour 50 $ - 6 Additional Equipment Mobil Crane - 30 ton Per Hour 20 $ - Sub -Total $ - 7 Minimum Service Charge Per Job Markup Estimated Annual Value Extended 8 Material/outside services Overhead percent charged above your invoiced amounts. Percent $ 22,000.00 $ 22,000.00 g Material/outside services Profit percent charged above your invoiced amounts. Percent $ 22,000.00 $ 22,000.00 Sub -Total $ 44,000.00 Total $ 44,000.00 Fill in all mandatory fields on tab named "2021-0125-AC Cost Sheet", which are colored blue. The total cost will be calculated for you. Enter the total cost in IonWave on line item 1. Upload cost sheet in Response Instructions: Attachments or provide a copy with a paper submission. Exhibit A Page 40 of 40 Legacy Contracting, LP dba CON'r L SPECIALIST Services L.P. PO Box 1479 * 4916 East Hwy 380 Phone: 940-626-1415 Decatur, TX 76234 FAX: 940-626-1486 City of Plano Water and Wastewater Pumping Equipment Repair and Maintenance Additional Information BAFO for 2021-0125-AC Please include the below statement as part of our BAFO for the subject contract evaluation. • 115% Performance Bond Cost 9,250.00 plus 10% Markup = $10,175.00 Will provide copy of Invoice from Surety Company Thank you, George Brown, President Control Specialist Services georgeb@csi5.com July21, 2021 Exhibit B Page 1 of 16 CD m Offeror: Proposed Term 2021-0125-AC BAFO for RFP for Water and Wastewater Pumping Equipment Maintenance Legacy Contracting, Ip dba Control Specialist, Ip 1 year plus 4 renewals Item 1 Description Labor - (lead) Electrical Related Repairs Labor- (helper) Electrical Related Repairs Cost Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Per Day Per Job Percent Percent $105.00 $50.00 $105.00 $50.00 $245.00 $185.00 $233 $233 $150 $0 15.00% 20.00% Estimated Quantity 238.5 100 654.5 654.5 50 20 1 1 1' 1 Extended $ Price 25,042.50 2 $ 5,000.00 3 Labor- (lead) Mechanical Related Repairs $ 68,722.50 4 Labor - (helper) Mechanical Related Repairs $ 32,725.00 5 Additional Equipment Combo Jet -Vac truck $ 12,250.00 6 Additional Equipment Mobil Crane - 30 ton Estimated Annual Total After Hour Emergency 2-man crew for Electrical and Mechanical Crews (after 5PM and before 7AM and weekends) Hours Emergency 2-man crew Transportation, Energy Cost Minimum Service Charge Material/outside services Overhead percent charged above your invoiced amounts. $ 3,700.00 $ 147,440.00 7 $ 233.00 8Holiday 9 10 $ 233.00 $ 150.00 $ - 11 12 jabove Material/outside services Profit percent charged your invoiced amounts. Page 1 of 1 Legacy Contracting, LP dba 0ITROI SPECIILIST Services L.P. PO Box 1479 * 4916 East Hwy 380 Phone: 940-626-1415 Decatur, TX 76234 FAX: 940-626-1486 June 28,2021 City of Plano Water and Wastewater Pumping Equipment Repair and Maintenance PROPOSALRESPONSE Control Specialist Services, LP has been in the Water and Wastewater service and repair business since 1974. From 1974 to 2006 as Control Specialist, Inc. then Legacy Contracting, LP dba Control Specialist Services, LP since 2006. Same ownership and same people for many years. Over the years CSS has developed unique skills in the service business, being capable of more than a few areas of work that are typically specialized by individual companies. CSS employs and trains its employees for the unique tasks involved with emergency response work. CSS capabilities cover each requirement listed in proposal and more. Our inhouse capabilities include but not limited to: • Electrical control and power troubleshooting and repair • Electrical work of all types related to service and repairs • Instrument and Flow Meter Calibrations and reporting • Flow meter change outs • Valve work of all types. Omitting none • Pipe and valve work and change outs of all types • Pump service and repair of all types • Pump flow testing • Inhouse vibration testing of pumps and motors • Wastewater pump repairs • Confined Space trained • Fall protection trained • Competent Person excavation safety • Gas detection equipment, calibration • * Emergency Response Always" Key Personnel listed in Attachment References listed in proposal, many more available upon request. CSS subcontracts very little of its work. Typical subcontracted work includes. • Large motor rewinds and repair. We remove and install • Some machine shop work when needed. Exhibit B Page 3 of 16 Legacy Contracting, LP dba C0ITROL SPECIALIST Services L.P. PO Box 1479 * 4916 East Hwy 380 Phone: 940-626-1415 Decatur, TX 76234 FAX: 940-626-1486 City of Plano Water and Wastewater Pumping Equipment Repair and Maintenance Additional Information to proposal; Add line Item on Pricing sheet for after hours, weekends and Holidays. After hours will be after 5:OOpm and before 7:OOam, and weekends. Pricing for both Electrical and Mechanical crews After Hours Emergency 2-man crew= 240.00 per hour Holliday Hours Emergency 2-man crew= 320.00 per hour Add Line item: Transportation, Energy cost = 150.00 per day Jet vac truck pricing does not cover mobilization costs or disposal fees as they are unknown, only onsite costs per hour during regular business hours. Exhibit B Page 4 of 16 Legacy Contracting, LP dba CONTROL SPECIALIST Services L.P. PO Box 1479 * 4916 East Hwy 380 Phone: 940-626-1416 Decatur, TX 76234 FAX: 940-626-1486 July 13, 2021 City of Plano Water and Wastewater Pumping Equipment Repair and Maintenance Key Personnel Relevant Work History The following is a list of key personnel for the Plano Service Contract. All technicians are certified Confined Space competent, Cla-Val certified, GA valve certified, certification documents, attached. Our crews conduct safety meetings at least weekly. George Brown, President: Mr. Brown grew up working at Control Specialist as a teen ager in the 70's. Learned thru practical experience how to rebuild pumps, valves and just about any equipment that moves or treats water or wastewater. George left Control Specialist in 1988 to work for a large contractor engaged in pipeline and treatment plant construction. George worked his way thru the ranks as Foreman all the way to head Project Manager and Estimator. George returned to Control Specialist in 1996 to purchase the company. Since then, the company has continued to nurture and improve its service and repair business. Control Specialist today is probably the most experienced service company around in all types of valve repairs, pump repairs, confined space entry, electrical controls and instruments, along with a host of services within water and wastewater industry. Our long history of continuous work with several cities speaks to our commitment to the service industry for our clients. Ray Reaves, Service Manager: Mr. Reaves has been with CSS since 1993, Service Manager since 2008. 1993-2008, Lead Service Technician. Oversee service projects at multiple sites across Dallas/Ft. Worth area. Primary responsibilities include: Starting -Up Pumps and Systems. Training end -users onsite as to the correct operation of their pumps and systems. Overnight travel to areas where installs and repairs are performed. Install motors, valves, actuators and submersible pumps. Order parts as necessary for repair work. Schedule, price and prioritize install and repair work. Custodian of company trucks, tools, equipment and supplies. Project bid support to company President. Ability to work closely with Control Technicians and Sales Representatives. Technical Skills: Over 28 years' experience with various pumps and control valves. Capable of performing maintenance and repairs on pumps and auxiliary equipment. Open and inspection of pumps an understanding of design and construction of all major pump manufacturers. Capable of using Micrometers, ID, OD and recording as found details and assembly details. Capable of inspection, estimating the cost of repair of the equipment back to OEM Standards. Troubleshooting of the electrical panels, starter, motors and valves. Capable of producing quality repairs and installation to exceed customers' expectations. Have machining capabilities i.e., engine lathe, vertical mill, drill press and welders. Exhibit B Page 5 of 16 Aaron Holt, Senior Lead Technician: Mr. Holt has been with CSS since 2009 and has become our top lead technician for the company. Mr. Holt has a very high intelligence level and very capable of mastering anything thrown at him. Mr. Holt holds a Journeyman Electrician License (will get Masters) and is certified with every valve CSS works on. Mr. Holt is extremely reliable and knowledgeable on electrical, pumps, valves, confined space entries and anything related to hydraulics within a system. Mr. Holt has developed a reputation with just about every customer we have requesting his services, often. Arron is a very capable leader of the crews with a great disposition and clarity during difficult emergency repair situations. He has the ability asses and price all types of repair work on his own. Mr. Holt is in line to become our number one man at the company in the future. Copy of Aarons Journeyman license is attached Greg Stutz, Master Electrician: Mr. Stutz has been with CSS since 2011, and holds a Master Electrician License, attached. Greg has been an electrician and working specifically on controls and instruments for over 21 years. He is our go to guy for difficult electrical control problems. He is adept at all brands of switchgear, instruments, meters and controls. Greg also is capable and willing to work on all valves when called upon. Greg helps teach the employees the proper techniques of basic electricity and how to wire motors and such. Greg has an impeccable safety record. He also is Confined Space competent. Greg performs most of our meter calibrations and reporting. He also is competent at motor, pump vibration analysis, reporting and correction, among other talents in the field. Dylan Vincent, Lead Service Tech.: Mr. Vincent has been with CSS since 2017. He was previously a Maintenance Supervisor for a concrete mix company. Since joining CSS, Dylan has coupled his talents learning how to work on various pumps, valves and mechanical equipment. He performs light electrical work. i.e., installing and wiring motors. Dylan has the ability to weld and fabricate metal with a high degree of competence. He is confined space trained and valve certified. David Robinson, Service Lead/Helper: Mr. Robinson has been with CSS since 2012. He was previously in the heavy equipment repair business. David is capable and versatile at being a lead technician for mechanical pump/valve repairs. He is in line for the next lead tech position when available. He has extensive knowledge in vertical turbine pumps, pump control valves, sewage pumps, sewage valves anc confined space entries. Exhibit B Page 6 of 16 Dustin Wright, Helper Service Technician: Mr. Wright has been with CSS just under one (1) year. He came from a diverse background of electrical, instrument and cellular business. Dustin is very talented at instrument piping, controls installation. He has proven to be quite capable and willing to work on anything needed. He has proven to be very mechanically inclined as well. We look forward to Dustin becoming a lead technician in the future. Cameron Robertson — Helper Service Technician Mr. Robertson has been with CSS just under one (1) year. He came to CSS as a diesel mechanic, where he was the Lead Mechanic in their shop. Cameron has proven capable of quickly learning the mechanical aspects of our work on pumps, valves and mechanical devices. He is interested in the service and repair business and shows capabilities to handle pressure and work well with others. CSS looks forward to Cameron's growth with company. Gary Brooks, Sales, Service Rep Mr. Brooks has been with CSS since 2017. Gary has more than 42 years in the pump business Previous relevant work history: Service Manager, Grundfos/Paco/Johnston Pump: 1992 - 2010 Service Manager, DXP Pump: 2010 — 2015 Service Sales, C & P Pump: 2016- 2017 Worked various jobs in the pump business prior to 1992 Gary works mostly on sales for the company, but helps with other aspects of the pump business like proper sizing and retrofits to existing pumps, best applications for certain types of pumps and anything pump related, Gary has seen a great deal in his career and we utilize his knowledge. Gary is a great guy to have when unusual pumping anomalies occur, his experience is worth a great deal Exhibit B Page 7 of 16 Legacy Contracting, LP dba '_Zr- �-- CO- OL SPECL�L T Services L.P. PO Box 1479 * 4916 E Hwy 380 Phone: 940-626-1415 Decatur, TX 76234 FAX: 940-626-1486 SERVICE PERSONNEL EXPERIENCE The following is a list of service personnel qualified to perform service work for the City of Plano. George Brown, Principal 42+ Yrs. Exp Ray Reaves, Manager 37+ Yrs. Exp Greg Stutz, Master Electrician 20+ Yrs. Exp Aaron Hoft, Journeyman Electrician 11+ Yrs. Exp Dylan Vincent, Lead Service Tech 5+ Yrs. Exp. David Robinson, Helper 7+ Yrs. Exp. Gary Brooks. Sales & Service 45+ Yrs Exp Cameron Robertson. Helper 1+ Yrs. Exp Dustin Wright, Helper 1+ Yrs. Exp. Detailed resumes available upon request. DLAL' H L AUTOMATIC CONTROL VALVES CLA-VAL' To Whom it may concern: Control Specialist /Legacy Regards, Tracy S CLA-VAL CO. April 10, 2014 is an authorized service provider for Cla-Val products in North Texas. DALLAS - 8707 Forney Road, Dallas, TX 75227 - Phone 214-388-3493 - Fax 214-381-9579 Exhibit B Page 9 of 16 Golden Anderson Valve Service Certification of Installtion/Service/Repairs As the Representative for Golden Anderson Valves in Texas, This letter certifies that Legacy Contracting, LP dba Control Specialist Services, L.P. 940-626-1415 940-626-1486 Fax PO Box 1479 Decatur, TX 76234 www.csi5.com Are certified to perform installation(s)/service to Golden Anderson Valves. If there are any additional information needs and/or any further questions please contact: Environmental Improvements 517 N. Kealy Lewisville, Tx 75057 972-436-2536-ofc 214-422-4747-cell Regards, Jason Pittsinger 11412016 Exhibit B Page 10 of 16 Exhibit B Page 11 of 16 STATE OF TEjCA9 GLEN AARON HOLT , JOURNEYMAN ELECTRICIAN W� ��� LICENSE NUMBER 632342 EXPIRES 0,410612022 TEXAS DEPARTMENT OF LICENSING AND REGULATION Exhibit B Page 12 of 16 GREGORY A STUTZ h7ASTFR FLECTFICIAN t� LICENSE NUMBER, 289317 EXPIRES 07P16l2022 t Exhibit B Page 13 of 16 2021-0125-AC RFP for Water and Wastewater Pumping Equipment Repair and Maintenance Offeror: Legacy Contracting, Ip dba Control Specialist Services, Ip Proposed Term 1 year plus 4 renewals Item Description 1 Labor - (lead) Electrical Related Repairs 2 Labor - (helper) Electrical Related Repairs 3 Labor - (lead) Mechanical Related Repairs 4 Labor - (helper) Mechanical Related Repairs 5 Additional Equipment Combo Jet -Vac truck 6 Additional Equipment Mobil Crane - 30 ton 7 Minimum Service Charge 8 Material/outside services Overhead percent charged above your invoiced amounts. 9 Material/outside services Profit percent charged above your invoiced amounts. A X O Q Cj Per Hour Per Hour Per Hour Per Hour Per Hour Per Hour Price $ 105.00 $ 50.00 $ 105.00 $ 50.00 $ 245.00 $ 185.00 Estimated Quantity 238.5 100 654.5 654.5 50 20 Sub -Total Extended $ 25,042.50 $ 5,000.00 $ 68,722.50 $ 32,725.00 $ 12,250.00 $ 3,700.00 $ 147,440.00 Per Job 4 hours Markup Estimated Annual Value Extended Percent 15.00% $ 22,000.00 $ 25,300.00 Percent 20.00% $ 22,000.00 $ 26,400.00 Sub -Total $ 51,700.00 Total $ 199,140.00 EXHIBIT A CLIENT WORK HISTORY City of Plan List all references for Qnftr1da& similar in scope. ep en ane 972-769-4277 Client Name: s.RGB 1976 Contact Name: P%qean7JVts%war fer Dates of Service: Brief description of service provided: Client Name: Contact Name: pWanNsye, WaeN. Dates of Service: Brief description of service provided: 972-7444100 Client Name: pC}ontac7t*Name: 1Na�enanciaqLai: . Dates of Service: Brief description of service provided: 254-559-5891 4. Client Name: pC}ontactNName: Wa�enanci WasjLa�br Dates of Service: Brief description of service provided: 972-370-2741 5. Client Name: pC�onntactt Nllta�tmet:' 1NaCenanc7 Wasfe star Dates of Service: Brief description of service provided: x In the last three years, have you been released or removed from a job prior to the job being completed? YES NO If yes, give reason(s) Exhibit B Page 15 of 16 Vendor Acknowledgment Form The undersigned hereby certifies that he/she understands the specifications, has read the document in its entirety and that the prices submitted in this bid/proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any or all products/services upon which prices are extended at the price offered, and upon conditions in the specifications th Inv tatio or BBid�pro o aL legacy onetracting, E dba Con�ro� Specialist Services, LP The following information must be filpqytg6i�tjgpiaty for your proposal to be considered. Company Name: 4916 East Hwy 380, Decatur, TX 76234 Address of Principal Place of Business: 940-626-1415 (p); 940-626-1486 (f) Phone/Fax of Principal Place of Business: r m e Address, Phone and Fax of Majority Owner Principal Place of Business: georgeb@csi5.com E-mail Address of Representative: President Authorized Representative:06/25/2021 Signature: Title: George Brown Date: Printed Name: ❑ ❑ ❑ ❑ ❑ 0 Acknowledgement of Addenda: #1 #2 #3 #4 #5 96 Exhibit B Page 16 of 16 CITY OF PLANO GENERAL CONTRACTUAL INSURANCE REQUIREMENTS Vendors/Contractors performing work on City property for the City of Plano shall provide the City a certificate of insurance evidencing the coverage's and coverage provisions identified herein. Vendors/Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of insurance as required herein or that the subcontractors are included under the vendors/contractor's policy. The City, at its discretion, may require a certified copy of the policies, including all relevant endorsements. Listed on the following pages are the types and amounts of insurance required. General Requirements Applicable to All Insurance 1. The vendor/contractor shall obtain and maintain the minimum insurance coverage set forth in this section during the entire contract period. 2. The vendor/contractor agrees that the insurance requirements specified herein do not reduce the liability vendor/contractor has assumed in any indemnification/hold harmless section of the contract. 3. Coverage shall be on a primary basis and non-contributory with any other insurance coverage and/or self-insurance carried by City. 4. Vendor/contractor is responsible for providing the City a minimum of 30 days' notice of a material change or voluntary cancellation of insurance coverage required under this contract and notice within 10 days of any notice of termination no matter the cause. 5. Where indicated as required, "The City of Plano, the City Council and its members, the City's agents, officers, directors, and employees shall be included as an additional insured under all insurance coverage required." (This statement must be in the Description of Operations/Locations/Vehicles Section of the ACORD 25 Form). 6. Endorsements for certain coverages may be required, see the following pages for coverages requiring endorsements. Evidence of Insurance Required Prior to commencement of work, and thereafter upon renewal or replacement of coverage required by this contract, vendor/contractor shall furnish City a Certificate(s) of Insurance (COI) on a form approved by the Texas Department of Insurance and signed by an authorized representative of each insurer. The COI shall contain the following information and accompany required endorsements as identified (see #3, #5 and #6): • List each insurer's NAIC Number or FEIN • State the following in the Certificate Holder Section: The City of Plano Risk Management Division 1520 K Avenue, Suite 117 Plano, Texas, 75074 PPM Revised 01.27.2020 Exhibit C Page 1 of 5 General — Maintenance Insurance Requirements 1 � i r Auto Limit per Accident or Combined Single Limit 1,000,000 Major Coverage to include "Owned, Non -Owned, and Hired" automobiles. Major Self -Insured Retention Declared & Approved Major Additional Insured Major Waiver of Subrogation Major Primary & Non -Contributory Major Project number and name/description must be included. Major AM Best Rating A- (Excellent) Major 30 Day NOC Major "The City, City Council & its members, City's agents, officers, directors & employees" shall be included as additional Major insured. General Liability Limit per Accident or Combined Single Limit 1,000,000 Major Limit per Occurrence 1,000,000 Major Aggregate Limit 2,000,000 Major Personal & Advertising Injury Limit 1,000,000 Major Products & Completed Operations Limit 2,000,000 Major Self -Insured Retention Declared & Approved Major Additional Insured Major Waiver of Subrogation Major Primary & Non -Contributory Major Project number and name/description must be included. Major 30 Day NOC Major AM Best Rating A- (Excellent) Major "The City, City Council & its members, City's agents, officers, directors & employees" shall be included as additional Major insured. Pollution Liability Limit per Accident or Combined Single Limit 1,000,000 Major Aggregate Limit 1,000,000 Major Self -Insured Retention Declared & Approved Major Additional Insured Major Waiver of Subrogation Major Primary & Non -Contributory Major Project number and name/description must be included. Major AM Best Rating A- (Excellent) Major 30 Day NOC Major "The City, City Council & its members, City's agents, officers, directors & employees" shall be included as additional Major insured. Workers Compensation Employers Liability Limit 1,000,000 Major m X Limit Meets WC Statutory Minimum Major o_Q Self -Insured Retention Declared & Approved Major (nn I Coverage Requirement Details Imp)rtance Primary & Non -Contributory .... Major Project number and name/description must be included. Major 30 Day NOC ._ _ .. Major AM Best Rating A- (Excellent) Major m m cn CDX w o v Cnn 40 �® AC CERTIFICATE OF LIABILITY INSURANCE DATE (MMDD/YYYY) �V�R 8/12/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Caitlin O'Grady Eustis Insurance & Benefits, a Marsh & McLennan Agency LLC Company PHONE FAX 504-586-3075 A/C No): 504-565-5219 ADDRESS: caitlin.o'grady@marshmma.com 110 Veterans Memorial Blvd. Ste 200 INSURERS AFFORDING COVERAGE NAIC # Metairie LA 70005 INSURERA: Aspen Speciality Insurance Co. 10717 INSURED INSURER B: Clear Blue Insurance Company 28860 Legacy Contracting LP dba Control Specialist Services L.P. PO Box 1479 INSURER C: Aspen Specialty Insurance Company 10717 INSURERD: Texas Mutual Ins. Co. 22945 Decatur TX 76234 INSURERE: Travelers Lloyds Insurance Com an 41262 INSURER F : COVERAGES CERTIFICATE NUMBER:270449404 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER POLICY EFF MMDD/YYYY POLICY EXP D MM D/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EROOLK921 4/13/2021 4/13/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FX] OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100.000 MED EXP (Any one person) $ 25,000 APPROVED & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 AugPERSONAL LAGGREGATELIMITAPPLIESPER: By David Salazar at 2:41 pm, A12, 2021 POLICY PRO ❑JECT LOC POTHER: PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY AQIYTX00069903 4/13/2021 4/13/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA LIAB OCCUR EXOOLKA21 4/13/2021 4/13/2022 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 0001199687 4/13/2021 4/13/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ N / A E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1.000,000 E Equipment QT6602F264152TLC21 4/13/2021 4/13/2022 Rented/Leased 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured form # ASPENV108 edition 09 17 applies to the General Liability policy. Additional Insured form # CA 20 01 edition 10 13 applies to the Automobile Liability policy. Additional Insured form # Q ADLIN-B edition 08 14 applies to the Automobile Liability policy. Waiver of subrogation form # Q WAIVER-B edition 0814 applies to the Automobile Liability policy. Waiver of subrogation form # WC 42 03 04 B applies to the Workers Compensation policy. Notice of Cancellation form # Q 30 DNOC edition 0814 applies to the Automobile Liability policy. The General Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the See Attached... Ls�:utiiL�cu= The City of Plano Risk Management Division 1520 K Avenue, Suite 117 Plano TX 75074 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Exhibit C Page 4 of 5 AGENCY CUSTOMER ID: LOC #: ACORN® AnnffinNm RFMARKS SCHFntj1 F Page 1 of 1 AGENCY NAMED INSURED Eustis Insurance & Benefits, Legacy Contracting LP dba Control Specialist Services L.P. PO Box 1479 POLICY NUMBER Decatur TX 76234 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE named insured and the certificate holder that requires such status. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy includes a (per schedule provided to carrier) notice of cancellation to the certificate holder endorsement, providing for (30) days' advance written notice if the policy is canceled by the company, or 10 days' written notice before the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. With respects to the above Auto policy, the certificate holder will be considered a loss payee if required by written contract, subject to terms and conditions of coverage forms CA 20 01 10 13 & CA 99 44 10 13, available upon request. With respects to the above Equipment policy, the certificate holder will be considered a loss payee if required by written contract. subject to terms and conditions of coverage form CM T5 60 0110, available upon request. Certificate holder includes: The City of Plano, the City Council and its members, the City's agents, officers, directors, and employees APPROVED By David Salazar at 2:41 pm, Aug 12, 2021 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit C Page 5 of 5 Bond #NTX7995 PERFORMANCE BOND STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That Legacy Contracting, LP dba Control Specialist Services, LP hereinafter called "Principal", and Merchants National Bonding, Inc. , a corporation organized and existing under the laws of the State of Iowa , and fully licensed to transact business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the CITY OF PLANO, TEXAS, a home -rule municipal corporation, hereinafter called "Beneficiary", in the penal sum of Five Hundred Thousand & 00/100 DOLLARS ($ 500,000.00 1 plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. This Bond shall automatically be Increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Plano City Council approved the expenditure for the Project described below on the 23rd day of August , 2021 , A.D. The Principal will enter into a certain written Contract with the Beneficiary, which will be made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Wastewater Pumpina Eauipment Repair and Maintenance RFP 2021-0125-AC Bond Term: one year from contract execution NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of substantial completion in accordance with the Contract Documents in said Contract; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform EdtW D Page 1 of 3 herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Collin County, Texas. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Texas Government Code Section 2253.001, et seq., and any other applicable statutes of the State of Texas. The agent identified below is hereby designated by the Surety herein as the Resident Agent in Collin County or Denton County, Texas, or other Texas location as approved by Beneficiary, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Texas Insurance Code Section 3503.003. two (2) IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the 23rd day of August , 2021 . Legacy Contracting, LP dba PRINCIPAL: Control Specialist Services, LP Address PO Box 1479, Decatur, TX 76234 Tel. No. (940) 626-1415 ATTES BY: TITLE: 0Qov"c,, -e ��� 1r p� e-<'; ATTEST: (�" \h I Connie Kregel, Witn s SURETY: Merchants National Bonding, Inc. Address PO Box 14498. Des Moines IA 50306 Tel. No. (515) 243-8171 j Je rey odd McIntosh TITLE: Attorney -in -Fact Exhlblt D Page 2 of 3 The Resident Agent of the Surety in Collin County or Denton County, Texas, or other Texas location as approved by Beneficiary, for delivery of notice and service of process is: NAME: Jeffrey Todd McIntosh STREET ADDRESS: 5055 W Park Blvd.. Suite 400 CITY, STATE, ZIP: Plano, TX 75093 For additional information on the above named Surety company you may contact the Texas Department of Insurance at (800)578-4677. NOTE: Date on Page 1 of Performance Bond must be same date that City Council approved the Contract expenditure. Date on Page 2 of Performance Bond must be after the date that City Council approved the Contract ex enditure. If Resident Agent is not a corporation, give a person's name. Exhibit D Page 3 of 3 M. E RC HAN T� BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Connie Jean Kregel; Jeffrey Todd McIntosh their true and lawful Atterney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates or. engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot he modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 -- .•'�,cIiNA1.� .•o�N� Cob,. ' •• MERCHANTS BONDING COMPANY MUTUAL r�� (tl?�l?0,- • �O•-�RPO99�9y� . MERCHANT NATIONAL BONDING, INC, ) -Z 2 -o- a:d: .�_2 v`. 2003 �: : y 1933 c : �y STATE OF IOWA •'�,•••••••�•'` •• COUNTY OF DALLAS ss. On this 1 ith day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,`p-Rt t s POLLY MASON Z e e a Commission Number 750576a . My Commission Expires yowP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of August 2021 SIR OP4 co C) yk 2003 1933 C : Secreraryy �� - 'ate . • 6�; to POA 0018 (1/20) "" MERCHANTS BONDING COMPANY,, MERCHANTS BONDING CO,\APANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOxwA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.uov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) MERCHANTS BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O, BOX 14498 - DES MOINES, IO`VVA 50306-3498 - (800) 678-8171 - (515) 243-3554 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800)678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2115) CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.001 By signing below, Company hereby certifies the following: Company does not boycott Israel; and Company will not boycott Israel during the term of the contract. Company Name: Legacy Contracting, LP dba Control Specialist Services, LP SIGNED BY: George Brown Print Name &Title: George Brown, President Date Signed: 06/2S/2021 The following definitions apply to this state statute: (1) "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; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Exhibit E Page 1 of 1 April 25, 2022 EXHIBIT C Legacy Contracting, LP OBA Control Specialist Services, LP Attn: George Brown PO Box 1479 Decatur, TX 76234 RE: BID 75-21 AWARDED BY CITY COUNCIL ON SEPTEMBER 27, 2021 CITY OF PLANO CONTRACT NO. 2021-0125-A WASTEWATER PUMPING EQUIPMENT REPAIR AND MAINTENANCE Mr. Brown, The Town of Westlake is requesting an extension to continue your services for water and wastewater pumping equipment and repair and maintenance under the terms and conditions of the above referenced City of Plano contract. Please acknowledge acceptance of this extension as indicated below and email it to me at Tmeyer@westlake-tx.org For additional information you may call 817-829-6974. BID 75-21 AWARDED BY CITY COUNCIL ON SEPTEMBER 27, 2021, PURSUANT TO CITY OF PLANO CONTRACT #2021-012-AC. Contract is for one (1) year with the options to renew for up to three (3) additional one-year periods through April 25, 2026. This is the initial term. This contract was awarded by the town of Westlake Town Council based on the unit prices, terms and conditions as specified in your bid, which becomes part of this contract. the dollar amount stipulated on this purchase order is an estimate of our annual usage and may increase or decrease according to the availability of funds. the contract may be terminated should funds not be appropriated for these items by the Town of Westlake. This contract will include but not limited to the following properties: Westlake Pump Station 1900 US 377 Westlake, TX 76262 Knox Elevated Tower 1481 Knox RD. Keller, TX 76262 Vaquero Lift Station 1320 Post Oak PL Westlake, TX 76262 1500 SOLANA BOULEVARD, BLDG. 1, STE. 7200 • WESTLAKE, TEXAS 16262 • WESTLAKE-TX.ORG • 811.430.0941 Deloitte Lift Station 2600A Hwy 114 Westlake, TX 76262 Fidelity Lift Station 2100 Hwy 114 Westlake, TX 76262 Westlake Academy 2600 JT Ottinger Rd Westlake, TX 76262 Westlake Parks and Recreation 1601 Fair Oaks Westlake, TX 76262 NOT TO EXCEED: 350,000.00 EXPIRATION DATE: 10/01/2023 Sincerely, Troy J. Meyer Asst to the Town Manager 1500 SOLANA BOULEVARD, BLDG. 1, STE. 7200 • WESTLAKE, TEXAS 16262 • WESTLAKE-TX.ORG • 811.430.0941 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-875997 Legacy Contracting, LP dba Control Specialist Services, LP Decatur, TX United States Date Filed: 04/20/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Town of Westlake Date Acknowledged: 04/21/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2022-03 Water/Wastewater Pumping Facilities Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of . 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 2022-0$ Contract identifier: Department Public Works By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and 2. Company will not boycotjr Xglrael du." the term of the contract. SIGNED BY: Print Name of Person: Signing, Title, and Company Date signed: STATE OF TEXAS Wise COUNTY OF George Brown, President Legacy Contracting, LP dba Control Specialist Services, LP 4/20/2022 BEFORE ME, the undersigned Notary Public on this day personally appeared George Brown (Name), an behalf of Control Specialist Services, LP (Company) who being duty swom, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct. SWORN AND SUBSCRIBED TO before me, thisday of `I 20 ZL NOTARY OF PUBLIC, FOR THE STATE OF TEXAS ``",�n,, My Commission Expires: �,➢,Y0-4a,. AILLAN BROWN 07_24_2022=i:;;��Notary Public, State of Texas Comm. Expires 07-24-2022 or Notary Notary ID 131653307 Government Code § 2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The following definitions apply: (1) "Boycott Israel" means refusing to deal with, terminating business activides with, or otherwise taldng 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. (2) `Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, Including a wholly owned subsidiary, majortty-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3) "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts Involving goods or services (regardless of the amount) before the City can enter Into the contract. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verities that the firm it represents: Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and, 2. Will not discriminate during the term of the contract against a firearm entity or firearm trade association. SIGNED BY: �--- PRINT NAME & TITLE• George Brown: President FIRM NAME: Legacy Contracting, LP dba Control Specialist Services, LP DATE SIGNED: 4/20/2022 The following definitions apply to this state statute: (1) "Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile; (2) "Company" means a for -profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit; (3) "Discriminate against a firearm entity or firearm trade association": (A) means, with respect to the entity or association, to: (i) 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; (ii) 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 (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) 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 (ii) 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: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (5) "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine; (6) "Firearm entity" means: (A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B) a sport shooting range as defined by Section 250.001, Local Government Code; (7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that: (A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B) has two or more firearm entities as members; and (C) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, the signatory hereby verifies that the firm it represents: Does not boycott energy companies; and, 2. Will. not boycott energy companies during the term of the contract. PSIGNED BY: PRINT NAME AND TITLE: George Brown: President FIRM NAME: Legacy Contracting, LP dba Control Specialist Services, LP DATE SIGNED: 4/20/2022 The following definitions apply to this state statute: (1) "Boycott energy company" means without an ordinary business purpose, 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 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); and (2) "Company" means a for -profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.