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R2024-080 2024-05-13RESOLUTION NO. R2024-80 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Natatorium Air Handler Replacements Project, to American Mechanical Services, in the amount of $2,174,444.44. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for construction services. Section 2. That the City Council hereby awards a contract to American Mechanical Services, in the amount of $2,174,444.44. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract associated with the Natatorium Air Handler Replacements Project. PASSED, APPROVED and ADOPTED this the 13th day of May, A.D., 2024. _____________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 5D60154C-471D-4BAF-BDCB-8DBE2A07F5EC for: ity of ' earlan 1 1 :: ailey ' oa � '' e , rla COP •.roject id o.: C oriu exas 2003 11 4-OS January 22, 2024 Prepared By: SECTION TITLE CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 00200 00300 00500 00610 00611 00612 00615 00700 00800 00811 Invitation to Bid Instructions to Bidders Bid Proposal Standard Form of Agreement Performance Bond Payment Bond One -Year Maintenance Bond Partial Waiver of Lien General Conditions of Agreement Special Conditions of Agreement Wage Scale for Engineering Construction DIVISION 1 GENERAL REQUIREMENTS 01100 01140 01200 01290 01310 01350 01380 01420 01430 01440 01450 01500 01505 01550 01555 01560 01561 01562 01563 01564 01565 01566 01570 01580 01600 01630 • Summary of Work Contractor's Use of Premises Measurement and Payment Procedures Change Order Procedures Coordination and Meetings Submittals Construction Photographs Referenced Standards Contractor's Quality Control Inspection Services Testing Laboratory Services Temporary Facilities and Controls Mobilization Stabilized Construction Exit Traffic Control and Regulation Filter Fabric Fence Reinforced Filter Fabric Barrier Waste Material Disposal Tree and Plant Protection Control of Ground Water and Surface Water TPDES Requirements Source Controls for Erosion and Sedimentation Trench Safety System Project Identification Signs Material and Equipment Product Options and Substitutions 00010 - 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS • 26 05 00 26 05 19 26 05 26 26 05 29 26 05 33 26 05 53 26 20 00 26 27 26 Common Work Results for Electrical Low Voltage Electrical Power Conductors and Cables Grounding and Bonding for Electrical Systems Hangers and Supports for Electrical Systems Raceway and Boxes for Electrical Systems Identification for Electrical Systems Electrical Distribution Equipment Wiring Devices END OF SECTION 00010-3 of3 CITY OF PEARLAND INVITATION TO PROPOSE .Section 00100 INVITATION TO PROPOSE COMPETITIVE SEALED PROPOSAL Electronic Competitive Sealed Proposals (CSP) will be accepted for the following project, through the City's E-bid System. Electronic Proposals shall be submitted through the City's web site at https://pearland.ionwave.net/Login.aspx All interested Offerors are required to register as a `supplier" on the City's E-bid System at the above web address by selecting "Supplier Registration". Registration provides automatic access to any changes (addenda) to the Plans, Specifications or Submission time and date. Submission of an Electronic Proposal REQUIRES completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes, registrants must add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO OFFERORS, SECTION 00200, PART 2 included in the project proposal documents viewable on the web site. Questions regarding electronic proposals are to be directed to City Purchasing Officer at ebids(cipeallandtx.gov. All Proposals submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Proposals shall be submitted on the forms provided m the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581 Electronic Proposals will be accepted until 2'00 p.m., February 29, 2024. All Proposals shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted proposals shall be publicly `opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Natatorium Air Handling Replacement City of Pearland, Texas COP PN: FA2203 PROPOSAL NO.: CSP 1124-05 A mandatory pre -proposal conference will be held at the City of Pearland Engineering & Public Works Building at 2016 Old Alvin Rd., Pearland, Texas 77581 at 10 00 a.m. on Thursday., February 22, 2024 The project will entail removal of two existing indoor Dectron Pool Dehumidification Units and associated outdoor condensing units. Two existing boilers that have reached their life cycle serving the pool units will be replaced with new. A new outdoor chilled water plant shall be 8/2019 00100 - 1 of 4 CITY OF PEARLAND INVITATION TO PROPOSE Offerors accept sole responsibility for downloading all of the required documents, plans, specifications proposal forms and addenda required for submitting a proposal. Proposals must be accompanied by a Contractors Qualification Statement (Section 00300 Part C). No proposal may be withdrawn or terminated for a period of ninety (90) days subsequent to the proposal opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total bid price must accompany each proposal. Offerors submitting Proposals electronically through the E-bid System shall scan and up -load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two Offerors and delivered to the City's Purchasing Officer within 48 business hours of the request. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. Performance and Payment Bonds: The successful Offeror must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the final contract price, such bonds are to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful Offeror shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agieement if so stated. Equal Opportunity: All responsible Offerors having submitted complete proposals will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 Nondiscrimination in Federally - Assisted programs of the Department of Transportation issued pursuant to such Act hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement minority business enterprises will be afforded full 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. 8/2019 00100 - 3 of 4 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS Section 00200 INSTRUCTIONS TO OFFERORS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". 1.2 The term "Offeror" means one who submits a Proposal directly to Owner, as distinct from a sub -bidder, who submits a proposal to an Offeror. The term "Successful Offeror" means, on the basis of Owner's evaluation as hereinafter provided, the Offeror submitting a proposal that represents in the Owner's opinion, the Best Value to the City. The term "Proposal Documents" includes the Invitation to Propose, Instructions to Offerors, the Proposal (Parts A, B and C), and the proposed Contract Documents (including all Addenda issued prior to receipts of proposals). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Proposal Documents electronically to potential Offerors and forms the pathway for interested Offerors to submit proposals in response to advertisement and invitation. The term 'es -bid" and/ or "electronic bid" means the Offeror's electronic proposal submitted to the Owner by way of the E-bid System. The terms "electronic bid" or `e-bid" are used inter -changeably to describe the above proposal process to submit an authorized proposal to the City in response to an Invitation to Propose. 1.4 The term project management software means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Offeror at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Proposal Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 1.7 The term "Alternate(s)" or "Add Alternate(s)" as used interchangeably herein is defined as an additive work item that may be selected or rejected by the Owner based solely on the Owner's acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work of the Alternate as specified, complete in place. When selected by the Owner, the costs for an Alternate shall be added to the Base Proposal and made a part of the Contract price. 12-2017 00200 - 1 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS above terms, do so only for the purpose of obtaining Proposals on the Work, and do not confer a license or grant for any other use. 3.6 Proposal Documents include but may not be limited to Section 00300 Proposal — Parts A, B and C. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Offeror before submitting a Proposal, to (a) examine the Proposal Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Offeror's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's project management software to administer the construction process and perform the work of the project. 4 2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Offerors for review, but such reports are not part of the Contract Documents. Offeror may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 4.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon infommation and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 4.4 Before submitting a Proposal, each Offeror will, at Offeror's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Offeror deems necessary to determine its Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 4.5 On request in advance Owner will provide each prospective Offeror access to the site to conduct such explorations and tests as each prospective Offeror deems necessary for submission of a Proposal. Prospective Offerors shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 12-2017 00200 - 3 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS Documents ("Contract Time"). All references to "time" or "days" shall be interpreted as consecutive calendar days. 7 Liquidated Damages and Early Completion Bonus 7.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Foiuni of Agreement. 8. Substitute or "Or -Equal" Items 8.1 The Contract if awarded, will be awarded on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or -equal" items. All "or -equal" references shall be interpreted to mean " approved equal". Application for acceptance of any proposed substitution will not be considered by Engineer until after a contract is in place. Offeror shall assume any and all risk associated with the unauthorized substitution of any material of equipment included in or inferred by the plans and specifications. The procedure for submission of any proposed substitution by the Offeror, and its consideration by Engineei, is set forth in the Contract Documents. 9. Proposal Form 9.1 The Proposal foiiii (Section 00300 — Proposal — Parts A, B, C,) is included with the Proposal Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Proposal. All E-bids and Proposals must be submitted on the City's official E-bid System. All blanks on the Proposal form must be completed or filled in. The Offeror shall propose for all Alternates, if any. Incomplete Proposals will be cause for rejection. Only complete proposals will be consideied, scored, and ranked. 9 2 Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed, the document is to be uploaded as an attachment to the Proposal. 9.3 Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed, the document is to be uploaded as an attachment to the Proposal. 9 4 The Offeror shall acknowledge receipt of all Addenda (the number of which must be filled in on the Proposal form). 9 5 The address and telephone number for communications regarding the Proposal must be shown on the Proposal form. 12-2017 00200 - 5 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS 11.4 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Proposal that Offeror may request to withdraw its Proposal. Thereafter, that Offeror will be disqualified from further proposing on the Project to be provided under the Contract Documents. 12 Opening of Proposals 12.1 Proposals will be opened and (unless obviously non -responsive) read aloud publicly to identify the names of the Offerors and their respective cost proposals, only. An abstract of the amounts of the base Proposals and major alternates (if any) will be made available to Offerors after the opening of Proposals through the E-Bid system. Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Offeror has expressly identified any specific information contained therein as being trade secrets or confidential information. 13. Proposals to Remain Subject to Acceptance 13.1 All Proposals will remain subject to acceptance for ninety (90) days after the day of the Proposal opening, but Owner may, in its sole discretion, release any Proposal prior to that date. 14. Award of Contract 14.1 Owner reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, schedule or scope and to negotiate contract terms with the Successful Offeror deemed, in Owner's sole opinion, to represent the best value. Owner may reject a bid as non -responsive if: 1) Offeror improperly or illegibly completes or fails to complete all information required by the Proposal Documents; 2) Offeror fails to sign the Proposal or improperly signs the Proposal; 3) Offeror qualifies its Proposal; 4) Offeror tardily or otherwise improperly submits its Proposal; 5) Offeror fails to submit the Contractor's Qualifications or fails to respond to any of the required information requested in Section 00300 Proposal or 6) The Proposal is otherwise non -responsive. 14.2 Best Value. The Contract is to be awarded based on provision of "Best Value" to the Owner. Upon receipt of the Proposals, the Owner will consider, score and rank all complete proposals in accordance with the following criteria and select the Proposal that offers the best value to the Owner. Selection Criteria Point Value 1 Proposed price for performance of the full scope of work 50 2 Experience and qualifications of Offeror's project team 15 12-2017 00200 - 7 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS 16 Workers' Classification 16.1Texas Government Code § 2155.001 authorizes a penalty of S200 per misclassified individual to be imposed on a person who contracts for certain services with a governmental entity and fails to properly classify their workers and subcontractors. This is effective January 1, 2014. 17. Signing of Agreement 17.1 When Owner gives a Notice of Intent to Award to the Successful Offeror, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Offeior until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 18. Pre -Proposal Conference 18.1 A pre -proposal conference will be held as indicated in the Invitation to Propose. Attendance at the pre -proposal conference is MANDATORY to fulfill the prerequisite requirements for Offerors bidding directly to the Owner. 19. Retainage 19.1 Provisions concerning retainage are set forth in the Contract Documents. 20. Award 20.1 The contract, if awarded may be awarded to the eligible Offeror submitting the lowest priced and containing the most advantageous proposal for the Owner complying with these Instructions to Offerors and other proposal requirements in the Documents. By submitting a Proposal, each Offeror agrees and consents that the Owner, in determining the Successful Offeror and his eligibility for award, may consider the Offeror's experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and other factors as noted, which could affect the Offeror's qualifications to perform the work. 20.2 Pursuant to Statute 2269.151 of the Government Code, the City will evaluate the proposals to determine which proposal provides the best value for the Owner. In making said determination, the Owner will consider Criteria as further defined or explained in these Instructions to Offerors and Bid Proposal, including the Offeror s Approach narrative and project schedule, the qualifications and experience of key personnel, quality assurance program and safety record, prior experience on similar projects, acceptability of selected sub- contractois and financial capacity to adequately fund the work of the project. 20.3 The evaluation will be carried out by an evaluation team consisting of members of the Owner's project team and the Engineering Consultant. These team members will assign a 12-2017 00200 - 9 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS demonstrate its ability to prosecute complex work including high- technology components or similarly complex electrical, mechanical or building components where the subcontractor and Offeror have worked together. The Offeror acknowledges that it is in the best interest of the Owner and the Offeror to have the work performed by experienced personnel in each particular construction discipline with particular interest and attention to the following with provided references: 20 8 Approach and Schedule = 5 points. The thoroughness and detail of the Offeror's approach to prosecuting the work and the ability to commit to an acceptable delivery schedule for the completed project in accordance with the Owner's desired schedule The Offeror's experience and commitment to identifying and meeting the specific milestones for the various components of the project as identified in the approach narrative and schedule. The Offeror's approach to dealing with end -users of the project and shifting concerns. Discuss past performance and lessons learned during project close out phase on the three (3) examples of similar scope, complexity and value. Provide the awarded contract amount, final contract amount and explanation of any change orders. Provide a proposed project schedule using Critical Path Method. Offeror must provide a Critical Path summary level schedule for this Project indicating the Offeror's proposed construction schedule. Owner will assess the quality and clarity of the Offeror's work -plan including schedule, logistics/phasing plan, understanding of the work and sensitivity to ongoing operations in the facilities. 20 9 Identification and History with selected Sub -contractors 10 points. Submit a complete list of selected sub -contractors and the basis for that selection. Provide a brief list of historic relationship with each and a list of projects each sub -contractor has performed with the Offeror. Owner reserves the right to contact sub -contractors to discuss details of previous projects. The Sub -Contractor's reputation among other governmental entities, owners, suppliers, and will be considered for awarding of points. Strong consideration will be given to first-hand experience on prior City of Pearland projects. Owner places positive emphasis on long-term relationships between General and Sub -Contractors. 20.10 Quality Assurance Program=2points and Safety Record = 3 points for a total = 5 points. The Offeror and the subcontractors must provide owner with their Experience Modification Rate (EMR). The Offeror with the lowest EMR will be awarded a 3 rating Any Offeror with an EMR above 1.0 or with a planned subcontractor with an EMR above 1.0 will be awarded a 0 rating valve. All Offerors will be awarded a value based on their own EMR. The Offeror must provide a summary of the Offeror firm's Quality Assurance Program based on self -performed work and how this plan includes subcontractors. These criteria will be judged separately for a total of 5 points. 20 11 Financial Statement of Offeror = 5 points. Provide audited financial statement consisting of the balance sheet and annual income statement of Offeror for the Offeror's last fiscal year end preceding the submission of the Bid Proposal, which has been audited 12-2017 00200 - 11 of 12 CITY OF PEARLAND SEALED COMPETITIVE PROPOSAL Section 00300 SEALED COMPETITIVE PROPOSAL PART A Date: February 26,2024d Bid of CSP 1124-05 COP PN FA2203 Natatorium Air Handling Replacement , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting of American Mechanical Service of Houston, LLC , for the construction of: To: Natatorium Air Handling Replacement City of Pearland, Texas COP PN: FA2203 PROPOSAL NO.: CSP 1124-05 (Submitted in Electronic format) The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Propose, and Instructions to Offerors, the undersigned Offeror hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Natatorium Air Handling Replacement with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by Jesse Alatorre LEAF Engineers, 11 Greenway Plaza, Suite 1510 Houston, Texas 77046., for the unit prices or applicable prices set forth in Part "B", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Offeror. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Offerors is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, City Hall Annex 3523 Liberty Drive, Pearland, Texas 77581. The Offeror agrees to submit to the Owner the Qualifications of Offeror, including the Financial Statement of Offeror, as required by the Instructions to Offerors if requested to do so as a condition of the Proposal process. The Offeror binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond , each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time Offeror's Initial's: 12-2017 00300 - 1 of 2 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART B PRICE PROPOSAL FORM 50 points Spec Quantity UOM Description Reference Unit Price Total Amount Base Base PKHD 1 Bid 1 Bid Mobilization and Demobilization: Furnish all labor, materials, equipment and incidentals required for the Contractor to mobilize for Contractor and demobilize. s insurances Shall and include bonds, all costs PKLN 1 1 Base Bid 1 LS 01505 1 $40,000.00 construction/building and stoiinwater permits and fees, job trailers and site administration expenses and utilities. This item shall not exceed more amount than of three this contract. (3) percent of the Total Bid Demolition: Furnish all labor, materials equipment, and incidentals required for major demolition activities to the extent shown on the drawings, including all demolition activities associated PKLN 1 2 Base Bid 1 LS 024119 1 $61,940.00 with the existing facilities The demolition shall be performed so as to not disrupt operation of the existing facilities. This item shall not include demolition activities associated with specific process areas listed in Bid Items 3 through 12. Summary of work: Two existing indoor Dectron Pool Dehumidification Units and associated outdoor condensing units to be removed. In addition, two existing boilers that have reached their life cycle serving the pool units will be replaced with new. Complete PKLN 1 3 Base Bid 1 LS Contract be A new outdoor chilled water plant shall 1 $1,948,060.00 provided with two new air-cooled chillers, Documents chilled chilled water water pumps, specialties chilled A water new Building piping, and Automation System shall be provided for control of new equipment 5 Offeror's Initials: 00300 - Part B - 1 of 2 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART B PRICE PROPOSAL FORM 50 points Spec Quantity UOM Description Reference Unit Price Total Amount Additive Alternate #2: Monthly Cost for Equipment Storage Record, this As approved by the Engineer of be Alternate shall establish the amount to added to the Base Proposal for the Contractor to take Alternate ownership of and provide monthly secured $0.00 PKLN 3 1 Work 1 LS storage of all pre -purchased equipment from the 1 Items time of delivery until such time as installation can commence The Contractor is also required to protect the equipment from damage during rigging, unloading, and transporting to the project site. . / . Off: or's Authorized Signature Offeror's Initials:23' 00300-PartB-3 CITY OF PEARLAND PROPOSAL SEALED COMPETITIV F , PROPOSAL PART C CONTRACTOR'S QUALIFICATION STATEMENT (Required from ALL OFFORERS) Submitted in reference to: Natatorium Air Hand in Replacement Project By. Brian Kisiel Title • Executive Account Manager General Offeror Information. The signatory of this questionnaire attests to the truth and accuracy of all statements and of all answers to interrogatories hereinafter made under a penalty of perjury. 1. INDIVIDUAL/PARTNERSHIP/CORPORATION/JOINT VENTURE Principal Office Address 13627 Stafford RD. Stafford, TX 77477 Telephone Number: ( 281 ) 403.1701 Fax Number: ( ) Email Bkisiel@amsofusa.com address: 13637 Stafford Rd Stafford TX 77477 Indicate as Applicable: Limited Liability A Corporation A Partnership An Individual If a Corporation, complete this section: Date of Incorporation: State of Incorporation: Chief Executive Officer's Name: President's Name: Vice President's Name(s): Secretary s Name: Treasurer's Name: If a partnership, complete this section: Date of organization: December 1995 State whether partnership is general or limited: Limited 11-2023 FA2203 Offeroi's Initials: C5 00300 - Part C CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C 3. OFFEROR'S ORGANIZATIONAL EXPERIENCE - 10 points A. Offeror shall provide satisfactory evidence of successful, on -time completion of a minimum of three projects of comparable scope, dollar value and technical complexity as the prime general contractor. Projects shall be drawn from work performed within the last five years and shall demonstrate a history of high -quality customer service. If available examples should include projects performed for governmental entities and in all cases should include the contact information for persons familiar with the project in the employ of the owner at the time of construction. Provision of contacts shall imply your organization's agreement to the Owner contacting those named individuals. Additional information may be provided on a separate sheet labeled "Attachment 2 to Part C" if required. PROJECT 1: Owner's Name and Contact Information: Fort Bend ISD David Wallace 832-343-4308 DAVID.WALLACE@FORTBENDISD.COM Project Name: HVAC Renovations Type of facility: Independent School District Construction Cost $2,000,000.00 Scope of Work: Campus wide upgrades of boiler in the HVAC Renovations Year of Completion 2020 Location (City and State): Sugar Land, Texas PROJECT #2 Owner's Name and Contact Information: Parkway Properties Kevin Saul 713-539-3437 KSAUL@PKY.COM Project Name:HVAC Renovations Chiller Change out & AHU Type of facility: Class A multi -high rise complex facility Construction Cost:$2,500,000.00 Scope of Work:Provide and install new chillers and AHU through out facility Year of Completion• 2021 Location (City and State): Houston, Texas PROJECT #3 Owner's Name and Contact Information:GELENA PARK ISD Harold Fletcher 832 728.8306 Project Name:Galena Park ISD Woodland Acres Type of facility: Independent School District Construction Cost $2,800,000.00 Scope of Work.HVAC Renovation of Central Plant Year of Completion•2023 Location (City and State): Houston, Texas 11-2023 FA2203 Offeror's Initials: G3 00300-PartC-3 CITY OF PEARLAND PROPOSAL SF?ALED COMPETITIVE PROPOSAL PART C 5. IDENTIFICATION & HISTORY WITH SUB -CONTRACTORS - 10 points Offeror proposes the following subcontractors to be used for the Project (list others as applicable). List ALL major Sub -contractors (Mechanical, Electrical, Plumbing, Structural and Civil as a minimum) and any Specialty Item Sub -contractors or any subcontractor scheduled to perform 5 percent or more of the Project work. Provide a brief history of your firm's association with listed Sub -Contractors over the last FIVE YEARS on a separate sheet labeled "Attachment 5 to Part C". Provide three references for each Sub -Contractor along with contact information. No changes to proposed Sub -Contractors may be made without Owner's approval. The infoiination provided will be used in the evaluation of the Offeror. The references shall include name of project, Owner contact information, and Engineer contact information if available. TABLE, 00300-2 SCHEDULE, OF SUBCONTRACTORS $ VALUE OF PERCENTAGE SUBCONTRACTOR SPECIALTY CONTRACT OF WORK 1 Howell Electrical Electrical 2. Eagle Fabrication Structural Fabrication 3 • Knoblock Insulation 4. 5. 6. 7. 8. 9. 10. On a separate sheet labeled as "Attachment 5 to Part C" per above instructions: A. Provide a brief description of your firm's history with each of your proposed major Sub- contractors? American Mechanical Services has worked with the sub -contractors on multiple projects over multiple years B Provide references major Sub -contractors. Donald Howell 281.846.3848 Mark Knoblock 281.541.5416 Eagle Fabrication 281.442.8787 11-2023 FA2203 Offeror's Initials: L` 00300 - Part C - 5 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C B. Are accident reports (OSHA 300) and report summaries sent to the following? And if so, how often? • Field Superintendent: Jim Kelley • Vice President — Operations: Damon Johnson • President of Firm: Edward Dunn C. How are accident records and summaries kept? How often are they reported? • Accidents totaled for entire Company: See attached qualification • Accidents totaled for Project: See attached qualification • Accidents Totaled by Superintendent and/or Foreman: See attached qualifications D. Existing Safety and Orientation Programs: • Summarize and submit the Offeror firm's safety program execution plan (1 page) Outline the training requirements and frequency, meeting types and frequency, and personnel responsible for executing the plan on site as a minimum. E. OFFEROR'S FINANCIAL STATEMENT - 5 points Provide audited financial statement consisting of the balance sheet and annual income statement of Offeror for the Offeror's last fiscal year end preceding the submission of the Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Offeror shall be used to determine an Offeror's net working capital, which is defined as current assets less current liabilities. An Offeror's net working capital shall be considered evidence of the Offeror's ability to provide sufficient financial management of the project being considered. The Offeror's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552 001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Offeror. 11-2023 FA2203 END OF SECTION Offeror's Initials:' 00300 - Part C - 7 Yes No LI Iv I I v I u Contractor Questionnaire 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s) from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six (36) month period? 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six (36) month period? 7. Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed contract? 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six (36) month period? 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such a contract or subcontract within a ten (10) year period? 10. Has the undersigned company been convicted of a criminal offense within a ten (10) year period of embezzlement, theft, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten (10) year period arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered "yes" to Items 1-6 or 8-12 or answered "no" to Item 7, please attach a full explanation to this questionnaire. Company Name. American Mechanical Services of Houston, LLC. Address: 13627 Stafford Road Stafford, TX 77477 Name. Brian Jason Kisiel Title: Executive Account Manager Signature: (Please Print) t(..Ga.ei d-G9yjircatil (Please Print) Date: 02/26/2024 American Mechanical Services LLC 13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281) 403-1701 Fax (281) 403-1201 Regulated by the Texas Dept. of Licensing and Regulation P O. Box 12157 Austin, TX 78711 800.803.9202 TACLA020690E Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200 Austin, TX 78765 800.845.6584 MPL- 13418 QUALIFI I • S Company Profile American Mechanical Services of Houston, LLC (dba AMS of Houston, LLC) 12627 Stafford Rd Stafford, Texas 77477 Phone 281.403.1701 fax 281.403.1201 AMS of Houston, LLC, owned and operated by D. A. C. Acquisitions, has been providing HVAC & Plumbing quality service and repair in the Houston area since 1997. David Douglas, V. P. and General Manager of the Houston office, has excelled in that role since the company's inception. David founded and operated Enterprise Mechanical in 1984, and ran that company until merging with the current AMS Ownership team. The primary goal and mission of American Mechanical Services (AMS) is to provide quality workmanship for a fair price Our intent is to honor all of our commitments and to strive for 100% customer satisfaction. AMS is a privately -owned family of companies providing primarily commercial heating, ventilation and air conditioning / Refrigeration & Plumbing (HVAC/R & Plumbing) service and construction work in various locations across the country, including the greater Washington, D C. area, Maryland, Virginia, Indianapolis, Dallas, Houston, Denver, Colorado Springs, San Diego, and the greater Los Angeles area. AMS specializes in high -quality HVAC & Plumbing maintenance and service on mechanical building systems and in complex service, construction and repair projects involving medical facilities, government facilities, and the renovation and retrofitting of older and occupied structures, both public and private. AMS collectively has decades of unparalleled experience to solve any of your HVAC needs. At AMS, we strive to be a multi -faceted HVAC/R & Plumbing contractor. In the Houston area, different Owners require much different qualities from their vendors. In the Government sector for instance, Owner's require a high degree of security, pre -planning, and post project documentation. In the Medical Industry, Owner's require contractor's to be health and safety conscious, and also to have a great deal of care and empathy for those patients who, many times, are with in close proximity to their work area(s). AMS has developed plans to meet all different working environments. We have the experience of working in many hospitals in the Houston area, and being part of Pre -Construction Risk Assessment meetings as well as Infection Control Risk Assessment meetings to identify potential concerns or problematic conditions within the hospital environment(s). We also have experience in developing coordinated plans with the hospital personnel to deal with those types of environments. AMS of Houston, LLC has mandatory monthly safety meetings for all employees to review specific, relevant topics and to review the company safety plan. AMS of Houston, LLC asserts that, if awarded, we will meet or exceed all requirements spelled out in the RFP American Mechanical Services (AMS) is a national organization focused on serving commercial, industrial and institutional property owners and managers through a strategic partnership. Our partnering approach to the marketplace assures that we serve customers by assisting them with the long-term management of the HVAC and Plumbing systems in their facilities. AMS of Houston, LLC currently employs over 50 associates, including professional technicians and a team of estimators sensitive to our customers' needs. American Mechanical Services LLC 13627 Stafford Road Stafford, Stafford Texas 7477 Tel (281) 403-1701 Fax (281) 403-1201 Regulated by the Texas Dept. of Licensing and Regulation P O. Box 12157 Austin, TX 78711 800.803.9202 TACLA020690E Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200 Austin, TX 78765 800.845.6584 MPL- 13418 QUALIFICATI NS OF TEAM P iping Manager Robert Gonzalez Email: Rgonzalez@amsofusa.com Phone* 281-403-1701 Office: Stafford, TX Schedules the pipefitters. Make sure that all jobs are adequately staffed. Has extensive knowledge of the pipefitting trade. P roject/Quality Manager/Estimator Damon Johnson Email djohnson@amsofusa.com Phone• 281-403-1701 Office: Stafford, TX Will provide estimating support on projects and help develop proposal. When a project is awarded he will develop a schedule for the project coordinated activities with MD Anderson, review specifications, order materials and equipment, provide on -site supervision, and generate close out documents. Sheet Metal Manager L eonard Worn Email : lworn@amsofusa. com Phone: 281-403-1701 Office: Stafford, TX Schedules the sheet metal installers. Make sure that all jobs are adequately staffed. Has extensive knowledge of the sheet metal trade. Responsible Master Plumber Robert Chapman Email: rchapman@amsofusa,com Phone: 281-403-1701 Office: Stafford, TX Schedules the plumbing staff. Make sure that all jobs are adequately staffed. Has extensive knowledge of the Plumbing trade Operations/Service Manage Jim Kelley Email: jkelley@amsofusa.com Phone* 281-403-1701 Office: Stafford, TX Schedule service technicians. Make sure that all jobs are adequately staffed American Mechanical Services LLC 13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281) 403-1701 Fax (281) 403-1201 Regulated by the Texas Dept. of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 800.803.9202 TACLA020690E Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200 Austin, TX 78765 800.845.6584 MPL- 13418 ALIT. C QUALITY CONTROL PROGRAM Quality Control Organization a. Damon Johnson, Project Manager/Project Quality Manager Authority and Responsibility of Quality Control Personnel a. Damon Johnson — Quality Manager 1. Will be directly responsible, as the Contractor's representative, for the initiation, continuance and satisfactory fulfillment of the Quality Control System as set forth in the project specifications and the Contractor's Quality Control Plan and will report directly to the contractor's top management. 2. Will work closely with the Project Superintendent to duly execute the project in accordance with the project plans and specifications and Quality Control Plan. 3. Will review in detail, certify conformance, prepare and transmit submittals required by the contract. 4. Will submit to the owner inspection reports, tests results and corrective actions taken as needed or required by the owner. METHOD OF QUALITY CONTROL Inspection The primary control in the Quality Control System will be the inspection process. This plan includes four (4) inspection phases outlined as follows: Preparatory Inspection — Performed prior to beginning any work on any definable feature of work. Preparatory Inspection includes: 1. Examine plans and specifications to review contract requirements. 2. Ensure that all required submittals have been submitted and approved. 3. Decide to provide required control testing. 4. Inspect work area to confirm that all preliminary work has been completed. 5. Verify that required materials and/or equipment have been delivered to the project site and that they conform to approved shop drawings and/or submittal data. 6. Notify the owner personnel a minimum of 24 hours in advance of the inspection. 7. Document this inspection in the form of minutes. 8. Send a copy of the minutes to the owner. After the Quality Manager is satisfied that the daily reports are in order, the Quality Manager will transfer all information to one summarized form After being neatly prepared, the report will be given a final check by the Quality Manager and if found satisfactory, will sign it. The completed report will then be a •chived. The following items will also be used as a source of information in compiling daily reports: 1. Shop drawings and submittals 2. Mill certificates 3. Workmen certifications 4. Manufacturer's product specifications and literature Method for Documenting Quality Control Operation, Inspection and Testing All test and test results will be documented on appropriate forms. Check lists will be made up to supplement all inspections deemed necessary by the Owner and Contractor. SECURITY AMS of Houston has in place a strict hiring screening process. AMS reports to all State of Texas agencies. Before a potential employee is hired, he or she undergoes a criminal background check, state child support delinquency checks, and multiple interviews from General Manager David Douglas, and the respective department manager. AMS also requires pre -hire and post -accident drug tests for all employees. Our goal is to make sure that we hire reliable, healthy, competent employees This also ensures that we are protecting our customers as well. AMS of Houston also carries comprehensive liability insurance with an excessive umbrella policy, workman's compensation, and full coverage automotive insurance. Our bond surety capacities are in excess of $ 1 0,000.00. DEALING WITH CONGESTED CAMPUSES/ SITE CONDITIONS 1. Approach to Site Logistic and Staging Based on input from the owner, AMS will develop a logistic and staging plan. This plan will consider what space there is available for deliver ng and storing equipment and material on site. One very important factor is also how safe it is to store equipment on site. This relates to both physical safety of people and to theft of material. As much as possible, equipment and material will be delivered and stored at our Houston shop. Items will then be brought to the site on an as needed basis using our delivery personnel and equipment. 2. Phasing and Sequencing of Work The project will be phased and sequenced to allow for successful completion of the project with the minimal amount of impact to ongoing operations. A determination of the phasing and sequencing of the project will be made before the project starts and incorporated into the project schedule. If needed, the phasing and sequencing of the project can be altered during the course of the project to accommodate any special circumstance American Mechanical Services LLC 13627 Stafford Road Stafford, Stafford Texas 77477 Tel (281) 403-1701 Fax (281) 403-1201 Regulated by the Texas Dept. of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 800.803.9202 TACLA020690E Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200 Austin, TX 78765 800.845.6584 MPL- 13418 WARRANTY PHILOSOPHY AMS believes that all of work should be performed at the highest quality in order to exceed our clients' expectations. Our philosophy is that when an issue arises that requires extra work due to our craftsmanship or product we provide during the established warranty period, we will do everything possible to correct the matter. This includes but is not limited to sending out technicians to correct the issue and/or contacting the vendor to get defective equipment fixed/replaced. MEASURE OF QUALITY OF SERVICE AMS has two main ways to measure if we are providing quality service. 1. Client Feedback 2 Onsite inspection by supervisors Our account manager's job is to make sure that the client is satisfied with our work. He is constantly in conversation with the client to see where we can improve and also on what we are doing well. This feedback is given to the project manager to correct any issues and to also give praise when justified. As a project is progressing, the onsite supervisor is double checking the work as it is performed. Our trade managers have a high standard for workers. When an issue is found, it is corrected at that time. AMS prides itself on given a higher quality of work than your average contractor. SAF AMERICAN MECHANICAL SERVICES An Employee Owned Company WiS OF H•USTON, LLCM TY S ATISTIICS W RKS�� EFT FOR 2 a 22 • • • • • • • • • AMS OF HOUSTON LLC AMERICAN MECHANICAL SERVICES An Employee Owned Company Safety Statistics OSHA 300 LOG CASES DAYS AWAY FROM WORK TRANSFER/ RESTRICTION OTHER DAYS AWAY FROM WORK DAYS ON RESTRICTION TOTAL HOURS WORKED AVERAGE EMPLOYEES TR1R T®TAL REGA RDABLE INCIDBreisAt .DART ;(DAYS.AWAY, RESTRICTED, TRANSFERRED} 2019 2 1 1 3 25 174341 78 4.59 3.44 2020 0 2 0 0 12 165015 75 2.42 2.42 2021 3 0 1 62 69 170651 75 4.69 3.52 E M R Rates EMR (EXPERIENCE MODIFICATION RATE) *Policy Year (3-1 to 2-28) 2017- 2018 2018- 2019 2019- 2020 2020- 2021 2021- 2022 2022- 2023 0.79 0.82 0.87 0.92 0.86 1 0.85 MSE[ Insurance Agency, Inc. One Research Cou I St ite 110, Rockville, MD 20850 (301) 654-3600 Toll F •ee (800) 716-8314 Fax (301) 977-0716 February 11, 2022 American Mechanical Services of Houston, LLC 13627 Stafford Road Stafford, TX77477 RE: Experience Modification Rating Factors Dear Sir/Madam, This is to confirm the NCCI Modification Factors for American Mechanical Holdings, Inc. and American Mechanical Seivices of Houston, LLC. Policy Term Experience Modification (EMR) 3/ 1 /22-23 .85 3/1/21-22 .86 3/1/20-21 .92 3/1/19-20 .87 3/1/18-19 .82 3/1/17-18 .79 3/1/16-17 .81 Should you have any questions or require any additional information, please feel free to contact me. Sincerely, .,,v,,„,A g.46/7 Jennifer L. Carroll Account Manager (215) 504-1219 jlcarroll@mtb.com Insurance Products offered are NOT FDIC insured; NOT a deposit in, obligation of, nor insured by any federal government agency; NOT guaranteed or undenvritten by the bank; NOT a condition to the provisions or terms of any banking service or activity. Insurance products are offered by M&T insurance Agency, Inc., not by M&T Bank. M&T Insurance Agency, Inc. is licensed as an insurance agent and acts as agent for insurers. In case of excess and surplus lines, M&T Insurance Agency, Inc is an insurance broker and places insurance on behalf of our clients. Insurance policies are obligations of the insurers that issue the policies. Insurance products may not be available in all states OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses At establishments covered by Part 1904 must complete this Summary page; even if no Injutres or Illnesses occurred during the year, Remember to review the Loo to verify that The entries are complete Using the Log, count the irtctviduel entries you made tor each category. Then twee the totals below. mating sure you've added the entries from every page of the log. If you had no cases write'O.' Employees hamlet -employees. and their representatives have the right to review the OSHA Form 300 in its entirety. Theyal ° have panted access to the OSHA Fonn 307 or its equivalent. See 29 CFR 1904.35. in OSHA's Recordkeeputg rule. forfuttherdetatis on the access provisions for these roans. Numbeoof.Cases Total number of deaths 0 (G) Number 0f Days Total number of days away from 62 (K) Total number of cases with days away from work 3 Injury and Illness Types • Total number of... (13) (1) Inlur4 (2) Skin Disorder (3) Respiratory Condition (H) Total number of cases with job transfer or restrtdion 0 (a) Total number of days of Job transfer or restnction 69 gm) 4 (4) Poisoning Total number of other recordable rases 1 (3) 0 0 (5) Heannq Loss 0 0 (6) All Other Illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Pubto marina tureen for this cotedioo of intormaeonis es5mated la average 50 minutes per reseenSe. inckerft9 tiro b review the its4o410 , search and gather ore data needed, and complete and review the collection of iniomta5on. Parson=0e not required 4 te8444 tithe coneclion of inb7Otetl1n 04855 it displays currently yard OMB coned lumber. Ifyou have any comments about tteseestimates or arty aspen s of thisd47 collection, cat= 34 Department of teta. OSHA Office 01710esim.Room 0_36t4700Con>a on Ave. NW.Wacnaatnn.nC90710.3enot sendthe wnofetedbravura tricorns. Year 2021• U.S. Department of Labor oceupallonal Safettand ocean A2Raa0ttatgn Foaw approval 000 ao. 1216.0176 Establishment information Your estabtshment name American Mechanical Services of oouston.LLC Street 13627 Stafford Rd City Stafford State Texas industry desaiption (e.g., Manufacture of motortruck trailers) HVAC CONTRACTORS Standard industrial Classification (SIC), if known (e.g., SIC 3716) OR North American Industrial Ctassrlcation (NA(CS), if latovvn (e.g., 336212) 1 4 7 9 1 3 Employment information 4nnaal average number of employees Total tours worked lay all employees last Year 75 170,651 Sign here Knowingly falsifying this document may result in a fine. Zip 77471 I certify that I have examined this document and that to the best o1 my knowledge the entries art true, accurate. and complete. SorricelOpperations M, Title Date OSHA's Form 300A (Rev. 0112004) Summary of Work -Related Injuries and Illnesses AO establistanents coveted by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the Year. Remember to review me Loo to verify that the entries are complete Using the Log, count the Individual entries you rude for each category. Then write (be totals below, mating sum you've added the entries from every page of the log. ffyou had no cases write " ' Employees former employees, and their tepresentativos have the right to review the OSHA Farm 300 in :Ts entirety. They also have &mired access to the OSHA Fonn Sot omits equivalent See 29 CFR 194s,35. In OSHA s Recordkeeping ode. for Anther details on the access prey a:ona for these tonne. riumbir•Covcaiiiie:. Total number of deaths 0 (G) Total number of days away from 3 (K) Total number of cases with days away from work 2 (H) Total number of cases with job transfer or restriction 1 •..:-?•-tt• - j.•,.. • % .7 itajt rjLaid Unas�s7Fypes Total number of... (M) (1) bniury (2) Skin Disorder (3) Respiratory Condition • • (1) Total number of days of job transfer or restriction • 25 (t.) 4 (4) Poisoning' • Total number of other recordable cases 1 r t� w ▪ • 0 • O (S) Hearing Loss 0 O (6) All Other Illnesses 0 • Postthis Summary page from February 1 to April 30 of the year following the year covered by the form Pubic reporting burden for Miscoliflgion of information is estimated toaverapt 50 minutes per response, inducing time to review Me ins:suction, search ano gather he data needed. and caritpiele and reaee Ore tcAe(Aon ofiidonnatitas. Persons ae nol required to respond to Ore co➢ection of irdonnaaort mess ii &splays aasvcnilyroad OMB control number. lf you have any commentsroma Mese estimatesa arty ;weds of this datacollections =act US Department of 1 error. osmotic,: ot Start Room N 44.700 Constitution Ave. NW Naci naton. DC 70710. na not sand Ms camokned torero this ace. +� c �- r .._ _ .. -.._. _ -..r-' _. ._ ..... ... -nu: ._ .•. -.s. .. v«'':ti.'..as' .` r'�sS'+..' w�ao ^. NC.x:•.:�::==o-ir. v.��•tiv.,i..:.:..:.3r 3i<ip%Ya�`S�-' "_l' a.-,ac Year 2019 ` U.S. Department of Labor OccupationalSt and Heat; Administration Folio eppeovedOMno. 1214h0174 Establishment information Your establishment name Arnetn Mechanical Servrees of HoustonSf.0 Street 13627 Stafford Rd City Stafford State Texas Industry description (e.g., Manutacbxe of motor truck trailers) HVAC CONTRACTORS Standard Indusuiat Classification (SC), if known (eat, SIC 3715) OR North American Industrial Classification (NAICS), if known (e.g„ 338212) 1 4 7 9 1 3 Employment informatson Annual average number of ernpioyees Total hours wonted by all employees last year Sign here 78 174,341 Knowingly falsifying this document may result in a tine. Zip 77477 I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Service/Operations M de 1n0r2020 Date American Mechanical Services LLC 13 627 Stafford Road Stafford, Stafford Texas 77477 Tel (281) 403-1701 Fax (281) 403-1201 Regulated by the Texas Dept. of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 800.803.9202 TACLA020690E Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200 Austin, TX 78765 800.845.6584 MPL- 13418 QUALIFICATIOIeTS REFERENCES FOR: Offeror must furnish, with this proposal, at least three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be included with your proposal. Company Name: Friendswood ISD Company Address: 400 Woodlawn dr. Friendswood TX 77546 Contact Name: Amber Petree Phone Number: Email Address: 281.460.0984 apetree@fisdkl2 net Description of Project/Work: Natatorium HVAC Replacement Company Name: City of Baytown Company Address: 2401 Market St Baytown TX 77520 Contact Name: Phone Number: Email Address: Timothy Murphy 281.683.1058 timothy.murphy@baytown.org Description of Project/Work: City Hall Chiller Replacement CITY OF PEARLAND LOCAL BIDDER PREFERENCE CLAIM FORM Sections 271.905 and 271 9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Pearland has determined that the allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested in wnting by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with bid in order to be considered by the City of Pearland. Questions should be addressed to the Purchasing Depat tinent at 281-652-1790. Exclusions to the local preference include expenditures of $3,000 or less and those purchases which are: sole -source, emergency, federally -funded, cooperative contracts, or via interlocal agreement. The local preference status will expire one year from the date of this form; for any subsequent requests for preference during this period, the applicant need only complete and submit section 3 of this form. The City Council requires the following information for consideration of a local bidder preference (information may be submitted in an attachment to this form): 1. Locational Eligibility: Pnncipal place of business in Pearland, Texas? Pnncipal place of business is defined herem as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. a. If yes, identify name of busmess/DBA, address, and business structure: sole propnetorship, partnership, corporation, or other. b. Name and city of residence of owner(s)/partners/corporate officers; as applicable. 2. General Business Information: a. Year business established (Pearland location). b. Most recent year property valuation (if owned); real and personal property. c. Annual taxable sales (onginatmg m Pearland). d. Is business current on all property and sales taxes at the time of this application? e. Total number of currenta/employees and number of Pearland-resident employees. 4J 3. Economic Development benefits resulting from award of this contract: a. Number of additional jobs created or retained for Pearland resident -employees? b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please explain how the amount has been determined. c. Local subcontractors utilized, if applicable: name location and contract value for each. d. Other economic development benefit deemed pertinent by applicant. NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor American Mechanical Services of Houston, LLC. Address 13627 Stafford Road Stafford, TX 77477 Phone Number 281.403.1701 Fax Number 281.403.1201 Email Address bkisiel@amsofusa.com Bidder (Signature) .3. Position with Company Executive Account Manager Signature of Company Official Authorizing This Bid Company Official (Printed Name) Damon Johnson Official Position Vice President General Manager CITY OF PE.JRLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and American Mechanical Services of Houston, LLC (hereinafter called CONTRACTOR). OWNER and CON as follows: TRACTOR, in consideration of the mutual covenants hereinafter set forth, agree Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally desciibed as follows: NATATORIUM AIR HANDLING REPLACEMENT 4141 Bailey Road City of Pearland, Texas COP PN: FA2203 BID NO.: CSP 1124-05 Article 2. ENGINEER The Work has been designed by LEAF Engineers, 1 1 Greenway Plaza, Suite 1510 Houston, Texas 77046. Project Manager - Jesse Alatorre who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within ten (10) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within ninety (90) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the e ssence of this Agreement and that OWNER will suffer financial loss if the Work is n ot completed within the times specified in paragraph 3.1 above, plus any extensions the •eof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly. Instead of requiring any st ch proof; OWI\ ER and CONTRACTOR agree that as licit 'dated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER E ght Hundied dollars ($800.00) for e ach day that expires after the time specified in paragraph 3.1 for Substantial 4-2015 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under 'Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, 4 2015 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER • 9.5 The Work will be completed according to the Contract Documents and in accordance with codes ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried 4-2015 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement Will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: , ?0 . OWNER: CITY OF PE By: Title: CAI IY1EX(' Date: ATTEST 4-2015 021 nelv4 ,10 ,),\-si j•A A / 1,t, a �e�ii����►�°fl�� 4 • • ♦ • • �♦ • CONTRACTOR: • By: Brian Kisiel (r 7) Title: Executive Account Manager Date: May 13,2024 (Corporate Seal) ATTEST Address for giving notices 54-eu-rIgera Rt_r k4+ str a r).\C 7-7Y97 Phone: 23 ( 4/0 S' . 1 17° � Fax: Agent for service of process: to END OF SECTION 00500-7of7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the 'contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or ind rectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sub Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B II Brian Kisiel House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative') of American Mechanical Services of Houston L L C. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2 That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 29 E OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of May , 20 24 Notary Pu ANGELA GUERRERO Notary ID #129249794 My Commission Expires ocument 310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Writ t0, legal status and address) American Mechanical Services of Houston, LLC 13627 Stafford Road Stafford, TX 77477 OWNER* (Nan c., legal status and address) City of Pearland, Texas 3523 Liberty Drive Pearland, TX 77581 BOND AMOUNT: $ 5% SURETY: (Name, legal stains and principal place 4f h: uiilees) Federal Insurance Company 202B Hall's Mill Road Whitehouse Station, NJ 08889 Five Percent of Amount Bid PROJECT: !Name, location or address and Protect fect manlier. %f ally, City of Pearland Natatorium - Air Handling Replacement; Bid No.: CSP 1124-05 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severalty, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified i y the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Omer in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Protect and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished m the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to pertorm the work covered by said bid, then this obligation shall he null and void, otherwise to remain in lull tiyrce and eltect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the as.gregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (f 0) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been titrnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond contitettng with said statutory or legal requirement shall be deemed deleted herefrom and provision` confornming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 29th day of February, 2024 (It fitness) (JPnnessj American Mechanical Services of Houston, LLC (P17ncrpa!) (Seal) By: (TWO Federal Insurance Company (Seal) By: (Ti/le)Rebec a E Porem ki Attorney -in -Fact Surety Phone No. 215-640-1000 S-0054/AS 8/10 CITY OF PF,ARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner) in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: NATATORIUM AIR HANDLING REPLACEMENT 4141 Bailey Road City of Pearland, Texas COP PN: FA2203 BID NO.: CSP 1124-05 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and perfoirned, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVFR, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 to be performed thereunder. 12/2007 00610 - 1 of 2 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESF, PRESENTS: That of the City of , County of , and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner) in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: NATATORIUM AIR HANDLING REPLACEMENT 4141 Bailey Road City of Pearland, Texas COP PN: FA2203 BID NO.: CSP 1124-05 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PF,ARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City o f , County of , and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as o f the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: NATATORIUM AIR HANDLING REPLACEMENT 4141 Bailey Road City of Pearland, Texas COP PN: FA2203 BID NO.: CSP 1124-05 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 o f the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 to be performed thereunder. 07/2006 00612 - 1 of 2 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: • In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through • In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all hens and claims relating to the said Project furnished by the undersigned are paid. State of County of Signature Printed Name & Title Company Name Subscribed and sworn to, before me, this day of , 20 My Commission Expires: Notary Public 5-12-12