a. Proposals shall be submitted in a sealed envelope and addressed as follows:

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1 1 CITY OF ATCHISON REQUEST FOR QUALIFICATIONS & PROPOSAL HVAC SERVICES JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 DUE: DECEMBER 10, :00 A.M. The City of Atchison (City) invites interested and qualified parties to submit qualifications and proposals of rates for heating and cooling (HVAC) services described in this request. The information outlined in this request details the intent and scope of the request and the guidelines governing the submission and evaluation process. HVAC services required shall be on an as needed basis. Typically, requested services include HVAC work for which the City lacks the resources and/or expertise to complete. There are multiple points of contact within the City requiring selected contractor to communicate with various departments simultaneously. The selected contractor must be able to track and invoice its services to each department of the City. Selected contractors shall differentiate labor, equipment, and material costs on each invoice. Bidders are expected within reason to conform to the parameters of this request. The City may accept proposals that contain omissions, additions, or alterations to the request; however, any exception to the parameters of this request shall require clear explanation in a separate attachment to the proposal. 1. PREPARATION OF PROPOSALS a. Bidders shall include one (1) original proposal using the forms contained within this request plus any attachments deemed necessary by the requirements of this request. b. All proposals shall be submitted in a clear, concise, and legible manner. 2. PROPOSAL SUBMISSION a. Proposals shall be submitted in a sealed envelope and addressed as follows: HVAC Bid 2014 Atchison Public Works Department 1801 Main St Atchison, KS b. Proposals must be signed by an authorized agent with the authority to enter the company into a contractual agreement with regard to price and related obligations. Unsigned proposals shall not be considered. c. Proposals may be withdrawn at any time prior to the bid opening. Proposals received after the bid opening shall not be opened or considered.

2 2 3. CITY OF ATCHISON OPTIONS 4. SALES TAX 5. INQUIRIES a. The City of Atchison reserves the right to reject any and/or all bids. b. Competitive bids for similar services may be required for certain projects at the discretion of the City of Atchison. c. The City of Atchison reserves the right to hire non-contracted firms for similar services when necessary to best serve public interest. d. City personnel must follow the organization s procurement policies and may on occasion request quotations for specific projects for the purposes of budget planning or obtaining authorization to purchase. a. The City of Atchison is tax exempt. Sales tax shall not be included in proposal rates and/or actual invoices. A tax exemption certificate shall be furnished to the selected contractor upon request. a. Questions concerning this request and its requirements may be directed to: Clinton McNemee Deputy Public Works Director [email protected] b. The City of Atchison reserves the right to communicate with any or all potential bidders for the purposes of clarifying the provisions of this request. c. The City of Atchison reserves the right to request additional information from any or all bidders after the bid opening. 6. AWARD AND AUTHORITY a. The City of Atchison Public Works Department shall issue a notice of award in writing. 7. AWARD, PRICING, AND DURATION OF SERVICE a. HVAC services for the City shall be awarded to the successful respondent to this request on an as needed basis for various projects, assignments, installations, maintenance tasks, repairs, and consultations. b. Proposed pricing shall be effective January 1, 2014 at 12:00 a.m. to December 31, 2014 at 11:59 p.m. c. Upon mutual agreement of both parties, the contract may be extended at the proposed rates for one (1) year not to exceed three (3) consecutive years. The selected contractor shall indicate to the City of Atchison prior to November 1 st of the current contract year its willingness to continue the proposed rates for the following contract year.

3 3 8. ASSIGNMENT OF RIGHTS, TITLES, AND INTERESTS AND SUBCONTRACTING a. Any assignment or subcontracting of work to be performed related to this request and any other City of Atchison-related procurement shall not be permitted without the consent of the City of Atchison. 9. HOLD HARMLESS CLAUSE a. Any contractor or subcontractor of the City of Atchison agrees to indemnify, hold harmless, and defend the City of Atchison from and against any and all liability for loss, damage, or expense which the City of Atchison may suffer or for which the City of Atchison may be held liable by reason of injury, including death, to any person or damage to any property arising out of or in any manner connected with the operations to be performed under this request and subsequent contracted services, whether or not due in whole or in part of any act, omission, or negligence of the City of Atchison or any of its representatives or employees. 10. WORK REGULATIONS AND STANDARDS a. All HVAC services related to this request shall be performed for the City of Atchison in accordance with current Federal, State, and Local regulations. b. The selected contractor shall maintain current licensing, if applicable, with the City of Atchison. c. All work performed shall be under the supervision of a licensed HVAC professional. 11. INSURANCE a. The selected contractor shall be required to furnish a Certificate of Insurance which names the City of Atchison as additionally insured. The insurance is to include Contractor s Liability and Worker s Compensation. Certificates of Insurance must be provided by companies that are licensed in the State of Kansas and must certify coverage of $1,000,000 per occurrence. b. The selected contractor shall notify the City of Atchison thirty (30) days prior to changing, or the cancellation of, coverage. In the event of cancellation, the contractor shall cease all operations related to this request and shall not commence operations until coverage has been restored and a new Certificate of Insurance has been furnished to the City of Atchison. 12. WARRANTY a. The selected contractor shall warrant that any services or related materials that are found to be defective or faulty due to imperfect and/or bad workmanship and/or materials within one (1) year from the date of completion shall be replaced at no additional cost to the City of Atchison.

4 4 13. RESPONSE TIME REQUIREMENTS 14. INVOICING a. The selected contractor shall agree to respond to emergency calls twenty-four (24) hours per day, seven (7) days per week throughout the duration of the contract. Required response time for emergency calls is one-hundred, twenty (120) minutes from the time of the call. a. The selected contractor shall provide itemized billing for each invoice. Each invoice shall include: Invoice Date Indication of city department, division, or employee that ordered the service Basic description of service Total cost for Labor Description and total cost for parts and materials Total costs for other items such as equipment rental, fuel charges etc. b. The selected contractor shall charge a ten percent (10%) price markup for parts and materials. 15. PROPOSAL CHECKLIST a. Contractor Information Summary (pg 5) b. References (pg 6) c. Proposal of Rates (pg 7) d. Signature of Authorized Agent (pg 7) e. Sealed Envelope marked HVAC Bid SELECTION CRITERIA a. Qualifications of contractor s mechanics b. Contractor s reputation for timely, quality performance c. Relevant experience and expertise d. Rates e. Response Times and ability to provide 24-hour emergency service

5 5 CONTRACTOR INFORMATION SUMMARY (Attach additional sheets as needed) COMPANY NAME BUSINESS TYPE (LLC, Sole Proprietorship etc.) NUMBER OF YEARS IN BUSINESS NUMBER OF EMPLOYEES QUALIFICATIONS OF PERSONNEL PROPOSED TO PERFORM WORK FOR THE CITY OF ATCHISON: RESPONSE TIME TO NON-EMERGENCY SERVICE CALLS: DURING NORMAL BUSINESS HOURS MINUTES AFTER HOURS AND WEEKENDS MINUTES INDICATE EXPERIENCE AND/OR QUALIFICATIONS RELATED TO: INDUSTRIAL, COMMERCIAL, INSTITUTIONAL, OR GOVERNMENTAL FACILITIES

6 6 REFERENCES Provide references for at least three (3) clients from the last ten (10) years for HVAC services related to governmental, institutional, commercial, and/or industrial settings. ORGANIZATION NAME CONTACT NAME PHONE SERVICE DATES TYPE OF WORK ORGANIZATION NAME CONTACT NAME PHONE SERVICE DATES TYPE OF WORK ORGANIZATION NAME CONTACT NAME PHONE SERVICE DATES TYPE OF WORK ORGANIZATION NAME CONTACT NAME PHONE SERVICE DATES TYPE OF WORK ORGANIZATION NAME CONTACT NAME PHONE SERVICE DATES TYPE OF WORK

7 7 PROPOSAL OF RATES & CONTACT INFORMATION LABOR $ PER HOUR EQUIPMENT $ PER HOUR HOURLY RATE - REGULAR HOURLY RATE - OVERTIME MATERIALS % PERCENT MARKUP 10 COMPANY NAME: ADDRESS: CITY-STATE-ZIP: PHONE: FAX: As an authorized agent of the contracting firm, I certify that all information and pricing included with this submission is complete and correct, and I certify that the firm has the expertise and resources necessary to meet the requirements as described in this RFP. AUTHORIZED AGENT - NAME SIGNATURE DATE

8 ANNUAL SERVICES AGREEMENT - HVAC Services 2014 This AGREEMENT is made this day of, 20, by and between the City of Atchison hereinafter referred to as "CITY" and the contracting firm hereinafter referred to as "CONTRACTOR". Each shall be referred to as "PARTY" and collectively as "PARTIES". WHEREAS, the PARTIES enter into this agreement for the purposes of securing CONTRACTOR services and pricing for the duration of the CITY's fiscal year dated January 1, 2014 through December 31, 2014 for services related to facilities, equipment, utilities, and properties operated and/or maintained by the CITY. NOW THEREFORE, the CITY and the CONTRACTOR agree as follows: [1] SCOPE OF RESPONSIBILITIES OF CONTRACTOR A. CONTRACTOR shall not assign or subcontract any work covered by this AGREEMENT without the consent of the CITY. B. CONTRACTOR shall indemnify, hold harmless, and defend the CITY from and against any and all liability for loss, damage, or expense which the CITY may suffer or for which the CITY may be held liable by reason of injury, including death, to any person or damage to any property arising out of or in any manner connected with the operations to be performed under this request and subsequent contracted services, whether or not due in whole or in part of any act, omission, or negligence of the CITY or any of its representatives or employees. C. CONTRACTOR shall perform all work covered by this AGREEMENT in accordance with current Federal, State, and Local regulations. D. CONTRACTOR shall maintain current licensing, if applicable, with the CITY. E. CONTRACTOR shall ensure that all work covered by this AGREEMENT is performed under the supervision of a master-level licensee. F. CONTRACTOR shall furnish a Certificate of Insurance which names the City of Atchison as additionally insured. The insurance is to include Contractor s Liability and Worker s Compensation. Certificates of Insurance must be provided by companies that are licensed in the State of Kansas and must certify coverage of one-million dollars ($1,000,000.00) per occurrence. G. CONTRACTOR shall notify the CITY thirty (30) days prior to changing, or the cancellation of, coverage. In the event of cancellation, the contractor shall cease all operations related to this request and shall not commence operations until coverage has been restored and a new Certificate of Insurance has been furnished to the CITY. H. CONTRACTOR shall warrant any services or related materials that are found to be defective or faulty due to imperfect and/or bad workmanship and/or materials within one (1) year from the date of completion shall be replaced at no additional cost to the CITY.

9 I. CONTRACTOR shall respond to emergency calls twenty-four (24) hours per day, seven (7) days per week throughout the duration of the contract. Required response time for emergency calls is one-hundred, twenty (120) minutes from the time of the call. J. CONTRACTOR shall complete non-emergency work in a timely manner and shall notify the CITY of expected delays if deadlines cannot be met. K. CONTRACTOR shall provide itemized billing for each invoice including: Date of Invoice, indication of CITY department or employee for which service was performed, basic description of service, total labor cost, total parts and materials cost, and overall total costs including costs for miscellaneous items such as equipment rentals or fuel charges. L. CONTRACTOR shall charge a ten percent (10%) price markup for parts and materials. M. CONTRACTOR shall provide quotations for certain products and services for which the CITY needs for budget planning or obtaining authorization to make purchases in accordance with procurement policies. N. CONTRACTOR shall notify the CITY in writing prior to November 1st of the current contract term of its willingness to continue the proposed rates for the following contract year. If both PARTIES agree to extend the contract at the proposed rates, a new agreement shall be entered into. [2] SCOPE OF RESPONSIBILITIES OF CITY A. CITY shall typically order work covered by this AGREEMENT from the CONTRACTOR unless it is necessary to order such work from another contracting firm in order to best serve public interest. B. CITY shall reserve the right at its own discretion to solicit competitive pricing for certain similar services or products when deemed necessary by the CITY to ensure that the best interest of the public is being served. C. CITY shall furnish tax exemption information as required by the CONTRACTOR. D. CITY shall order work by such means that are verbally agreed upon as acceptable by both PARTIES. E. CITY shall communicate to the CONTRACTOR at the time of request if certain deadlines must be met. F. CITY shall reserve the right to reject unsatisfactory work and/or materials. G. CITY shall provide full payment for satisfactory work and/or materials within thirty (30) days of receipt of invoice. H. CITY shall respond to the CONTRACTOR in writing to acknowledge receipt of the letter describing the CONTRACTOR's willingness to continue providing services the following year for the proposed prices. If both PARTIES are willing to extend the contract, a renewing agreement shall accompany the letter. I. CITY shall verify the status of the CONTRACTOR's licensing with the CITY prior to entering into an agreement.

10 [3] TERM, FEES, AND GENERAL CONSIDERATIONS A. The TERM of this AGREEMENT shall begin at 12:00 a.m. January 1, 2014 and end at 11:59 p.m. December 31, B. Either PARTY may terminate this AGREEMENT for a material breach of this AGREEMENT by another PARTY. C. It shall be understood by both PARTIES that the corresponding Request for Proposals or "RFP" shall not contradict any section in whole or in part of this AGREEMENT, and this AGREEMENT shall likewise not contradict any section in whole or in part of the RFP. D. It shall be understood by both PARTIES that fees, prices, and other information submitted by the CONTRACTOR in response to the RFP shall be valid for the entirety of the TERM. E. It shall be understood by both PARTIES that the CITY shall keep on file attached to this signed AGREEMENT copies of the CONTRACTOR's complete RFP submission and related documentation, the CONTRACTOR'S Certificate of Insurance, and the corresponding letters of award and letters of willingness to renew the AGREEMENT at proposed pricing from both PARTIES and that all such documents shall be considered binding in relation to this AGREEMENT. Both PARTIES enter into this AGREEMENT by signing below: X / / Atchison City Manager - CITY Date X / / Authorized Agent - CONTRACTOR Date ATTEST: X / / Clerk - CITY Date