HomeMy WebLinkAboutPR 19321: CMM CONSTRUCTION CONTRACT City of
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INTEROFFICE MEMORANDUM
UTILITY OPERATIONS - ADMINISTRATION DIV.
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
Date: May 12, 2016
RE: P. R. 19321
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 19321, awarding a bid and
authorizing the execution of a one year contract for Utility Cuts on Flexible Base Streets to CMM
Construction Co., Inc. of Beaumont, Texas. This contract will be awarded on a unit cost basis as listed
below.
BACKGROUND:
This is a one year contract for the repair of utility cuts on flexible base streets. Historically, the Streets
division provides for the repairs of flexible base streets for the repairs to water and sewer lines. Due to
the extremely large number of utility cuts from water line breaks bids were solicited from contractors to
provide for these repairs. The City will pay for all materials associated with the process, with the
contractor's sole responsibility being to furnish labor and equipment for the placement of the materials
and to place the materials. Three vendors were contacted with responses from only two.
Two bids were received, with the lowest as follows:
CMM Construction Co.,Inc.,Beaumont,Texas
Labor and Equipment Cost per Ton of Material to be Placed $350/ton
BUDGET /FISCAL EFFECT:
Funds are provided in account no. 410-1253-532.36-00, Utility Operations Water Distribution Streets
account, and account no. 410-1256-532.36-00, Utility Operations Wastewater Conveyance Streets
account.
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"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19321
05/12/16 aw/nt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A ONE YEAR
CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND CMM
CONSTRUCTION CO., INC. OF BEAUMONT, TEXAS FOR REPAIR OF
UTILITY CUTS ON FLEXIBILE BASE STREETS ON A UNIT COST BASIS,
WITH AN ESTIMATED BUDGETARY IMPACT OF $140,000.00. FUNDING IS
AVAILABLE IN ACCOUNT NO. 410-1253-532.36-00, UTILTTIY OPERATIONS
WATER DISTRIBUTION STREETS, AND 410-1256-532.36-00, UTILITY
OPERATIONS WASTEWATER CONVEYANCE,STREETS.
WHEREAS, historically, the Streets division provides repairs to flexible base streets for utility
cuts;and,
WHEREAS, due to a large number of water line breaks the number of utility cuts is extremely
large and due to staffing capabilities contracting this service will allow for these repairs to be performed
in a timely manner providing safer and more accessible streets for citizens;and,
WHEREAS, Purchasing advertised in the Port Arthur News on the 17th day of April 2016, and
the 24th day of April 2016, for bids for a one year contract for the repair of utility cuts on flexible base
streets;and,
WHEREAS, on the 4th day of May, 2016, two (2) bids were received and opened for the above
referenced contract,and have been evaluated by the Purchasing and Public Works staff; now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the City Council of the City of Port Arthur hereby awards the bid for a one year contract
for Repair of Utility Cuts on Flexible Base Streets to the lowest responsible bidder, CMM Construction
Co.,Inc.of Beaumont,Texas as shown in Exhibit"A"attached hereto;and,
THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to execute
on behalf of the City, a contract between the City of Port Arthur and CMM Construction Co., Inc. of
Beaumont, Texas for a term of one year for the Repair of Utility Cuts on Flexible Base Streets in the City
of Port Arthur,Texas;and,
THAT,the contract is awarded on a unit cast basis as shown in Exhibit"B";and,
P.R. 19321
Page 2
THAT, funding is available in account no. 410-1253-532.36-00, Utility Operations Water
Distribution Streets account, and account no. 410-1256-532.36-00, Utility Operations Wastewater
Conveyance Streets account;and,
THAT,a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ,ADOPTED AND APPROVED this the day of ,A.D.2016 at a
meeting of the City of Port Arthur,Texas by the following vote: Ayes: Mayor:
Councilmembers:
Noes:
Mayor
ATTEST: APPROV' I AS TO FORM:
I %/
Sherri Bellard V.7. 1 •
City Secretary Ci Atto
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
� —
Brian McDougal Jerry Dale
City Manager Director of Finance
Dr.Jimmie Johnson Clifton Williams
Assistant City Manager Acting Purchasing Manager
P. R. 19321
05/12/16 aw
Exhibit "A"
i ,
7n of CITY OF PORT ARTHUR TEXAS
qi; .`\\' $ Bid Tabulation
ort /rlhy—
T e.t.a%
Repair of Utility Cuts on Flexible Base Streets
Date: May 4,2016
Name of Bidders
CMM Widgeon
Construction LD Construction,
Co., Inc Construction Inc
Item# Description
Repair of Utility Cuts on
1. Flexible Base Streets $350.00/Ton $450.00/Ton No Bid
Location Beaumont, TX Beaumont,TX Orange, TX
ton Williams Jr.,CPPB, Acting Purchasing Manager Date
P.R. 19321
05/12/16 aw
Exhibit "B"
P. R. 19321
05/12/16 aw
CONSTRUCTION CONTRACT AGREEMENT
Repairs of Street Utility Cuts
THIS AGREEMENT, made this day of , 2016, by and
between the City of Port Arthur, Port Arthur, Texas a municipal corporation organized under the
laws of the State of Texas, hereinafter called"OWNER" or"CITY"and CMM Construction Co..,
Inc. a(n) Corporation, herein acting by and through Anthony Ceaser hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agrees as follows:
1. The term of this Contract shall be from to
2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all
of the materials, supplies, tools, equipment, labor, and other services necessary to
connection therewith, excepting those supplies specifically not required on
CON TRACTOR in the Specifications.
3. The CONTRACTOR agrees to perform all the work described in the Specifications and
contract documents and comply with the terms therein for unit prices as stated below:
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
Labor and Equipment Cost per $350/ton
Ton of Material to be Placed
4. The term"CONTRACT DOCUMENTS"means and includes the following:
(A) Agreement
(B) Invitation to Bid
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
P. R. 19321
05/12/16 aw
IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in two copies each of which shall be deemed in
original on the date first above written agreed to on day of , 2016.
APPROVED IN FORM: OWNER:
By
Brian McDougal
City Manager Name
Title
DELORIS"BOBBIE"PRINCE,MAYOR = BRIAN MCDOUGAL
KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of ., CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. - CITY SECRETARY
TIFFANY HAMILTON r)r t r 11111 r
MORRIS ALBRIGHT e icrs VAL TIZENO
KEITH RICHARD CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI
CHARLOTTE MOSES
APRIL 18, 2016
INVITATION TO BID
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, May 4, 2016. (The clock located in the City Secretary's office will be the official time.)
All bids received will be read aloud at 3:15 p.m. on Wednesday, May 4, 2016 in the City Council Chambers,
City Hall, 5t Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P16-023
DELIVERY ADDRESS: Please submit one (1) original and one (I) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in w ritinti to:
City of Port Arthur,TX
Clifton Williams, Acting Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
cl ifton.wil liams@,portarthurtx.gdv
•
Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authorit to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Acting Purchasing Manager
•
•
Page 2 of 14
INVITATION TO BID
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
L Gu -&e
Person Completing Form: Telephone:
Mailing Address: Email:
ei8 4i ,1 -4 n PM 9q hmi&i ii (to/ & w
. City, State, Zip Code: Date:
-6 77267 ,2 /( -
•
Page 3 of 14
AUTOMATIC DISQUALIFICATIONS OF BID
BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE
DONE.
1. BIDDER DOES NOT WRITE IN.PEN.
2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE
CHANGE
3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT
COMPLETELY.
A. BID SHEET-PAGE 7. MAKE SURE TO FILL IN PRICE.
B. NON-COLLUSION AFFIDAVIT- PAGE 15 (MUST BE NOTARIZED)
C. AFFIDAVIT- PAGE 8 (MUST BE NOTARIZED)
D. CONFLICT OF INTEREST PAGE 9 (IF THERE IS NO CONFLICT BIDDER
MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4).
•
Page 4 of 14
SPECIFICATIONS FOR
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
SCOPE OF WORK:
1. The City of Port Arthur has made a number of repairs to water and sewer lines throughout the city. The
utility cuts were filled with limestone as temporary patches. Contractors will remove the limestone and
repair the utility cuts with hot-mix asphaltic pavement for this contract.
2. Contractor will furnish labor and equipment to provide this service. Contractor will provide the following
equipment:
A. Concrete saw
B. Backhoe
C. Dump truck(s)
D. Roller compactor
E. Mechanical hand tamper
F. Pick-up trucks—as needed
G. Construction broom—as needed
H. Oil distributor truck—as needed
I. Asphalt lay-down machine—as needed.
3. Contractor will saw cut pavement to provide straight edges for repair areas.
4. Contractor.will remove limestone backfill from the repair area to a depth sufficient to match the existing
pavement (normally 3"—4"— greater depth as required). The removed limestone material will be taken to a
location specified by the City.
5. Contractor will place two inches to three inches (2"—3") of hot-mix asphalt to match the existing pavement
depth. An asphalt lay-down machine will be used as required for specified locations.
6. Contractor will apply tack oil to the exposed limestone base material prior to placing the hot-mix asphalt to
ensure proper adhesion.
7. Contractor will compact asphalt material with a roller or hand tamper as required.
8. Contractor will remove debris and leave a clean worksite upon completion of each repair:
9. Price will be based on the labor and equipment required to place one ton of hot mix asphalt.
10. The City will furnish the water, barricades, tack oil, and hot-mix asphalt.
11. Contract is one year with the option to renew for one additional year.
Page 5 of 14
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Repair of Utility Cuts on Flexible Base Streets
BID DUE DATE: May 4, 2013
DESCRIPTION COST
Repair of Utility Cuts on Flexible Base Streets $ g(Q, OD /Ton
PLEASE MAKE SURE EVERYTHING IS COMPLETE AS STATED ON PAGE 4
67Wkither4 Jizi>4' 1)5/416P
COMPANY NAME STREET ADDRESS
dOlir As> Atiiir
SIGNAT • •iF B I R P.O. BOX
P•s T O R TYPE N E (.I" STATE 73 772d7
TI LE AREA CODE TE FPHONE NO.
edit /&a- aim 1/0- - 4///A4///A/'7/� '7 .
E AIL FAX NO.
Page 6 of 14
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature: •
Printed Name: —� �,,lJn�_d4�
Title: '/aAio
Company: NI, Wj/7/ �l7(�J(
Date: /�'�/,/ay� q,�y�E'�
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SUBSCRIBED and sworn to before me the undersigned authority by iNt the t.AY of, Hay on
behalf of said bidder. 46
•�o�ARvpG��•�''3 Notary Pu• nand for the
� State of Te-as
• 9 1 � = My commission expires:
657,2L7/16/7
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Page 7 of 14
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
/ I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
zi h ,klt2y 3,le
Firm Nan c Date
Authorized Signature Title
T z L144-g4.4-M7
Name (pleaf se print) Telephone
hi4g6Y,
Email
STATE:
COUNTY: A . 4
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SUBSCRIBED AND SWORN to before me by the above named 77 cd,z41.6r19
on this the "&4/ day of 20
Notary Public wd,
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOS\ �NICK1 }i7",��
: RYpU�Go: ��f
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Page 8 of 14
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business
day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who
ti,ass relationship with local governmental entity.
v2. Check this ox ififyou are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom filer has employment or business relationship.
Name of,Officer
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No ,
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which'the local government
Officer sevves.as an officer or director,or holds an ownership of 10 percent or more?
Yes ✓1 No -
D. Descr'.e each employment or business relationship with the local government officer named in this section.
4. I (�
Signature of pers P doing business with the governmental entity . Date
Page 9 of 14
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest. •
2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
Page 10 of 14
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operation, P.O. Box
1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying opt of the program, shall have any personal financial interest, direct or indirect, in this Contract;
. and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
Page 1 I of 14
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevai I.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of', or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
Page 12 of 14
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SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any
sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage$100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage. •
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration,dates) and to date and sign and do all other things necessary to complete and make into valid
. certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates-of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor'shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
Page 13 of 14
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
•
Page 14 of 14
DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL
KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
TIFFANY HAMILTON ort r t h u r
MORRIS ALBRIGHT Tc ru s VAL TREND
KEITH RICHARD CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI
CHARLOTTE MOSES
APRIL 18,2016
INVITATION TO BID
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, May 4, 2016. (The clock located in the City Secretary's office will be the official time.)
All bids received will be read aloud at 3:15 p.m. on Wednesday, May 4, 2016 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE:P16-023
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O.BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writin to:
City of Port Arthur, TX
Clifton Williams,Acting Purchasing Manager
P.O.Box 1089
Port Arthur, TX 77641
clifton.williams(a,,portarthurtx.gov
Purchasing Division/Finance Department j Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291
INVITATION TO BID
REPAIR OF UTILITY CUTS ON FLEXIBLE BASE STREETS
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services? X
Were the specifications clear? X
Were the specifications too restrictive? X
X
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service? X
Does your present work load permit additional work? X
Comments/Other Suggestions:
Company Name:
CMM CONSTRUCTION CO.,INC
Person Completing Form: Telephone:
ANTHONY J. CEASER 409-899-2360
Mailing Address: Email:
mageebeaumont@aol.com
PO BOX 12479 cmm1145(&att.net
City,State, Zip Code: Date:
BEAUMONT,TX 77726-2479 04/28/2016
Page 3 of 14
CITY OF PORT-ARTHUR,TEXAS
BID SHEET
BID FOR: Repair of Utility Cuts on Flexible Base Streets
BID DUE DATE: May 4, 2013
DESCRIPTION COST
$350.00
Repair of Utility Cuts on Flexible Base Streets THREE i °DNO CENTS
PLEASE MAKE SURE EVERYTHING IS COMPLETE AS STATED ON PAGE 4
CMM CONSTRUCTION CO., INC 2555 E. LUCAS DRIVE
COMPANY NAME STREET ADDRESS
()Q PO BOX 12479
SIGNATURE/0 BIDDER P.O.BOX
.ANTHONY J. CEASER BEAUMONT, TX 77726-2479
PRINT OR TYPE NAME CITY STATE ZIP
PRESIDENT 409-899-2360
1T1LE AREA CODE TELEPHONE NO_
mageebeaumont@aol.com -
or
cmm1145@att.net 409-899-1061
EMAIL FAX NO.
Page 6 of 14
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
§
STATE OF TEXAS §
•
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
dM #��vA C\ 9)\I
Printed Name:
Anthony J. teaser
Title: President
Company:
CMM Construction Co.. Inc
Date: April 28,2016
g ( y ( &A...4- / I Clyl M n �C
SUBSCRIBED and sworn to before me the undersigned ut or t�k / the of, an
behalf of said bidder.
'"' ORA L MAGEE Da , N' /c_e i
,,�K<<.: August 24,2018 Notary Public in and for t
State of Texas
My commission expires: 07.41, 2.69/(9 ur"-
Page 7 of 14
• AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
CMM CONSTRUCTION CO.,INC APRIL 28,2016
Firm Name Date
(2� , 67/3.-,-).9--\ PRESIDENT
Authorized/Si ature Title ,
ANTHONY J. CEASER 409-899-2360
Name(please print) Telephone
cmm1145@att.net or mageebeaumont@aol.com
Email
STATE: 9_...a/...4) •
COUNTY: 'it
SUBSCRIBED AND SWORN to before me by the above namedGly L� Oece-e-g4)
on this the ,29 day of Q a J 20 16 .
)1
ORAL MAGEE im/ ,/ . o��
* _.,
' vMY COMMISSION EXPIRES Notary Public V
-f:;li?` August 24,2018
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 14
w
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80th Leg_,Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this
section is a Class C misdemeanor.
1.Name of person who has a business relationship with local governmental entity. /�
2. I I Check this box if you are filing an update to a previously filed questionnaire./r
'/
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
7"'business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government officer with whom filer has employment or business relationship.
Name f cer
This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment
income,from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
ov
1 Yes 111 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4- AV" .'jt.., , e. �zoT vo7,,
Signature of,: on d ing business with the governmental entity D
Page 9 of 14