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HomeMy WebLinkAboutPR 19400: BRUCE'S GENERAL CONSTRUCTION CONTRACT Energ City of city t rthur Texas INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. Date: May 20, 2016 To: Brian McDougal, City Manager From: Rawetts Baaheth, Sr., Interim Director of Public Works RE: Proposed Resolution No. 19400 RECOMMENDATION I recommend that the City Council approve P. R. No. 19400 authorizing the acceptance of an annual contract with Bruce's General Construction, inc of Beaumont, Texas for the "Annual Contract for Utility Cut Repairs for Concrete Slabs at Various Locations Throughout the City". BACKGROUND This will be an annual service contract to provide for concrete patch work within our city right-of-way, easements, or other properties (except TxDOT roadways) due to water and sanitary sewer line repairs. The advertisement for bids was posted in the Port Arthur News on April 20, 2016. We received four (4) bids, with the bid from Bruce's General Construction, Inc. being the lowest and most responsive. For this contract bid items 1 and 2 were awarded to the lowest bidder, items 3 and 4 the low bidders has agreed not to accept the award,therefore,the next lowest bidder was selected, and item 5 bids will be rejected. BUDGET/FISCAL EFFECT Funds are available in the Utility Streets Account No. 410-1253-532.86-00. STAFFING/EMPLOYEE EFFECT None SUMMARY I recommend that the City Council approve P. R. No. 19400 authorizing the acceptance of an annual contract with Bruce's General Construction, inc of Beaumont, Texas for the "Annual Contract for Utility Cut Repairs for Concrete Slabs at Various Locations Throughout the City". - "Remember we are here to serve the Citizens of Port Arthur" P.R. 19400 05/20/16 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BRUCE'S GENERAL CONSTRUCTION, INC. OF BEAUMONT, TEXAS, FOR THE ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY FOR THE WATER AND SANITARY SEWER DEPARTMENT, ESTIMATED BUDGETED AMOUNT OF $90,000.00. FUNDING AVAILABLE IN UTILITY STREETS PROGRAM ACCOUNT NUMBER 401-1253-532.86-00. WHEREAS, the City of Port Arthur's Utility Department performs utility line repairs at random time intervals throughout the City including demolishing existing concrete slabs within the City's right-of-ways, easements, or other properties; and, WHEREAS, it is more efficient for the City's Utility Department to contract for repairs to provide such services in a timely manner to eliminate the hazardous condition of the pavement surface; and, WHEREAS, the City advertised this contract in the Port Arthur News on April 24, 2016 and May 2, 2016 for this service; and, WHEREAS, four (4) bids were received with the bid by Bruce's General Construction, Inc. having the lowest or most responsive unit prices (See Exhibit"A"); and, WHEREAS, the bid from Bruce's General Construction, Inc. was evaluated by Public Works and Purchasing and found to be the most responsive bid; and, WHEREAS, bid items "1" and "2"will be awarded to the lowest bidder; and, WHEREAS, the low bidders for items "3" and "4" have agreed not to accept the award of the contract, therefore the next lowest bidder will be selected; and, WHEREAS, the bids on item "5" shall be rejected. P.R. 19400 Page 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to execute an agreement with Bruce's General Construction, Inc. of Beaumont, Texas (attached Exhibit"B") for the annual contract for utility cut repairs for concrete slabs at various locations throughout the City with a projected budgetary impact of$90,000, with funding available in account 401-1253-532.86-00; 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: Deloris "Bobbie" Prince Sherri Bellard City Secretary P.R. 19400 Page 3 A. PFROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF dFUNDS: Valecia Tiz- o • City Attorney - Jerry Dale, CPA, Director of Finance &tom.. L--,ct Pate: APPROVED FOR ADMINISTRATION: Clifton Williams, CPPB Actin Purchasing Manager Brian McDougal ..e,& 7 l City Manager R wetts T. Baahetv, Sr. Interim Director of Public Works EXHIBIT A ..;- -. O� to � -p. tri w !k) - ril > 4 4 S ^i n p C? C7 C� WI r� n rti x 0 _ Z C C0 0 U conte n > 0 > > E3 n :::,_ ''''. 0 � 0 b > po z > � c -< n -i g i-:.. ,', zz rr zt.ri A 5 > "1 0 � 0 C ., - D ao — n 'S 'o -3 := „, N ocr > 0 co ... w •„ ; cn -3z A o w Z o ►• rri s p C Let ,.i .Z 0 ! -3 tn pc:, . ,.., x -_ ,' w - OoOo O -y Z r = r -3r cil -3 O 0r , co =7 x C-7 („ rte, n = 'n y � 09 c ? act) '- cc w 7 - c = _ e. � r = -z 7, 0 3 0 5azo 0 0 0 0 i "' ? A yC/� 00 c) u4 c9 cn vn p00c m '= o � A '=ce, _ C , y O O O O A •r+ C -3 M r vs r c r rij > O = 74 r4 \ -o sv r C/) v, b �, v, '=7 > > o L” - � -] Z ane W ;mO on z ...t. r.•> c n b0 .. O � 0 C 'in = NO ' r G. p - 7, - r -� C `-7 . 'a n C7 c v o b O CP x r. or v n En v D to w w w c. z � '' o 0 0 0 0 = c C C N ri b0 pry., mc. C � F >9 O Ii Vii t7 O.11 G N N G ^-3 � -- v V, '= U' O O O b O O O O 1 EXHIBIT B AGREEMENT ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY THIS AGREEMENT, made this the of June 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and Bruce's General Construction, Inc., hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence the work required by the Contract Documents upon Receipt of a Notice to Proceed. The work to be performed under this Contract will be completed on an as needed basis. 2. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen (15) days written notice. 3. 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 of CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the original bid. 5. The value of this contract shall not exceed the amount of $90,000. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Specifications 5) Bid 6) Addendum 7) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: Brian McDougal Ryan Morgan, Vice President City Manager Bruce's General Construction, inc. DELORIS"BOBBIE"PRINCE,MAYOR t BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of e f CITY MANAGER COUNCIL MEMBERS: IJ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON ort r t h tt r MORRIS ALBRIGHT h iac VAL TIZENO KEITH RICHARD CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES APRIL 20,2016 INVITATION TO BID ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 11, 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 11,2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P16-027 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 writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsc portarthurtx.gov 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 authority 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 ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY (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: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: 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 PORT ARTHUR PUBLIC WORKS DEPARTMENT ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY The following specifications given shall apply to all locations. The specifications described below are referenced from the City of Port Arthur Standard Detail Sheets. 1.0 Demolition: Contractor shall remove backfill material from the repair area to a depth of six inches (6") for four inch (4") slab and eight inches (8") for a six inch (6") slabs. Slabs that are greater than six inches (6") shall be paid by the ratio method. Saw-cut patched areas to straight neat edge lines. Broken edge connection will not be accepted. Avoid damaging concrete that will remain in place. Contractor must remove debris daily and leave a clean worksite upon completion of each repair. Sawcut asphalt pavement to full depth. 2.0 Construction: Contractor shall furnish all labor, equipment, and materials to provide this service. Contractor shall notify resident prior to construction. All driveways, sidewalk, street or other slab repairs shall be in accordance with the City of Port Arthur, Texas Standard Detail Sheets (see attached). Concrete curb can be monolithic by contractor's option. Curb ramps shall meet the 2012 Texas Accessibility Standards. 3.0 Concrete shall have a 28-day compressive strength of 3600 psi and shall provide mix design from concrete supplier at the awarding of the contract. 4.0 All street and pedestrian patches shall be open to traffic within 12 hours after pour. 5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel prior to placing concrete. Contractor shall commence repair operations within 48 hours of notification. Contractor must barricade the construction area at non-working hours. 6.0 The City shall submit list of repair locations, mark repair area, calculate repair area, and submit list to the contractor. The City will attempt to submit a minimum of four locations minimum unless otherwise specified by the City. Repair areas shall not include TxDOT roads. Prices include complete repair service (sawcut, excavation, reinforcement, concrete pour and barricades). Curb and gutter prices include removal of gutter and disposal Page 5 of 14 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Annual Contract for Utility Cuts Repairs for Concrete Slabs at Various Locations throughout the City BID DUE DATE: May 11,2016 UNIT COST DESCRIPTION UOM LESS THAN 100 SF 100 SF OR MORE RESIDENTIAL REPAIR SF $ 13.00 $ 11 .00 COMMERCIAL REPAIR SF $ 18.00 $ 16.00 ROADWAY REPAIR SF $ 21 .00 $ 18.00 DESCRIPTION UOM LESS THAN 50 LF 50 LF OR MORE CURB & GUTTER LF $ 34.00 $ 31 .00 CURB&RAMP EA $ 4000.00 Bruce's Gene construction, Inc. 1175 Reynolds Rd. COMPANY STREET ADDRESS Am- SIt'`7'TURE OF :dr.' P.O.BOX Ryan Morgan Beaumont Texas 77707 PRINT OR TYPE NAME CITY STATE ZIP Vice President 409.866.6245 TITLE AREA CODE TELEPHONE NO. ryan@brucesgeneralconstruction.corn 409.866.8245 EMAIL FAX NO. Page 6 of 14 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS 5 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 develop and su mission of this bid proposal. Signature: Printed Name: Ryan Morgan Title: Vice President Company: Bruce's General Construction, Inc. Date: 5-11-16 SUBSCRIBED and sworn to before me the undersigned authority by Ryan Morgan the VP of, Bruce's General Construction on behalf of said bidder. Notary Public in and3for the State of Texas My commission expires: 1 1-17-19 •• $.' LYNIDA y LYNIDA G. REAUX -_: 1 Notary Public,State of Texas �4;r� Eti; My Commission Ens pry„„„ November i 7. 2019 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. BRUCE'S GEN '•l L CONSTRUCTION, INC. 5- 11 - 16 Firm Name Date Authoffized Signature Title RYAN MORGAN 409.866.6245 Name(please print) Telephone ryan@brucesgeneralconstruction.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Ryan Morgan on this the 11th day of May , 20 1 6 ik Notary Public , RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL LYNIDA G. REAUX � Notary Public,State or Texos .`•. »- My Commission Expires November 17, 2019 �� 11 111t��� 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 oferson who has a business relationship with local governmental entity. Bruce's General Construction, Inc. 2. Check this box if you 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 tiler has employment or business relationship. N/A 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 filerx�of the questionnaire? Yes IA 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 LJ 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. 5-11 -16 Signah of person 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 601f 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 out 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 11 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 prevail. 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 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 AC D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) L.....----- 5/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aimee Morrison NAMEArthur J. Gallagher Risk Management Services, Inc. PHONE FAX 1490 Market Street IA/C No Fet)•337-475-7460 AMC.No):337-474-4418 Suite 3 E-MAIL ADDRFSS:Aimee—Morrison@ajg.com Lake Charles LA 70601 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:United Fire&Casualty Company 13021 INSURED INSURER B:Texas Mutual Insurance Company 22945 Bruce's General Construction, Inc. INSURER c:AGCS Marine Insurance Company 22837 1175 Reynolds Rd INSURERD: Beaumont TX 77707-2660 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 11276160 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSD WWI POLICY NUMBER (MM/DD/YYYY) (MMIOD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 60457807 2/13/2016 2/13/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAZ,E TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO- JECT I I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 60457807 2/13/2016 2/13/2017 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ — X HIRED AUTOS )( NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ A X UMBRELLA LIAB X OCCUR Y Y 60457807 2/13/2016 2/13/2017 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $3,000,000 _ DED X RETENTION$10,000 $ B WORKERS COMPENSATION V TSF0001108112 2/13/2016 2/13/2017 X Mum EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEY N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Rented/Leased Equipment SML93065640 2/13/2016 2/13/2017 Limit $180,000 Deductible $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as Additional Insured on the General Liability policy as per endorsement#CG7152, edition 06/11, and per endorsement#CG2037,edition 07/04, and on the Auto Liability policy as per endorsement#CA7109, edition 01/06. Waiver of Subrogation applies to certificate holder as respects the General Liability, Auto Liability and Workers Compensation policies pursuant to and subject to the policies'terms,definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur TX 77640 USA AUTHORIZED REPRESENTATIVE 14-7 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD