HomeMy WebLinkAboutPR 19753: MIKE BARNETT CONSTRUCTION, REMOVAL AND REPLACEMENT OF FLOORING AT THE SABINE PASS COMMUNITY CENTER Memorandum
City of Port Arthur, Texas
Civic Center Department
TO: Brian McDougal, City Manager
FROM: Adam J. Saunders, Civic Center Director
DATE: 4/24/17
SUBJECT: Proposed Resolution No. 19753
REQUEST:
The floor of the Sabine Pass Community Center is in need of replacement due to moisture intrusion. The
cost of this is $28,950.00.
ANALYSIS/CONSIDERATION:
Moisture intrusion at the Sabine Pass Community Center has caused most of the flooring to come unglued
and there are places where warping has taken place. This building was constructed by money from
Golden Pass LNG donated to Port Arthur for Positive Action. Once the building was built, it was donated
to the City of Port Arthur. It is believed a moisture barrier was not in place during construction. Because
of this,the entire floor, including flooring and subfloor will need to be removed. A moisture barrier will
be put down, as well as a new subfloor and flooring. The amount is available in the Civic Center Budget.
Three bids were received. There were two options of flooring and Option One was chosen. Mike Barnett
Construction of Port Neches, Texas was the lowest bidder at$28,950.00. The other two were:
• KCD Construction $54,738.03
• GCH Construction $72,500.00
RECOMMENDATION
A resolution authorizing the city manager to enter into an agreement with Mike Barnett Construction of
Port Neches,TX for the removal and replacement of flooring and sub flooring at the Sabine Pass
Community Center for the amount of$28,950.00.
BUDGETARY AND FISCAL EFFECT
Funds available in 001-1061-518-32.00
STAFFING EFFECT
None
P.R. No. 19753
04/24/17 AJS
PAGE 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH MIKE BARNETT CONSTRUCTION OF
PORT NECHES, TEXAS, FOR THE REMOVAL AND REPLACEMENT
OF FLOORING AND SUB FLOORING AT THE SABINE PASS
COMMUNITY CENTER, WITH A PROJECTED BUDGETARY IMPACT
OF $28,950.00. FUNDS AVAILABLE IN ACCOUNT NO. 001-1061-518-
32.00
WHEREAS, the flooring and sub floor at the Sabine Pass Community Center is in need
of removal and replacement; and
WHEREAS, three bids were received for the work(Exhibit"A"); and
WHEREAS, Mike Barnett Construction of Port Neches, Texas, was the lowest bidder at
$28,950.00; and
WHEREAS, Mike Barnett Construction is qualified to perform the work required.
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.
THAT, the City Manager is hereby authorized to enter into an agreement with Mike
Barnett Construction of Port Neches, Texas, for the removal and replacement of flooring and sub
flooring at the Sabine Pass Community Center, with a projected budgetary impact of$28,950.00,
in substantially the same form as attached hereto as Exhibit"B".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. No. 19753
04/24/17 AJS
PAGE 2 of 3
READ, ADOPTED, AND APPROVED, this day of August, 2017, AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor: ,
Councilmembers: ,
NOES: .
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
\14,5.-.
Valecia Ti no, City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
P.R. No. 19753
04/24/17 AJS
PAGE 3 of 3
APPROVED AS TO FUND AVAILABILITY:
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Rosie Vella, CPA/CGFO
Interim Director of Finance
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Clifton Williams, CPPB
Acting Purchasing Manager
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EXHIBIT "B"
CONTRACT FOR RENOVATIONS OF THE SABINE PASS
COMMUNITY CENTER SECOND FLOOR
THIS AGREEMENT, made this day of , 2017,
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 Mike Barnett
Construction a(n)
Individual, firm, partnership or corporation
herein acting by and through Lance Barnett hereinafter called""CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be ten (10) available days from the date issued 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 ten (10) days
written notice.
2. The CONTRACTOR agrees to perform all the work described in the
Specifications for Option 1 and Contract Documents and comply with the terms
therein for the prices as stated in the attached bid.
3. It is agreed all work must be done around events taking place in the Sabine Pass
Community Center and cannot interfere in any way. A time table of available
dates and times will be worked out between the Owner and Contractor.
4. 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 for Option 1.
5. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the sum of
$28,950.00.
6. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for Bids
3) Addenda
CITY OF PORT ARTHUR,TEXAS
•
lato
tieorr rlhr ADDENDUM NO.ONE (1)
March 28,2017
Bid Proposal For: RENOVATIONS OF THE SABINE PASS COMMUNITY CENTER
SECOND FLOOR
The following clarifications, amendments,deletions, additions,revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. DEADLINE; Scaled Bid submittals must be received and time stamped by 3:00 p.m.,
Central Standard Time, Wednesday, April 5, 2017. (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, April 5, 2017 in the City Council Chambers, City Hall, 56 Floor,
Port Arthur,TX. You are invited to attend.
2. Remove Bid Sheet in the Bid Package and replace with attached Bid Sheet.
3. Replace the drawing with the attached drawing,
4. Bid Specifications have changed to the following
Option 1:
Floating Flooring
Felt Paper
Sub Flooring Treated Wood
Option 2:
Glue Flooring
`%" Plywood
. Felt Paper -
Sub Flooring Treated Wood
Continued
Page 1 of 2
4) General Information
5) Specification
6) Bid
7) Notice of Award
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
8. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in( 2 copies) each of
which shall be deemed an original on the date first above written.
Signed and agreed on the day of , 2017.
CONTRACTOR
(Contractor's Signature)
Title
Address
Signed on this the day of , 2017.
CITY OF PORT ARTHUR
By:
Brian McDougal
City Manager
P.O. Box 1089
Port Arthur, TX 77641-1089
CITY OF PORT ARTHUR,TEXAS
L'tf5 uJ = ;gyj-
1.. ADDENDUM NO.ONE (1)
art rthur
7ee::r
March 28,2017
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
6445.1tAdtt4M,
Clifton Williams,CPPB
Acting Purchasing Manager
gnatur • 'roposerDate.
•
Page 2 of t
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC
�A CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III _ VAL TIZENO
KEITH RICHARD �>r/ /1 It r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Texas
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
MARCH 6, 2017
INVITATION TO BID
RENOVATIONS OF THE SABINE PASS COMMUNITY CENTER SECOND FLOOR
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 29, 2017. (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, March 29,
2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P17-031
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 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.williams@portarthurtx.gov
Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street' Port Arthur,Texas 77641 1 409.983.8160 'Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS 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 16
NON-MANDATORY
PRE-BID CONFERENCE
A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Renovation of Sabine Pass Community Center 2' Floor will be held on
Tuesday, March 21, 2017 at 10:00 a.m. at the Sabine Pass Community Center located at 5262
South Gulfway Drive, Sabine Pass,Texas.
The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to
answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that
may affect the project construction. No addendum will be issued at this meeting, but subsequent
thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the
Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid
Conference will be rejected and returned unopened to the bidder.
It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory.
However, in the event that you misinterpret the specifications because of failure to attend the
pre-bid meeting; the City will not be held responsible.
Page 3 of 16
INVITATION TO BID
RENOVATIONS OF THE SABINE PASS COMMUNITY CENTER SECOND FLOOR
(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 4 of 16
Scone of Work
Please refer to Drawing
Option 1:
Floating Flooring
Balterio or Equivalent
12MM Laminate
Water Proof
Option 2:
Glue Flooring
Novails Davidson or Equivalent
20MM Glue Down Vinyl
Needs '/a" Layer Luan Over Treated Wood to Glue
Option 3:
Glue Flooring
Prop. 3/4" Treated Wood
Needs 1/4" Layer Luan Over Treated Wood to Glue.
Page 5 of 16
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: RENOVATIONS OF THE SABINE PASS COMMUNITY CENTER SECOND FLOOR
BID DUE DATE: April 5,2017
ITEM NUMBER DESCRIPTION DAYS TO COMPLETE TOTAL COST
1 Option 1 /0 $ 2S,) 156 my
2 Option 2 . $ 3' 56o
se-
/It Lief-trr ;r-Zocriok 1791 io•Qr1JCi (5
COMPANY NAME STREET ADDRESS
A94x2'15"
IGNA OF BIDDER P.O.BOX
/,J& SEn- ,�r /hCiiSs 1/ 776,67
PRINT OR TYPE NAME CITY STATE ZIP
c/k /go71fa ` x9-'717-6673
TITLE AREA CODE TEl NO
12.4eecc_sa- 11 @ Vim'- 727"24°5
EMAIL FAX NO.
Page 6 of 16
•
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 relatedto the
development and submission of this bid proposal.
Signature:
'5/.6-.
Printed Na Nat 4 er-r-
Title: / /0,4A-ase
Company: Aim
Im I���T (�r+iTiQintrio�
Date: el_ s-_Zoe
SUBSCRIBED and sworn to before me by the above named L( Y 5At( Pt - on this
the 5 day of i*\1 , 20 n .
91'1AAR friTiVAPAA
Notary Public in and for the
4:;, TANAMONTALVO State of Texas
MY COMMISSION EXPIRES t
July 3,2017 ,
My commission expires: 1110 I(]
Page 7 of 16
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:
'4
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�jJdue. lf �[
d"'Ir1 �4+JEr r d.A1. -re_w- rtodi
Firm Name Date
uthorized ignature Title
at,ekt ' 727-5673
Name(please print) Telephone
/0.Ac..2-1-.-50fl ®g,
Email
STATE: -1-0(M .
COUNTY:-stk X n
SUBSCRIBED AND SWORN to before me by the above named LLA1n l )COY
on this the 5 • day of hlY\1 ,20 1 .
itAAA121 hIM\IVO
Notary Public
RETURN TITTS AFFIDAVIT AS PART OF THE BID PROPOSAL
TANA MONTALVO
Ia) MY COMMISSION EXPIRES
July 3,2017 ••
Page 8 of 16
•
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session. OFAtEUSEONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 178.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 178.006(a).
By Jaw_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 vendor becomes aware of facts that require the statement to be
filed. See Section 178.008(a-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An
offense under this section Is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
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 the 7th business day after the date on which
you became aware.that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer,or a'family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Fomi
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income,
other than investment income,from the vendor?
Yes Q No
B. Is the vendor receiving or Ilkefy to receive taxable income,other than investment Income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental enttiy?
n Yes n No ' •
J. Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
flCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts
asdescribed in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
�J ' '� �
of doing business with them -
government mental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code 6176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www ethics.state.tx.us Revised 11/30/2015
Page 10 of 16
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.
Page 11 of 16
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.
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.: Civic Center 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.
Page 12 of 16
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
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
Page 13 of 16
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.
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 Contract 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.
Page 14 of 16
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.
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.
BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of
the amount of the total bid which shall be a Certified Check or Cashier's check payable without
recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business
in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder
will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is
accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance
as may be required and commence work at the specified time, and that in the event of the withdrawal
of said bid within said period, or the failure to enter into said Contract, furnish said bonds and
insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for
the difference between the amount specified in the bid in the amount for which the OWNER may
otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be
returned when award is made; when the Contract is executed, the checks of the two remaining
unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract,
bonds and insurance are approved, and work has commenced within the time specified.
Page 15of16
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter
2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the
contract exceeds one hundred thousand dollars ($100,000) a performance bond is required.
Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred
percent (100%) of the contract price with corporate surety duly authorized to do business in the State
of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date
copy of their Power of Attorney.
Page 16 of 16
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