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HomeMy WebLinkAboutPR 20312: ANNUAL CONTRACT FOR INSTALLING SIDEWALKS IN VARIOUS LOCATIONS, GREENSCAPES SIX, LLC __... ... 4 City of o, t rthu � Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 13,2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Armando Gutierrez,Jr.,Director of Public Works RE: P. R. 20312 Introduction: Approval of Proposed Resolution No. 20312 approving an annual contract for installing sidewalks in various locations throughout the City to Greenscapes Six, LLC. of Baytown, Texas. Background: This will be the first annual contract for sidewalks. The contract will be used by funds from EDC, Public Works, and Parks departments. Sidewalks and driveways for the downtown housing project will be funded by EDC. Public Works department will use this contract for installing the required ADA sidewalks throughout the City in various locations. Parks department will use this contract to help with park improvements. Budget Impact: Funds are provided in account numbers 001-1203-531.87-00, Public Works Streets—ADA Sidewalks,with a budgetary impact of$90,115; 120-1429-582.59-05, Project#EDCSWD, EDC—Other Contractual Services—4B Development,with a not to exceed amount of $174,460.25; and 001-1207-531.39-00 Parks Maintenance—Other Maintenance, with a not to exceed amount of$50,000. Recommendation: It is recommended that City Council authorize the City Manager to approve P. R. 20312, as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 * Port Arthur,Texas 77641-1089 * 409.983.8101 * FAX 409.982.6743 P.R.20312 06/15/18 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNUAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND GREENSCAPES SIX, LLC. OF BAYTOWN, TEXAS, FOR THE INSTALLATION OF SIDEWALKS IN VARIOUS LOCATIONS THROUGHOUT THE CITY WITH A PROJECTED BUDGETARY IMPACT OF $90,115 FOR PUBLIC WORKS, A NOT TO EXCEED AMOUNT OF $174,460.25 FOR EDC, AND $50,000 FOR PARKS. FUNDING IS AVAILABLE IN THE FOLLOWING ACCOUNTS: ACCOUNT NO. 001-1203-531.87-00, PUBLIC WORKS STREETS — ADA SIDEWALK; ACCOUNT NO. 120-1429-582.59-05, PROJECT#EDCSWD, EDC—OTHER CONTRACTUAL SERVICES—4B DEVELOPMENT, AND ACCOUNT NO. 001-1207-531.39-00, PARKS MAINTENANCE—OTHER MAINTENANCE. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual contract for installing sidewalks; and, WHEREAS, four bids were received and opened May 23, 2018, as shown as Exhibit "B"; and WHEREAS, although the unit prices vary among the vendors, the City Engineer made calculations based on estimated quantities for each project and determined Greenscape Six, LLC to be the lowest and most responsive bidder (see Exhibit"A"); 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 on behalf of the City a contract in substantially the same form as attached hereto as Exhibit "C" for annual installation of sidewalks, with the option of renewal for one additional year with Greenscapes Six, LLC of Baytown, Texas; and, THAT, funding is available in the Public Works Streets — ADA Sidewalk account 001- 1203-531.87-00, EDC Other Contractual Services - 4B Development, Project #EDCSWD P.R.20312 06/15/18 aw account no.120-1429-582.59-05, and Parks Maintenance — Other Maintenance account no. 001- 1207-531.39-00. 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. 2018 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Counci lmembers: Noes: Mayor ATTEST: APPROVED AS 0 FORM: Vag Sherri Bellard Valecia Tizen City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS- 4,11— Harvey UNDS-Harvey Robinson Andrew Vas uez Interim City Manager Director of Finance i fifty tilifi\ Armando Gutierrez, Jr. Clifton Williams Director of Public Works Purchasing Manager 8888828~ 8888 R O 4 r.i 07 g 0 IA N ! !! �p O".-N g Y $ $$$ 8 w 0 G C 2 8 8 ° O a▪ '* rvAinn2:0, '- 4NMr r o 2 , v 8 c 3 E (01 D p D U° SL, N U • N N N N N O N N N 88888888 8888 8 6 W 0 8 O vi m C 5� aFo '^o .' oN § n ;o § .+n N m ry o Obi g n a 3 3 F UI N VN an in an N N F VI in./N.A N 88888$ 8 ; ; 8880 s" E. mmgmnrv $ r 8.'^. ui' r ry o `—' c = v LI „ a E y .E O E U O V C C A • N an V1 Vf N N N N N N „88888888 8828 8 21't in -. 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The term of this Agreement shall be for one (1) year from the date issued on the Notice to Proceed, with an option to renew for one (1) additional year, 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 30 days written notice. 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 CONTRACTOR 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 the prices as stated in the attached bid. 4. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. 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 City of Port Arthur Greenscapes Six, LLC. BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FORD FREEMAN,MAYOR \�\11),1 t//i%� HARVEY ROBINSON CAL J.JONES,MAYOR PRO TEM \ INTERIM CITY MANAGER COUNCIL MEMBERS: City of "^ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR )�1\ CITY SECRETARY THOMAS J.KINLAW,III HAROLD DOUCET SR. D T 1 T t jl lL VAL TREND CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas MAY 7,2018 INVITATION TO BID ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 23, 2018. (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 23, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-070 . 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 writi,n, to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsnn,portarthurtx.Rov PLEASE SUBMIT ALL FORMS STATED ON PAGE 4 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 I 444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291 Page 1 of 27 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 Purchasing Manager Page 2 of 27 INVITATION TO BID ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR (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 27 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS -PAGE 14 B. NON-COLLUSION AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 16 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 17 & 18 E. CHAPTER 2252 CERTIFICATION-PAGE 19 F. HOUSE BILL 89 VERIFICATION-PAGE 20 Page 4 of 27 SCOPE OF WORK ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR 1. Remove landscapes, planters, asphalt overlay, concrete pavement and curb, flexible base, surfacing, driveways and sidewalks as necessary for construction in accordance with the details shown on the plans or as directed by the Engineer. 2. Remove concrete curb and or combined concrete curb and gutter in accordance with the details shown on the plans or as directed by the Engineer. 3. Place new concrete sidewalk pavement, curb and gutter, walkways, driveways and wheel chair ramps in accordance with the details shown on the plans or as directed by the Engineer. 4. Return all R.O.W. elevations at sidewalk and walkway edges, behind curb and wheel chair ramps corners and all areas of disturbance to preconstruction grades or to elevations shown on plans. Dress-up these areas as required by plans and specifications. It is the intent of these Contract Documents to provide for the complete removal (except as noted on the plans) of all existing pavements, driveways, sidewalks, drainage lines and structures and other structures which lay within the proposed right-of-way and to provide for the complete construction of curb, gutter, sidewalks and driveways. Hot-mixed asphaltic concrete with flexible base, storm sewer line and structures and such incidental items as may be required by these Contract Documents, will be constructed in strict compliance with and will adhere to all requirements as specified in and by construction specifications as adopted by the City of Port Arthur and the Texas Department of Transportation (TxDOT-November 2014), by manufacturers specifications and by standard engineering practice. Successful completion of the project will be judged on the basis of technological correctness of construction, aesthetics or finish and vehicular ride performance. SPECIAL CONSIDERATIONS The work required by these Contract Documents will occur within the boundaries of a residential and light commercial area. It is the intent of the City of Port Arthur that unfavorable impact by the Contract work, on said business and residences shall be minimized. The Contractor shall notify in writing, at least forty- eight (48) hours prior to beginning work, all businesses and residences which are expected to be affected by said work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the plans and Contract Documents. Traffic flow through and around the construction area(s) shall be in accordance with the approved traffic control plan and shall be maintained with as little disruption as possible. Barricades, lights, signs and other Page 5 of 27 traffic control devices shall, on a timely basis, be installed and maintained in accordance with the Texas MUTCD and provisions of these Contract Documents as approved by the Engineer. The Contractor shall work closely with the various utility owners and assure prompt access to their equipment for service or adjustment. The Contractor shall be e solely responsible for coordination the work with any utility owner which may be affected by the work. Additionally, forces of the City of Port Arthur, in order to secure the safety, welfare and convenience of the citizens of Port Arthur, must provide services on both emergency and normal, continuing basis. Provisions of these services may require City forces to work within or around the construction area prescribed by this project. While it is anticipated that the construction schedule impact induced by the work of City and utility crews will be minimal, the Contractor, by affixing proper signature to these Contract Documents, agrees to indemnify and hold harmless the City of Port Arthur from any and all claims of damage or delay, incurred or alleged to have incurred, in connection with the work of said crews. I. Asbestos Handling/Abatement — The Contractor is made aware that existing underground conduits encountered maybe Transite pipes. It is the Contractor's responsibility while performing all proposed work under this contract to be familiar and compliant with all applicable Texas Department of Health (TDH), Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) guidelines for asbestos abatement; including all special training requirements, medical monitoring, respiratory protection, and various personal hygiene practices. II. Contractor shall employ the services of a licensed abatement contractor to insure proper worker protection and documentation that the piping was handled and disposed of properly. CONTRACT TERM Contract will be one year with the option to renew for one additional year Page 6 of 27 General Notes and Specifications The Contractor will establish the project control point, points, or tangency, Pt's (points of intersection), point of curvature (PC, PI, and PT) and bench marks at the beginning and end of the project on plant view only. Contractor shall establish and maintain these points through construction. There will be vto separate payment for this work, but it shall be considered subsidiary to various bid items. The original horizontal and vertical control was established by the Consulting Engineers. The Contractor shall furnish all livres, grades and bench marks, other than those specified above. All authorized waste material shall become the property of the Contractor and shall be properly disposed of at a location appropriate/permitted for the waste material. Roadway limits and structure locations are approximate and may be adjusted to meet field conditions. Contractor must verify all locations with the Engineer prior to performing work. The Contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The Contractor shall allow City forces to enter this project to accomplish such work as shown in the plans (by others) and as may be deemed necessary by the City. All drainage structures shall be cleaned and out fall channels unobstructed at the time of acceptance by the City. Ingress and egress to the adjacent property shall be maintained by the Contractor at all times. Matting over the pavement will be required as directed by the Engineer. This work will not be paid for directly and shall be considered subsidiary to various bid items. The City's Testing Agency will sample all concrete, make and test all beams and cylinders in accordance with the test methods provided for under the appropriate standard specifications For the various items. Page 7 of 27 The approximate location of the known underground utility installations is shown ovt the plans. The Contractor shall be responsible for confirming the location of these utility lines and the exact location of any others which may exist. it shall be the Contractor's responsibility to notify the utility involved in case of conflict or damage and the Contractor shall be responsible for damage that occurs due to negligence. Where the Contractor encounters abandoned lines and they interfere with the construction of this project, they shall be removed and disposed of. There will be no direct payment for this work and it shall be considered subsidiary to the various laid items of the Contract. All materials, labor and incidentals required for the Contractor to provide for traffic across the streets and For temporary ingress and egress to private property shall be furnished by the Contractor at no additional cost to the City and shall be considered as incidental to the laid Items of this project. All work, unless specified otherwise, shall be done in accordance with Texas Department of Transportation's, Standard Specifications for Construction of Highways, Streets and Bridges, adopted June 2, 2004. Construction of the Project shall be accomplished in the construction sequence as Follows: Phase I: install Pedestrian traffic control. 2. Construct Sidewalks as shown on plans. Barricading and securing construction site shall be in place during and after construction overnight. 3. install sodding and signage as required as shown on drawings. iF the Contractor has a need to adjust, open or remove the top of manholes belonging to any utility other than the City, the Contractor shall first contact the utility For direction, instruction and coordination. No manhole shall be adjusted, opened without explicit approval of the utility involved. T3id quantities are estimated only to give an indication of the genera( scope of work. The Contractor is responsible to apply and file all storm water grading, TCEQ and MS4 permits. Application and permit fees shall be at the Contractor's expense. Page 8 of 27 There wilt be no payment for Materials at Hand. Page 9 of 27 Item 104: Existing sidewalk concrete (4" to 6") to be removed shall be saw cut full depth and removed to the lines shown of the drawings. Saw cutting full depth of concrete work shall be subsidiary to this item. Item 110: Concrete and/or asphalt sidewalk requiring removal for excavation shall be saw cut full depth prior to removal. Saw cutting is subsidiary to this item. All stabilized material and base material shall be included as sidewalk excavation and will not be paid for directly and will be considered subsidiary to various bid items. Excess excavation shall become the property of the Contractor and shall be disposed of at a proper disposal site outside of the project limits. This is a plans quantity measured item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, "Plans Quantity Measurement". Item 132: The embankment shall be Type A and placed by "Ordinary Compaction" using a mechanical compaction device which does not include a backhoe or trackhoe. Type A Embankment shall obtain a minimum PI of 20 and a maximum PI of 35. This is a plans quantity measured item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, "Plans Quantity Measurement". Item 162: All disturbed areas on the embankment by the sidewalk construction at ROW shall be block sodded with ST. Augustine grass. Item 300: Asphalt, Oils and emulsion shall conform with all the requirements set out in the provisions in Item 300. Item 340: Saw cutting of asphalt to square edges as required by the engineer shall not be a pay item but shall be subsidiary to this item. the Engineer, to cover a section of concrete pavement 400 feet long and 30 feet wide. Prefabricated deformed wire mats are permitted on this project. Item 421: Class A concrete shall be used for all sidewalks, driveways and curbs. Page 10 of 27 Item 502: The traffic control plan (TCP) shall conform to the BC (1) - (12) - (07) Standards and Part VI of the Texas Manual of Uniform Traffic Control Devices and as shown on the plans. The Contractor shall submit the City for approval any TCP change prior to implementation. The approval by the Engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. The contractor shall submit and maintain a SW3P plan. This includes containing all silt in the project site and removing material that has tracked off of the project. Item 529: One half inch fiber board expansion joints shall be placed as a minimum every 60 feet along the curb & gutter concrete sections. Additionally, 3/8" deep, trowel groove control joints shall be placed every 10 feet, as a minimum, along the concrete curb & gutter sections. Payment shall not be made for this work directly, but shall be subsidiary to this item. Reinforcing bar is required in curb. Item 531: Repair portions of the concrete sidewalk pavement surfaces that are cracked and damaged while in a plastic state before that area opens to traffic. Perform repairs that are shown on the drawings or structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. Prefabricated deformed wire mats will be permitted on this project for sidewalks. Backfilling sidewalk edges will not be paid for directly and shall be considered subsidiary to this bid item. The dowel support assemblies used in concrete sidewalks shall be placed in a manner that dowels shall be rigidly supported in parallel positions on the support frame. The support assembly shall be subject to the approval of the Engineer. A 4 feet sidewalk shall be grooved at every 4 feet and a 5 feet sidewalk shall be grooved at every 5 feet 5 feet transversely respectively, as shown in the drawings. A minimum of 3/5th of each dowel bar shall be coated with a lubricant. The coating shall be placed on opposite ends of successive dowels. Concrete placement will not be permitted when impending weather conditions, in the opinion of the Engineer, may result in rainfall or low temperatures which will impair the quality of the finishing work. All sidewalks shall be constructed in conformance with TDLR standards. All ramps shall meet the requirements set forth by ADA and state standards. Page 11 of 27 Item 752: Cutting and or trimming of tree roots shall not be paid for separately but will be considered subsidiary to various bid items GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation (TxDOT) 2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TxDOT 2014 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: STANDARD SPECIFICATIONS (TxDOT): Item 104 Removing Concrete Item 110 Excavation (132) Item 132 Embankment Item 162 Sodding for Erosion Control Item 216 Proof Rolling Item 247 Flexible Base Item 300 Asphalts, Oils, and Emulsion Item 340 Dense-Graded Hot-Mix Asphalt Item 400 Excavation & Backfill for Structures Item 440 Reinforcing Steel Item 500 Mobilization Item 502 Barricades, Signs &Traffic Handle Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 529 Concrete Curb & Gutter (360) (420) (421) (437) (440) (526) Item 530 Intersections, Driveways and Turnouts Item 531 Sidewalks Item 752 Tree and Brush Removal Page 12 of 27 SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments,that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Bryan Smith Water Distribution M: 409.718.2442 City of Port Arthur O: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Curtis Newman Drainage Superintendent M: 409.365.7184 Entergy 0: 409.982.5830 Pauline Oliver M: 409.679.6154 Spectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. Page 13 of 27 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS, SEQUENCE OF WORK,ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project, it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project, and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project,the contractor shall submit in writing, for approval by the Engineer,a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan, Barricades and Traffic Control Standards; BC (1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers, portable barricades, pavement markings, and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work, on businesses and residences, shall be minimized. The Contractor shall notify in writing, at least forty-eight (48) hour prior to beginning any phase of work, all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer structures where storm water will flood properties and roadways. This will not be paid for separately,but will be considered subsidiary to various bid items. • Insure that safe access is provided to bus stops, bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. Page 14 of 27 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Annual Contract for Installing Sidewalks BID DUE DATE: May 23, 2018 Item Item No. Code Description UOM Unit Price Removing Concrete(Curb,Gutter, Combined 104 001 Curb&Gutter) LF $ 25.00 104 002 Removing Concrete(Walkways) (4"to 6") SY $ 13.50 104 003 Removing Concrete(Driveways)(4"to 6") SY $ 13.50 104 004 Removing Concrete(Sidewalks) (4" to 6") SY $ 13.50 Removing Concrete(Gutter) (6" to 8") (Incl. Saw 104 005 Cutting) LF $ 25.00 110 001 Excavation CY $ 12.00 132 001 Embankment CY $ 15.00 162 001 Sodding for Erosion Control (St. Augustine Grass) SY $ 9.00 Dense Graded Hot Mix Asohalt(Small Qty) (TY. 340 001 F)(0" -2") SY $ 25.00 Concrete Curb, Gutter, and Combined Curb and 529 001 Gutter LF $ 35.00 530 001 Driveways(4") (Class A) SY $ 50.00 531 001 Sidewalks(5')(4") (Class A) SY $ 45.00 531 002 Walkways(4')(4") (Class A) SY $ 45.00 531 003 Wheel chair Ramps (Ty. 7)(4") Incl. Truncated EA Domes) $ 1,500.00 GREENSCAPES SIX, LLC 3727 AUTUMN LANE COMPANY NAME STREET ADDRESS / N/A SIGNATURE 'I F BIDDER P.O. BOX MIKE ARCHER BAYTOWN, TX 77521 PRINT OR TYPE NAME CITY STATE ZIP MANAGING PARTNER 713-714-3500 TITLE AREA CODE TELEPHONE NO MARCHER@GREENSCAPES6.COM 713-714-1200 EMAIL FAX NO. Page 15 of 27 CITY OF PORT ARTHUR, TEXAS 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: -7)4 piaL Printed Name: MIKE ARC4ER Title: MANAGING PARTNER Company: GREENSCAPES SIX, LLC Date: 5/22/2018 SUBSCRIBED and sworn to before me by the above named MIKE ARCHER on this the 22ND day Of MAY , 20 18 I,, t!.r.11.?i,' JODIE F•IC ADAMS No ry Public in and for the o %NotaryPublic, date of Texas :_, State of Texas ;9.%..P Comm. Expires IO-10-2021 ''1- °7 '' Notary ID I1-:14862 / Oh�/� a My commission expires: Page 16 of 27 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: A4 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. GREENSCAPES SIX, LLC MAY 22, 2018 Firm Name Date 224,4 MANAGING PARTNERS Authorized Sig4,1_ure Title MIKE ARCHER 7/. —7114 3S00 Name (please print) Telephone MARCHER@GREENSCAPES6.COM - Email STATE: TEXAS COUNTY: CHAMBERS SUBSCRIBED AND SWORN to before me by the above named MIKE ARCHER on this the MAY day of 22ND , 20 18 %.o``;.';!a,, JODIE MCOAMS ?_ �=Notary Public, Slate of Texas otary Public i� Comm Expires 10-10-2021 7F ,� . I.....�' Notary ID 11611862 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 17 of 27 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. OFRCEUSE ONLY 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 176.001(1-a)with a local governmental entity and the vendor 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 vendor becomes aware of facts that require the statement to be filed. See Section 176.006(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. N/A J 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.) 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 A and B for each employment or business relationship described. Attach additional pages to this Form CIO 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 n No B. Is the vendor receiving or likely 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 entity? Yes n No 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. fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8). excluding gifts described in Section 176.003(a-1). _71 214 � 5/22/18 Sig a oven o doingt(1 iness with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30.2015 Page 18 of 27 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§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: fff (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 19 of 27 House Bill 89 Verification MIKE ARCHER (Person name), the undersigned representative (hereafter referred to as "Representative") of GREENSCAPES SIX, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 22NDday of MAY , 20 18. of ,',"" JODIE MCADAMS 1 Notary Public,State of Texas ••-; Comm Expires 10-10-2021 1?5,4etz:eztiz;ht .••:`.0� Notary ID 11614862 •Notary Public Page 20 of 27 SB 252 CHAPTER 2252 CERTIFICATION MIKE ARCHER , the undersigned an representative of GREENSCAPES SIX, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2752, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. MIKE ARCHER Name of Company Representative (Print) 241 4-42 Signature of ompany Representative 5/22/18 Date Page 21 of 27 INFORMATION TO BIDDERS: 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 22 of 27 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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. 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.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. Page 23 of 27 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 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. Page 24 of 27 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. 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: Page 25 of 27 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. 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 26 of 27 PAYMENT & PERFORMANCE BONDS: If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent(100%) 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. JOB EXAMINATION: Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a)the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. Page 27 of 27