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HomeMy WebLinkAboutPR 20827: REJECT BID FOR TRANSIT TERMINAL REHAB City of Port Arthur Transit Department Memorandum To: Ron Burton, Interim City Manager From: Ivan Mitchell, Transit Director Cc: Clifton Williams, Procurement Manager Date: August 6, 2019 Subject: P.R. 20827 - Reject Bid for Transit Terminal Rehabilitation Background: The City's Purchasing Department advertised Port Arthur Transit's (PAT) terminal rehabilitation project in the Port'Arthur News on July 10 and July 17, 2019. The City received and opened one (1) bid to rehabilitate PAT's transit terminal building. The one (1) bid received was from the following vendor: Bidder Bid Daniels Building&Construction Inc. $510,000.00 PAT's federally mandated Independent Cost Estimate (ICE) shows $329,047.50 as the high end estimate to complete the project. Daniels Building& Construction Inc. (Daniels)bid of $510,000.00 exceeds the high end market estimate derived from PAT's ICE. Additionally, the project's budget was established due to the ICE and is well below Daniels bid price. PAT wishes to rebid Bid #T19-082 in the next two to three weeks. This project has expenditure deadlines mandated by the grantee. Recommendation: PAT is recommending the City of Port Arthur's City Council approve Proposed Resolution No. 20827 to reject the bid received from Daniels and authorize the Purchasing Division to re- advertise the terminal rehabilitation project for bids. Budgetary/Fiscal Effect: The funding for this project is in PAT's capital budget. P.R. No. 20827 08/6/2019 IM -- RESOLUTION NO. - A RESOLUTION AUTHORIZING THE CITY MANAGER TO REJECT A BID FROM DANIELS BUILDING & CONSTRUCTION INC. OF BEAUMONT, TEXAS TO REHABILITATE PORT ARTHUR TRANSIT'S (PAT) TRANSIT TERMINAL AND AUTHORIZE RE-ADVERTISEMENT FOR BIDS. WHEREAS, Port Arthur Transit (PAT) has allotted federal and TxDOT funding to upgrade its transit terminal; and, WHEREAS, PAT issued an invitation to bid for qualified vendors to submit bids, wherein one (1) bid was received, and has been evaluated by Purchasing and PAT, a copy is attached hereto as Exhibit"A"; and, WHEREAS, the only bid was from Daniels Building & Construction, Inc. and was evaluated based on the Independent Cost Estimate (ICE), with a price comparison of previous quotes received from comparable competitors; and, WHEREAS, PAT requests the City Council to authorize the City Manager to reject Daniels Building& Construction, Inc. bid based on the fact that it significantly exceeds the ICE. 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 reject the bid from Daniels Building & Construction, Inc. to rehabilitate Port Arthur Transit's transit terminal, in the amount of - $510,000.00. THAT, the Purchasing Division is hereby authorized to re-advertise. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D. 2019 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: P.R. No. 20827 08/6/2019 IM • NOES: • Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 7)6(// , Val Tizeno, ity me Y � Y APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-1509-561.82-00 �. ,I Ron Burton Kandy Dan4l Interim City Manager Interim Director of Finance Clifton Williams. Ivan Mitchell __ Purchasing Manger Transit Director P.R. No. 20827 08/1/2019 IM Exhibit "A" Date: July 31,2019 Architects Studio PLLC Port Arthur Transit Facility Project No.AS18015 The City of Port Arthur Transit Department DOCUMENT 00 12 00-PROPOSAL FORM GENERAL CONSTRUCTION CONTRACT: Additions&Renovations for Port Arthur Transit Facility 322 Procter Street, Port Arthur,TX 77640 • To: The City of Port Arthur Transit Department 344 Procter Street Port Arthur, TX 77640 From: Name: Daniels Building & Construction, Inc. Address: P.O. Box 20878 City/State: Beaumont, Texas 77720 Telephone: (409) 838-3006 Operating as (strike out conditions that do not apply)on iad:vicual,a Company, Qr Corporation,organized and existing under the law of the State of Texas , o s Pr^priaterchi l a 175rrrerhip, Gr Joint Vcnturo ooncicting of. Proposers: In response to the Instructions to Proposers,we have carefully examined the Construction Documents for the ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY, 322 PROCTER STREET,PORT ARTHUR,TX 77640 as examined the site and building in detail, and have acquainted ourselves with the existing and anticipated conditions that might affect the work. I. BASE PROPOSAL We propose to furnish all superintendence,labor, materials, equipment,supplies, insurance,permits, and other accessories necessary to complete the ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY, 322 PROCTER STREET, PORT ARTHUR, TX 77640 as set forth in the Construction Doc ents,for th sum of: no �yt, `.. Dollars($ 6167 ©� ). It ii nderstood that the Contractor's portion of the project is new construction and applicable taxes should be i ided if required by law. CY /Is 31 January 2019 Proposal Form 00 12 00-Page 1 of 4 Issued for Construction Architect's Studio PLLC Port Arthur Transit Facility Project No.AS18015 The City of Port Arthur Transit Department H.ALTERNATE PROPOSAL NO. 1 We propose to furnish all superintendence;labor,materials,equipment,supplies, insurance,permits,and other accessories necessary to complete alternate no. 1 for ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY, 322 PROCTER STREET,PORT ARTHUR,TX 77640 as set forth in the Construction Documents,for the sum of:" —I:VA. tp„,,,,,,„t.L n • /� t4 ollars($ /t 4079 cc' ), .` -it is understood that the Contractor's portion of the ject is new construction and applicable taxes should be :iicluded if required by law. Ill.ALTERNATE PROPOSAL NO.2 We propose to furnish all superintendence, labor,materials, equipment,supplies, insurance.permits,and other accessories necessary to complete alternate no.2 for ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY,322 PROCTER STREET, PORT ARTHUR, TX 77640 as set forth in the Construction Documents,for the sum of: .4//I Dollars(S ). It is understood that the Contractor's portion of the project is new construction and applicable taxes should be included if required by law. IV.ALTERNATE PROPOSAL NO.3 We propose to furnish all superintendence,labor, materials,equipment,supplies, insurance,permits, and other accessories necessary to complete alternate no.3 for ADDITIONS &RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY,322 PROCTER STREET, PORT ARTHUR, TX 77640 as set forth in the Construction Documents,for the sum of: At4 Dollars($ ). It is understood that the Contractor's portion of the project is new construction and applicable taxes should be included if required by law. V.ALTERNATE PROPOSAL NO.4 We propose to furnish all superintendence, labor, materials,equipment,supplies, insurance,permits,and other accessories necessary to complete alternate no.4 for ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY,322 PROCTER STREET, PORT ARTHUR, TX 77640 as set forth in the Construction Documents,for the sum of: /174 __ Dollars($ ). It is understood that the Contractor's portion of the project is new construction and applicable taxes should be included if required by law. VI.ALTERNATE PROPOSAL NO.5 We propose to furnish all superintendence,labor,materials,equipment,supplies, insurance,permits, and other accessories necessary to complete alternate no.5 for ADDITIONS&RENOVATIONS FOR PORT ARTHUR TRANSIT FACILITY,322 PROCTER STREET,PORT ARTHUR, TX 77640 as set forth in the Construction Documents,for the sum of: /VA Dollars(S ). It is understood that the Contractor's portion of the project is new construction and applicable taxes should be included if required by law. Proposal Form 31 January 2019 Issued for Construction 00 12 00-Page 2 of 4 Architect's Studio PLLC Project No.AS18015 Port Arthur Transit Facility The City of Port Arthur Transit Department VII.CALENDAR DAYS We understand that time is of tf'e essence for this project,therefore,we propose to substantially complete the construction contract in (0 a total calendar days. VIII.PERFORMANCE AND PAYMENT BONDS • A performance and payment bond(100%)ii required by The City of Port Arthur Transit Department,Port Arthur,Texas,for any proposal over$25,000.0i prior to signing a contract for the work-add to our Base Prop dal the amount of: , � 416111-4-4-iit•c..-LI % Lia p G 46:4-1-4--"f Performance Bond,and Pay nt Bond. Dollars($ �I 591s ) _ IX.UNIT PRICE If any unforeseen soil conditions arise, we propose to reAl9ye acleional fisting soil �(nd replace it with compacted material as specified,for the amount of$ . IV ra 4 atei per cubic yard. • This amount will apply only to the volume of soil removed and replaced above and'beyond what is called for in the drawings. X.ADDENDA The undersigned acknowledges receipt of Addendum numbers(list each number): 1 issued during the time of bidding and includes the changes therein in this proposal. XI.PROPOSAL SECURITY Proposer's must submit a Bid Bond,Cashier's or Certified Check, payable without recourse to the order of The City of Port Arthur Transit Department, Port Arthur, Texas in an amount not less than five percent(5%)of - the largest possible combination of the proposal amounts as a guarantee that the proposer will not withdraw the proposal for a period of sixty(60)calendar days after the scheduled closing times for the receipt of proposals;that if the proposal is accepted he will enter into a formal contract with the Owner and furnish the required performance and payment bonds within 10 calendar days after notice of award of the contract to him, and that if he fails to do so he will be liable to The City of Port Arthur Transit Department, Port Arthur, Texas in the amount equal to the difference between the proposal of the proposer and the next lowest secured proposal for this work, The City of Port Arthur Transit Department, PortArthur,Texas may apply the bond or check accompanying this proposal to said amount. Proposals without the required bond or checks will not be considered. XII.PROPOSAL ACCEPTANCE The undersigned agrees that, if they are designated as the successful proposer, the above Base Proposal and Performance and Payment Bond shall constitute an irrevocable offer to The City of Port Arthur Transit Department, Port Arthur,Texas which may be accepted at any time within sixty(60)days after due date of the Proposal,and that they will enter into a contract with The City of Port Arthur Transit Department, Port Arthur, Texas in accordance with the contract documents within ten(10)calendar days after contract is awarded. Proposal Form Issued for Construction 31 January 2019 00 12 00-Page 3 of 4 Architect's.Studio PLLC Port Arthur Transit Facility Project No.A518015 The'City of Port Arthur Transit Department XIII.GENERAL STATEMENT The undersigned has checked all of the above figures and understands that The City of Port Arthur Transit Departrrient,Port Arthur, Texas and Architects Studio PLLC,will not be responsible for any errors or omissions on the part of the undersigned in preparing this proposal In submitting this Proposal,it is understood that the right is reserved by The City of Port Arthu• =-nsit Department,Port Arthur,Texas to reject any or all Proposals and waive all informalities in coni, c .;i therewith or to accept any Proposal considered advantageous. It is agreed that this Proposal m>j not be withdrawn for a period of sixty(60)days from due date of proposals. The undersigned declares that the person or persons signing this Proposal Form is/are fully authorized to sign on behalf of the firm listed and to fully bind the frm fisted to all the Proposal conditions and provisions-It is agreed that no person or persons or company other than the firm listed.below or as otherwise indicated.has any interest whatsoever in this Proposal or the Sub-contract that may be entered into as a result of this Proposal and that in all respects the Proposal is legal and firm,submitted in good faith without collusion or fraud. It is agreed that the undersigned has complied and will comply with all applicable requirements of local.state, and national laws.and that no legal requirement has been or will be violated in making or accepting this proposal,or in the prosecution of the work required. Respectfully submitted,this 31st day of July , 2019 Daniels Building & Construction, Inc. Contractor P.O. Box 20878 - Beaumont, TX 77720 Address Authorized Officer Signature. Janet Daniels, President Authorized Officer Printed Name and Title Proposal Form 31 Janusry 2019 Issued for Construction 00 12 00-Page 4 of 4 11";-/ THE GUARANTEE- BID BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, Daniels Building and Construction, Inc., P 0 Box 20878, Beaumont,Texas 77720-0878 as Principal, and The Guarantee Company of North America USA, a corporation dui;'organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto the City of Port Arthur,Tem:,. _ as Obligee, in the Sum Of 5%of the greeie amount of the bid ($ ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Principal has submitted a bid for additions and renovations to Port Arthur Transit Facility, Port Arthur,Texas 77640 the Project. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of July 2019 Daniels Building and Construction,Inc. ' � ( I� I ♦ I ' BY: _► i R - W -.S Principal Janet Daniels 4 ITS: President The Guarantee Company of North America USA 1/ k.s 1 BY: J ( GLI-11 Witness Attorney-l�l-Fact Michelle Neely \ Rev.11/4/15 Page 1 of 1 One Towne Square,Suite 1470,Southfield,Michigan,USA 48076 I Tel:248.281.0281 1.866.328.0567 I Fax:248.750.0431 Excellence,Expertise,Experience...Every time theguaranteeus.com +w+s THE 77 GUARANTEE TEXAS CONSUMER NOTICE 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una q ueja: 2. You may contact your agent at: :Rede comunicarse con su agent al 3. You may call The Guarantee Company of North 1. _i d p.'ede Ilamar al numero de telefono gratis de America USA's toll-free telephone number for 3uarantee Company of North America USA's information or to make a complaint at: 1-866-328- pa a informacion o para someter una queja al: 0567 1-866-328-0567 4. You may also write to The Guarantee Company of Usted tambien puede escribir a to The Guarantee North America USA at: Company of North America USA; One Towne Square, Suite 1470 One Towne Square, Suite 1470 Southfield, Michigan 48076 Southfield, Michigan 48076 Web: www.thequaranteeus.com Web: www.thequaranteeus.com E-mail: Info@thequaranteeus.com E-mail: Info(atheguaranteeus.com Fax: 248-750-0431 Fax: 248-750-0431 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros de Insurance to obtain information on companies, Texas para obtener informacion acerca de companies, coverages, rights or complaints at: 1-800-252- coberturas, derechos o quejas al: 1-800-252-3439 3439 6. You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: 333 Guadalupe Street 333 Guadalupe Street P.O. Box 149104 P.O. Box 149104 Austin, TX 78701 Austin, TX 78701 Fax: (512)490-1007 Fax: (512)490-1007 Web: http://ww.tdi.texas.gov Web: http://ww.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.gov E-mail: ConsumerProtection(a tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiene una disputa coricerniente a su prima o a un premium or about a claim you should contact the reclamo, debe comunicarse con el (agente) (la compania) (agent) (company) (agent or the company)first. If agente o la compania) primero. Si no se resuelve la the dispute is not resolved, you may contact the disputa, puede entonces comunicarse con el departamento Teas Department of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo para This notice is for information only and does not proposito de informacion y no se convierte en parte o become a part or condition of the attached condicion del document adj unto. document. Rev.12/2/15 Page 1 of 1 One Towne Square,Suite 1470,Southfield,Michigan,USA 48076 i Tel 248.281.0281 1.866.328.0567 I Fax=248.750.0431 Excellence,Expertise,Experience...Every time theguaranteeus.corn 4 • THE © The Guarantee Company of North America USA GUARANTEE® Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute ar:appoint Carey Georgas,Robert A.Georgas,Michelle Neely Cravens Insurance Agency Inc its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bo.'cs and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,s atute,rule,regulation,contract or otherwise, The execution of such instrument(s)in pursuance of these presents,shalfbe as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and T its corporate seal to be affixed by its authorized officer,this 1st day of March,2018. cad K oep4THE GUARANTEE COMPANY OF NORTH AMERICA USA R4/ANE, � Ly i' STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. A_r Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland 0 T � 4� ••::.-•• • �' My Commission Expires February 27,2024 J Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. „0."TEEcoy-0 IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 23rd day of July 2019 jpor. Randall Musselman,Secretary