HomeMy WebLinkAboutPR 21076: ANNUAL CONTRACT FOR ADA COMPLIANT SIDEWALK INSTALLATION, AND UTILITY CUT CONCRETE REPAIRS THROUGHOUT THE CITY 4
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INTEROFFICE MEMORANDUM
Date: September 17, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
From: Alberto Elefano, PE Director, Department of Public Works
RE: PR No. 21076—Annual contract for ADA compliant sidewalk installation, and
utility cut concrete repairs throughout the City
Introduction:
The intent of Proposed Resolution No 21076 is to seek approval the annual contract for installing
American with Disabilities Act (ADA) compliant sidewalks, and a contract for utility cut
concrete repairs in various location throughout the City to Greenscapes Six, LLC of Baytown,
Texas.
Background:
This is an annual contract for the installation of the required ADA compliant sidewalks and
utility cut concrete repairs throughout the City in various locations.
Budget Impact:
Funds for the required ADA compliant sidewalks are provided in Account Number No. 001-
1203-531.87-00, Public Works Streets—ADA Sidewalks, with a projected budgetary impact of
$420,000.00.
Funds for the utility cut concrete repairs are provided in Account Number Nos. 001-1203-
531.46-00, 120-1429-582.59-05 and 410-1253-532.36-00.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
City of .
rth!J
www.PortArthurTx.gov
Recommendation:
It is recommended that City Council approve PR No. 21076 which authorizes the City
Manager to enter into contracts with Greenscapes Six LLC, as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 21076
9/17/19 ace
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND
GREENSCAPES SIX LLC OF BAYTOWN, TEXAS FOR THE
INSTALLATION OF SIDEWALKS WITH A PROJECTED BUDGETARY
IMPACT OF $420,000.00, AND UTILITY CUT REPAIRS FOR
CONCRETE SLABS AT VARIOUS LOCATIONS THROUGHOUT THE
CITY WITH A PROJECTED BUDGETARY IMPACT OF $50,000.00.
FUNDING IS AVAILABLE IN THE PUBLIC WORK STREETS ADA
SIDEWALKS ACCOUNT NUMBER 001-1203-531.87-00; STREET
MAINTENANCE ACCOUNT NUMBER 001-1203-531.46-00; EDC 4B
DEVELOPMENT ACCOUNT 120-1429-582.59-05; AND WATER
DISTRIBUTION STREETS ACCOUNT 410-1253-532.36-00
WHEREAS, the City of Port Arthur is required by the Americans with Disabilities Act
(ADA)to install compliant sidewalks; and,
WHEREAS, the City of Port Arthur's Utility Department performs utility line repairs at
random time intervals throughout the City including demolishing existing concrete slabs within
the City's right-of-ways, easements, or other properties; and,
WHEREAS, the City of Port Arthur's Purchasing Division advertised in the Port Arthur
News on June 21, 2019 and June 28, 2019 for bids for utility cut repairs for concrete slabs and
August 15,2019 and August 22,2019 for bids for the annual contract for installing sidewalks; and,
WHEREAS, bids for utility cut repairs for concrete slabs were received and opened on
July 10, 2019, as shown as Exhibit"A"; and,
WHEREAS,bids for installing sidewalks were received and opened on August 28, 2019,
as shown as Exhibit"B"; and,
WHEREAS,Greenscape Six,LLC is the lowest and best bid for both the utility cut repairs
and installing the sidewalks; 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 authorized to enter into a contract between the City of Port
Arthur and Greenscapes Six LLC of Baytown, Texas for annual installation of ADA compliant
sidewalks, with the option of renewal for one additional year, in substantially the same form as
attached hereto as Exhibit "C"; and,
THAT, the City Manager is authorized to into a contract between the City of Port Arthur
and Greenscapes Six LLC of Baytown, Texas for utility cut repairs for concrete slabs, with the
option of renewal for two additional one-year periods, in substantially the same form as attached
hereto as Exhibit"D"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED this the_day of , A.D. 2019 at
a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
_
Valecia Tizeno Ron Burton
City Attorney Interim City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Daniel, CPA
Director of Finance
Alberto Elefano, P.E.
Director of Public Works
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lire/ d,o,.ti
Cli`on $ illiams, CPPB
Purchasing Manager
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EXHIBIT C
ANNUAL CONTRACT FOR INSTALLATION OF SIDEWALKS
THIS AGREEMENT, made this the of , 2019, 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 Greenscapes Six LLC, hereinafter
called CONTRACTOR".
WITNESSED: That for and in consideration of the payment terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The 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:
Ron Burton Print Name:
Interim City Manager Title:
ATTEST: WITNESS:
Sherri Bellard, City Secretary Print Name:
THIJRMAN BILL BARTIE,MAYOR RONALD BURTON
HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER
COUNCIL MEMBERS: City of , SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW III
ort r t h u—� VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK
AUGUST 18,2019
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,August 28, 2019. (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,
August 28, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are
invited to attend.
MARK ENVELOPE: P19-087
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 writiiz to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarth urtx.2ov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 Fax 409.983.8291
Page 1 of 26
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.
CLoAs. 024.16.ca-n
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 26
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 26
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 I AND SIGN AT THE BOTTOM.- PAGE 17 & 18
E. CHAPTER 2252 CERTIFICATION-PAGE 19
F. HOUSE BILL 89 VERIFICATION-PAGE 20
Page 4 of 26
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
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.
Page 5 of 26
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 26
General Notes and Specifications
The Contractor will establish the project control point, points, or tangency, PI's (points of
intersection), point of curvature(PC, PI, and PT) and bench marks at the beginning and end of the
project on plan view only. Contractor shall establish and maintain these points through
construction. There will be no 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 lines, 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.
The approximate location of the known underground utility installations is shown on 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 Bid 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
Page 7 of 26
Contractor at no additional cost to the City and shall be considered as incidental to the Bid 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 1,2004.
Construction of the Project shall be accomplished in the construction sequence as follows:
Phase I:
1. 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.
Bid quantities are estimated only to give an indication of the general 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.
There will be no payment for Materials at Hand.
Page 8 of 26
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 9 of 26
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 10 of 26
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 11 of 26
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 0:409.983.8551 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 12 of 26
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 13 of 26
CITY OF PORT ARTHUR,TEXAS
BID SHEET
RID FOR: Annual Contract for Installing Sidewalks
BID DUE DATE: August 28,2019
Item Item Description UOM Unit Price
No. Code
Removing Concrete(Curb, Gutter,Combined
104 001 Curb&Gutter)
LF $ 25.00
104 002 Removing Concrete(Walkways)(4"to 6") SY $ 27.00
104 003 Removing Concrete(Driveways)(4" to 6") SY $ 27.00
104 004 Removing Concrete(Sidewalks)(4"to 6") SY $ 27.00
104 005 Removing Concrete(Gutter)(6"to 8")(Incl. Saw LF 25.00
Cutting) $
110 001 Excavation CY $ 16.00
132 001 Embankment CY $ 15.00
162 001 Sodding for Erosion Control(St. Augustine Grass) SY $ 9.00
340 001 Dense Graded Hot Mix Asohalt(Small Qty)(TY. Sl, 25.00
F) (0"-2") $
529 001 Concrete Curb,Gutter,and Combined Curb and LF 35.00
Gutter $
530 001 Driveways(4")(Class A) SY $ 60.00
531 001 Sidewalks(5')(4")(Class A) SY $ 55.00
531 002 Walkways(4')(4")(Class A) SY $ 55.00
531 003 Wheel chair Ramps (Ty. 7)(4")Incl.Truncated EA
Domes) $ 1,500.00
GREENSCAPES SIX, LLC 7020 FM 3180 BAYTOWN
LOMPANY NA STREET ADDRESS
lAkA-4-Att
SIGNATURE OF BIDDER P.O.BOX
MIKE ARCHER BAYTOWN TX 77523
PRINT OR TYPE NAME CITY STATE LIP
MANAGING PARTNER 713-501-7456
1111,1-; AREA CODE TELEPHONE NO
marcher@greenscopes6.com
EMAIL FAX NO.
Page 14 of 26
•
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 an d.ubmission of this bid proposal.
Signature: ./
K
t A
Printed Name: MIKE ARCHER
Title: MANAGING PARTNER
• Company: GREENSCAPES SIX, LLC
Date: 8-26-2019
SUBSCRIBED and swo to before me by the above named Mike- on
this the a 81-11-day of , 20 i q
6
/ .Lr • .
�. ., JODIE MCADAMS
N.�ry Public in and f. the
,.�. . e., State of Texas
41 ' ;Notary Public.State of Texas
�y
•.,Di,'�= Comm.cYaires 10-10.262
`�' My commission expires: t O/(J a-f
F a Nater ID t tG148G1
'vnu�. Y
Page 15 o126
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I
further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as
they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts
as they become due.
GREENSCAPES SIX, LLC 8-26-2019
Firm Ay
Date
✓��✓W �c
MANAGING AG NG PARTNER
Authorized Signature Title
MIKE ARCHER 713-501-7456
Name(please print) Telephone
marcher@greenscapesd_com
Email
�•�pri� JOIE MCADAMS
STATE: TEXAS c� .tt,=Ise Public,S�.+c o+tcYas
V) ::= Comm.Expires 16.10.7Q2!'
COUNTY: CHAMBERS 4,FT;��_ Notary Ip !614862
SUBSCRIBED AND SWORN to before me by the above named V(k� `C1 �7�
on this the o21 8'1/4 day of 4wau ,20 1' .
Nbtary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Pane 16 of 26
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.S.23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code.by a vendor who
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Date Received
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with he records administrator of the local governmental entity not later
than the 771 business day after the date the vendor becomes aware of facts that require the statement to bo
fled See Section 176.006(a-1).Local Government Code.
A vendor commits an offense if the vender knowingly violates Section 176.006,Local Government Code An
offense under this section is a misdemeanor
11 Name of vendor who has a business relationship with local governmental entity.
NONE
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 fired questionnaire was incomplete or inaccurate.)
af 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 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 rot received from the
local governmental entity?
Yes I I No
Describe each employment
p1 yment or business relationship that the vendor named in Section t 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.
ElCheck 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)(5), excluding gifts described in Section 176.003(a-1).
7r
-Vitt-tAti
8-26-2019
Signature of vendor doing business with he governmental entity Data
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1113C.2G15
Page 17 of 26
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:!rwww.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
(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 govemmental 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 18 of 26
House Bill 89 Verification
MIKE ARCHER (Person name), the undersigned
representative (hereafter referred to as "Representative") of
GREENSCAPES SIX, LIC
_ (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
BSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this 14day of 41.1U ST , 20/
N11 otary Public
"i' " JODIE MCADAMS
�R�oG i
'?�:. .Sc Notary Public.State of Texas
cvh °°'F Comm.Expires 10.10-2021
- *c$
,,,, Notary ID 11614862
Page 19 of 26
SB 252
CHAPTER 2252 CERTIFICATION
MIKE ARCHER ,the undersigned an representative
GREENSCAPES SIX, LLC
of
(Company or Business Name)
being an adult over the age of eighteen (18)years of age, pursuant to Texas Government Code,
Chapter 7752, Section 2752.152 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. l
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 Comp Re sentative(Print)
Signature of Company Representative
8-26-2019
Date
Page 20 of 26
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 21 of 26
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 22 of 26
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 23 of 26
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 24 of 26
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-ovmed 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 25 of 26
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 26 of 26
EXHIBIT D
CONTRACT FOR
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE
SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY
THIS AGREEMENT, made this day of , 2019, 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 Greenscapes Six, LLC. 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 365 days from the start date with the option to renew for
two additional one year periods.
2. The Contractor shall Utility Cut Repairs for Concrete Slabs at Various Locations throughout
the City.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms in the amounts stated in the bid documents.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) General Information
3) Specification
4) Addendum
5) Bid
6) Notice of Award
7) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties 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 written above.
Signed on the day of 2019
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of , 2019
ATTEST GREENSCAPE SIX, LLC
BY
CITY SECRETARY
PRINT NAME:
TITLE:
CITY OF PORT ARTHUR,TEXAS
400nrt rth .
.-- ADDENDUM NO.ONE (1)
July 2, 2019
Quotes For: Annual Utility Cut Repairs @Various Locations
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:
I. SUBMIT THE FOLLOWING.
A. BID SHEET- PAGE 6
B.NON-COLLUSION AFFIDAVIT-ATTACHED ON ADDENDUM #1
(MUST BE NOTARIZED)
C. AFFIDAVIT- PAGE 7(MUST BE NOTARIZED)
D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE
ON LINE 1 AND SIGN & DATE ON LINE 7- PAGE 8
E.CHAPTER 2252 CERTIFICATION-PAGE 10
F. HOUSE BILL 89 VERIFICATION- PAGE 11
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.
i �i
CliftoriWi iams, CPPB
Purchasing Manager
Signature of Proposer Date
DERRICK FORD FREEMAN,MAYO REBECCA UNDERHILL
HAROLD DOUCET,SR.MAYOR PRO TEM111514
INTERIM CITY MANAGER
COUNCIL MEMBERS: City of \ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. 1� CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW 111 n r t r t Icy_- VAL TREND
ur
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK Iexas
JUNE 23, 2019
INVITATION TO BID
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, July 10, 2019. (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,July 10,2019 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE:P19-076
DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur,TX 77641
clifton.williams(a,portarthurtx.gov
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope,with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
0) E
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 16
INVITATION TO BID
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 16
SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 6
B. EQUIPMENT LIST-PAGE 7
C. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED)
D. AFFIDAVIT- PAGE 9 (MUST BE NOTARIZED)
E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
1 AND SIGN & DATE ON LINE 7- PAGE 10
F. CHAPTER 2252 CERTIFICATION-PAGE 12
G. HOUSE BILL 89 VERIFICATION-PAGE 13
f
Page 4 of 16
PORT ARTHUR PUBLIC WORKS DEPARTMENT
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
The following specifications given shall apply to all locations. The specifications described below are
referenced from the City of Port Arthur Standard Detail Sheets.
1.0 Demolition: Contractor shall remove backfill material from the repair area to a depth of six inches (6")
for four inch (4") slab and eight inches (8") for a six inch (6") slabs. Slabs that are greater than six
inches (6") shall be paid by the ratio method. Saw-cut patched areas to straight neat edge lines.
Broken edge connection will not be accepted. Avoid damaging concrete that will remain in place.
Contractor must remove debris daily and leave a clean worksite upon completion of each repair. Sawcut
asphalt pavement to full depth.
2.0 Construction: Contractor shall furnish all labor, equipment, and materials to provide this service.
Contractor shall notify resident prior to construction. All driveways, sidewalk, street or other slab
repairs shall be in accordance with the City of Port Arthur, Texas Standard Detail Sheets (see attached).
Concrete curb can be monolithic by contractor's option. Curb ramps shall meet the 2012 Texas
Accessibility Standards.
3.0 Concrete shall have a 28-day compressive strength of 3600 psi and shall provide mix design from
•
concrete supplier at the awarding of the contract.
4.0 All street and pedestrian patches shall be open to traffic within 12 hours after pour.
5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel
prior to placing concrete. Contractor shall commence repair operations within 48 hours of notification.
Contractor must barricade the construction area at non-working hours.
6.0 The City shall submit list of repair locations, mark repair area, calculate repair area, and submit list to
the contractor. The City will attempt to submit a minimum of four locations minimum unless otherwise
specified by the City. Repair areas shall not include TxDOT roads. Prices include complete repair
service (sawcut, excavation, reinforcement, concrete pour and barricades). Curb and gutter prices
include removal of gutter and disposal
7.0 Work must be completed within seven days of notification to begin
CONTRACT TERM: The contract period will be one (1) year with the option to renew for two
additional one year terms.
Page 5of16
•
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Annual Contract for Utility Cuts Repairs for Concrete Slabs at Various Locations throughout the
City
BID DUE DATE: July 10,2019
UNIT COST
DESCRIPTION UOM LESS THAN 100 SF 100 SF OR MORE
RESIDENTIAL REPAIR SF $ 12.00 $ 10.00
COMMERCIAL REPAIR SF $ 16.00 $ 14.00
ROADWAY REPAIR SF $ 22.00 $ 20.00
DESCRIPTION UOM LESS THAN 50 LF 50 LF OR MORE
CURB&GUTTER LF $ 70.00 $ 60.00
CURB&RAMP EA S 2,500.00
GREENSCAPES SIX, LLC 7020 FM 3180
COMPANY NAME, STREET ADDRESS
SIGNATURE OF BIDDER P.O.BOX
MIKE ARCHER BAYTOWN TX 77523
PRINT OR TYPE NAME CITY STATE ZIP
MANAGING PARTNER
TITLE AREA CODE TELEPHONE NO.
carcher@greenscapes6.com 713-714-1200
EMAIL FAX NO.
Page 6 of 16
Carr of CITY OF PORT ARTHUR,TEXAS
4
nrt rthe ADDENDUM NO. ONE (1)
July 2, 2019
Quotes For: Annual Utility Cut Repairs @Various Locations
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. SUBMIT THE FOLLOWING.
A. BID SHEET— PAGE 6
B.NON-COLLUSION AFFIDAVIT—ATTACHED ON ADDENDUM#1
(MUST BE NOTARIZED)
C. AFFIDAVIT—PAGE 7 (MUST BE NOTARIZED)
D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE
ON LINE 1 AND SIGN &DATE ON LINE 7- PAGE 8
E.CHAPTER 2252 CERTIFICATION—PAGE 10
F. HOUSE BILL 89 VERIFICATION—PAGE 11
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.
Cliftori;Wi iams, CPPB
Purchasing Manager
4./
Signature of Proposer Date
•
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 o`
collusion related to the development nd submission of this bid proposal.
Signature:
to
Printed Name: MIKE ARCHER
Title: MANAGING PARTNER
-- --- -- ---
Company: GREENSCAPES SIX, LLC
Date: 7-10-2019 —
SUBSCRIBED and sworn to before me by the above named MIKE ARCHER on
this the 10 day of JULY , 20 19
Pic in and for the
"''' JODIE MCADAMS
o. :.'�4:� State of Texas
;f:Notary Public, State of Texas
.7 CommExpires 10-10-2021
-%f,o;, Notary ID 11614862
Mycommission expires:
res:
0
IIII
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
GREENSCAPES SIX, LLC 7-10-2019
Firm me Date
kciA...._
MANAGING PARTNER
Authorized Signature Title
MIKE ARCHER 713-501-7456
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 10 day of JULY ,20 19 .
41:044,!: ,y JODIE MCADAMS
z Notary Public.State of Texas 412z,...4.4.._
�,
Comm. Expires 10-10-2021 Notary Public
,t
.),, , „�.�. Notary ID 11614862
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 16
i •
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. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the Date Received
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.
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
al 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 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?
nYes 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.
1 1 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)(B), excluding gifts described in Section 176.003(a-1).
7-10-19
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30i2015
Page 8 of 16
i •
SB 252
CHAPTER 2252 CERTIFICATION
1� I, MIKE ARCHER ,the undersigned and 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 7252,
Section 2252.152 and Section 7752153,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)
Ilikitto1/41
Signature of Company Representative
7-10-19
Date
Page 10 of 16
• S
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 r ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 10 day
of JULY , 20 19
DMCADAMS )1,
NotaryJOPubIElic, State of Texas Notary Public
pct
:'Q Comm Expires 10-10-2021
�. �;;..' Notary ID 11614E62
Page 11 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.
Excluding Federal Funds
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.
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.
Page 12 of 16
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.
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.
Page 13 of 16
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.
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.
TERNIINATION 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
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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:
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.
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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.
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