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HomeMy WebLinkAboutPR 21269: REPAIR OF SEVEN (7) DRAINAGE PUMP STATIONS, TRIANGLE ROTATING EQUIPMENT SPECIALIST T.R.E.S.) City of ort rthu�— Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 3. 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: P.R. 21269—Awarding of the Repair of Seven(7) Drainage Pump Stations to Triangle Rotating Equipment Specialist(T.R.E.S.) in the amount of $655,581.97 Introduction: The intent of this agenda item is for the awarding of the contract for the repair of seven (7) drainage pump stations to Triangle Rotating Equipment Specialist(T.R.E.S.)of Orange, Texas, in the amount of$655,581.97. Background: Seven pump stations sustained significant damage during Hurricane Harvey.The Department of Public Works aims to restore the damaged pump stations to their pre-disaster design, capacity, and function with the award of this contract. Budget Impact: Funding in the amount of $655,581.97 is available for this purpose. Finance has made an account number for this project, which has received$397,904.22 as a settlement payment from the Texas Municipal League. The balance of the cost has been submitted for approval of reimbursement by FEMA. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 21269 authorizing the City Manager to execute a contract with Triangle Rotating Equipment Specialist(T.R.E.S.)of Orange, Texas, for the repair of seven(7)drainage pump stations in the amount of $655,581.97. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No. 21269 02/03/2020 fcr Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRIANGLE ROTATING EQUIPMENT SPECIALIST (T.R.E.S.) OF ORANGE, TEXAS, FOR THE REPAIR OF SEVEN (7) DRAINAGE PUMP STATIONS IN THE AMOUNT OF $655,581.97. FUNDING IS AVAILABLE FROM THE INSURANCE SETTLEMENT PAYMENT OF $397,904.22 WITH THE BALANCE HAVING BEEN SUBMITTED FOR REIMBURSEMENT BY FEMA. FUNDING IS AVAILABLE IN HURRICANE ACCOUNT NO. 147-2300-901.84-00. WHEREAS, the City of Port Arthur sustained substantial damage to its drainage pump stations during Hurricane Harvey; and, WHEREAS, pursuant to Resolution 20-030, the City Council authorized settlement with the Texas Municipal League Intergovernmental Risk Pool for the seven pump stations in the amount of $397,904.22; and, WHEREAS, the Federal Emergency Management Agency (FEMA) has determined that the damages warrant repair and are eligible for reimbursement from federal funding; and, WHEREAS, the City of Port Arthur advertised in the Port Arthur News for bids on November 20, 2019 and November 27, 2019; and, WHEREAS, one bid was received and opened on January 17, 2020 for the repair of the seven drainage pump stations and has been evaluated by the Department of Public Works and the Purchasing Division, as shown in the bid tabulation attached hereto as Exhibit A; and, WHEREAS, Triangle Rotating Equipment Specialist (T.R.E.S.) of Orange, Texas, was the sole and acceptable bidder; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: PR No.21269 02/03/2020 fcr Page 2 of 3 THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a contract between the City of Port Arthur and Triangle Rotating Equipment Specialist (T.R.E.S.) of Orange, Texas, for the contract amount of $655,581.97 for the repair of the seven drainage pump stations in substantially the same form as attached hereto as Exhibit B; 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. 2020 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 PR No. 21269 02/03/2020 fcr Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tize Ron Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance c LL Alberto Elefario, P.E. Director of Public Works I r) Clifton Williams, CPPB Purchasing Manager EXHIBIT A n oo J Oc v, A W N r g a1 P ° m m c o mMi ~ e o N o e o 0 0 a c d E;� a9.0 * am• no .0 f Do .0 ti E m ° "I mC 5. a Ao R O O 4 m - moi `! c ^ A F "m'. ^. H " H R oo 1-o � 9 a °o " = as a as c r, FA FA y [ c LA Se Se a C17 0 0 "' t� N A 40 C�.GIQ W N O A Ow0 .Oyi b m �� O O m v O •C •co, O O O `� A CfC 0 UI O C a A ill cij 2: A A O 0 d n m. ct C oO C C O O C .o w =.ao T O ".' A 2 CO o• o o o o 2 o o 'R! CO CO CO CO CO to a H y a: a a a a a a 2 R O 94A F.: 2 2 2 2 2 2 2 e d E: i� CO to CO CJ to to 07 a H T r A EEEE a a a o f0 aao w Cd �. o a Cl) y G ` 2 2 2 2 2 2 2 A CO 0 < ,< CO CC t0 a to 07 a ^ C A A A Q 2 a a a a a a o 0 o a s . a 2 2 2 2 2 2 2 CO o rJ b = ddp' � O O 0 0 0 0 0 B � w N� mi. 0-/ "j y C CO to tO CO a a a 0 y S. c v! fD m. C a a a a I a a: a: A a •a A0. r 770 00 I.i O 22 0 2 0 2 o A z '" C a [ 01 tO to CO tz tz to ahY a 2 a 0 a s a a . ril c. _ et k4'� c et, oto O. 2 2 2 2 2 2 2 O d C o K 00 to to b to to q t0 b y A z O a a a a a a a $ y c o 22 o 2 0 2 00 A CO CO CO CO CO CO Ga r: 2 a a a a a a :. A 0 eD CO n k I. p' 0 2 0 2 0 2 o o M H o m a Co CO CO CO CO CO CO 'a y 0 a a a a a a a f90 A 0 2 0 0 0 0 2 o Ay, tn., to to CO CO CO CO CO 'o = 2 a a a E: a a a rflA O —.0 O -. - A ''°a: 2222 o 0 2 0 @ d . , 3 gCO b tO CO CO b CO z H T o E EEE a a a ...., 0 H A EXHIBIT B SPECIFICATIONS AND CONTRACT DOCUMENTS REPAIR SEVEN (7) DRAINAGE PUMP STATIONS 01 4 City of 1tgort rthu�— Texus CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS BID NUMBER: P20-014 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Repair Seven (7) Drainage Pump Stations will be held on December 3, 2019 at 1:00 p.m•at the Operation Center located at 201 West H. O. Mills Road, Port Arthur,Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. THURMAN BILL BARTIE,MAYOR RON BURTON HAROLD DOUCET,SR.MAYOR PRO TEM �\\�1I 1 % CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR ` CAL J.JONES 0./ CITY SECRETARY THOMAS J.KINLAW III ,r r r t h- u r VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas NOVEMBER 24,2019 INVITATION TO BID REPAIR SEVEN(7)DRAINAGE PUMP STATIONS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, December 18, 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, December 18, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P20-014 DELIVERY ADDRESS: Please submit one(1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov 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 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. Cleo&w, Clifton Williams, CPPB Purchasing Manager INVITATION TO BID REPAIR SEVEN(7)DRAINAGE PUMP STATIONS (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: CONTRACT Table of Contents SECTION TITLE A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL E. BID BOND F. CONFLICT OF INTEREST G. PAYMENT BOND H. INSURANCE I. PERFORMANCE BOND J. SPECIFICATION K. NON COLLUSION AFFIDAVIT L. AFFIDAVIT PAGE M. HOUSE BILL 89 VERIFICATION N. SB 252 O. MBE DOCUMENT P FEDERAL CLAUSES Q ADDENDUMS SECTION A CONTRACT FOR REPAIR SEVEN (7) DRAINAGE PUMP STATIONS THIS AGREEMENT, made this day of , 2020, 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 Triangle Rotating Equipment Specialist (T.R.E.S). 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 210 days from the start date on Notice to Proceed. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, Iabor 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 total amount of$655,581.97. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Addenda 6) Payment Bond 7) Performance Bond 8) Notice of Award 9) 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 2020 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2020 ATTEST Triangle Rotating Equipment Specialist (T.R.E.S.) BY BY PRINT NAME: PRINT NAME: TITLE: SECTION B CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 10:00 A.M., Wednesday, December 18, 2019 and all bids received will thereafter be opened and read aloud at 10:15 A.M., on Wednesday, December 18, 2019 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: REPAIR SEVEN(7)DRAINAGE PUMP STATIONS Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, DECEMBER 3, 2019 AT 1:00 P.M. AT OPERATION CENTER, 201 WEST H. O. MILLS ROAD, PORT ARTHUR,TEXAS Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. 6124g44/2.a- CliftiA Williams, CPPB Purchasing Manager FIRST PUBLICATION: November 20,2019 SECOND PUBLICATION: November 27,2019 SECTION C 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. 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. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. 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. 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.: Drainage, 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 601 f 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. 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 Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgment, cost or expense: Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated. BID SECURITY AND LIQUIDATED DAMAGES: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur (CITY), or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty(60) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the CITY, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the CITY for the difference between the amount specified in the bid in the amount for which the CITY may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the CITY and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the CITY, within said period, of reasons which the sole discretion of the CITY,justify an extension. If said Contract, bonds and insurance Documents are not received by the CITY within said period or if work has not been commenced within the time specified, the CITY may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The CITY, within ten (10) days of receipt of acceptable Performance and Payment bonds, insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should the CITY not execute the Contract within such period, the Bidder may, by written Notice to CITY, withdraw his signed Agreement. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project is extremely important to the CITY. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" issued by the CITY and to fully complete the project within 90 calendar days. Failure of the CONTRACTOR to complete the Work within the time allowed will result in damages being sustained by the CITY. It is agreed and understood that it would be impractical and extremely difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is not intended by the parties to be a penalty. As such, liquidated damages of$500.00 per day will be imposed for each calendar day the service delivery date is exceeded. By submittal of Bid on the project, and by execution of the Contract by the CONTRACTOR awarded the project shall constitute an agreement by the CITY and CONTRACTOR that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. SECTION D CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Repair Seven (7)Drainage Pump Stations BID DUE DATE: January 3, 2020 DESCRIPTION COST DAYS TO COMPLETE Gulfway Underpass Pump Station $ �38 9 9D Memorial Underpass Pump Station $3c ( 69' 1!/ Golf Course Pump Stationer $ ,87 3� . �D ° vd Golf Course Pump Statio $ 5-00 3 0 El Vista Pump Station $ ` Q�• v �) Montrose Pump Station $ a`Q �lj, Landfill Pump Station $ JDD, 833• 3 6 D. Additional will be at a cost of$ AK per hour. P /4 /9�� cIL71 cce/4 CONA STREET ADDRESS foe / //0 SIG ' TU;j : : ': SER P.O. BOX 41142/ PRINT OR TYPE NAME CIT T STATE ZIP 45/66,/ �U0 g��--6W49' TITLE A CODE TELEPHONE NO r�$egt tAcepf EMAIL FAX NO. SECTION E BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed, this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall famish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID,then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event,exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. (L.S.) PRINCIPAL SURETY BY: IMPORTANT- Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. SECTION F 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 Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vend r who has a business relationship with local governmental entity. N R 2' n � I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer LI 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 CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? n Yes INo 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 171 No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. J 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). 2j J� f� �o�o Signa"r of ven r doing business with the govemmental entity ate Form provided by Texas Ethics ommission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm!LG.176.htm. For easy reference.below are some of the sections cited on this Corm 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 governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local govemment 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 SECTION G PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we ,of the City of , County of and State of as Principal,and as Surety,authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur,Port Arthur,Texas,and to all Subcontractors,workmen,laborers,mechanics and furnishers of material,and any other claimant,as their interest may appear,all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas,the above bounden Principal as prime contractor has on the day of ,2019,entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statures,as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each claimant, then obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such exchange, extension of time, addition or modification. IN WITNESS WHEREOF, the Principal has caused these presents to be executed, and the said surety had caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seals to be hereto affixed at on this the day of , A.D., 2019 CONTRACTOR ATTEST: BY: TITLE: CONTRACTOR ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. SECTION H DATE (MMIDDIYYYV) Aco CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, INC.No.Ext): Nol: E-MAIL ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B INSURER C: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REN fED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ _ CLAIMS-MADE I OCCUR MED EXP(Any one person) $ _ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 7 POLICY 7 JE I LOC I $ AUTOMOBILE UABIUTY COMBINED SINGLE LI MI — (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY ) AUTOS _ D AUTOS (Per accident) $ NON-OWNED PR PERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION VJCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETORJPARTNERIEXECUTIVE N/A E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo registered marks of ACORD SECTION I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: l•H.A l ;Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, arc held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER. in the penal sum of Dollars,S( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,successors,and assigns,jointly and severally,.firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER,dated the day of 2017,a copy of which is hereto attached and made a part hereof for the construction of: • NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may he granted by the OWNER, with or without notice to the Surety and during:the one year guaranty period,and if he shall satisfy all claims and demands incurred undersuch contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of thilure to do so,and shall reimburse and repay the OWNER all outlay and expense Which the OWNER may-incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, • that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. 1-1 PROVIDED, FURTHER,that the said•surety, for value received hereby stipulates and agrees that • no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation-on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original,this the day of ,20 ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: • BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership. all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. • . 1-2 SECTION J SPECIFICATIONS TO REPAIR SEVEN(7) DRAINAGE PUMP STATIONS The contractor will restore the pump station facilities back to pre-disaster design, capacity and function within the existing footprint. All work will be completed within the City's ROW; if staging of equipment and materials would be needed they will be staged within the City's ROW. Contractor must obtain all applicable local, State and Federal permits prior to any construction or debris-disposal activity off-site, out of ROW or intentional dumping ground onsite. GulfrsavUnderpass Pump Station A. Repair asphalt pad, 2 each of holes and cracks in the asphalt pad which is installed around the central concrete pad, two holes(20 IN x 5 IN x 6 IN deep and 6 IN x 4 IN x 4 IN deep) in the asphalt abutting the concrete section. B. Repair, sink hole, 6.3 CF of hole in the ground located 8 FT from the asphalt pad, 2 FT long x 1.67 FT in diameter, surface water flooding created a hole in the ground 2 FT x 1.67 FT in diameter, 0%work completed. Pump #1: A. Remove and replace, motor, 1 each of U.S. Motors/model 1450-3-95/ ID: 9302294-D- 066 electric motor, hollow shaft, 25 hp. B. Remove and replace, pump. 1 each of Fairbanks Morse/SN: K2T067177 pump with 10 inch outlet, 3,000 GPM. Pump #2: A. Remove and replace motor, 1 each of U.S. Motors/model 1450-3-95 /hollow shaft/ID: 9302294-D-066 electric motor, 25 hp. B. Remove and replace pump, 1 each of Fairbanks Morse/ SN: K2T2067177-1 water pump with 10 inch outlet, 3,000 GPM. SPECIFICATIONS TO REPAIR SEVEN (7) DRAINAGE PUMP STATIONS Memorial Underpass Pump Station Work to be completed Motor: A. Remove and replace, motor, 1 each of Star Electric Type NL-405V, electric motor, 870 RPM, 20 hp. Pump: A. Remove and replace, pumps, 1 each of Chicago (Model Number not available—no access) pump, 3,000 GPM. Wet Well: A. Remove and replace, wet well, 560 SF of concrete block walls of the Diet well, 12 FT long x 8 FT wide x 14 FT deep. Golf Course Pump Station #1 Work to be completed Pump Station: A. Remove and replace - building wall, 486 SF of oriented strand board (OSB), 7/16 inch thick. 54 FT long x 9 FT high. B. Electric motor, 2 each of U.S. Electrical Morors/type HU vertical motor, 460 volt, 875 RPM, 125 hp, site inspectors observed no visible damage. C. Pump, 2 each of Lo-Lift Pump Company/packingless water pump with 30 inch intake, 25,000 GPM, site inspectors observed no visible damage to the pump. D. Remove and replace, water intake screen, 144 SF of screen made of chicken wire and chain link, 18 FT long x 8 FT deep. E. Motor control,2 each of Square D/3-phase/480 volt motor control with NEMA size 5 starter and 200 amp fuses,75 IN long x 20 IN wide x 12 IN deep, site inspectors observed no visible damage. SPECIFICATIONS TO REPAIR SEVEN(7) DRAINAGE PUMP STATIONS Golf Course Pump Station #2 Work to be completed Facility Damage: A. Remove and replace, building siding, 672 SF of masonite outer building siding, 56 FT long x 12 FT high. B. Motor control panel, 2 each of Square D/class 8536/3-phase NEMA size 5 starter type S combination controller with 300 amp fused disconnect switch and solid-state overload relay in NEMA 3R enclosure, 75 IN long x 20 IN wide x 12 IN deep, site inspectors observed no visible damage. C. Remove and replace, door, 1 each of outer door to the building, metal covered with solid wood interior, 7 FT long x 3 FT wide x 0.25 FT thick. D. Remove and replace electric motor, 1 each of U.S. Electrical Electrical Motors/type RU high thrust three-phase pump motor, 100 hp. E. Remove and replace pump, 1 each of Lo-Lift Pump Company. SN: 76-4980 water pump with 24 inch impeller. F. Remove and replace, screen, 144 SF of intake water screen made of chain link fence, 18 FT long x 8 FT deep. El Vista Pump Station Work to be completed Diesel Engine: A. Remove and replace, engine, 1 each of Waukesha/diesel engine of unknown size. Electric Motor: A. Remove and replace, electric motor, 1 each of U.S. Motors/ ID: N05L3640571C-01 100 HP, 3-phase, 460 V, 435 RPM, electric motor, 100 hp. Electrical Receptacle: A. Remove and replace, electrical receptacle, 1 each of electrical duplex receptacle. SPECIFICATIONS TO REPAIR SEVEN(7) DRAINAGE PUMP STATIONS Flow Controller: A. Remove and replace, flow controller, 1 each of unspecified flow controller at the bottom of the pump basin (no information is available) which controls the pump, which is powered by the diesel engine. Gear Box: A. Remove and replace, gear box, I each of Amarillo/ SN: 3BL right angle pump drive connecting diesel engine to pump. 110 HP, 1760 RPM. Intake Channel: A. Remove and replace, intake channel, 9.9 CF of concrete side of intake channel for pump station, 6 FT long x 5 FT wide x 0.33 FT thick. Road to Pump Building: A. Remove and replace, road, 350 SY of road (limestone and cold mix asphalt) that runs between the end of 50`h Street and the pump station building. Suction Pipe: A. Repair, suction pipe, 1 each of 42 inch diameter intake pipe(underground). Washout: A. Replace, washout, 1.5 CF of earth, 1.5 FT long x 1 FT wide x 1 FT deep. Montrose Pump Station Work to be completed Access Road: A. Remove and replace road, 19 CY of Limestone, 79 FT long x 19 FT wide x 4 IN deep. Pump Station: A. Remove and replace pump, 1 each of Pump, 25,000 GPM, driven by Detroit Engine, flooding of over 2 feet above the floor of the pump station building. Pump sits below the gear box with no access to the pump. B. Remove and replace pump, 1 each of Pump, 30,000 GPM, driven by the Sieman-Allis Motor. SPECIFICATIONS TO REPAIR SEVEN(7) DRAINAGE PUMP STATIONS C. Remove and replace pump, 1 each of Sump Pump, 2,000 GPM, under water at the time of inspection.The sump pump is an estimated 15 feet below the floor of the pump station building. D. Remove and replace, Pipes, 3 each of Intake Piping, no make or model number available. there are 3 intake pipes: 2 for the large pumps and 1 for the sump pump. E. Remove and replace Intake System, 1 each of Intake Structure, no make or model number available, Intake structure. F. Remove and replace,Controls/Sensors/Gauges, l each of Square D Pump and Motor Control Panel consisting of the following components: Pump I and 2 Controls, Sump Pump control, Lighting Breaker Panel, Main Breaker Panel, and Transformer. G. Remove and replace Controls/Sensors/Gauges, 1 each of Main Breaker Panel, Square D Model FO 4579183-1, 94 IN long x 64 IN wide x 21 IN deep. H. Remove and replace 1 each of Aluminum Garage Door, 10 FT Wide x 12 FT High. I. . Remove and replace 1 each of Detroit Diesel Allison Engine, Model Number 6A43336, Serial Number 643490,Transmission Model Number PTA 114177 Engine components: Starter, Belts, Fluids, Battery, Alternator. J. Remove and replace 1 each of Randolf- Right Angle Drive, Model Number 20 Gear Box, 250 Hp, 580 RPM. K. Remove and replace 1 each of Sieman-Allis Motor, Model Number 140, Serial Number 1- 5134-21624-01-1 motor, 200 Hp, 585 RPM. L. Remove and replace 2 each of 1-3/4 IN Round Steel Guard Rails around the Intake Structure, 83 IN Long x 42 IN High. SPECIFICATIONS TO REPAIR SEVEN (7) DRAINAGE PUMP STATIONS Landfill Pump Station Work to be completed Access Road: A. Road, 393.037 CY(3,537 SY)of limestone gravel, 2,274 FT long x 14 FT wide x 4 IN deep. Stormwater Pump Station: A. Remove and replace pump, 1 each of storm water pump 6,000 GPM. B. Controls/Sensors/Gauges, 1 each of(Model Number not visible, but appears to be an EP 250 Series)LOFA Engine Control Panel, 10 IN long x 9 IN wide x 6 IN deep. C. Remove and replace building, 1 each of metal structure sitting on a concrete pad for cleaning, 18 FT long x 14 FT wide. D. Remove and replace diesel engine, 1 each of Deutz Engine Model Number D914L06 Diesel Engine used for operation of the gear box and pump, 116 hp. E. Remove and replace gear box, 1 each of De'ran Model Number G125A, Serial Number A803079 gear box used to drive the pump, 1780 rpm, 125 hp. SECTION K NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS _§ By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: j://sit - 16,,ed Title: P r-o c E, / Company: / � /� /47uf.JrC�iPi- di/f(/SL Date: ( l6 a Z.,= (9 SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: A/2,2 / 9f,Z3 • a a. - - • 4 ^ MILLISSIA L DEARING 4 r`�! Notary ID#131903500 4 °' ,/ M Feoruarys22 2023es SECTION L . 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: 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. 776 �/� )�� �`Q r )1 c /�� �� /4, a7b 07a Firm Mille J Date 4?p.s , de4e/ Authoriz d Sign. PO re Title 6Y/17,,,(1/4e7) 7 //Po t109/ 9pc-o5-"9� Name (please print) Telephone /6I t y rs �a o re`. eon,/ Email STATE: KR COUNTY: CieRitf�G SUBSCRIBED AND SWORN to before me by the above named r •' I on this the / <r� day of 0 (Qr !a.(. , 20U . U U1)Notary is '--1\A—C2)„ RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL MILLI551A L DEARING NotaryID i 31903500 ���/�� � My Commission Expires ''1' February 22, 2023 SECTION M House Bill 89 Verification I, - -i - .. l (Person name), the undersigned representative (hereafter referred to as " epresentative") of //e/G-n, 6 71:A/i. /6ezep/it/ - .--rei 3 AV/ //ger-SI) (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. ; gl/ 6e," SIGNATUR OFR ESENTATIVE C' SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 7 day of wiv i.. , 20.%O. -1/Y\ . Y\ D-Q,e1--A.- N/! tary Public tip,,`',, MILLISSI.L DEARING _�—�.-li NotaryIO Xt 31703500 s e My Commisvcn Expires ''e 0:<i' February 21. 2023 SECTION N SB 252 CHAPTER 2252 CERTIFICATION I, 4id/die).( ,the undersigned and representative of fAf1iyuf g 6di' 65j,/ Vael dlist mpany or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran,Sudan or any Foreign Terrorist Organization,I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) SO 7241 - Signa re of ompany Representative 1�/Dov D SECTION 0 r , MBE DOCUMENT By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business(DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). iSA ,f (printed name of signatory) -4, /44,7'v cz ? 2t7 v, (signature and date) SECTION P FEDERAL CLAUSES 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. e.T1:5h4 Rel (printed name of signatory) (sign.ture a 5Idate) 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (printed name of signatory) %g9..qgef ;* �(, o (PC) (signatu e and d e) 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." (printed name of signatory) ei* tri' `$� c si ( gna ) 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et seq. During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color,religion, sex,or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex, or national origin. (3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary of Labor. (5)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (6)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. (7)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 6 J. VQS h fo,e J. (printed name of signatory) si nature end d e ( g ) 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 6.J 4.h g (printed name of signatory) isbyt) 62C/q (si ature date) 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR 4 5.5(b) (1) Overtime requirements -No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1) of this section. (3)Withholding for unpaid wages and liquidated damages—The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through(4)of this section. Cry 11sh 44 Rd_ (printed name of signatory) / ies--At/ 16 �oa�U (signa re and; te) 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A,44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. y O -/ p SC//f ZS 71- The Contractor,7 //vvf/I�i T s C 4 'certies or affirms the truthfulness and accuracy of each statement of its certification and closure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this day of (,Ly1,i..i tt2 , 20 Q p By Signatu of Bi•:er/Contractor/Subcontractor's Authorized Official Printed Name of Bidder/Contractor/Subcontractor's Authorized Official iqa,S/c/C/v 71- Title of Authorized Official 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. e Rshcodd (printed name of signatory) Affie (sign:ture, d date) 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (printed name of signatory) (sign Fture a a date) 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. E,a- l (printed name of signatory) 49 • eyofick -,.1962 -0 (si: a j and dat 11. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval dSk 1-6 ro (printed name of signatory) "11, I St-ie) (si: : •re . •. date) 12. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. (printed name of signatory) tf1/Q /i �P'Pt)/P/ .=9& (signair'e/ date) SECTIONQ • CITY,OF PORT ARTHUR,TEXAS • �- ADDENDUM NO. ONE (1) arr rrhur • December 18, 2019 Bid For: Repair Seven(7)Drainage Pump Stations 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. f ± Addendum as follows 1. DEADLINE: Sealed Proposals must be received and time stamped by 10:00 a.m., Central Standard Time,Friday,January 3,2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 10:15 a.m. on Friday,January 3, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. 2. Revised specifications will follow on Addendum #2. 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. Cli�illiams CPPB Purchasing Manager • Signature it' 'ro►.ser e CITY OF PORT ARTHUR,TEXAS 7 'Al % ;irr rri1t;r ADDENDUM NO. TWO (2) Teras December 23, 2019 Bid For: Repair Seven(7) Drainage Pump Stations 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 Please note the following changes to the drainage pump stations bid package. These changes supplement the items listed in the original bid package. 1. General information for all pump stations a. All pump stations contain removable roof panels of unknown size. Panels are large enough to accommodate the removal and replacement of the pumps. b. Contractor to remove and reinstall flap gates on the ends of the suction and discharge pipes 2. El Vista Pump Station a. Reference the attached pump diagram for location of the suction pipe b. Reference the attached U.S. Vertical Motor information sheets c. Flow controller shall be an SJE Pumpmaster Plus Pump Switch, Part Number 1003255, or approved equal d. Alternate bid item Remove and replace 24 ft. of 42"diameter pipe 3. Montrose Pump Station a. Detroit Diesel Allison Engine model number 6A433367 b. Remove, inspect, and rebuild Peerless pumps c. Alternate bid item Remove and install new 500 gallon fuel cell 4. Gulfway Pump Station No corrections/modifications 5. Memorial Pump Station a. Automatic start induction motor information i. Star Electric Motor Co.,Newark,NJ ii. Type NL 405V iii. 20 hp iv. 870 rpm v. 54/27 amps vi. Phase 3, cycle 60 vii. JER No. 203295 Continued 6. Golf Course#1 Pump Station a. Alternate bid item Remove and replace suction pipe or repair hole in suction pipe on pump number 2. (Size of hole will be determined after pump has been disassembled.) 7. Golf Course#2 Pump Station a. Alternate bid item Remove and inspect electric motor, 1 each of U.S. Electrical Motors/type RU high thrust three- phase pump motor, 100 hp 8. Attached is the revised Bid Sheet. 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. (4 � � Cli on Williams, CPPB Purchasing Manager Ada 4— /; /4/4_— 1_,x964 Sign. ure ► Proposer D e CITY OF PORT ARTHUR, TEXAS cr): ii,tiY� ADDENDUM NO. THREE (3) yid— January 2, 2020 Bid For: Repair Seven (7) Drainage Pump Stations 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 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January IS, 2020. (The clock located in the City Secretary's office will he the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 15, 2020 in the City Council Chambers. City Hall. 5111110(w, Port Arthur, TX. You arc invited to attend. 11 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 DOCW`'_ENTS. Clifton Williams. CPPB Purchasing Manager -i- Siggriatur- i .Pr )oser idill..) 0 CITY OF PORT ARTHUR, TEXAS ? -�.- ADDENDUM NO. FOUR (4) r:nur January 15, 2020 Bid For: Repair Seven (7) Drainage Pump Stations 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 DEADLINE: Sealed Bid submittals must be received and time stamped by 11:30 a.m., Central Standard Time, Friday, January 17, 2020. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 11:15 a.m. on Friday, January 17, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 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 DOCUM ENTS. (:_jv2ee 1 n Clifton Williams, CPPB Purchasing Manager / / 4, a6Q0 Signa r ser e `gn • CITY OF PORT ARTHUR,TEXAS r-P. ADDENDUM NO. FIVE (5) January 15, 2020 Bid For: Repair Seven (7) Drainage Pump Stations The tbllowing clarifications, amendments, deletions, additions, revision and/or modifications arc 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 folloNNs DEADLINE: Sealed Bid submittals must be received and time stamped by 11:30 a.m., Central Standard Time, Friday, January 17, 2020. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 11:45 a.m. on Friday, January 17, 2020 in the City Council Chambers, City Hall, 5`1' Floor, Port Arthur, TX. You are invited to attend. 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. /1-Aejt Cliftoi Williams. CPPB Purchasing Manager Sigi +ire oft. poser e • CI'T'Y OF PORT ARTHUR, TEXAS ADDENDUM NO. SIX (6) January 16, 2020 Bid For: Repair Seven (7) Drainage Pump Stations The following clarifications, amendments. deletions, additions, revision and/or modifications arc 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. El Vista Pump Station a. Contractor must provide a 12" pump to accommodate facility while pumps are being reworked. h. Replace driveshaft assembly c. Rebuild American Turbine pump. d. Rebuild Peerless pump and repair hole in suction. 2. Montrose Pump Station a. Replace Detroit Diesel with Cummins diesel or equivalent. No diesel requiring DEF fluid. h. Replace D-Ran gearbox. c. Replace driveshaft assembly. d. Replace float systems and control panel c. Rebuild Fairbanks Morse pump. 1. Rebuild Cascade pump. g. Replace sump pump. li. Contractor must provide a 1 2" pump to accommodate facility while pumps arc beim.; reworked. Guifway Underpass Pump Station a. Replace (2) US Motors 2 5h h. Replace (2) Fairbanks Moise lumps. 4. Gold Course Pump Station I a. Replace suction/column pip below discharge port. 5. Gold Course Pump Station a. Rewind & repair US Motor. b. Rebuild Iowlitt pump. c. Replace building siding masonite. d. Replace door of outer to the building. e. Replace chain fence suction screen. continued • 6. Memorial Underpass Pump Statioq a. Rebuild 25 hp Star Electric motor. • h. Repair and rebuild existing Chicago pump and impeller. • c. Replace universal joints: 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 ,j i) .1` I f �fJ J d CliftonkVilliams, CPPB Purchasing Manager , m) as Sigi re(roposer I • 0 t, CITY OF PORT ARTHUR,TEXAS � �-�.-- ADDENDUM NO. SEVEN (7) January 16, 2020 Bid For: Repair Seven (7) Drainage Pump Stations 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. Gulfway Underpass Pump Station a. Replace (2) US Motors 25hp h. Rebuild (2) Fairbanks Morse pumps. 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. LL 11ri Clifton illiams. CPPB Purchasing Manager f/ .#• 0 � , 16 ao�d / Sigi re/ roposer tc