HomeMy WebLinkAboutPR 14602: WALKER ELECTRIC COMPANY - MAINTAIN LIGHTING AT BALLPARK FIELDSMemorandum City of Port Arthur, Texas Purchasing Division TO: Stephen Fitzgibbons, City Manager FROM: Joseph Broussazd, Purchasing Manager DATE: Mazch 4, 2008 SUBJECT: Proposed Resolution No. 14602 RECOMMENDATION The Purchasing Division recommends the City Council's approval to enter the City of Port Arthur into a three yeaz maintenance agreement with Walker Electric Company of Beaumont, Texas for the maintenance of the lighting equipment at various ballpazk fields at an approximate cost of $33,000. BACKGROUND The Purchasing Division advertised in the Port Arthur News for the maintenance of ballpazk lighting February 19, 2008 and February 24, 2008. The bids were opened on March 4, 2008. The City received bids from four (4) Vendors. Walker Electric Company of Beaumont, Texas was the lowest and most responsible bidder. BUDGETARYAND FISCAL EFFECT Funds will be allocated from 001-1207-531.39-00. STAFFING EFFECT None SUMMARY The Purchasing Division recommends that the City Council approve a three yeaz maintenance agreement with Walker Electric Company of Beaumont, Texas for the maintenance of the lighting equipment at various ballpark fields at an approximate cost of $33,000. PR 14602 P. R. N0.14602 03/04/08 DF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR MAINTENANCE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND WALKER ELECTRIC COMPANY OF BEAUMONT, TEXAS, FOR THE MAINTENANCE OF LIGHTING AT VARIOUS BALLPARK FIELDS WHEREAS, various ballpark lights are in a state disrepair and require replacement and ongoing maintenance; and WHEREAS, the Purchasing Division advertised for the maintenance of lighting at various ballpark fields in the Port Arthur news February 19, 2008, and February 24, 2008, and bids were opened March 4, 2008: and WHEREAS, the City received bids from four (4) vendor-s, a copy of the bid tabulation is attached hereto as Exhibit "A"; and WHEREAS, upon review of the bids submitted, the lowest and most responsible bidder is Walker Electric Company of Beaumont, Texas. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council deems it is in the best interest of the City to approve and authorize the City Manager to enter into a three (3) year maintenance agreement between the City of Port Arthur and Walker Electric Company of Beaumont, Texas for the maintenance of lighting at various ballpark (in substantially the same form as Exhibit "B") PR 14602 Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this ' day of March 2008, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: ' AYES: Mayor: Council members: NOES: Mayor PR 14602 ATTEST: Acting City Secretary APPROVED AS TO FORM: Mark So~ w, C ~ A to y~,~~~n_C?~ 1~,~ APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager APPROVED AS TO FUND AVAILABILITY Rebecca Underhill,. Director of Finance AS AGREED Walker Electric Company of Beaumont, Texas PR 14602 "EXHIBIT A" PR 14602 C[ B1D TABULATION SHEET AS DESCRIPT[ON: BALL PARK L1GIiTING MAIN'CENANCE DATE: MARCH 4, 2008 N AME OF WALKER CL rn1vIPANY ITEM # UOM I,AEOR CHARGE M1gpNDAY-FRIDAYl8-5 1 g 60.00 JOURNrYMAN HR $ 40.00 _ _ - _ APPREN"i'ICE _. LiR _ LAI30R CIiARGF. OVERTlDiE 2 $ 60.00 IIR JOliRNEYMAN g 40.00 APPRENTICE HR DIATERIALSIF..QUIPMENT 10% q riff 5 HR 6 HR 7 pN_SCTE 12ESPONSE TQ\4E MANLCFT/HYDRAULIC LIF'C S 0.00 NINCH TRUCK/CSOOM 8 0.00 TRUCK/POL UIPMENTUCK RF,N'CAL EQ 10% N A-- ~1 GULF COAS1 CLECTRIC C' 555_00 45.0( 120.00 90.00 10%~ ~- $ 60.00 8105.00 10% _ R. K. ENC. SER` 6400 42.00 96.00 OF 131.. ANlCr' INC. .COST 150.00 ~ 40.00 20% NAME OF IPL EL COST ,ABO CHARGE ,ION D AY-Fli W ITH TRUCI g 46.00 $ 5750 $ 15.50 AF'TER3:30 SUNDAY & SAT HOLiDA _~ g 69.00 8 92.00 $ 23.25 $ 31.00 15% ~- 400.OO~D?~_ 750.OOIDAY EXHIBIT "B" MAINTENANCE CONTRACT FOR BALL PARK LIGHTING AT VARIOUS BALL PARK FIELDS. THIS AGREEMENT, made this day of March _.2008, by and beriveen the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas. hereinafter called "OWNER" or "CITY".and Walker Electric Company herein acting by and through Calvin Walker hereinafter called "CONTRACTOR". WITNESSETH: That for and in c-onsideration of the payment terms, conditions and agreements set forth herein ,OWNER and CONTRACTOR agree as follows: The term of this Contract shall be from March 11.2008 to March 11.2011. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. Any terms and conditions stated in original specifications will apply to any extended periods. 2. The Contractor will perform Maintenance on the lighting at various ball park fields for the City of Port Arthur as stated in the Contract Documents. During the term of this Contract; the Contractor will furnish at his own expense all of the materials; supplies, tools; equipment, labor and other services necessary to connection therewith; excepting those supplies specifically not required of Contractor in the Specifications. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the price of $60 per hour Journeyman $40 per hour Apprentice $10 % mark up over cost For material. Two Hour Response time 5. The Contractor will commence the work required by the Contract Documents on or before a date to be specified in the "Notice to Proceed". PR 14602 6. The term "Contract. Documents" means and includes the following: A. Agreement B. Advertisement for Bids C. Addenda D. General Information E. Specification F. Bid G. Notice of Award H. Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials; this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of ATTEST ACTNG CITY SECRETARY Signed on the ATTEST BY: BY: 2008 CITY OF PORT ARTHUR STEVE FITZGIBBONS, CITY" MANAGER 2008 WALKER ELECTRIC ELECTRIC CALVIN WALKER, OWNER SECRETARY day of BY PR 14602. Cl1'Y Ot' PORT ARTHUR, Z'EXA:~ BLG PROPOSAL PR.GE PAGE 1 OF 2 ~ARCx(4, 2008 Bidder will furnish all labor and mater.<:is to repair, service oz install eleciricai systems for the Barks and Recreations Department. Tlti ; setti'icc is for balF park fi~:1ds: tennis courts, and outdoor basketball courts at various locations thcouglYC)ut the Cih' of J'ort ,"-. rthur. This is a Ynaintertance contract for (3} three years whereir, the dder will be used ort an ;YS needed basis- Said contract shall be applicable for work deemed sini:ar i1 nature thsz)ugbout r:,e Cityof Pori F,rtlTUr. lr: such case l[t:m 4 (Response Time) wiEl he as oee±ned mu?a13y agreeable by the City and the wntrctor.. ~I! hourly-rates shall he fron _ the t;*.ae t to co '*acto: arrivCS at the. job site um 1 ~:.Ye of completion of work and ieat'es tFie job . ire. AEt travel tk~e is to :;c snetesdeel aat Ettr ttovrty rskce l..abar Charge (M1~Scnday-F:ida.+ ~atrr-Sprn;=. 3aurne}nnan ft.tiACu t1Ce o~ _ ~~Tfourty x; ate per Person rgen ~~fs/ 1$<7uSi v t7 iYie per Pe:at)?t 2.. i,abor ~'harge iA_ftc'r Sptr. Gleeker;ds. ^r Hcaii3a<i~. 04.lCTL~yTnar?. . Aplzrentice ` /~, k„/ _ t3acil i~ T<:te Per i?e, s; ~c: .i. ~iRater12E5 andJOr egtl!Fittl~lt turns` red :;+i i!1~ CftHY`sTa.^-FJr ~ __' uTCf;ttt ld`.rir ~.;.y^, SFtail be b111ed 3t C;65t p[tts. The :f}' v" ! ~t 1rtb~. rfSEr"~c x E r.gF7t te, Cv 'St. cOples of YnVOtCes trpm tFe CAe}tsa ,stir t^r ma?GiFal ..r eUU)y!r .,r(....69i tF' ~t 5 :2! include fresght cost. a Efours 4. C}tt-Site Response Time- ._ j (-touz'y Razes fo= iWlan ` 'tda,yo a . is b, l~6lYIly Rate9 f05' VJ IRCiI .~1l1CkJ~i3ii~l'T: t *'-cK':'viC L;_r~c- _ -iici:. .=~"' ._ _ 7. Renta[ Equipment fumrshed by t~,: contrascor,pw9ith prior ap'-;?rova? by the City of iL ~° Percent "~i:Yrkup Port Arthur shaft be bided 2t cast ~n!us. Q-~~~ G'v'G~~ ~_ ~ !~~ Page 1Z of AG _`- - CITX OF PORT ARTHUR. TFXA.S BIl) PROPOSAL PAGE PAGE 2 OF 2 ~iJaL~t~e~-s L~le~r~c. ~,~ //4 ~Vl~ (J~ COMPANI' NAME STREET A >,+K?jJ, -- - P.O. BOX SIGNATURE OF BIDDER ~ ~~~~~~ CITI' :TATS ;?iP (PRINT OR TYPE NAME) ~~"~1~~ -°- ----- ~` gREA CODE TLLFPNO`~E NG. TITLE i -`+ FMAIr~ pa~,e 1_l of 16 I3iD OPENING DATF:'MARCH 4 2008 Cf C r OP PORT.ARTFILJR IN3~:N:1JCTlONS TO BIDDER Bidders are requested to furnish their complete REMI t TO ADDP.ESS and TAX IDENTIFICATION Iii AMBER as indicated bclo« : REMIT PAXMENT TO: /, COMPANY' ~ ii/~__.G~.~~~ ~-°`-~y~- ~'-~'-`~- - B ~ n AF}llRESS L~ CI"I'YrSTATE%LIP ~>~S~Q'~r~----,-L SEND PURCHr~SG ORS r / ~ ~ ~ - - ~% ~ ,. _ ,. ADUR~SS~ ~__C~1~" ~`___--`~" _ F' ~__._ -7i~ G CIT`C/STATE.!7EP _°_t;~arGl~'^'~ ! _ ~=-- ~l li s- TAX tDENTIFICATIOi~ NUvIBER Pagc 1.4 of {~ AFFIDAVIT -All pages in the offerer's bi 1 proposal containing statn~eny, letters, etc., shall he signed by a duly ;ar.dhotized officer of the com an whose signature is hindins nn the bid proposal. The undersigned offers anct agrees to one of the following= f hereby certify than I. do not have outstanding debts with the Gity of Port AithTn. Further, [.agree to pay s~ cceeding debts as they become d i:-during this agreement. I hereby certify that I do STave outstanding deha with the City of Port Arthur .md agree to pay saki debt= pnor tc executton of this agreement. I further a_r_ree to pay succecdin~ debi_5 as they become due. f hereby certify tha 1 do have outstanding delis with the City of Port Artirul. and agrees to enter into ar: agreemert for. the payment. of Baia debts. I furtl~eztaSgTd apre'anent to pays he debt i=. debts as they bee-o~?te due. M o o ~ payoui_ as delineated in tY<<- attach NAME OF OFFERER: -_- - - ADdRESS OE ~,%~~ 1_ CC'fY!STATF_1ZIP 1 ~~~~ TELEPHONENL7/M/~R ~< SIGNATURE __L~[C`-~ i'- 7 ~~ _~ ~~' r " rZ IT'D SV/CiRN to before me by the a 'ove named - - -. .. .. ~ ~ on this the. --` - day of ~,,~,, I State of Texas ~~ }~~ I I ~ \ ~~-, ~->=~'- N~ i isiAn Expnus h~- MAR< 1 I z1, 2012 I8 !1FI` (DAVIT AS PART OF 1hlE BfD PROPOSAL pa¢e 15 of t(i _.. ~. `ti '{:~+_ ~-.v a... ~ _ _ e .~ a µr~ w_ -W ._ ._ ~ ..~. ~ w u p ; ' { l ~ CONgI,ICT ~O~F !!INTEREST SCAT ~MEN'~, ., ., :. Please delineate all owners zif your company. If you have any convacuial business relationship or family relationship wi~:h any member of the governing body of the City or if you ` ` c~cpect this to occur, pleave so state: ~ -.- / /J n /, n. h e _,~r---T _ _~ y --- __ - -- ; . ///7~~ ~ f ~(~~/ gignature 1 t Page 16 of 16' I, f I _~~ ; i CITY OF PORT ARTHUR ADVERTISEMENT FOR BIDS PARKS & RECREATION MAINTENANCE CONTRACT FOR B.9LL PARK LIGHTIIVGATVARlOUS BALL PARK FIELDS FEBRUARYI9, 2008 FEBRUARY~24, 2008 --- CITY OF PORT Public ~ - ARTHUR, TEXAS NT (~ $9U ADVERTISEME BIDS NO11C2S FOR --_ NOTICE IS HEREBY NOTICE IS HEREBY THAT sealed GIVEN THAT sealed addressed~to the Bids GIVEN addressed to the Bids , ~ Gity of Port Arthur, will be , City ot, Port Arthur, will be received at the Otfice of ived at the Office of -the City Secretary, City rece the City Secretary, City Hall, 444- 4th Street or - Halt, 444- 4th Street or p,O. Box 1089, Port Ar- - - "~ no .. thu4, Texas 77641 3:00 P.M., ' - P.O. Baz 1089, Pod Ar- later than March 4, 2008 and all thur,- Tezas 77641 no 1 later than 3:00 P.M., bids received will thereat- ened and read o b March 4,- 2008 and all t- h ~ p e ter aloud at ~ 3:15 P.M. on erea bids received will t ter be opened and read March 4, 2008 in the Ciry - 5th aloud at 3:15 P.M. on Council Chambers, rt Ar- P March 4 2008 in the City o Floor, City Hail, for certain Council Chambers, 5th thur, Texas ices hriefly described Floor, Ciry Hall, Port Ar- rtain f serv ar ce ihur, Texas as: ~ services briefly descdbed MAINTENANCE CON- as: TRACT FOR BALL MAINTENANCE.CON- - pARK LIGHTING AT TRACT FOR BALL. VARIOUS BALL PARK ~ PARK LIGHTING AT FIELDS ~ VARIOUS BALL PARK NON MANDATORY PRE FIELDS I -BID MEETING IS CHEDULED FOR 9:00 NON MANDATORY PRE , IS ETING S A.M. FEBRUARY 25, -glp ME . SCHEDULED FOR 9:00 2008, AT 7HE RECREA- FEBRUARY 25, ~ q M - 90 ~ N A , . 2008, AT THE RECRF1a 1308 D AT C - TION CENTER LO- AVENUE - CATED AT 1308 9TH .Bids receivedafter clos- AVENUE. lime will be returned- i -` ng unopened.- _ Bids rece~~ will be returned Copies of the Specifics- in9 time unopened. lions and other Contract Documents are on fde in ~1eS ~ the Specifica- the Purchasing Otlice, 4th Sireei, City of 4A bons and other Coritrad a2 oh file in - t - 4 pod Adhur, and are open s Documen - the purchasing Office, for public inspection with- qqq- 4th Street, City of out charge- Pod Adhur, and are open blic inspecfion ~- The Gity of Pad Arthur re- es the right to reject for pu out charge serv any and all bids and to ~ The City of Port Adhur re- waiveinformalities. serves the~dgM ro select anY srd a0' tills and to Joseoh_- Bra ~ waive inlormaTNes: Purchasing Manager h Bmrrs~d oumhasin9 Manager CITY" OF PORT ARTHUR. TEXAS ADDENDUM NO. ONE (1) DATE: FEBRUARY 27; 2005 BID PROPOSAL POR: MAINTENANCE CONTRACT FOR BALL PARK LIGHTING AT `'ARIOUS BALL PARK FIELDS The following clarifications, amendments, deletions, additions, revision andror 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 ofthe original Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBiA~IISSION OF THEIR BID. THE BID BOND OR CASHIER CHECK SHOULD BE FOR $500.00 NOT 5°/n OF AMOUNT BID ~~I~ Clifton Williams Senior Purchasing Assistant •. y) DELORIS"BOBBIE" PRINCE. MAYOR YIICHAEL "SHANE" SINEGAL, MAYOR PRO-TEM COC~CIL MEMBERS: .IACK CH 1TYU Y, JR., CALJONES THGy1A5 J. HE~rDERSON ~1ARTI\ FLOOD .IOHN $E:iRD, JR. RO$ER7 E. WiLUAS1SON W'lLLIE "BAE° LER'IS INVITATION TO BID Vendors: February 26, 2008 STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS .4CT1NG CITY SECRETARI' MARK T SOKOLOw CITY ATTORNEY Sealed Bids, subject to the General Instructions, Conditions and Specifications, as provided will be addressed to the City Secretary of the City of Pott .Arthur, Texas in DUPLICATE. Sealed BIDS- shall be received no later than 3:00 P. M. bIarch Q, 2008 at the City Secretary Office'and all bids received will thereafter be opened and read aloud at 3:15 P. b4. on D4arch 4, "Z008 in the City Counci] Chambers, 5th Floor, ,City Hall, Port Arthur. Texas for the follo~+inv: MAINTENANCE CONTRACT FOR BALL PARK LIGHTING AT VARIOUS BALL PARK FIELDS B[DS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and address in the upper ]eft hand corner of the em'eloPe. FACSIMILE TRANSMITTALS SHALL NOT BE- ACCEPTED. BIDS MUST BE submitted on the Pricing form included for that purpose in this packet and SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT. MARK ENVELOPE: BALL PARK LIGHTING Sealed Bids shall he submitted to: CITY OF POR-I~ ARTHUR CITY SECRETARY P. O. BOX 1039 PORT ARTHUR, TEXAS 77641-1039 ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY-'S OFFICE BEFORE OPENING DATE AND TIME. CITY- OF PORT ARTHUR CITY SECRETARY 444 4TH STREET PORT ARTH UR_ TEXAS 77640 r.0.60X 1059 • DORY AR?HUF1Pffi7~Dfi 7pEA'~1~(Q • 409!983-5115 • rAX 4 091953-8 2 91 Bids received after the closing time specitied will be returned to the bidder unopened. Award ~.vill be Wade as soon as practicable after opening. To obtain information, or if you have any question, please contact Clifton Williams at the City of Port Arthur Purchasing Office, at (409} 983-3160. The City of Port :~rthur reserves the right to reject any or all Bids and to waive infornlalities or defects in bids, or to accept such bids as it shall deem to be in the best interests of the City of Port Arthur. This is a three (3) year contract. the City can terminate this contracC at its convenience which includes, but is not limited to, funding not being available in any budget cycle tivith thirty (30) days written notice. Sincerely; -~,t!~~ r~ ~ Joseph Broussard Purchasing Manager Page 2 of 16 GENERAL INFORNIATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in the Bid or Proposal Specifications listed in this Bid Package. The intent of this [NVITATLON TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS IN DUPLICATE for furnishing: B4AINTENANCE CONTRACT FOR BALL PARK LIGHTING AT VARIOUS BALL PARK FIELDS Bids must be in a sealed envelope addressed to the City Secretary; City of Port Arthur; P. O. Box 1089, Port Arthur. Texas 7764E Bids shall be received no later than 3:00 P. M. March 4, 2008. Bid proposal MUST BL- SIGNED BY THE BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TOT[-IE 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 exception and the City shall hold the bidder responsible to perform in strict accordance with the specifications of [he 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. Bids cannot be altered or amended after submission deadline. Any interlineation. alteration; or erasure made before openinc time must be initialed by the signer of the bid, guaranteeing authenticity. 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 one area or multiple areas, 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 besfinterests of the City. 4. The City has the right to verify the resources"of a company in its ability to complete a project. The City may request a list of employees and equipment within that company assigned to the project. Proof of capacity is the responsibility of the contractor: failure to do so will be grounds for termination of the contract. 5. Award bids to bidders whose principal place of business is in the City of Port Arthur and v.~hose bid is within 5% of the lowest bid price and the City decides that the local bidder offers the City the best combination of contract price and additional economic development opportunities for the City including the employment of residents in the City and increased tax revenues fur the City. Bidders will have to provide documentation as to the status of the entity (dba; corporation, partnership, etc) and provide documentation as to its principal place of business. Page 3 of 16 The award if made, shall be made to the responsible vendor(s) whose bid is determined to be the lowest offer; taking into consideration the relative importance of price; conformance to specifications and capability and experience of the contractor. TERMINOLOGY": "Bid" vs. "Proposal"--For the purpose of this ITB, the [eons "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST. No public official shall vote on this contract in violation of Chapter 171 Local Govermnent Code. 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. MNIMUM 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. Be otherwise qualified and eligible to receive an award. 3. Be engaged in a fiill time business. and can assume liabilities for any performance or warranty service required. 4. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 5. No payments shall be made to any person of public moneys 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- Any interpretations, corrections or changes to the [TB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Senior Purchasing Assistant Addenda will be mailed to all who are known to have received a copy of the ITB. Offerers shall acknowledge receipt of all addenda. BONA FIDE BUSINESS THAT CLATMS THE CITY OF PORT ARTHUR AS ITS PRINCIPAL PLACE- OF BUSINESS: The official business address (office location and office personnel) wall be a Port Arthur address, the principal storage place or facility for the equipr,:en: shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law- PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. ht 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. Page 4 of 16 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Parks Department, P. O. Boz lOS9, Port Arthur, Texas 77641. PAYti1ENT: Pa}nnent will be made upon receipt of two (2) original invoices and verification by a City Environmental Inspector the work has been done properly. SALES TAB: The Ciry 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. VENliE: This agreement will be go~~erned'and construed according to the laws of the State of Texas. This agreement is performable in Pori Arthur, Texas. Venue shall be in Jefferson County. COMPLL~1:'CE ~TJITH LA~~'S: 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 N1Eiv'IBERS OF CCIY": 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 ~+ith the planning and carrying out of the program, shall have any personal financial interest; direct or indirect, in this Contract as provided by Chapter X73 Government Code; and; the Contractor shall take appropriate steps to assure compliance. DF-LI~i liENT PAYI~IEVTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paving money to and 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. CONTRACT: The following will compiise the contract between the City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Award 3 Notice to Proceed 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 puce. 1t is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. page 5 of 16 9II bids will remain in effect for one year. No person has the authority to verbally alter these specifications. Any interpretations; corrections or changes to this ITB and specificatrons will be made in t~mtmg by the Purchasing Division of the City of Port Arthur and sent to each person having a bid package. The vendor must be an authorized dealer for all products offered. The vendor must give the manufacturers name and product description of all items. Inferior products, products which perform at a substandard level, or poor quality products will be rejected. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas 77640 INCORPORATION OF PRO\%ISIONS RFOUIRED BY LAW: Each provision and clause reyuired 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. I£ 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. CONTR_4GTOR'S OBLIGATIOLIS: 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 prewail. 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 deprave the City of Port Arthur the option of selecting goods which maybe considered more suitable for the purpose involved. In the event of conflicts beriveen the written bid proposal and infomration 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 tc discrimination under any program or activity receiving Federal financial assistance. Page 6 of 16 TERMINATION FOR CAUSE If, through any cause, the Contractor shall fai(to~fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the convenants, ` 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 (1 ~) 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 ofset-off until such time as the exact amount of dama~~e5 due the City from the Contractor is determined. TERMLNATION FOR CONVENIEtV'CE 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 ofthe Contractor, the previous paragraph hereof relative to termination shall apply. n E%PERIENCE Sr CAPABILITY: Bidder shall include the followine information to describe the experience and capability factors of the company: 1. Number of years in operation. 2. Similar jobs of this size 3. Number of employees currently employed; their job titles, an_ d their job descriptions. 4. Equipment currently ovtmed or leased by your company. ~. .Be otherwise qualified and eligible to receive an award. RELEASES AND RECEIPTS. 'I`he City of Port Arthur before making payments, may require the Contractor to furnish releases or receipts for any or all persons performing ~+ork 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 ern pcmiit 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 Page 7 of 16 INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise perrnitted by Owner- The Contract shall; at his own expense, purchase; maintain and keep in force insurance that will protect against injury and/or damaaes 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 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 $~OQ000 each person,'$~00,000 per occurrence for contracts of$100;000 or less; or Bodily injury $1,000,000 sin_cle limit per occurrence or $00;000 each person /51;000.000 per occurrence for contracts in excess of $100,000; and, b. Properly Damage $ 100.000 per occurrence reeardless of contract amount; and, c. Minimum ag~egate policy year limit of $1,000,000 for c-ontraets of 5100.000 or less_ e>•, Minimum aggregate policyyear limitof $2,000;000 for contrasts in excess of $ ] 00.000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of 5500,000 per occurrence, for bodily injury and property damage. b- If individual limits are provided, minimum limits are 5300;000 per person, 5500;000 per occurrence for bodily injury and $100.000 per occunence for property damage. Contractor shall cause Contractor's insurance company or insurance aeent to fill in all information required (inchrding 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 pertainirig to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall the completed certificates of insurance with the Owner. None of the provisions in said certiticate 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 Page 8 of 16 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'Aithur 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. CELL PHONE OR PACER 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. COi'~DUCT: The Contractor shall exhibit professional behavior with citizens or employees at all times. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (~%) of the amowrt of the total. bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Poet Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid wiihin thirty (30) days after the date of the opening of the bids, that if a bid is accepted, the bidder will enter into a formal Contract v~-ith the O`rVNER, fumish bonds and insurance as may be required and commence work at the specified time, and that inthe event of the withdrawal of said bid within said period, or the failure to enter into said Contract, fumish `said bonds and insurance and commence work ~iithin the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be retumed; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time spec-ified. Page 9 of 16 MAINTENANCE CONTRACT FOR BALL PARK LIGHTING AT VARIOUS BALL PARK FIELDS THIS AGREEIV'IEN'T, made this day of zoos, by and between the City of Port Arthur; a municipal corporation organized under the laws ~- ofthe State of Texas, hereinafter called "OWNER" or "CITY" and a (n) herein acting by and through Individual, Finn, panncrship or corporation - hereinafter called "CONTRACTOR" lVIT~TE5SETH: That for and in consideration of the payment terms, conditions and agreements set forth herein ,OWNER and CONTRACTOR agree as follows: l . The teen of this Contract shall be from to The City can terminate this contract at its convenience which includes; but is not limited to; funding not being available in any budget cycle with thirty (i0) days written notice. Any temis.and conditions stated in original specifications will apply to any extended periods. 2. The Contractor will perform Maintenance on Ball park Lighting at Various Ball Park Fields for the City of Port Arthur 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, labor and other services necessary to connection therewith, exceptive 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 therein for the price of $ per hour Journeyman $ per hour Apprentice 5. $ %~o markup over cost for material 6. Two Hour Response time Page 10 of 16 7. The Contractor will a~mmence the work required by the Contract Documents on or before a date to be specified in the "Notice to Proceed". 8. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisementfor Bid.ti 3) Addenda 4) Generallnfonnation 5) Specification 6) Bid 7) Notice of Award ' 8) Notice to Proceed 9. This ALn~eement shall be binding upon all parties hereto and theirrespectivehoirs, executors. administrators, successors and assigns. 10. 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 orieinal on the date first above written. Signed on the day of ATTEST C1TY SECRETARY Signed on the _ day of ATTEST 2008 CITY" SECRETARY CITY OF PORT ARTHliR BY COI~'TRACTOR BY 2008 Page 1l of 16 CITY OP PORT ARTHUR, TEXAS BID PROPOSAL PAGE PAGE I OF 2 MARCH 4, ?004 Bidder will furnish all labor and materials to repair, service or~install electrical systems for the Parks and Recreations Department This service is for ball park fields, tennis courts, and outdoor basketball courts at various locations throughout the City of Port Arthur. This is a maintenance contract for (3) three years ~iherein the bidder will be used on an as needed basis. Said contract shall be applicable for work deemed similar in nature throughout the City of Port Arthur. to such case Item a (Response Time) will be as deemed mutally agreeable by the City and the contractor. All hourly rates shall he from the time the contractor arrives at the job site anti] time of completion of work and leaves thejob site. All travel time is to be included in the hourh- rate. ~I. Labor Charge (Monday-'Friday 4am-rpm). Journe}nnan Hourly Rate per Person Apprentice Hourly Rate per Person 2. Labor Charge (After fpm. Weekends, or Holidays). Journeyman Apprentice Hourly Rate per Person Hourly Rate per Person 3. Materials and/or equipment furnished by die contractor Percent tMarkup shall be billed at cost plus. The City of Pori Arthur reserves the right to request copies of invoices from the contractor t2rr material or equipment cost that shall include fi~eight cost. 4. On-Site Response Time. 2 Hours 5. Hourly Rates for Man Lifts/Hydraulic Lifts. 6. Hourly Rates for Winch Truck/Boam Truck/Pole Line Truck. 7. Rental Equipment firrnished by the conh~actor, with prior approval by the City of Port Arthur-shall be billed at cost plus. = Percent Markup Palle 12 of 16 CITY OF PORT ARTHUR. TEXAS BID PROPOSAL PAGE . PAGE 2 OF 2 COMPANY NAivtE STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX ,. (PRINT OR TY"PE NAME) ~ CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. EMA-I L Page 13 of 16 BID OPENING DATE: MARCH 4. 2068 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAY IDENTIFICA"PION NUMBER as indicated below: REMIT PAYMENT' TO: COMPANY .ADDRL-SS CITY'STATElZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITYiSTATE/ZIP TAX IDENTIFICATION NUMBER Page 14 of 16 AFFIDAVIT All pages in the offerer's bid proposal containing statements, letters, etc.; shall be signed by a duly authorized officer of the company, whose signature Ss binding on the bid proposal ' 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. Further, I agree to pay succeeding debt: as they become due during this agreement. 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. Thereby certify thatI do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay ~succeedina debts as they become due. bty proposed agreement to pay the debt is as delineated in the attached proposed payout. NAME OF OFFERL-R: TITLE ADDRESS CITYISTATE/Z[P TELEPHONE NUibtBER SIGNATURE SUBSCRIBED AND SWORN to before me by the above named on this the day of , ~0 Notary Public in and for the State of RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page i5 of 16 CONFLICT OF INTEREST STATEMENT Please delineate all owners of your company. If you have any contractual business relationship or family relationship with any member of the governing body of the City or if you expect this to occur, please so state: Signature Page 16 of 16