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Home My WebLink AboutPR 14564: STARCO SOLUTIONS & SKR CONSTRUCTION - REHABILITATION CONTRACTS~Vlemo To: Steve Fibgibbons, City Manager From: Da/e Watson, Director, P/arming & Grants Management ~'{.v"/ Date: March 18, 2008 Re: P.R. 14564 RECOMMENDATION: The Housing Assistance Division recommends City Council adopt Proposed Resolution 14564 authorizing the award of bids and contracts for the rehabilitation of three (3) houses to Starco Solutions, LLC in the amount of $103,462 and one (1) house to SKR Construction in the amount of $38,365 for a grand total amount of $141,827, upon the approval of the Texas Department of Housing and Community Affairs. BACKGROUND: The City of Port Arthur is implementing a Community Development Block Grant (CDBG) Disaster Recovery Program that is governed Texas Department of Housing and Community Affairs, (TDHCA). The CDBG Disaster Recovery Program is designed to provide assistance to persons and families who are at 80% of the Median Family Area Income and below with unmet housing needs resulting from Hurricane Rita, eliminate safety and health hazards resulting from Hurricane Rita in eligible homes and communities and preserve and improve the community's housing stock. The homeowners will also enter into agreements with the contractor to allow entry onto their properly for the rehabilitation and allowing the City of Port Arthur Housing Assistance Programs to act as an agent pursuant to the Community Development Block Grant and HOME Program Guidelines. The Purchasing Division advertised in the Port Arthur News on December 23, 2007 and December 30; 2007 and the bids were opened Janurary 9, 2008. Bids were mailed to twenty (20) general contractors with five general contractors responding. BUDGETARY/FISCAL EFFECT: Texas Department of Housing and Community Affairs CDBG Disaster Recovery Program will provide funding. STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering the.contracts. SUMMARY: The Housing Assistance Division recommends City Council adopt Proposed Resolution 14564 authorizing the award of bids and contracts for the rehabilitation of three (3) houses to Starco Solutions, LLC in the amount of $103,462 and one (1) house to SKR Construction in the amount of $38,365 for a total amount of $141,827, upon the approval of the Texas Department. of Housing and Community Affairs. PR 14564 P. R. 14564 3/18/08 DW RESOLUTION NUMBER A RESOLUTION APPROVING THE AWARD OF CONTRACTS FOR THE REHABILITATION OF THREE (3)HOUSES TO STARCO SOLUTIONS, LLC IN THE AMOUNT OF $103,462 AND ONE (1) HOUSE TO SKR CONSTRUCTION IN THE AMOUNT OF $38,365 FOR A GRAND TOTAL_ OF FOUR (4) HOUSES AT THE COST OF $141,827. WHEREAS, U.S. Department of HUD approved the State of Texas' Action Plan for Disaster Recovery that describes the proposed use of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding associated with the Department. of Defense Appropriations Act, 2006 for disaster relief of unmet housing and infrastructure needs resulting from Hurricane Rita in the most impacted and distressed areas of Texas; and WHEREAS, the Purchasing Division advertised six (6) homes for rehabilitation in the Port Arthur News December 23, 2007 and December 30, 2007 and bids were opened January 30, 2008; and ~ WHEREAS, one (1) house located at 2119 Canal Street withdrew from the program and one (1) house located at 2549 11"' Street converted to a reconstruction activity; and. WHEREAS, the remaining four (4) houses were determined to need rehabilitating; and WHEREAS, Starco Solutions, LLC was the lowest and most responsible bidder for three (3) houses located at 3510 11`h Street, 2331 11"' Street, and 1237 19"' Street, for a total cost of a $103,462 and SKR Construction was the lowest most responsible bidder for PR 14564 one (1) house located at 1819 19th Street in the amount df $38,365 as delineated. in Exhibit "A"; and WHEREAS, once the contractor commences construction on any particular house, it must be completed within 60 working days. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF PORT ARTHUR: Section 1. That the City Council authorizes the City Manager to enter into a contract for the rehabilitation of four (4) houses pursuant to the Community Development Block Grant Disaster Recovery Program, upon the approval of Texas Department of Housing and Community Affairs, with Starco Solutions, LLC and SKR Construction. Section 2. That the Housing Programs Administrator of the City of Port Arthur, is hereby authorized to approve the award of the following-three (3) contracts to Starco Solutions, LLC in the amount of $103,462 and one (1) contract to SKR in the amount of $38,365 for a grand total of $141,827, (a copy of the bid tabulation is attached as hereto as Exhibit "A" and a copy of said contracts is attached as Exhibit"B", and "C"). Section 3. That the agreements with the homeowners are approved in substantially the same form is attached hereto as Exhibit "D-1", "D-2 and "D-3", and "D-4". Section 4. That a copy of the caption of this Resolution be spread upon the Minutes cf the City Council. READ, ADOPTED AND APPROVED this day of MRRCµ A.D., 2008 at a Regular Meeting of the City Council of the. City of Port Arthur, FR 14564 Texas by the following vote: AYES: Mayor COUNCILMEMBERS MAYOR ATTEST: ACTING CITY SECRETARY APPROVED//FOR FORM: ~~l' ` CITY ATTORN Y ~ , .1 ~~~, ~, ri,~ ~~ 1 APPROVED FOR ADMINISTRATION: CITY MANAGER ~~ ~ DALE WATSON, DEPARTMENT DIRECTOR APPROVED FOR AVAILABILITY OF FUNDS: ~~_ ~ , , ~~ DIRECTOR OF FINANCE' PR -14564 EXHIBIT ~~A" PR 14564 E%flIBIT "A" CITY OF PORT ARTIIUR,'I'EXAS BID SHEET DESCRIPTION: COMMUNITY llEVELOPMEN'1' BLOCK GRANT DISASTER RECOVERY PROGRAM FOR REHABILITATION OF FOUR HOMES DATE: JANUARY 30, 2008 NAME OF'BIDDER NAME OF BIDDER NAME OF BIDDER STARCO SOLUTIONS STONEWA'1'ER INC SKR CONSTRUCTION LLC ITEM UOM ITEM COST COST COST 1 EA 3510 11T" STREET $ 39,800.00 $ 55,=80.00 $ 45,475.00 2 EA 2331 1 I ~" STREET $ 34,665.00 $492,621.00 5 36,950.00 3 EA 1819 19~" STREET $ 44,600.00 NO BID $ 38,365.00 4 EA 1237 19TH{ STREET $ 28,997.00 NO BID $`32,950.00 BID BOND OR _ $.2,777.95 CASHIER CHECK $ 9,090.00 $ 2,907.15 57,687.00 LOCATION BEAUMONT TX PORT NECHES TX PORT ARTHUR TX Pale 1 u~f 2 E%HIBIT "A" NAME OP BIDDER NAME OF B119llER NAME OF BIDDER PICK TWO I2UMM CONTRACTORS CONSTRUCTION ITEM UOh1 ITEM COST COST COST I EA . 3510 11TH STREET $ 45,950.00 NO BID 2 EA ~ X 2331 11 ~" STREET $41;025.00 NO BID 3 EA 1819 19TH STREET NO BID $ 43,929.00 4 EA 1237 19'" STREET $ 48,610,00 $ 34,805.00 BID BOND OR NO BID BOND OR S 2,196.45 CASHIER CHECK CASHIER CHECK $ 1,740?5 LOCATION PORT ARTHUR TX NEDERLAND TX ~.:~ge 2 of 2 EXHIBIT ~~B" PR 14564 Exhibit "B" CONTRACT FOR THE REHABILITATION OF THREE (3} PROPERTIES CDBG Disaster Recovery Program THIS AGREEMENT, made this day of , 2008, between the City of Port Arthur, herein referenced to as the "CITY" and Starco Solutions; LLC, herein ailing. by - _ _ _. _ and through Syed Mhiuddin ,hereinafter referencedto as "CONTRACTOR". - . - IN WITNESS WHEREOF, that for and in consideration of payments, terms and conditions set forth herein, the City and the Contractor agree to the following: 1. The Contractor will provide rehabilitation of the following three (3) houses: 3510 11 T" St. 2331 11 "' St. 1237 19"' St. 2. Contractor agrees to perform all the work described in the specifications and contract documents and comply with the terms herein-for the sum of 103.462: 3. The term "Contract Documents" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Addendums (D) General Information (E) Specifications -due to the volume of the specifications for these Rehabilitation Projects, the specs will be made available in the City Secretary's Office (F) BID (G) BID BOND (H) NOTICE OF AWARD 4. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools equipment, labor, qualified supervision and other services necessary for satisfactory completion of specifications and agreements. 5. The Contractor agrees to indemnify the City and hold harmless the City of Port Arthur and its officers, agents, employees or assigns from any and all liability, PR 14564 including claims, causes df action, and damages to property arising out of or in connection with the work done by the Contractor under terms of this contract. 6. The term of this Contract shall be from to Contractor agrees that three (3) houses must be completed within sixty days of the 7. It is expressly understood that, the Contractor waives any and all claims against _ the City of Porf Arthur, its agents, employees and assigns for any charges to the - contractor, or damages caused by the contractor or to any party arising out of this contract. 8. IN WITNESS WHEREOF, parties hereto have executed or caused to be executed this agreement in duplicate originals. Signed and agreed to on the day of , 2008. City of Port Arthur CONTRACTOR Signature Printed Name Title Signature Printed Name Title PR 14564 CITY OF PORT ARTHUR ADVERTISEMENT FOR BIDS COMMUNITY DEVELOPMENT RECOVERY PROGRAMFOR REHABILITATION OF 6 HOUSES DECEMBER30, 2007 DECEArIBER 23, 2007 cIn of PDRT ARTHUR, TEXAS ADVERTISEMENT -__ CITY OF PORT FOR BIDS ARTHUR, TEXAS ADVERTISEMENT NOTICE IS HEREBY FOR BIDS GIVEN THAT sealed addressed to the NOTICE IS HEREBY ~ ~ Bids, City of Port Arthur, will he of d at the OHic i GIVEN THAT sealed h C ve rece the City Secretary. Y e Bids, addressed to t of Pon Arthur, will be Cit Hall 444- 4th SP ~ Arr y eceived a[ the Office of ort P.O. Box 1089, r the City Secretary, City thur, Texas 77641 no than 3:00 P.M., Hall 444- 41h Street or Pon Ar- ~ Box 1089 O P later January 9, 2008, and all t , . . thur, .Texas 77641 no P M - bids received will.therea be opened and read t . .. later than 3:00 January 9. 2008,_ and all er aloud at 3:15 P.M. on in the 2008 bids received will thereat- , January 9, Councl Chambers, ter be opened and read on M P amity ith Floor, Gity Hall, Pan - . . aloud at 3:15 January 9, 2006, in the Arthur, Texas for cenain ices briefly described City Council Chambers, erv City Hall, Pon 5th Floor - s: , Anhur, Texas for certain services hriefly described COMMUNITY )EVELOPMENT BLOCK I as: GRANT DISASTER COMMUNfTy K RECOVERY PROGRAM FOR REHABILRATION DEVELOPMENT BLOC - _ WING OF TH GRANT DISASTER HOUSES RECOVERY PROGRAM 12119 CANAL STREET FOR REHABILITATION 2 3510 11TH STREET OF THE FOLLOWING ~ 2549 11TH STREET 3 HOUSES ~ . 2331 11TH STREE7 q 1.2119 CANAL STREET EET'/ . 1819 19TH STREET 5 2. 3510 11TH STR ~ . 1237 19TH STREET 6 3.2549 11TH STREET 233111TH STREET/, 4 ~ . MANDATORY PRE-BID ED~ . ~ 5. 1819 19TH STREET' / MEETING IS SCH OR 9 6. 1237 19TH STREET ULED F 2 OB AT JANUARY 3, MANDATORY PRE-BID Cln HALL, 2ND FLOOR ROOM MEETIPIG IS SCHED- M A , - CONFERENCE OCATED AT 444 4TH . . ULED FOR 9:30 L JANUARY 3, 2008 AT 1 STREET CITY HALL, 2ND FLOOR CONFEFEIJCE ROOM, - Blds received after clos- LOCATED AT 444 4TH - ing time will be returned STREET .unopened. - ~ -Bids received after clos- Copies d the Specitica- nd other Contract ing time will be returned lions a ents are on file in unopened- I Docum the Purhasing Office, Copies of the Specifica- ~ 444- 4th Street, City of and are oPan Anhur ticns and cUier Conlrzct l i , pon blic inspection with- n e Documents are on fi for pu the Purchasing Otice, -out charge. 444- 4th Slreet, Cily of Pon Arthur, and are open ith ~ The City of Pon Anhur re- the right to reject - for puhlic inspection w serves and all bids and to out charge. any waive informalities. The City of Port Arthur re- serves the right to reject a Broussard. any and all bids and to purchasing Manager waive informalities. ~ -- Joseph Broussard PurchasingManager CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBI` G1V EN 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 (089. Port Arthur, "Texas 77641 no later than 3:00 P. M., January 9, 2008. and all bids received will thereafter be opened and read aloud at 3:1~ P. M. on January 9, ?008, in the Citv Council Chambers. 5th Floor. City Hall, Port Arthur. Texas for certain services briefly described as: CONI~9LtNITY DEVELOPMENT BLOCI: GRANT DISASTER RECOVERY PROGRA~'1 FOR REHAI3[LI"G4TION OF THE FOLLO«'ING HOUSES 1. 2ll9 CANAL STREET 2. 3510 11T" STREET 3. 2549 11T" STREET , d. 2331 17T~~ STREE 5. 181919T" STREET 6. 1237 19~" STREET MANDATORY PRE-BID T~~IEETING IS SCHEDULED FOR 9:30 A. M. JANUARY '> ?008 AT CITY' HALL ."n FLOUR CONFERENCE ROOM. LOCATED AT 444 4TH STREET Bids received after closing time will be returned unopened. Copies of the Suecifications 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. The City of Port Arthur reserves the right to reject any and all bids and to ~t~aive informalities. Joseph Broussard Purchasing Manager FIRST PUBI.ICAT[ON: DECED~IBER 23; 2007 SECOND PUBLICATION: DECEMBER 30, 2007 C1TY OF PORT ARTHUR, TEXAS "ADDENDUM NO. ONE (1) DAT E~. DECEMBER 27, 2007 B1D PROPOSAL FOR: CO>V M1ttiNITI DGVELOP~tENT BLOCK GRANT DISASTER RECOVERY PROGR~~t"t/ FOR REHABILI`I'AT[ON OF 2119 CANAL STREE"l',3510 1IT'' S'fREE'r,2549 l IT't S`CREE'C,2331 11T't STREE,1S19 t9T" STREET, AND 123719T" STREET The following clarifications, amendments, deletions, additions, revision and`or modifications are made a hart of the Contract Documents and chance the original documents only in the manner and to the extent hereinafter stated and shall he incorporated in [he 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 Tf[6 SUBM[SSION OP THEIR BID. 1. MANDATORY PRE-B1D \~tEF,TING IS SCHEDULED FOR 9:30 A. f,1. J,\NUARY 3, X008 AT C[TY EI:\LL ZOO FLOOR COVPF.R1;i1CE ROOtvf LOCA'7"ED AT 444 4TI1 STREET 2. ROOFS MUST HAVE WINDSTORM CERTIFICATION i n ~ ,7 Clifton Williams Senior Purchasing Assistant Page I of I CITY OF PORT ARTHUR, TEXAS DATE: JANUARY' 8, 2008 BID PROPOSAL COQ ~Rl PROGRAM OR 12EHABILITABION OFGR~NT DISASTER RE 2549 11T" STREET,2331 11T" 2119 CANAL STKEET,3510 lla" STREET, STREE,181919T" STREET, AND 1237 19T" STREET The follow'inS cl e Controct Documentsrand cha cestl cdoriginal documents onlvnodihe maoneare made a part of th and to the extent hereinafter stated and shall be mcoiporated in the Contract Documents. Pro~~isions of this addendum shall take prUESTED TOrACKNOWI-EDGE SAIDlPROV'ISIONS Documents and all BIDDERS ARL- REQ IN THE SUBMISSION OF THEIR BID. I. THL BID OPENING D ATE HAS ChL4NGED TO JANUARY 23; 2008 ^~d9 1 l~" STRF,ET FROM YOUR BID ?. DELETE ,= ;. THE CITY' \\'ILL HAUL- ANOTHER NIANDt\"TORY' PRE-BID ~'IL-ETING A 9:30 A. M ON J,4NUARY 10. MOOS AT Cl'fY HALL 2` FLOOR ANNEX CONFL=RENC'E ROO~4 LOCr\TFD AT =4~I4 4~" STREE=T. 4. CONTRACT ORSTH.AT-ATTENDED THEIs'MANDATORYPRE-BID DON'T t{AVE TO ATTEND TITE \1ANDAT"ORY PRC-BID ON JANUARY l L 2008 1, ~t ~ - Clifton Williams Senior Pwchasine Assistant. CITY OF PORT ARTHUR, TEXAS ADDENDUM N0. THREE (3) DATE: JANUARY 9, 2003 BiD PROPOSAL FoR: CONIMLNITY DEVELOPI\~IENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR REHABILITATION OF 2119 CAI~tAL STREET,3510 11T" STREET,233I llT" STREE,181919T" STREET, AND ]237 19r" STREET The following clarifications, amendments, deletions, additions. revision and/or modifications are made a part of the Contract Documents and change the original docmnents only in the manner and to the extent hereinafrer 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 RLQUESl ED TO .~CKNO\\`LEDGL- St\ID PROVISIONS N THE SUBMISSION OE THEIR BID. L PAGE 23 #l3 CERAM[C TILE REPAIK -POSSIBLE REPAIRS TO ENTIRE FLOOR AFTER THE RE-LEV E1,ING. CHANGE TO 100.00 SF' 2. PAGE 29 #1 ~ RE1v10~'L- ACOUSTIC T1LE CEILINGiNSTALL DRY"\VALL CEILING AND WALLS. CHANGE TO 40.00 SE 3. PAGE 30 #13 REGLUE \V~ALLPAT'ER SLAMS/POSSIBLE DRl"Wr\LL REPAIRS AFTER RE-LEVELING. CHANGE TO 200.00 SF 4. ATTACHED ARE ADDITIONAL SPECIFICATIONS FOR 1237 19"s STREL~C BATHROOM. NUMBERS 43-51. 5. ATTACHED IS THE CORRECTED BID PROPOSAL PAGE ;~ Clifton Williams Senior Purchasing Assistant CLTY OF PORT ARTHUR, TEXAS ADDF.NDUNt ti0. FOUR (4) DATE: JANU,4RY 9, 2005 B1D PROPOSAL FOR: COM~'IUNITY DEYELOPME.i~T BLOCK GRA\'T DISASTER RECOVERI' PROGR:1iVI I'OR REFIABILITATION OF . 21.19 CAiVAL STR.EET,3510 11T" STREET, 2331 I}r" STREET, 1819 19T" STREET, AND 123?.I9"' STRL,E'r The following clarillcations, zmendments, deletions, additions, revision and!or moditlcations are made a part of the Contract Documents and. change tnc original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the ~Contract.Dacuments. Provisions of this addendum shall fake precedence over requirements of the original Contract Documents and all 6lDDERS :ARE P.EQUESTLD TO ACKN031'LEDGE SAID PROVISIONS INTHF. SUB;A4[SSION OF THEIR BID. I_ PAGE 88 k4 CH:WGE'CO REP.~IR TONGUE ~ GROOVE FLOOR. INSTALL V[NYL FLOOR[NG. 25.33 SY' 2. DELETE 2119 CANAL STREET 3- ATTACHED AR6 THE SPEC[F'lCA'PIONS FOR 233] EAST 1iTH STREET titASTER BEDROO~~i, BEDROORI n2. AND BATHROOM 4. THE BID OPENING DATC HAS BEEN CHANGED TO 1ANAliRY 30, 2005 } ~~~ % 9~ , Clifton \Villiams Senior Purchasing Assistant CITY OF PORT ARTHUR GENERAL5PECIFICATIONS GENERAL INFORMATION: NOTE: [t is extremely important that the ~-endor, 6iddcr, andlor Contractor furnish-the Citv of Port Arthur the required information specified in the Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITAT[ON TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS N DUPLICATE for furnishing: COD~INIUNITY DEV"ELOPMIENT BLOCK CRANT DISASTER RECOV""FRY" PROGRAM[ FOR REHABILITATION OF SIX HOMES Bids must be in a sealed envelope addressed to the City Secretary; City of Port Arthur. P. O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P. M. January 9, 2008. Bid proposal MUST BE SIGNED BY THE BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICAT[ONS, OR OFFERING SUBSTITUTIONS, SHALL ST.ATL- THESE EXCEPTIONS BY ATTACHNtENT AS PART OP T}.IE-BID. The absence of such a list shall indicate that t]Ze bidder has not taken exception and the Cite shad hold the bidder responsible to perform in strict accordance with-the specifications of the invitation. The City resen°es 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 opening time must be initiated by the signer of the bid. guaranteeing authenticity. The City reserves the right to: L 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. ,. Reject any or all bids and to waive informalities or defects in bids, or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5°ro of the lowest bid price. This preference can't be granted for purchases involving Federal Funds. The award shall be made to the responsible vendor(s) whose bid is detennincd 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"--Por the purpose of this [TB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the infonuation 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 have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title ~, Subtitle C, Chapter 171. 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 RESPONSIBLEPROSPECTIVEBIDDERS: Aprospective kidder must affirmatively demonstrate bidder's responsibilih~. Aprospective 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 arears in its obligations to the City. 7. No pa}nnents shall be made to anv 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 Cih~, or has made satisfactory arrangements to pay'the same. Any interpretations, corrections or changes to the 1TB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port A~9mr Purchasing Manager. Addenda will be mailed to all who are knor~m to have received a copy of the ITB. Offerers shall acknowledge receipt of all addenda. PRICES: The bidder should show in the proposal both the unit price and total.amount, ~+'here required; of tack ite~ii listed. In the event of error or discrepancy in the mathematics, the-amt price shall prevail. PURCHASE ORDL-R: A purchase ordeds)shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. IN~~OICES: All invoices steal be mated directly to the City of Port Arthur, Attn.: Housing Dept; P. O. Box 1039, 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. 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 law's 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 C[TY": No member of the governing body of the City, and no other officer, employee or agent of the City w"ho 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 CIT 1': The City of Port Arthur Code of Ordinances . prohibits the City from granting any license, privilege or paying money to anyone owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory anangements for pa}~nent has been made. Bidders must complete and sign the AFFIDAVIT included as part of thislTB. CONTRACT: The following ~s~ill comprise the contract behveen the City and the successfitl bidder: l . Inforration for Bidders 2. Bid Sheet 3. Notice. of .Awards 4. Specifications 5. Addenda QUANTiT[L-S: Quantities sh~nvn are estimated, based on projected use. [t is specifically understood and agreed that tliese~ quantities are approximate and any additional quantifies will be paid for at the quoted price. [t is further understood that the supplier shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. All bids will remain in effect for one year after the bid opening date. If through any cause the Bidder fails to fulfill in a timely and proper manner, his obligations under this Contract; or tails to perform in accordance ~s~ith these specifications; the City reserves the right to terminate this Conaact by giving written notice to the Bidder of such tennmahon and specifying the effective date thereof, at least fifteen (15) days before the effective dale of such termination. No person has the authority to verbally alter these specifications_ Any interpretations, corrections or changes to this 1TB and spccificattons will be modern wrfing 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 rejc clcd'. ~. SHIPPING INFORMATION: All bids are to be F.O.B:, City of Port Arthur; Port Arthur, Texas 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 inseRed 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 mamrer, perform all work and fi~rish all supplies and materials, machinery, equipment; facilities and means; except as herein otherwise e.~pressly specified, necessar}' 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 rt or a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail All interpretations of these specifications shall be made on the basis of statement. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,. construction, and other details, its use rs not intended to deprive the City of Port Arthur the option of selective goods which may be considered most suitable for the purpose invoh-ed. 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 iii the determination of the suctessiul bidder. Under the Title VL 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. Questions concerning this ITB or additional information should he directed to Beverly Freeman at409-983-8259. 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 t}ie Contractor shall violate any of the convenants; agreements or stipulations of this contract, the City shall thereupon have the right to temmmate 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 damages due the City from the Contractor is determined. If the Contractor is unable to complete the work in a timely manner, the City also reserves the right to utilize another vendor to complete the work and charge the- Contractor for the extra costs. 1'GRM[NATION FOR CON~'ENIFNCE The City may terminate this contract at any time giving at least thirty (30) days nonce in writing to the Contractor. If the Contract is terminated by the City as provided herein; the Contractor will be paid fur the work 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 termnation shall apply. INSPECTIONS Unscheduled job-site inspections will be performed by the City of Port Arthur Housing Department Representative. Failure to abide by the City's specifications msill be grounds for termination of the contract E~PERTENCE & CAPABLLITY: Bidder shall include the following information to describe the experience and capability factors of the company l . Number of years in operation. 2. Largest area mowed currently in effect with a business. 3. Number of employees currently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by }rout company. ~. Be other+~ise qualified and eligible to receive an award. 6. Other major companies or areas that it has contracted to mow. 7. If a company wants to Rehab more than three (3j houses of the City, the company must show that it lias the equipment and employees to handle more than three houses_ 3. F_xisting mowing schedule for your existing contracts and your proposed mowing schedule for all of the areas that you bid based on the expected volume of cutting in these areas. 9. if you plan to expand your emmployees and your eyuipment to handle the areas to be bid, please provide information indicating your capabilities to maintain those areas. RELEASES AND RECELPTS. The City of Port Arthur before making payments, tray 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'fhe 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 finafi acceptance by the City.. ~ Sti6-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 [~IS,_ USE 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 wider this contract, ~t~hether the operations be by himself or by any subcontractor or by anyone directly or indirecfly employed by any of them; or by anyone for whose acts any of them may be liable; of the following types and limas L 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 personl$500;00~ per occurrence fbr contracts of $100,000 or less; or Bodily injury $1,000;000 single lumt per occunence or 5500,000 each person /$1.000,000 per occur once foF contracts m excess of $100.000; and; b'. Property Damage $100,000 per occurrence regardless of contract amount; and; a 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~nsurance (Including owned, non-owned and hired vehicles coverage's).,. a_ A4inimmn 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 occunence for bodily injury and $100,000 per occurrence for property damage.. Contractor shall cause Contractor's insurance company or insurance agent to fill Cn 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 Fornr should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (I ~) 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 [NSLIRANCE 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. 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, 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 ~a:ithin 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 O\\~IVER, furnish bonds and insurance as may be required and commence work at the specified time, and that i^ 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 O\V'NER for the difference behveen 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 returned; that of the successful ,Bidder he 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 OWNER and famish 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 OWNER, within said period, of reasons which the sole discretion of the OIVNER, justify an extension. Lf said Contract, bonds and insurance Documents are not received by the Ob\'NER within said period or if «°ork has not been commenced within the time specified, the OWNER 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 OWNER~os and~Bidder shall 1 able to tl eeCity guarantee shall be forfeited to the CIT T as liquidated damns for an additional amount of five percent (~°,-'o) of the bid amount as liquidated damages without limitation. The OWNER, 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 OWNER not execute the Contract within such period, the Bidder may, by written Notice to OV/NER, withdraw his signed Agreement E30NDS [f the Contract exceeds Fitty l~housand Dollars (550,000.00), Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100°/0) of the Contract price with corporate surety duly authorized to do business in the State ofTexas. Attorneys-in-fact who sien Bonds must file with each bond a certified and effectrvz date copy of their Power of Attorney.. NOTTCE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract ~erOd; tltl eRime m~a~ be extended by mutual agreeuinr»t behveeneOWNER andsCONTRACTOR [f Notice JOS EYAIV9INATION Bidder should be careful examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid the CONTRACTOR ackno~eledges that 6e or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access~o charactercand or other utilities otherwise affect performance of required achvrtres; (b) quantity of all surface materials or obstacle's : to be encountered in so far as this information rs reasonably ascertainable from inspection of the site, inchiding exploratory ~+-ork done by the OWI~'E-R or a designated consultant Failure to do all of the above will not relieve a successful Bidder of the obligation to famish all material and labor necessary to carry out provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in Che bid. Any information sho~m in the Specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered. approximate and does not relieve the Bidder of the responsibility for its verification. OWNER is not responsible foe any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfmlly performing the work. The 0~~~-NER ~is ^otresponsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the infonnatron made available by the OWNER. In confonnit_y with applicable statutes, the-0WNER has adopted a labor classification and a minimum yy'age scale, which is included following the Specifications. SAL;ES'CA`i This Contract is issued by an organization which qualities for exemption pursuant to the provisions of Section 151309 of the Texas Limited Sales, Excise and Use Tax Act as codified inChapter 151kof the'Texas Tax Code. The CONTRACTOR'S attention its directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and. Llse Tax rules and regulations Rulings regarding repairmen and Contractors Reference: Section 1 ~ 1.056 Texas Tax Code which, upon compliance with certain conditions, pro~~ides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization; and House Bill 1 I amendments to Section t ~ L311 of the Tax Code (Vernon Supp. 1997.) as they relate to separated contracts bids .in order for non-consumable materials and equipment to qualify for resale to the City and be exempt from sales tax. Any bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill labor and consumable materials, tools and equipment which are not permanently incorporated into the project This statement shall Uc included in and made part of the Contract CONTRACTOR' S are required to have a sales tax permit issued by the Comptroller of file State of Texas i n order to qualify under the exemption provisions and the separated contract The City will issue a specific exemption certificate. for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City project. The CONTRACTOR performance this Contract must issue [o his suppliers an exemption certificate in lieu of the tax; said exemption certificate complying with all applicable e State Comptrollers rulings, along with a copy of the certificate issued to him by the City_ The OWNER will make no further allowance for and ~~~ill make no price adjustment abo~°e or belo~a~ the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility; if C.ONTRaCTOR has elected to exclude file sales tax fiom the bid. to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the T exas Limited Sales; Excise and Use Tax ~~-hieh may now or at anY time during the performance of this Contract be in effect, andthe OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or rile OWN'ER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the 'CONTRACTOR. Bidders are cautioned that materials which; are not permanently incorporated into the work (Example: Fuel, lubricants, tools, funning materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non-consumable Materials and Equipment". FINANCIAL STATGbIENT AND E\PERILNCE RECORD The Bidder will upon reyuest by the OWNER, famish such information and data as ObVNER may request to determine ability of the Bidder to perfom~ the work without limitation, a list of all jobs completed in the IasL2& months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRAC"fOR. iNTERPRGTATION OF PLANS AND SPGCIIiICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer no later than 96 hours before the bid opening Answers to all such requests will be given in writing to all qualified Bidders in Addendum fonll, and. all addenda will . be bound and made a part of the Contract. Docunents. No other explanation or interpretation will be considered official or binding. Should a Bidder End discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning; the bidder should no later than 96 hours prior Co the bid opening, notify the Architect/Engineer m order that a written Addendum; if necessary, may be sent to all Bidders-prior to submission: of the bids. Failure to request such clarification its a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. ~ AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will bid The nghhesbreserved to~eject anaor all ProposalsOand toRvaovestecluugalldcfectenas~l ehe interest of the OWNL-R may require. A Bidder may withdraw his Proposal lieforethe expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. TIME OF CONFECTION Attention is directed to the requirement that each Bidder specify in his Proposal the time ~a-hich he will agree to complete the work. The time required for completion of the work will be a mustatate~ti~melin consecutivetcalendarldavs-emcludingabnt ~o~t,Ilienl d1il~ alleSaturday~Sunday and Federal, State and City holidays. ~ ~ ~ SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quahty or perfonnanc-e, and to establish an equal basis for the evaluation ofbids. LA\~'S AIL applicable laws, ordinances and the rules and regulations of all authorities having. jurisdiction over construction of the pro_leet shall apply to the Contract throughout. FQUAC OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 1 1246, as amended; including specifically the provisions of the equal opportunity clause set forth in the Generale Conditions. ITEM E TO THE CONTRACT (SPECIFICATIONS) DUE TO THE LARGE VOLUME OF THE SPECIFICATIONS FOR THE REHABILITATION- PROJECT, THIS PORTION OF THE CONTRACT WELL BE MADE AVAILABLE IN THE CITY SECRETARY'S OFFICE. Page 111 of 115 CITY OF PORT ARTHUR BID PROPOSAL PAGE l OF 2 DATE: JANUARY 9. 2008 Bid Proposal For: COtii,NIUNiTY DF.VELOPiVIENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR REHAB[LITATION OG SIX HOMES The undersigned ST+~RCO ~UT1oNS LLC ,doing business in the City/Town of [~, pt smn>v; f Poa i -PQi t~~i submits herewith; in conformity kith the Genera] Instructions, Conditions; and Specifications for the following Bid: OUTLINE O.F BID DATA: DESCRIPTION # OF D;~YS TnTai. r~~T 2119 CANAL STREET ~ b ~ 33 3. - So 3d 10 1 1 r" STREET E,b $ 3~ I I ~ 2~i1 l1T"STREET - ~t~ S ELI abS.~O 181919T" STREF,T - (~' b S u 4 ~ ~ ~. tp i 7237 19r" STREET ~ .6b $ 2~ `~! 9 `~ • LR9 Receipt of addenda is acknowled,ed: _ No. 1 Dated I2_'~'} _ p`} Received No. 2 Dated pI _ e~_ ~_ Received No. 3 Dated _ 0 t _ p ~ . o~ Recei ded p ~ _ p ni , O~ _ ~~• ~l Da~e~ EI- Oal - ~ Qeee;~ed O 1 - ~2- O~ SIGNATURE OF BIDDER DATE ~- Page 112 of 115 CITY OF PORT ARTHUR BID PROPOSAL PAGE 2 OF 2 SIGNATURE OF BIDDER tn1--3 0 - o~ DATE ST/~-tZ~ o ~ u ~uT i o ni S t t ~ 2"x-1 O ~8 t, ; !~ l t ~ ~} c-rs~=_ ~ COMPANY NAN[E STREET ADDRESS tkt(3 ~ 7 s -~- SIGNATURE OF BIDDER PO. BOX SyEn M Mot~fuOh,N 2>>=A-UMon~i IX `l"~'~1 (PRINT OR TYPE NAME) CITY" STATE ZIP ~~• CTt~e-(~~~w5. UO~i- Si-to-S~0~1 T[T~ AREA CODE TELEPHONE NO. Page 113 of 115 BID OPENING DATE: IANAURY 9 2005 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to famish their complete RE;~fIT TO ADDRESS and TAX 1DENTTFICATION NUMBER as indicated below: REMIT PAYMENT TO_ COMPANY ~'['p~2C__g_ S~~ i t 0~1c 1- t-~- ADDRESS 2'}~~ S •~i t.!~ ~ ~^re- ~~ C1TY.iSTATE/ZIP d f ~.c,~utaw~ ~ `4'~ko 4 SEND PURCHASE ORDER TO: COMPANY ST'P-r2t`r co+ i,`+ +o ~~c L~ c. ADDRESS 2~ i) S 41 1 Li ~I. ~~~ C'ITYiSTATEiZTP ~pc~~.,na_&~ IBC `~~r_~-T~ 1' TAX IDENTIFICATION NUiviBER 3 - 30 33b' ~' $ ~ ~ PLEASE NO"FOKIZE THIS FURNI Page 1.14 of 115 PLEASE MOTORIZE THIS EORVI AFFIDAVIT All pages in offer's bid proposal containing statements; letters, ete., shall be signed by a duly authorized officer of the company, whose si2nature_is 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 debts as thev become due during this agreement. [ hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to pay said debts prior to execution of this agreement. I hereby ceRify that I do have outstandine debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. [further agree to pay succeeding debts as they become due. NA\-IEOF OFFERER: SY~~ I"1ON1U'~At+~l TITLE ~'~ ~~P' `~~ t ADDRESS ~' O L1bX 21'31 - ~ t Y '3'a'~,'LO C[TY~STATE/ZIP L~ec.uwr e TELEPHONE NUMBER u oq - u 66- u 1u "~ SIGNATURE _ t SUBSCRIBED AND SWORN to before me by the above named S~y~r~ rn _ f`~ $~ur~i i, on this the 3 0~' day of ~"{}aen - 20~_. Notary Public m and for the. State of T " " ' RETURN THIS AFFIDAVIT AS PART OP THE BID PROPOS~ ~~ ~~ .ted~ . ,-_ SUSAN IRBY @ ~ MY COMMISSION E%PIRES. cv pupust 21, 201 t Page 115 of 115 CONFLICT OF INTEREST STATENTE-NT 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 stale: ~klA&~-stic ___- ~ _: r ..r. v Signature 1 + TO AN INOEMNITV ANO/OR SURETY RONO MAV BE REPLACEMENT OR REFUND OF THIS CHECK IF I 4706576 WACI-IOVIA M a Pay To The CITY DF PORT ARTHUR o Order Of 0 *N.INE THOUSFIND NINETY DOLLARS AND OD CENTS N STARCO SOLUTIONS I_LC Remitter Issued by Inlayrated Paymeln Systems Inc., Enylewond, Colorado ...,., JPMOrgaq,Chasfl Donk, N.A,. pep¢or„COIVradg. ' k~ ~ WtWnflVEWATEflMgflK'i 1040 ~PRIrORT 4g_9' 346105642. lESTROVED 01/30/2000 $9,090.00 Dollars 30 Bank, li•373L59m I102p009791: 68003461105642511• EXHIBT "C" PR 14564 Exhibit °C" CONTRACT FOR THE REHABILITATION OF ONE (1) PROPERTIES CDBG Disaster Recovery Program THIS AGREEMENT, made this day of , 2008, between the City of Port Arthur, herein referenced to as the "CITY" and SKR Construction ,herein acting by and through Jose Sanchez ,hereinafter referenced to as "CONTRACTOR". - IN WITNESS WHEREOF, that for and in consideration of payments, terms and conditions set forth herein, the City and the Contractor agree to the following: 9. The Contractor will provide rehabilitation of the following house: 1819 19TM Street 10. Contractor agrees to perform all the work described in the specifications and contract documents and comply with the terms herein for the sum of 38 365. 11. The term "Contract Documents" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Addendums (D) General Information (E) Specifications - due to the volume of the specifications for these Rehabilitation Projects, the specs will be made available in the City Secretary's Office (F) BID (G) BID BOND (H) NOTICE OF AWARD 12. During the term of this Contract, the Contractor will furnish, at his own expense, all of the materials, supplies, tools equipment, labor, qualified supervision and other services necessary for satisfactory completion of specifications and agreements. 13. The Contractor agrees to indemnify the City and hold harmless the City of Porf Arthur and its officers, agents, employees or assigns from any and all liability, PR 14564 including claims, causes of action, and damages to property arising out of or in connection with the work done by the Contractor under terms of this contract. 14. The term of this Contract shall be from to . Contractor agrees that the one (1) house must be completed within sixty days of the 15. It is expressly understood that, the Contractor waives any and all claims against the City of Porf Arthur, its agents, employees and assigns for any charges to the contractor, or damages caused by the contractor or to any party arising out of this contract. 16. IN WITNESS WHEREOF, parties hereto have executed or caused to be executed this agreement in duplicate originals. Signed and agreed to on the day of , 2008. CITY OF PORT ARTHUR CONTRACTOR Signature Signature Printed Name Printed Name Title Title PR 14564 CITY OF PORT ARTHUR ADVERTISEMENT FOR BIDS. COMMUNITY DEVELOPMENT RECOVERY PROGRAM FOR REHABILITATION OF 6 HOUSES .2007 DECEMBER 30 DECEMBER 23, 2007 , CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT CfTV OF PORT FOR BIDS ARTHUR, TEXAS ADVERTISEMENT -~ NOTICE IS HEREBY- FORBIDS ~ GIVEN THAT sealed addressed to the NOTICE IS HEREBY 8itls, City of Port Arthur, will he d at the Office of i ~ GIVEN THAT sealed ddressed to the ve rece the City Secretary, Cib Bids, a City of Port Arthu4 will be Hall 444- 4th Street or rt Ar- P received at the Office of ~ o P.O. Box 1089, 77641 no Ihe City Secretary, Ciiq - thur, Texas 3:00 P.M., or HaII 444- 4th Street Port Ar- eoz 1089 O P later than January 9, 2008, and all , . . thur, .Texas 77641 no ~ . bids received will.thereaf- be opened and read M., later than 3:00 P January 9,.2008, and all ter aloud at 3:15 P.M. on . the i bids received will Ihereaf- n January 9, 2008, Council Chambers, ter be opened and read on ~ P M amity 5th Floor, Ciry Hall, Port . . aloud at 315 January 9, 200E, in the - Arthur, Texas for certain ices bdetly described -- Council Chambers, City .erv 5th-Floor, City Hall, Port s: Anhur, Texas for certain rvices briefly described COMMUNRY K se 3EVELOPMENT BLOC 1 as: - -GRANT DISASTER COMMUNITY RECOVERY PROGRAM FOR REHABILRATION DEVELOPMENT BLOCK OF~THE FOLLOWING GRANT DISASTER. HOUSES RECOVERY PROGRAM N 2119 CANAL STREET 1 FOR REHABILITA710 ~ . 3510 11TH STREET - 2 OF THE FOLLOWING - . 3 2$49 117H STREET HOUSES 1.2719 CANAL STREET/~ EET+ 4. 2331 11TH STREET 7R 2. 3510 11TH STR EET s ~23~ ~yTM g 3` 2549 11TH STREET 233111TH STREET/~ 4 . MANDATORY PRE-BID ED- . 5. 1819 19TH STREET ~ MEETING IS SCH M. 30 A 9 6.123719THSTREETJ . : ULED FOR 2000 AT MANDATORY PRE-BID JANUARY 3; q7y HALL, 2ND FLOOR MEETING IS SCHED- M 0 A OONFERENCE ROOM, OCATED AT 444 4TH . . ULED FOR 9:3 L ' JANUARY 3, 2008 AT STREET CITY HALL, 2ND FLOOR CONFERENCE ROOM, Bids received after clds- LOCATED AT 444 4TH ing time will be returned STREET ~ -unopened t ~8ids received after clos- d Copies- of the Specifica- d other Contract ing lime will be retume bons an ents are on file in unopened. I ~ Docum the -Purchasing Office, Copies of they Specitica- 444- 4th Street, City of en bons and other Contract fil i Port Arthur, and are op blic inspection with- i n e Documents are on pu fo the Purchasing Office, out charge. 444- 4th Street, City of Pon Arthur, and are open i h - The City of Port Arthur re- the right to reject t - for public inspection w ~ serves and all bids and to out charge. - - any waive informalities: The City of Part Arthur re- serves the right to reject os h Broussard any and all bids and. to purchasing.Manager waive informalities, __- Joseon Broussard Purchasing Manager CITY" OP PORT ARTHUR, TEXAS ADVERT[SEMENT FOR BIDS NOTICE [S 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 3:00 P. M:; January 9, 2008, and all bids received will thereafter be opened and read aloud at 3:1 ~ P. M. on January 9, 2008, in the City Council Chambers, 5th Floor, City Hall; Port Arthur, Texas for certain services briefly described as: ' CONIMUNITI` DEVELOPMENT BLOCK GRANT DISASTER RECOVERY" PROGRAb1 FOR ' NG gOUSES REHABILITATION 1. 3. 4. 5. 6. OF THE FOLLOR Ii 2119 CANAL STREET 3510 11TH STREET 2549 llT" STREET 2331 11T" STREE 1819 19T" STREET 1237 19Th STREET. MANDATORY PRE-BID MEETING iS SCHEDULED FOR 9:30 A. M. JANUARY 3; 2008 AT CITY HALL 2` FLOOR CONFERENCE ROOM LOCATED AT 444 4TH STREET Bids received after closing time will be returned unopened. C-apies of the Specificatio~is 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. The City of Port Arthur reserves the right to reject any and all bids and to ~;wive informalities. Joseph Broussard Purchasing Manager FIRST PUBLICATION: DECEn'IBER 23, 2007 SECOND PUBLICATION: DECEMBER 30, 2007 C1TY OF PORT ARTHUR, TL-XAS ADDENDLIM NO. ONE {1) DA"f E: DECEMBER 27. 200? BID PROPOSAL FOR: COMMUNITY' DEVELOP~:tEN"C BLOCK GR4NT DISASTER RECOVERY' PROGRAM FOR REHA[3I,LI`hATION OF 21.19 CANAL S'TREE7~,3510~1(T't S"CREE'T,2549 ]:Ir" ST~REE'(',2331 Ilr't STREE,1819 19T" STREET, AND 1237 19T" STREET'. The following clarifications, amendments, deletions, additions, revision and/or modifications are made a pact 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: L MANDATORY PRE-BID MEETING IS SCHEDULED FOR 9:30,4. M. JANUARY 3, 2003 AT CITY Ei;1LL 2N° PI,OOR CONFERENCE ROOi~4 LOCA'l ED AT 444 4TII STREET 2. ROOFS MUST HAVE WINDSTORM CERTIFICATION ('` n ~ _. i (" ~~ ; 7 Clifton Williams Senior Purchasine Assistant Pagc J of 1 CITY" OF PORT ARTHUR, TEXAS ADDENDUM NO. TWO (2-) DATE: J.4NU.4RY 8, 2008 BID PROPOSAL. FOR: COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR REHABILITATION OF 2119 CANAL STREET,3510 llT'r STREET,2549 llT" STREET,2331 11T" STREE,I8I9 t9T" STREET, AND 123719T" STREET The follo~i~ing clarifications, amendments, deletions, additions, revision and/or modifications are iiiade apart of the Contract Documents and change the original documents only in the mariner and to the extent hereinafter stated and shall 6e. 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 SUBMI-SSION OF THEIR BID. 1. THE BID OPL--KING DATE HAS CHANGED TO JANUARY' 23, 2003 2. DELETE 2549 ] 1T" STREET FROM YOUR BID 3. THE CITY WILL HAVE ANOTHER MANDATORY"PRE-BID MEETING AT 9:30 .4. M ON J;\NUARY' 10, 2008 .4T CfiY HALL 2ND FLOOR ANNEX CONFERENCE ROOM LOCATED AT 444 4T" STREET. 4. CONTRACTORS-THAT ATTENDED THE lsT MANDATORY PRE-BID DON'T HAVE TO ATTEND "CHE MANDATORY PRE-BID ON JANUARY 1 1, 2008 r~ l~ Clifton Williams Senior Purchasing Assistant CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. THREE (3) DATE: JANUARY 9, 2008 BID PROPOSAL FOR: COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR REHABILITATION OF 2119 CANAL STREET,3510 11T" STREET,233T llT" STREE,181919T" S"TREET, AND 1237 19r" STREET 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 shalLtake precedence over requirements of the original Contract Documents and all. BIDDERS ARE REQUESTED TO ACKNOWLEDGE- SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. 1. PAGE. 28 #. l= CERAN[IC TILE REPAIR -POSSIBLE REPAIRS TO ENTIRE FLOOR AFTER THE RE-LEVELING. CHANGE TO 100.00 SF~ 2. PAGE 29' 15 REM'OVL- ACOUSTIC TILE CEILING/INSTALL DRY"tiVALL.CEILdNG .AND WALLS. CHANGE TO 450.00 SF 3. PAGE 30 #] 8 REGLUE WALLPAPER SEAMS/POSSIBLE DRYWALL REPAIRS AFTER RE-LEVELING. CHANGE TO ?00.00 SP 4. ATTACHED ARE ADDITIONAL SPECIFICATIONS FOR 1237 19T" STREET BATHROOM. NUMBERS 43-51. 5. ATTACHED IS THE CORRECTED BID PROPOSAL PAGE a.~7t/ Ui/ -1uL Clifton Williams Senior Purchasing Assistant r CLTY OF PORT ARTHUR, TEX,4S ADDENDUNt NO. FOUR (4) DATE: L4NUARY 9, 2008 BID PROPO~.aL FOR: COMM-UNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRANLFOR REFL~.BILITATION OF 2119 CANAL STREET,3510 117" STREET, 2331 11 "' STREET, 1819197" STREET, AND 1237 19"' STI2LET The following clarifications, amendments, deletions, additions, revision andior 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 iri the Conh act Documents. Provisions of this addendum shall take precedence over requirements of the original Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS 1N TEIE SUB~4ISSION O'F THEIR B1D. I. PAGE 88 #4 CH:\NGE "I O REP.41R TONGUE & GKOOVE FLOOR. INS"G4LL VINYL FhOOKINC,. 25.33 SY 2. DELETE 2l l9 CANAL STREET 3. ATTACHED ARE THE SPECIFICA'IlONS FOR 2331 EAST 117" STREET MASTER BEDROOti4, BEDKOORI #2, ,4ND BATHROOM 4. THE BID OPENING DATE HAS BEEN CHANGED TO 1.aNAURY' 30, 2008 ~~. ~ ~~ V . L~~~:~G?~ Clifton Williams Senior Purchasing Assistant CITY OF PORT ARTHUR GENERAL SPECIFICATIONS GENERAL INFORMATION: ]VOTE:. It is extremely importantthat the Vendm-, 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 INVITATION TO BID (iTB) is to providebidders with sufficient information to prepare SEALF,D BIDS IN DUPLICATE for furnishing: COn1NIUNITY DEVELOPMENT ,BLOCK GRANT DISASTER ~RECOV"ERY PROGRAM FOR REHABILITATION OF SIX HOD/ES Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P. O. Box 1089, Port Arthur, Texas 77641. Bids shall be,receiued no later than 3:00 P M January 9. 2008. Bid proposal MUST BE SIGNED BY THE BIDDER. 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 OP TIIE 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 perfonn~in strict accordance with the specif cations of the incitation. The City resen es the right to accept any and all or none of the exception(s)/substitutions(sl 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 opening 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 the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids, or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price. This preference can't be granted for purchases invoh~ing Federal Funds. The award 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 terms "Bid" and Propgsal" shall 6e 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 have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offeror accept gifts or anything ofvalue, nor enter mto any business arrangement with any employee, official or agent of the City of Port Arthur. MNIMUNI STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. Aprospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery sc-hedule. 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 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 ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Poct Arthur Purchasing Manager_ addenda will be mailed to all who are known to have received a copy of the ITB. Offerers shall acknowledge receipt of all addenda. PK[CES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. [n the event of error or discrepancy in the mathematics; the unit price shall prevail. PURCHASE ORDE.[Z: A purchase order(sjshall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoic-es. INVOICES: All invoices shall be mailed directly to the City of Pat Arthur, Attn.: Housing Dept., P. O. Box 1089. Port Arthur, Texas 77641. PAYMENT: PaymenC will be made upon receipt of the original invoice and the acceptance of the goods or services by the- City of Port Arthru'. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Escise 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 C[TY: 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 Gontraet; 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 anyone 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 comprise the contract between the City and the successful bidder. 1. Information for Bidders 2. Bid Sheet 3. Notice of Awards 4. Specifications - S. Addenda QUANTITIES: Quantities shown are estimated, Based on projected use. [t 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 supplier shall not hate any claim ' against the City of Port Arthur for quantities less than the estimated amount. All bids will remain in effect for one year after the bid opening date If through any cause the Bidder fails to fulfill in a timely and proper manner; his obligations under this Contract, or fails to perform in accordance with these specifications, the City reserves the right to terminate this Gontract by giving written notice to the Bidder of sue-h termination and specifying the effec-five date thereof. at least fifteen (15) days before the effective date of such termination. No person has the authority to verbally alter these specifications. Any interpretations, corrections or changes to this ITB and specifications will be made in writing 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 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 orproper 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 wnceming any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations ofthese specifications shall be made on the basis of statement. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance; construction, and other details, its use ~s not intended to deprive the City of Port Arthur the option of selecting goods which maybe considered most suitable for the purpose involved. 1n the event of conflicts between the written bid proposal and infoinlatio^ 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 Riehts 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. Questions wnceming this ITB or additional information should be directed to Beverly Freeman at 409-983--8259. TERMINATION FOR CAUSE 7f, 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 convenants, agreements or stipulations of this contract, the City shall thereupon have the right to temunate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (l ~) 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 Gity by virtue of any breach of the contract by the Contractor, and the City may withhold any pa}anents 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. If the Contractor is unable to complete the work in a timely manner, the City also reserves the right to utilize another vendor to complete the work and charge the Contractor for the extra costs. 1'ERNIINATION 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 work that it has performed up to the termination date. If this contract is terminated due to fault of the Contrac-tor, the previous paragraph hereof relative to termination shall apply. INSPECTIONS L!nscheduled job-site inspections will be performed by the City of Port Artlmr Housing Department Representative. Failure to abide by the City's specifications will be grounds for termination of the contract EXPERIENCE & CAPABILITY: Bidder shall include the following information to describe the experience and capability factors of the company: 1. Number of years in operation. Z. Largest area mowed currently in effect with a business. 3. Number of employees can ently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by your company. 5. Be otherwise qualit7ed and eligible to receive an award. 6. Other major companies or areas that it has contracted to mow. 7. If a company wants to Rehab more than three (3} houses of the City, the company must show that it has the equipment and employees to handle more than three houses. A. Existing mowing schedule for your existing contracts and your proposed mowing schedule for all of the areas that you bid based on the expected volume of cutting in these areas. 9. If you plan to expand your employees and your equipment to handle the areas to be bid, please provide information indicating your capabilities to maintain those areas. 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'fhe 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 ~irork perfornred until completion and final acceptance by the C''ity. , Still-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 othern ise 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 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/$00,000 per occui~ence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $00,000 each person !$1,000,000 per occmTence for contracts in excess of $100,000; and; b. Property Damage $100;000 per occurrence regardless of contract amount; and, c. Minimmn ag~egate 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. Commercial Automobile Liability Insurance-(Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of $00,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided; minimum limits are $300,000 per person, $500,000 per occun'ence for bodily injury and $100,000 per occurrence for property darirage. 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 nut 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 OP INSURANCE Form (s) shall in any event he filed with the City of Port Arthur not more than tan (l0) days after execution of this Contract. 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, 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 Gontrac-t with the OWNER, 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, famish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference behveen 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 hvo remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved. and ~+~ork has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER 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 OWNER, within said period, of reasons which the sole discretion of the OWNER, justify au extension.. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified; the Oy~'~IER 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 OWNER over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall liable to the City for au additional amount of five percent (~%) of the bid amount as liquidated damages without limitation- The OWNER, 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 OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER; withdraw his signed Agreement. BONDS [f the Contract exceeds Fifty Thousand Dollars 050.000-00); Performance and Payment Bonds shall be furnished on prescribed funns in the amount of one.hundred percent (l00%) of the Contract price with coi~~orate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must the with each bond a certified and effective date copy of their Power of Attorney. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract penOdW theRima maa beeextended by m tual agreemlent bePveen OWNER andsCONTRACTOR. If Notice JOB EXAMINATION Bidder should be careful examine and be familiar with the Plans; Specifications and other Documents and other conditions and matters which can in any way affect the-work or the cost thereof. By submitting a bid the CONTRACTOR ackhowledges that he or his qualified representative has visited the job site and investieated and satisfied himself as to (a) the conditions affecting the work including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and materials, acces~~~ oharactercand or other utilities otherwise affect performance of required activitres; (b) quantity of all surface materials or obstacles : to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to'do all of the above will not relieve a successful Bidder of the obligation to famish all material and labor necessary to carry out provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the Specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relieve the Bidder of the responsibility for its verification. O\NNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The Oy~NER is notresponsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum Wage scale; which is inc-laded following the Specifications. SALES TAX This Contract is issued by an organization which qualities for exemption pursuant to the provisions of Section 151309 of the Texas Limited Sales; Excise and~Use~Tax Act as coditled in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention its directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding repairmen and Contractor's Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization; and House Bill 11 amendments to Section 1?1.31 l of the Tax Code (Vernon Supp. 1997.) as they relate to separated contracts bids .in order for non-consumable materials and equipment to qualify for resale to the City and he exempt from sales tax. Any bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1). non-consumable materials and equipment that are permanently' incorporated into the project. and (2) charges for skill labor and consumable materials, tools and equipment which are not permanently -incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTOR' S are required to have a sales tax permit issued by the Comptroller of file State of Texas i n order to qualify under the exemption provisions and the separated contract. The City will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City project. The CONTRACTOR performance this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certifcate complying with all applicable e State Comptrollers rulings, along with a copy of the certificate issued to him by the City. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit. prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude file sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales; Excise and Use Tax which may now or at anv time during the performance of this Contract be in effect; and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR maybe required to pay as a regulatoo s oOr la usAor OR' e result of the perOnnance of the Contoact or any' partthere d byltl e 'CONTRACTOR. Bidders are cautioned that materials which; are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non-consumable Materials and Equipment". FINANCIAL STATEMENT AND E\PERIENCE RECORD The Bidder will upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perforn~ the work without limitation, a list of all jobs completed in the last 24 months giving name of O~V'NER, amount of Contract, description of the job, and name of OWNER'S representatrue who is familiar with the work performed by the CONTRACTOR. INTERPRETATION OF PLANS AND SYECIFICA"LIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineex no later than 96 hours before the bid opening Answers to all such requests will be given in writing to all qualified Bidders in Addenduiii form, and all addenda will . be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies [n, or omissions ,from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the bidder should no later than 96 hours prior to the bid opening, notify the Architect/Engineer m order that a written Addendum, if necessary, may be sent to all Bidders priorto submission; of the bids. Failure to request such clarification its a waiver to any claim by the Bidder for expense made' necessary by reason of later interpretation of the Contract Documents by the OWNER. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made nn-the basis of the greatest advantage to the OWNER; considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw-his Proposal before the expiration of the time during which a Proposal_may be submitted, without prejudice to himself, by submitting a wntten request for its withdrawal to the officer who holds it. TTD'IE OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time which he will agree to complete the work. The time required for completion of the workwill be a consideration in the determination of the successful Bidder. Unless otlienvise specified, Bidder must state time in consecutive calendar days, including, but_not limited to, all Saturday, Sunday, and Federal, State and City holidays. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of file 9y'i'NER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance; and to establish an equal basis for the evaluation of bids. LA`S'S All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. FQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions, LTEM E TO THE CONTRACT (SPECIFICA'~IONS) DUE TO THE LARGE VOLUME OF THE SPECIFICATIONS FOR THE REHABILITATION PROJECT,.. THIS PORTION OF THE CONTRACT WILL BE MADE' AVAILABLE IN THE CITY SECRETARY'S OFFICE.. Page 111 of 115 C[TY OF PORT AR"fHUR BID PROPOSAL PA~1r_ 1 of z DATE: JANL`.ARY 9.2008 Bid Proposal For: CO~i~~1UN[TY DEVELOPMF.,NT BLOCK GRAN"1' DIS:ISTER RLCOVERY PROGRAbI FOK-REHABILiTATiONOC Sl`f HO~'1ES v' C~ l On ,doing Ilre undersi ened ___~~~~- ~ --~- ~ ~-`'`- c U ~~ ~ r-~----~_~ ~._ business in theCiryl"fowu of_-_~_ submits herewith, in cenPormity ~sith the General [ns[rucUOns, Conditions; and the following Bid: OUl LIB ID D`~`T~'~ TOTAL COS"1 DESCRIPTION __ _ ~ C~ D?~Y_S __~ _ - ,ice ~ ,~ ~~T -- --~ 10 ~ .- I-- 3510 1 1'" STREET _- - - -- / I S - ` ~~~~ ~-.c ~- >-1) 11 r" STREET---- -_I- - ~ ~' __-.__ i ~ _ ~ , 5 ~ _~ i '331 11 `" STREET _____ ~ - c ~ _ I iJ s ~~ 1819 19T" STREL:T _L- ~ ~ ~~~ ~-- ~ ^ ~~ II 1237 19'" STREF_T - `~ C -- ~ S ~ , -~ / Receipt of addenda is ad:nowlsdeed: Received tio. 1 Dated __ ____ - No. 2 Da[ed __ __ - _- Received _ C O ~ d ~~ for Re~eivc _--- No. 3Dated _ '~=1 ~- - - ~, ~~ I i _3c;-~-~ --~- ~DATE SLGK'ATURL OF BfDDEK Page 112 of 115 SIGNATURE OF B CTTY OF POR"C ARTHliR BlU PROPOSAL PAGE 2 OP 2 nA"rE -~ ~~, COMPMP A~~"lE t i ~~ /~ - `- ~ ~ !.r7tt _ '4 _ 'i ~s/-~- --r- SIG. A"TITRE O BI ER t L;, ~~L- (PR['i 1T OR TY"PE NA1~tE) _ ~' ~~ -- T[TLE Sf [? EET ,4DD CZESS PO- {30X / ` G~ C[TY SATE ZIP ~G~ ~,: -~'~~ AREA CODE TELEPHOVE NO. Page 113 of 115 BID OPENING DATE: JANAURY 9.2003 CITY OP PORT ARTHUR INSTRUCTIONS T~ R Bidders arc reyucsrcd to furnish their complete REMIT TO ADDRESS and TAX IDENTTFICA'f1ON NLi~~[I3FIZ as indicated betov.': REMIT PAY"MENT TO; ~~ ~.~ ~ ~ C-Oi`~SPANY ADDRES6 V 4-'~ CITYr'STATE. ZIP ~'_ '__~~~~--~~- `-~~ ~~ SEND PUF.CHASE ORDER TO: COMPANY - ~-~'~~~ ~~ -~ `~ U~~ ~ L /~ ADDRESS ~ (~- yT ~~ CITY!STATE'ZIP ~/ ~ ~._~ ___ TAX IDENTIFICA'l 1ON NU~~I[3ER ,~=~ V ~! ~ fC~~--~~v--~-i l'LE;1SE NOTOKILE TINS FOR!~4 ~-~ _T Page 114 of 115 PLEASE. rOTOR17E "CNIS rOR~`I AFFIDAVIT.. All pages in offer , bd proposal containing statements, letters, etc.; shall be signed by a duiy authorised officer of the company: ~3'hose signature is hindir~g on the bid proposal. The undersigned OtferS and agrees to one of the following l hereby certify that I do nothav~e outstap ding doceding debts City of Poet Arthu-. Further, ] amerce to ay as' they become due during this agreement. __ [hereby certify that I do have outtandiag eights with the City of Poet Arthur and agrees to pay said dcbL; prior to execution of this agree-ment. _ [ hereby~ceitify that I do have outstanding debts with the City of Port Arthur and agrees' to enter into an agreement for the payme~'~t of said dcbic I twthcr agree to pav succeeding debts as they.become ' ~ ^ / ~t vAVtE OF OFFERER :_ 1 ~il~~'-`- TITLI~- ~i -- ~'~ - - -- ~- ,~ / ,' J + J -~~ 7 „ ~ tJ f ~lUf ~~ CITYiSTATEaZIP ~~d%( ~_ '?~~L) V~ TELEPHONE Nli~~l R ? ~ ~ ~ ~''~ ~~".~~ _ f ~= L S[GNAT~RI[__ '~- SUBSCRIBED AND SHORN to bcforn th iherc above named day of _- _ - ~0-- Notary PubI10 to and for the. State of IZpT~RV THIS AFFIDA~~IT AS PAP~T OF THE. BID PROPOSAL Page 115 of 115 CONFLICT OF INTEREST STATED'IENT Please delineate all o~~'ners oY your company- If von ha~'e anY contractual business relationship or family relation=_hip with aoy member of the govemin~ body of the City or if yon expect this to-occur, Phase so state: "Grow with tlae l~loin" 152703 ?~v r"_i....{'~~ri ' ~i ~"F:f~6Yld~ 4../'t'.f~YZ Vrrdr')t8 'u^:i Nt ur•.ratNr; Auz. Neural am I Lxas 776? ~ l~`il~y,l ? LS 7A • (a0l) &ti0.11400 bi)0-A39-243fi oATr~ 3Q1JAN08 SEVEN THOUSAND SIX FlUNDREP EIGHTS' SEVEN ANQ G~/10e~ DOLLARS }, n, Y' ,: I ' ~~~ '~ CITY OF PORT. ARTHUR*~* + j -rile 019C7LH GF: ant I ~rJr 5 +»76Q7. Q10 I CASHIER'S CHECK Remitter: SIfR CONSTRUCTION INC. _. 1L`'_i!~ / Y (~1~~/~'~1~~''~ . -- -- auir Irv~zra~ ni ul;i: swcv~.rw,:N.:rrr: M+sar..~.;a:aw~ isr::.ns'n..<.xn•:.a~w.v_K,.._~:n~nu.~srv-.asw~s._~:ISe2~+.r ~3~alavrsvlaiG~iYicl.cs:-r~=s-.a::-m~-e-nr...m-..vir~<.~a'_'~[~.. nc~~r. ... n.....s.. r., ,..v.~~,. _.:tr: ~~SOUf~o.NESI GGFVOiI,c'IE If.U ' ,~-~ ot~T ~„~E F~~_ OALL,dS. TR :^v3~ai ,' ~ I ~~ ~i j (, -~~- ~~~ ~52703~i• Y:3i1990511C87950313187636i~• \l/ i % ~ CF iX / / I/ JJ EXHIBITS "D-1, D-2; D-3, AND D-4 ARE ON FILE FOR REVIEW IN THE CITY SECRETARY'S OFFICE. PR 14564