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Home My WebLink AboutPR 14746: CMM CONSTRUCTION - HOT-MIX ASPHALTIC CONCRETE PLACEMENTCITY OF PORT ARTHUR Public Works Department Council Action Memo TO: .Steve Fitrgibbons, City Manager FROM: John A. Comeaux, P.E., Director of Public. Works SUBJECT: P.R. #14746 -Hot-Mix Asphaltic Concrete Placement DATE: May 30, 2008 RECOMMENDATION: ' It is recommended that the City Council approve Proposed Resolution No. 14746, awarding a bid and authorizing the execution of a One (1) Year Contract for placement of Hot-Mix Asphaltic Concrete to C.M.M. Construction, Inc. of Beaumont, Texas. This contract will be awarded on a UNIT COST BASIS as listed below and will be utilized for various City and CDBG funded street projects. y BACKGROUND: This is an annual contract for the placement of HMAC surface material. This process has been utilized by the Public Works Department for the past sixteen (16) years. The City will pay for all materials associated with the process, with the contractor's sole responsibility being to furnish labor and equipment for the placement of the materials and to place the materials. This process will allow for a more standard and quality product. Bids were advertised in the Port Arthur News on April 6, 2008 and April 13,_2008. One (1) bid was received and opened on April 23, 2008, as follows: C.M.M. Construction, Inc., Beaumont, Texas NO. ITEM UNIT 2007 Prices 2008 Prices Difference 1. Placement 1~/i' HMAC 0-1200 SY SY $2.25 $2.35 4.4% 2. Placement 1~/z" HMAC 1201-3600 SY SY $2.25 $2.35 4.4% 3. Placement 1Vz" HMAC 3601-Up SY SY $0.95 $1.05 10.5% 4. Level Up 0-1200 SY •SY $2.25 $2.35 4.4% 5. Level Up 1201-3600 SY SY $2.25 $2.35 4.4% 6. Level Up 3601-Up SY SY $0.95 $1.05 10.5% 7. Turn Outs SY $2.65 $2.75 3.8% This contractor was the sole bidder last year also, and has received this contract fifteen (15) of the last sixteen. (16) years. BUDGETARY/FISCAL EFFECT: Funds are provided in the Street Division Budget, Account No. 001-1203-531.36/51/86 and in the CDBG street project accounts. STAFFING/EMPLOYEE EFFECT: Acceptance of this recommendation will have no staffing/employee effect at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 14746, authorizing a One (1) Year Contract for placement of Hot-Mix Asphaltic Concrete to C.M.M. Construction, Inc., on a UNIT COST BASIS. The prices bid for the HMAC work are reflective of the costs for this service and for the quantities shown.. C. M. M. Construction, Inc. submitted the lowest and most responsive bid. John A. Comeaux, P.E. Director of Public Works JAC/reb Z:\engineer\DocumentsU-1 MAC\CAM-08.doc P. R. No. 14746 Os/30/08 reb RESOLUTION NO. A RESOLUTION AWARDYNG A BID AND AUTHORIZING- THE EXECUTION. OF A ONE (1) YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND C.M.M.. CONSTRUCTION, INC. OF BEAUMONT, TEXAS FOR PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE ON A UNIT COST BASIS FOR VARIOUS CITY FUNDED AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED STREET PROJECTS; PROPOSED FUNDYNG: STREET DIVYSEON ACCOUNT 001-1203-531.36/51/86 AND CDBG STREET PROJECT ACCOUNTS. ' WHEREAS, periodically the City requires the services of a contractor to place hot-mix asphaltic concrete for various projects; and, WHEREAS, the City advertised in the Port Arthur News on April 6, 2008 and on April 13,.2008 for said services; and, WHEREAS, one (1) bid was received and opened on April 23, 2008 for the above referenced Contract and has been evaluated by the. Public Works staff and Purchasing Coordinator; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards the bid for a one (1) year contract for placement of Hot-Mix Asphaltic Concrete to the lowest responsible bidder to wit: C.M.M. Construction Company of Beaumont, Texas as shown on Exhibit "A" attached hereto and made a part hereof; and, THAT the. Mayor and City Manager of the City of Port Arthur be and they are hereby authorized and directed to execute. on behalf of the City, a Contrail between the City of Port Arthur and C.M.M. Construction, Inc. for a one (1) year Contract for P.R. No. 14746 Page 2 placement of Hot-Mix Asphaltic Concrete on various streets in the City of Port Arthur, Texas; and, THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit "B" attached hereto and made a part hereof by reference, a complete copy of which is available for review in the office of the City Secretary; and, THAT said Contract is an exact duplicate of a standard form Federally Funded Construction contract except for the changes described in the Certificate of Standard Form, a copy of which is attached as Exhibit "C" and is hereby incorporated by reference, and said changes are here approved; and, THAT payment bonds will be required if the individual project exceeds $25,000 and performance bonds will be required if the individual project exceeds $100,000 per Section 2253.021 of the Government Code; and, THAT, C.M.M. Construction, Inc. of Beaumont, Texas shall sign this resolution agreeing to the terms thereof; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of A. D. 2008 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: P.R. No. 14746 Page 3 Councilmembers: i Mayor Attest: City Secretary APPROVED AS TO FORM: `;f City Attorney e-rJ ~hA~F OG) APPROVED AS TO AVAILABILITY OF FUNDS: Rebecca Underhill Director of Finance APPROVED FOR ADMINISTRATION: Steve Fitrgibbons City Manager AGREED TO: ~-C`C~m.~..~ , P.c. John A. Comeaux, P.E. C.M.M. Construction, Inc. Director of Public Works Z: \engineer\documents\HMAC\PR14746.doc EXHIBIT A CITY OF PORT ARTHUR, TEXAS BID SHEET DESCRIPTION: PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE DATE: APRIL 23, 2008 NAME OF BIDDER NAME OF BIDDER CMM Construction Co., Inc. BEAUMONT,TX ITEM # UNIT ITEM UNIT PRICE 1. SY Placement 1 ~/z" HMAC $ 2.35 0 - 1200 SY 2. SY Placement 1'/z" HMAC $ 2.35 1201 - 3600 SY 3. SY Placement 1 Vz" HMAC $ 1.05 3601 - U SY 4. SY Placement Level Up $ 2.35 0 - 1200 SY 5. SY Placement Level Up $ 2.35 1201 - 3600 SY 6. SY Placement Level Up $ 1.05 ' 3600 - U SY 7. SY Turn Outs $ 2.75 Ex~a~aT ~ CONTRACT FOR PLACEMENT OF HOT-MYX ASPHALTIC CONCRETE THYS AGREEMENT, made this 17n' day of June 2008' by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and C. M. M. Construction, Inc. a(n) corporation herein acting Individual, frm, partnership, or corporation by and through Anthony J. Ceaser hereinafter called "CONTRACTOR". WITNESSETH: That, for and in consideration of, the payment terms, conditions,. and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from June 20, 2008 to June 20, 2009. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: ' HOT-MIX ASPHALTIC CONCRETE PAVEMENT 1 ~/z" HMAC 0-1,200 SY $2.35/SY 1 ~/z" HMAC 1,201-3,600 SY $2.35/SY 1 ~/z" HMAC 3,601-Up SY $1.05/SY Level-Up 0-1,200 SY $2.35/SY Level-Up 1,201-3,600 SY $2.35/SY Level-Up 3,601-Up SY $1.05/SY Turn Outs $2.75/SY 4. The term "Contract Documents" means and included the following: (A) Agreement (B) Advertisement for Bids (C) General Information (D) Specifications (E) Bid (F) Bidder's Information Sheet 2:\engineer\Documents\HMAC\HMAC Contract-OS.doc 1 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WFIEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER BY: City Manager Steve Fitrgibbons Printed Name BY: Z:\engineer\Documents\HMAC\HMAC Contract-08.doc CONTRACTOR Printed Name 2 ~c.:..r.'r;i5 "BOL'3]E" PRINCE, MAYOR i'r7i'.:H~EL'SHAIVE" SiNEGAL, MAYOR PRO-TEM _.... J'J f+_5 .t,-.. a_,~. - .. City of rt y/Tthur Texas NVITATION TO BID April 9, 2008 Vendors: STEPHEN FITZCIBBONS CITY MANAGER TERRI HA1:KS ACTING CITY SECRETARY MARK T. SOKOLOw CITY ATTORNEI' Sealed Bids; subject to the General Instructions; Conditions and Specifications, as provided will be addressed to the City Secretary of the City of Port Arthur, Texas in DUPLICATE. Sealed BIDS shall be received no later than 3:00 P. M. Apri123, 2008 at the City Secretary Office and. all bids received will thereafter be opened and read aloud at 3:15 P. M. on April 23;2008 in the City Council Chambers, 5th Floor; City Hall; Port Arthur; Texas for the following: PLACEMENT OF HOT-MIX ASPHATIC CONCRETE BIDS SHALL BE PLACED N A SEALED ENVELOPE, with the bidder's name and address inthe upper left-hand corner of the envelope. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED. BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SIGNED BY' A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT. MARK ENVELOPE: HOT-1\ILX Sealed Bids shall be submitted: CITY OF PORT ARTHUR CITY SECRETARY" P. O. BOX 1089 PORT ARTHUR. TX 77641-1089 CITY OF PORT ARTHUR CITY SECRETARY' 444 4TH STREET PORT ARTHUR, TX 77640 ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIIvIE. ~.0. 80X 7089 = PORT F.°~HUR, ?EXAS i75" i-7089• ~09/983.6~ 75 • Fw( 409/983-829! Bids received afrer the closing time specified will be returned to the bidder unopened. Award will be made as soon as practicable afrer opening. To obtain results, or if you have any questions, please contact Clifton Williams at the City of Port Arthur Purchasing Office, at (409) 983-8161. The City of Port Arthur reserves the right to 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 of Port Arthur. Sincerely, r~~~'~4 Deboiah Echols Assistant Finance Director CITY OF PORT ARTHUR GENERAL SPECIFICATIONS GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish-the Cih 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 provide bidders with sufficient information to prepare SEALED BIDS IN DUPLICATE for furnishing: PLACEMENT OF HOT-MIX ASPHATIC CONCRETE Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P. O. Box 1089, Port Arthur, Texas 7764]. Bids shall be received no later than 3:00 P. M. Apri123. 2008. Bid proposal MUST BE SIGNED BY THE BIDDER. All bids meeting the intent of this request for bid will be considered for awazd. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OROFFERING SUBSTITUTIONS; SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exception and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and al l 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. Anv interlineations, 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. Aw~azd 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 involving 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. TERi`4INOLOGY: "Bid" vs. "Proposal"--For the purpose ofthis ITB; the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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 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. MINI_yIUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business; and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a compam~ 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's shall be vested in the City of Port Arthur Purchasing Manager. Addenda-swill be mailed to all who are known 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, where required, of each item listed. In the event of error or discrepancy in the mathematics; the unit price shall prevail. PURCHASE ORDER: A purchase order(s)shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur; Attn.: Public Works, P. O. Box 1089, Port Arthur, Texas 77641. Pavment: 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 laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws; ordinances; rules, orders; regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member ofthe governing bodyofthe City, and no other officer; employee ar 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, director indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY The City of Port Arthur Code of Ordinances prohibits the City from granting any license; privilege or paying money to anyone owing delinquent taxes, paving assessments or any money to the City until such debts aze paid or until satisfactci_; 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 5. Addenda QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the 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 fails to perform in accordance with these specifications, the City reserves the right to terminate this Contract by giving written notice to the Bidder of such termination and specifying the effective 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 TTB 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. SHIPPLvG INFORMATION: All bids aze to be F.O.B., City of Port Arthur; Port Arthur, Texas 77640 INCORPORATION OF PRO VISIONS REQUIRED BY' LANG 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, anv such provision is not insetted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGAT[ONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish al I supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. 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 ofcapability; performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered most suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title V"I 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 be directed to Ross Blackketter at 409-983-8180. CITY OF PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR A ONE YEAR CONTRACT FOR PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE April 23, 2008 BY CITY OF PORT ARTHUR PUBLIC WORKS DEPT. Contractor/Engineer Contractor/Engineer Project No. (FOR USE IN FEDERALLY FUNDED PROJECT; CDBG) file c:lwordlcontracts\hmac2004 CONSTRUCTION CONTRACT AGREEMENT (Federally Funded Projects) THIS AGREEMENT, made this day of , 2008 , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and a(n) ,herein acting by and individual, firm, partnership or corporation through , hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: The CONTRACTOR will commence and complete the construction of each project selected by the City for aone-year contract for PLACEMENT OF HOT- MIX ASPHALTIC CONCRETE. Each project will be identified in a notice to proceed issued by the City. Each project shall be deemed a separate contract. The CONTRACTOR will furnish at his own expense all incidental materials, supplies, tools, all equipment and labor and other services necessary for the construction and completion of the Project described herein. OWNER to furnish all major materials at no cost to CONTRACTOR. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within the consecutive calendar days specified in the notice to proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein on a unit cost basis in an amount per unit depending on the categories of work as shown in the Bid Schedule. 5. The term "Contract Documents" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Information for BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Wage Decision (H) Supplemental General Conditions ( A-1 (I) Notice of Award (J) Notice to Proceed (K) Change Order (L) Drawings prepared by numbered through dated (M) Specifications prepared or issued by City of Port Arthur Public Works Department dated (N) Addenda: No. ,dated , 20 No. ,dated , 20 No. ,dated , 20 No. ,dated , 20 No. ,dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (two(2 copies) each of which shall be deemed an original on the date first above written. APPROVED IN FORM: OWNER: CITY ATTORNEY (SEAL) ATTEST: NAME TITLE: CITY SECRETARY BY NAME: TITLE : MAYOR BY: NAME: TITLE : CITY MANAGER A-2 CONTRACTOR: CMM CONSTRUCTION CO.,INC. BY NAME: A HONY J. CEASER ADDRESS: PO BOX 12479 Beaumont, TX 7726-2479 (CORPORATE SEAL) ATTEST: /'~ NAME: Michael K. Magee A-3 A ONE (1) YEAR__ CONTRACT FOR THE PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE. If awarded the Contract, the bidder will promptly enter into a Contract and execute Bonds as required and in the forms provided as outlined in the Specifications and Instructions to Bidders. Copies of the Plans and Specifications and other Contract Documents are on file in the office of the City of Port Arthur Public Works Department and are open for public inspection without charge. A set of such Documents may be obtained from such office upon making anon-refundable deposit of -0- No Payment or Performance Bond will be required since contract is awarded on a unit price basis and each individual project to be authorized is not more than $25,000. Attention is called to the fact that this is a Contract for construction of public works and that there must be paid on same not less than the general prevailing wage rates which have been established by the City Council of the City of Port Arthur, Texas, pursuant to Texas Revised Civil Statutes Annotated Art. 5159a (Vernon Supplement 1994) and which are set out in detail in the Contract Documents. The CONTRACTOR shall forfeit as a penalty, to the City of Port Arthur, Sixty Dollars($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, if such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under this Contract. The Davis-Bacon Act ' is applicable to this Contract, and the prevailing wage rates established pursuant to said Act are made a part of this Contract. A copy of such current wage schedule is included in the Contract Documents and any applicable change in such wage schedule shall be furnished and Equal Employment Opportunity requirements must be met. CONTRACTOR'S attention is also directed to the equal opportunity requirements of this Contract: Title VI, Sec. 3 and E.O. 11246. This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and equipment to qualify for resale to the City and be exempt from sales- tax, the contract and bids must comply with the following requirements. The bid- and contract must separately identify (1) the charges for non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials, tools and equipment that are permanently incorporated into the project. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the separated contract procedure. B-1 The City will issue to the CONTRACTOR a specific exemption certificate for this Contract in order that he does not have to pay taxes on qualifying materials, equipment, or other tangible personal property purchased for and permanently incorporated into City realty in performing this Contract. The CONTRACTOR performing this contract must issue to his suppliers an exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City. Lump-sum contracts, in which the above referenced charges are not separated, do not qualify for the sales and use tax exemption. Attention is directed to the liquidated damages provision of this Contract(paragraph No. 54 of the General Conditions) and the fact that rainy weather shall constitutejustification for any delay in the time for completion only under certain conditions. 11 YEAR CONTRACT FOR THE PLACEMENT OF B-2 BID DATE: April 23, 2008 BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 PORT ARTHUR, TEXAS 77640 Proposal of CMM CONSTRUCTION CO.,INC. (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas ,doing business as * Corporation ,and acting by and through_ Anthony J. Ceaser To the City of Port Arthur, Texas(hereinafter called "OWNER"). Incompliance with yourAdvertisementfnr Bids, BIDDER hereby proposes to perform all work for the construction of each project selected by the City PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within the consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $ -0- for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 54 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: *Insert "a corporation," "a partnership," or "an individual" as applicable. D-1 BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: BID SCHEDULE NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. NO: ITEM UNIT UNIT PRICE 1. Placement 1 %" HMAC SY $ 2.35 0-1200 Sy (words) Two Dollars Thirty-five Cent 2. Placement 1 '/z" HMAC SY $ 2.35 1201-3600 Sy (words) Two Dollars Thirty-five Ceot 3. Placement 1 Y" HMAC SY $ 3601 - UP sy (words) goe-BeNers-FiacEen~- 4. Placement Level Up SY $ 2.35 0_1200 Sy (words) Two Dollars Thirty-five Cent 5. Placement Level Up SY $ 2.35 wo oars rrty- rve Cent 1201-3600 sy (words) 6. Placement Level Up SY $ ~ na 3601-UPsy (words) OneDnl~ F'~eCeat 7. Turn Outs SY $ 2.75 (words)Two Dollars Seventy-five Ceot *NOTE: The City shall furnish, at no cost to CONTRACTOR, all materials for the application of hot-mix asphaltic concrete to be done under this contract. D-2 Unit prices are to be expressed in both words and figures. In case of a discrepancy, tha amount shown in words shall govern. The above unit prices shall include labor, equiprnent overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. Bid shall be good for one year af±er date of bid opening. Respectfully submitted: llt,t~~, Q, l~~o Signature (T- PO Box 12479 Reanmont, TX 772(~2d79 Address President N/A License Number(if applicable) April 21, 2008. Date (Seal - If bid is by a Corpcration) Michael K Magee Attest D-3 BID DATE: April 23,2008 AFFIDAVIT All pages in offer's bid proposal containing statements, letters, etc., shalt be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do not have outstanding debts with the City of Port Arthur Further, I agree to pay succeeding debts as they become due during this agreement. _ I 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 certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: Anthony J. Censer TITLE President ADDRESS PO Box 12479 CITY/STATE/ZIP Beaumont, TX 7 7 72 6-24 79 409-899-1360 or 409-899-5748 TELEPHONE NUMBER SIGNATURE C.l ~ , t D ~ ~ SUBSCRIBED AND SWORN to before me J. Censer 2I" April ,. ~';+F,, ORA t. MAGEE On thlS the _ day Of Notary Public, State of Texas My Commission Expires Notary Public in and for the State of RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL D-4 BID DATE: April 23, 2008 CITY OF PORT ARTHUR EXCEPTION/APPROVED EQUAL REQUEST (Please submit this form for each exception/approved equal) VEN PROJECT: PAGE: OF PARAGRAPH: SUBJECT: TELEFAX: Request: Signature FOR CITY OF PORT ARTHUR USE ONLY Approved:- Disapproved: Clarification: Signature City of Port Arthur Representative D-5 BID DATE: April 23,2008 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and ' TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: CMMCONSTRUCTION CO.,INC COMPANY ADDRESS PO BOXI2479 CITY/STATE2IP BEAUMONT, TEXAS 77726-2479 SEND PURCHASE ORDER TO: COMPANY CMMCONSTRUCTIONCO., INC ADDRESS PO BOX 12479 CITY/STATE2IP BEAUMONT,TEXAS77726-2479 76-01 0 7332 TAX IDENTIFICATION NUMBER: D-6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, and hereby held and firmly bound unto the penal sum of as Principal, and as Principal, as Surety, are as OWNER in for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this Above obligation of is such that whereas the 20 The Condition of the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the NOT REQUIRED NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form attached hereto {properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, E-1 then this obligation shall be void, otherwise then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. L.S.) Principal Surety By: IMPORTANT-Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. E-2 SPECIAL REQUIREMENTS TO PROVISIONS AND INFORMATION TO BIDDERS 1. Delete Subsection c of Section 4 (Personnel) and Sections 38 (Subcontracting) and 73 (Ineligible Subcontractors) and replace with the following: NO SUBCONTRACTORS No Subcontractors shall be allowed on this project. 2. Delete Subsections a, b, and c of Section 48 of General Conditions on page F-15 and replace with the following: ' After completion of a project as described in the Contractor's notice to proceed and acceptance of the project by the City, Contractor shall submit an invoice for payment of the actual measured units of material placed on the project. F-a SPECIAL PROVISIONS TO THE GENERAL CONDITIONS 1. Amend Paragraph 90 with the following: Section 3 Compliance in the Provision of Training Employment and Business Opportunities. HUD regulations at 24CFR, Part 135 of Section 3 of the Housing and Urban Development Act of 1968 are no loner applicable to Community Development Block Grant funded projects. F-s (3). Adjacent to flush curbs, gutters, liners, and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. (F). Compacting: (1). The. pavement shall be compacted thoroughly and uniformly with the necessary rollers to obtain the density, stability and cross section of the finished paving. mixture meeting the requirement of the plans and specifications and the approval of the Engineer. (2). When rolling with the three wheel, tandem, or vibratory rollers, rolling shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half of the width of the rear wheels unless otherwise directed by the Engineer. Alternate trips of roller shall be slightly different in length. On super-elevated curves, rolling shall begin at the low side and progress toward the high side unless otherwise directed by the Engineer. When rolling with vibratory steel wheel rollers, the manufacturer's recommendation shall be followed unless directed by the Engineer. When rolling. with vibratory steel wheel rollers, the manufacturer's recommendation shall be followed unless directed otherwise by the Engineer. Rolling with pneumatic-tire roller shall be done as directed by the Engineer. Rolling with pneumatic-tire roller shall be done as directed by the Engineer. Rolling shall be continued until no further density can be obtained and all roller marks are eliminated. The motion of the roller shall be slow enough atall times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of rakes, and of fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the pavement,' either when the rollers are in operation or when standing. 3.) Equipment: A). Spreading and Finishing Machine. The spreading and finishing machine shall be of a type approved by the Engineer, with preference given to a machine with "self-leveling" features per TxDOT Item 340.04(4)(a), shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and when the mixture if dumped directly into the finishing machine-shall have adequate power to propel the delivery vehicles in a H-d satisfactory manner. The finishing machine shall be equipped with a flexible spring and/or hydraulic type hitch sufficient: in design and capacity to maintain contact. between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. Machine shall be able to make 2 passes on the City's standard curb/gutter street. Machine shall have ability to remove imperfections in the surface to provide an improved finish grade. B). Rollers. It shall be the responsibility of the Contractor to have rolling equipment available on the job to properly compact the paving mixture in place as required without delay to the lay down operation. Rollers provided shall meet the qualifications for their type as follows: 1.) Pneumatic Tire Roller. This roller shall be an acceptable medium pneumatic fire rollers conforming to the requirements of the Item, "Rolling Pneumatic Tire", Type B, unless otherwise specified on plans. 1.) Two Axle Tandem Roller. This roller shall 6e an acceptable power driven tandem roller weighing not less than 8 tons. 2.) Three Wheel Roller. This roller shall be an acceptable power drive three wheel roller weighing not less than 10 tons. 3.) Three Axle Tandem Roller. This roller shall bean acceptable power drive three axle roller weighing not less than 10 tons. 4.) Vibratory Steel-Wheel Roller. This. roller shall have. a minimum weight of 6 tons. The compactor shall be equipped with amplitude and frequency controls and'shall be specifically designed to compact the material on which it is used. It shall be operated in accordance with the manufacturer's recommendations or as directed by the Engineer. 4.) Straightedges and Templates. When directed by the Engineer, the Contractor shall provide acceptable 10-foot straightedges for surface testing. Satisfactory templates shall be provided as required by the Engineer. 5.) Alternate Equipment. When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used. H-e 6.) Inspection. It will be the Contractor's responsibility to provide .safe and accurate means to enable inspection forces to take all required samples, and to provide permanent means for checking the output of any specified metering device and to perform these calibration checks as required by the Engineer. 7.0) Responsibilities: (A). City: 1.) Will furnish all materials used on the project (HMAC, tack, prime, utility rings, etc.). 2.) Will supply flagmen and traffic control devices. 3.) Will haul and/or have hauled all HMAC material to job sites. 4.) Will set the limits of and depth requirements for all projects. 5.) Will provide general direction of the work, such as determining when and where projects are done, sequencing of the work and other. control of the projects. (B). Contractor: 1.) Shall provide all set-upon the project on limits and depths have-been provided. 2.) Shall provide the following equipment and manpower as laid out in their specifications. a b Shall provide crew supervisor(s) for direction of crew, contact, and inspection of project. Equipment with operators: 1.) shall provide a working order with operators type? ton lay-down paver in good Is paver of the "self-leveling" 2.) shall provide a ton steel wheel roller in good working order, suitable for HMAC paving, with operator. 3.) shall provide a ton steel wheel roller in good working order suitable for HMAC paving, with operator. H-f 4.) shall provide a gallon asphalt distributor in good working order with operator. 5.) shall provide a ton pneumatic tire roller in good working order with a operator. 3.) Shall provide two (2) qualified asphalt rakers with all tools associated with this type of work to produce smooth joints and good edge lines. 4.) Shall be responsible for all maintenance fuel for, and repairs for all such equipment. 5.) Insurance for general liability and automotive liability shall be carried by Contractor during the term of the contract. 8.0) Response. Contractor shall begin work within three (3) working days after the date of notification that his services are required, unless a delay is granted because of the weather or other factors that would prevent the work from taking place. 9.0) Project. Contractor will be furnished a list of proposed projects at the time of his selection. All square yard calculations of product shall be made at the completion of each project, and payment shall be made at the completion of each project, and payment shall be made at the completion of each project. Projects will be done singly or in groups throughout the term of the contract. Minimum placement ordered would be generally 1,200 square yards, more or less. 10.0) Basis of Payment. Payment for the HMAC placement will be made at the contract unit price per square yard and will include placing, grading, compacting, and finishing, labor tools, equipment, and incidentals necessary to complete the work. 11.0) Warranty. Contractor shall warrant all workmanship and product for period of one (1) year after completion of individual projects authorized by the City. H-g SUPPLEMENTAL GENERAL CONDITIONS ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which form a part of this Contract, as setforth in paragraph 1 of the General Conditions, "Contract and Contract Documents": Drawings: General Construction: Heating and Ventilating: Plumbing: Electrical: Specifications: General Construction: Heating and Ventilating: Plumbing: Electrical: Addenda: No. Date No. Nos. Nos. Nos. Nos. Nos. Nos. Nos. Page H-a to H-g , incl Page to ,incl. Page to ,incl. Page to ,incl. Page to ,incl. Page to ,incl. Page to ,incl. STATED ALLOWANCES Pursuant to paragraph of the General Conditions, the CONTRACTOR shall include the following cash allowances in his proposal: a. For (Page of Specifications) $ b. For (Page of Specifications) $ c. For (Page of Specifications) $ d. For (Page of Specifications) $ e. For (Page_ of Specifications) $ f. For (Page_ of Specifications) $ Date Date Date I-2 REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: ,FOR MONTH OF: _ 20 CITY OF PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 PORT ARTHUR; TEXAS 77640-1089 ATTENTION: Ross E. Blackketter. P.E., City Engineer/ Assistant Director of Public Works Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 Dates Lost: Days Lost (~ / 5 x 7 = Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar days. Disapproved. Date: 20 CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Public Works Director xc: Solid Waste Division Engineer Contractor CHANGE ORDER NO. Page of DATE: AGREEMENT DATE: NAME OF PRODUCT: OWNER: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE:$ CURRENT CONTRACT PRICE (adjusted by previous CHANGE ORDER):$ The Contract Price due to the CHANGE ORDER will be (increased/decreased) by: The new CONTRACT PRICE including the CHANGE ORDER will be: $ CHANGE TO CONTRACT TIME ORIGINAL CONTRACT TIME: CURRENT CONTRACT TIME (adjusted by previous CHANGE ORDER): CURRENT DATE OF COMPLETION: CONTRACT TIME due to this CHANGE ORDER will be increased by: New CONTRACT TIME including this CHANGE ORDER will be calendar days. The new DATE OF COMPLETION of all work will be: r PAGE 2 OF 2 DATE: CHANGE ORDER NO: NAME OF PRODUCT No other Terms of Conditions of the CONTRACT are changed as a result of this CHANGE ORDER. Contractor's acceptance of this CHANGE ORDER relieves the City of any liability for additional costs incurred by the Contractor in his performance of the work covered by the CHANGE ORDER. RECOMMENDED BY ENGINEER: REQUESTED BY: nature Contractor, officer or Owner Attest for Contractor CORPORATE SEAL ORDERED BY: City of Port Arthur, Texas ACCEPTED BY: Mayor, City of Port Arthur City Manager, City of Port Arthur City Secretary CITY SEAL APPROVED AS TO FORM: City Attorney CONFLICT OF INTEREST STATEMENT Please delineate all owners of your ,company. If you have any contractual business relationship or family relationship with any member of the governing body of the City or if you expect this to occur, please so state: NONE Signatur Anthony J. Censer (City of Porl Arthur) (Lew Department) (Required Form} (7/8/88) (10/SJB9) (3/15/90} (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CON1-RACY. FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract") affixed to the attached proposed Cily Council Resolution No. r ~ is an exact duplicate of an applicable standard form contract (the title of which is shown below) ' previously approved by the law department and adopted az e standard form by City Council Resolutlon, except for the. blanks that have been tilled in with all necessary information end except for the changes described below. The title of the applicable. standard form contract is [ J Federally Funded Construction Contract, Revised 1/5/B8, 7/89, B/89 () Non•Federally Funded Construction Contract, Revised 1/5/88, 7189, 8/89 (J Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/89 {§10) 7/89/(§8) [. J Non-.Federal -Professional Services • Engineering Contract, Revised 1/5/B8, 5/89(§10), 7/89(§8), 4/91 (J CDBG -Professional Services -Engineering Contract, Revised 1/5/88, 5/09 (§10). 7/89(§8) (J Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5109(§10), 7/89(§8). [ J Non-Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10). - ~~ ~ 7/89(§8). (J CDBG -Professional services =Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89(§8). Other Standard Form C(a~ntrect, described as foLlllo-ws: G.ovrRR-~T Fob /-c..tc.n...rf er '~°T'/~rlr ,'ISPHAL-rrc. ~-o~vo~ta-r-o~ The changes are as follows: (Put en 'X" in the appropriate (J) ~' None. [ j The following described provisions al the indicated page, section, etc. of the slanderd form have been deleted from said contract: DELETIONS Page Number Where Deleted Provision Is Found On slanderd Form Section or Paragraph No- end Ceplian Which Contains Provision Deleted From Form Subsection or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted (p.2 Revised 8/18/90] (Certificate of Standard Form Contract, page 2) J The following described provisions at the indicated page, section, etc. of the standard form have been altered, . modified, replaced or olhervrise changed: ,; ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC... Sub § or Sub 1( No. Page No. § or 9 No. & Caption & Caption bescriplion Where of ~ 01 of Provision Found Standard Form Standard Form Provision on which which In Standard Form Contains Provision Contains Provision Standard Form ] The following provisions have been added to Said Contract: Page, Secfion and Capfion Subsection and Caption, etc. of Said Contract Which Contains fFte Added Provision and Descrltition Thereof Page § & caption sub § & caption, etc, of said contract which contains altered, etc. provision; & Description of Alteration etc: I further certily that said attached proposed City Council Resolution contains the following provision: 'That said contract Is erl exact duplicate o1 a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit'B' and is hereby incorporated- by reference, and said changes are hereby approved.' I understand that this certificate will be relied on by the Law Department in reviewing and apptoving (or rejecting) as to Corm and by the City Council in reviewing and adopting (or rejecting) said Resolutloh.and Contract: Si ned this wC 9. ~- day of 5~...iar ,~' oo , Department Head or ~