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HomeMy WebLinkAboutPR 21786: ISTALLATION OF SIDEWALKS FOR ADA • .411111*�� City of ort rthu r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 2, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, Director of Public Works RE: P. R. 21786 Introduction: Approval of Proposed Resolution No. 21786 approving an annual contract for installation of sidewalks for American with Disability Act(ADA)to Greenscapes Six, LLC of Baytown, Texas. Background: This will be the first annual contract for the installation of the required ADA compliant sidewalks. Budget Impact: Funds for the required ADA compliant sidewalks are provided in account number 001-1203- 531.36-00, Public Works Street Maintenance—City Streets with a projected budgetary impact of$200,000.00. Recommendation: It is recommended that City Council authorize the City Manager to approve P. R. 21786, as discussed and/or outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. 21786 2/2/21 - aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND GREENSCAPES SIX, LLC OF BAYTOWN, TEXAS FOR THE INSTALLATION OF SIDEWALKS WITH A PROJECTED BUDGETARY IMPACT OF $200,000.00. FUNDING AVAILABLE IN PUBLIC WORKS STREET MAINTENANCE — CITY STREETS,ACCOUNT NO. 001-1203-531.36-00. WHEREAS, the City of Port Arthur is required by the Americans with Disabilities Act (ADA) to install sidewalks that accommodate disabled citizens; and, WHEREAS, the City of Port Arthur's Purchasing Division advertised in the Port Arthur News on December 26, 2020 and January 2, 2021; and, WHEREAS, bids for installing sidewalks, as shown in Exhibit "A" were received and opened on January 6, 2021; and, WHEREAS, Greenscapes Six, LLC is the only bidder for the annual sidewalk contract; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is authorized to enter into a contract between the City of Port Arthur and Greenscapes Six, LLC of Baytown, Texas for the annual installation of sidewalks with an option to renew for one additional year, in substantially the same form attached as Exhibit B; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the day of , A.D. 2021 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor P. R. 21786 2/2/21 - aw Councilmembers: Noes: Thurman"Bill"Bartie Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: ko,f0L. (10 Ron Burton Kandy Dani City Manager Director of Finance Okilikkt& Alberto Elefano Clifton Williams Director of Public Works Purchasing Manager P. R. 21786 2/2/21 - aw Exhibit A U 1.4 a b aC CN cn 'yam O O O O O O O O O O O O O O J y a O O O O O O O O O O O O O O O Oi OT C Otr.; vi O vi O O O 3 04 0 a EA EA EA EA 69 EA EA EA EA EA EA EA IA E cas z a, z a 11 y ,—, W• ) " c'ii 0 avi cn aUU cn cn —1cncn to W g - ,v o � acro' x ,o cc o o _ a C ►, V - w o Q .0 o - v CO VD ^ H m ..° ° e' ° o 0 0 � ^ ig ti AW., a O u on C. "v ., ° CY a o d C/3 CA ^ OC °_' � � >... ,S4 n ° en U �. � `� = a O R o 0 t U ,�°' U .� b ;; U U H o FV .00 © G - > -o o 5 oo a0i °s4 0 ami c 0 U -^"A Cn "Zi = II U a i. bo:0 3 Q '�,' 3 g W a = , , t C '> c . . . vo x . c o°,o k o C7 .n >,, �; a '„ A E c a o o W W to d a 3 .�e1-. cd cil m E, o d v h 0 0 o U = 0 -• �. U a) • i d0 U U U ° aUi •w ai �C 7a > 0 A3a � o s o 0 (71 .o . E = a) L) a . . . va c4 0 Q E E o ^o 0 .� C 7 o .o a V1-1N M V'1 —, .-� .-•. •--- CA en N O OOOOOOOOOOOO 0 0 V•Q o V 1 O C Z _ 0 � �t � ct V O N N 0 a\ 0 .--. ,--, E O O 0 0 0 M VO N en en en M - �y ,--, — .-. — .--- en in tel Vl in kel a) I—$ P. R. 21786 2/2/21 - aw Exhibit B ANNUAL CONTRACT FOR INSTALLATION OF SIDEWALKS THIS AGREEMENT,made this the_of , 2021, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER"or"CITY", and Greenscapes Six, LLC , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1)year from the date stated on the Notice to Proceed with an option to renew for one additional year, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes,but is not limited to, funding not being available in any budget cycle within fifteen(15) days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required 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 the prices as stated in the attached bid. 4. The term"Contract Documents"means and included the following: (A) Agreement (B) Invitation to Bid (C) General Information (D) Specifications (E) Bid (F) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties 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 of the date first written above. OWNER CONTRACTOR BY: BY: Ron Burton Greenscapes Six, LLC City Manager Port Arthur, Texas City of Port Arthur Print Name: Title: THURMAN BILL BARTIE,MAYOR RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of \ CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR ,r 1 t r t It U .► CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III Texas VAL TIZENO KENNETH MARKS CITY ATTORNEY KAPRINA FRANK DECEMBER 30,2020 INVITATION TO BID ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,January 6, 2021. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 6, 2021 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P21-015 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 26 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 26 INVITATION TO BID ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 26 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE 14 B. NON-COLLUSION AFFIDAVIT— PAGE 15 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 16 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 17 & 18 E. CHAPTER 2252 CERTIFICATION—PAGE 19 F. HOUSE BILL 89 VERIFICATION—PAGE 20 Page 4 of 26 SCOPE OF WORK ANNUAL CONTRACT TO INSTALL SIDEWALKS FOR THE CITY OF PORT ARTHUR 1. Remove landscapes, planters, asphalt overlay, concrete pavement and curb, flexible base, surfacing, driveways and sidewalks as necessary for construction in accordance with the details shown on the plans or as directed by the Engineer. 2. Remove concrete curb and or combined concrete curb and gutter in accordance with the details shown on the plans or as directed by the Engineer. 3. Place new concrete sidewalk pavement, curb and gutter, walkways, driveways and wheel chair ramps in accordance with the details shown on the plans or as directed by the Engineer. 4. Return all R.O.W. elevations at sidewalk and walkway edges, behind curb and wheel chair ramps corners and all areas of disturbance to preconstruction grades or to elevations shown on plans. Dress-up these areas as required by plans and specifications. It is the intent of these Contract Documents to provide for the complete removal (except as noted on the plans) of all existing pavements, driveways, sidewalks, drainage lines and structures and other structures which lay within the proposed right-of-way and to provide for the complete construction of curb, gutter, sidewalks and driveways. Hot-mixed asphaltic concrete with flexible base, storm sewer line and structures and such incidental items as may be required by these Contract Documents, will be constructed in strict compliance with and will adhere to all requirements as specified in and by construction specifications as adopted by the City of Port Arthur and the Texas Department of Transportation (TxDOT-November 2014), by manufacturers specifications and by standard engineering practice. Successful completion of the project will be judged on the basis of technological correctness of construction, aesthetics or finish and vehicular ride performance. SPECIAL CONSIDERATIONS The work required by these Contract Documents will occur within the boundaries of a residential and light commercial area. It is the intent of the City of Port Arthur that unfavorable impact by the Contract work, on said business and residences shall be minimized. The Contractor shall notify in writing, at least forty- eight (48) hours prior to beginning work, all businesses and residences which are expected to be affected by said work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the plans and Contract Documents. Traffic flow through and around the construction area(s) shall be in accordance with the approved traffic control plan and shall be maintained with as little disruption as possible. Barricades,lights, signs and other traffic control devices shall, on a timely basis, be installed and maintained in accordance with the Texas MUTCD and provisions of these Contract Documents as approved by the Engineer. Page 5 of 26 The Contractor shall work closely with the various utility owners and assure prompt access to their equipment for service or adjustment. The Contractor shall be e solely responsible for coordination the work with any utility owner which may be affected by the work. Additionally, forces of the City of Port Arthur, in order to secure the safety, welfare and convenience of the citizens of Port Arthur, must provide services on both emergency and normal, continuing basis. Provisions of these services may require City forces to work within or around the construction area prescribed by this project. While it is anticipated that the construction schedule impact induced by the work of City and utility crews will be minimal, the Contractor, by affixing proper signature to these Contract Documents, agrees to indemnify and hold harmless the City of Port Arthur from any and all claims of damage or delay, incurred or alleged to have incurred,in connection with the work of said crews. I. Asbestos Handling/Abatement — The Contractor is made aware that existing underground conduits encountered maybe Transite pipes. It is the Contractor's responsibility while performing all proposed work under this contract to be familiar and compliant with all applicable Texas Department of Health (TDH), Occupational Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) guidelines for asbestos abatement; including all special training requirements, medical monitoring, respiratory protection, and various personal hygiene practices. II. Contractor shall employ the services of a licensed abatement contractor to insure proper worker protection and documentation that the piping was handled and disposed of properly. CONTRACT TERM Contract will be one year with the option to renew for one additional year Page 6 of 26 General Notes and Specifications The Contractor will establish the project control point, points, or tangency, PI's (points of intersection), point of curvature (PC, PI, and PT) and bench marks at the beginning and end of the project on plan view only. Contractor shall establish and maintain these points through construction. There will be no separate payment for this work, but it shall be considered subsidiary to various bid items. The original horizontal and vertical control was established by the Consulting Engineers. The Contractor shall furnish all lines, grades and bench marks, other than those specified above. All authorized waste material shall become the property of the Contractor and shall be properly disposed of at a location appropriate/permitted for the waste material. Roadway limits and structure locations are approximate and may be adjusted to meet field conditions. Contractor must verify all locations with the Engineer prior to performing work. The Contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The Contractor shall allow City forces to enter this project to accomplish such work as shown in the plans(by others) and as may be deemed necessary by the City. All drainage structures shall be cleaned and out fall channels unobstructed at the time of acceptance by the City. Ingress and egress to the adjacent property shall be maintained by the Contractor at all times. Matting over the pavement will be required as directed by the Engineer. This work will not be paid for directly and shall be considered subsidiary to various bid items. The City's Testing Agency will sample all concrete, make and test all beams and cylinders in accordance with the test methods provided for under the appropriate standard specifications for the various items. The approximate location of the known underground utility installations is shown on the plans. The Contractor shall be responsible for confirming the location of these utility lines and the exact location of any others which may exist. It shall be the Contractor's responsibility to notify the utility involved in case of conflict or damage and the Contractor shall be responsible for damage that occurs due to negligence. Where the Contractor encounters abandoned lines and they interfere with the construction of this project, they shall be removed and disposed of. There will be no direct payment for this work and it shall be considered subsidiary to the various Bid Items of the Contract. All materials, labor and incidentals required for the Contractor to provide for traffic across the streets and for temporary ingress and egress to private property shall be furnished by the Page 7 of 26 Contractor at no additional cost to the City and shall be considered as incidental to the Bid Items of this project. All work, unless specified otherwise, shall be done in accordance with Texas Department of Transportation's, Standard Specifications for Construction of Highways, Streets and Bridges, adopted June 1, 2004. Construction of the Project shall be accomplished in the construction sequence as follows: Phase I: 1. Install Pedestrian traffic control. 2. Construct Sidewalks as shown on plans. Barricading and securing construction site shall be in place during and after construction overnight. 3. Install sodding and signage as required as shown on drawings. If the Contractor has a need to adjust, open or remove the top of manholes belonging to any utility other than the City, the Contractor shall first contact the utility for direction, instruction and coordination. No manhole shall be adjusted, opened without explicit approval of the utility involved. Bid quantities are estimated only to give an indication of the general scope of work. The Contractor is responsible to apply and file all storm water grading, TCEQ and MS4 permits. Application and permit fees shall be at the Contractor's expense. There will be no payment for Materials at Hand. Page 8 of 26 Item 104: Existing sidewalk concrete (4" to 6") to be removed shall be saw cut full depth and removed to the lines shown of the drawings. Saw cutting full depth of concrete work shall be subsidiary to this item. Item 110: Concrete and/or asphalt sidewalk requiring removal for excavation shall be saw cut full depth prior to removal. Saw cutting is subsidiary to this item. All stabilized material and base material shall be included as sidewalk excavation and will not be paid for directly and will be considered subsidiary to various bid items. Excess excavation shall become the property of the Contractor and shall be disposed of at a proper disposal site outside of the project limits. This is a plans quantity measured item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, "Plans Quantity Measurement". Item 132: The embankment shall be Type A and placed by "Ordinary Compaction" using a mechanical compaction device which does not include a backhoe or trackhoe. Type A Embankment shall obtain a minimum PI of 20 and a maximum PI of 35. This is a plans quantity measured item. The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2, "Plans Quantity Measurement". Item 162: All disturbed areas on the embankment by the sidewalk construction at ROW shall be block sodded with ST. Augustine grass. Item 300: Asphalt, Oils and emulsion shall conform with all the requirements set out in the provisions in Item 300. Item 340: Saw cutting of asphalt to square edges as required by the engineer shall not be a pay item but shall be subsidiary to this item. the Engineer, to cover a section of concrete pavement 400 feet long and 30 feet wide. Prefabricated deformed wire mats are permitted on this project. Item 421: Class A concrete shall be used for all sidewalks, driveways and curbs. Page 9 of 26 Item 502: The traffic control plan (TCP) shall conform to the BC (1) - (12) - (07) Standards and Part VI of the Texas Manual of Uniform Traffic Control Devices and as shown on the plans. The Contractor shall submit the City for approval any TCP change prior to implementation. The approval by the Engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. The contractor shall submit and maintain a SW3P plan. This includes containing all silt in the project site and removing material that has tracked off of the project. Item 529: One half inch fiber board expansion joints shall be placed as a minimum every 60 feet along the curb & gutter concrete sections. Additionally, 3/8" deep, trowel groove control joints shall be placed every 10 feet, as a minimum, along the concrete curb & gutter sections. Payment shall not be made for this work directly, but shall be subsidiary to this item. Reinforcing bar is required in curb. Item 531: Repair portions of the concrete sidewalk pavement surfaces that are cracked and damaged while in a plastic state before that area opens to traffic. Perform repairs that are shown on the drawings or structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. Prefabricated deformed wire mats will be permitted on this project for sidewalks. Backfilling sidewalk edges will not be paid for directly and shall be considered subsidiary to this bid item. The dowel support assemblies used in concrete sidewalks shall be placed in a manner that dowels shall be rigidly supported in parallel positions on the support frame. The support assembly shall be subject to the approval of the Engineer. A 4 feet sidewalk shall be grooved at every 4 feet and a 5 feet sidewalk shall be grooved at every 5 feet 5 feet transversely respectively, as shown in the drawings. A minimum of 3/5th of each dowel bar shall be coated with a lubricant. The coating shall be placed on opposite ends of successive dowels. Concrete placement will not be permitted when impending weather conditions, in the opinion of the Engineer, may result in rainfall or low temperatures which will impair the quality of the finishing work. All sidewalks shall be constructed in conformance with TDLR standards. All ramps shall meet the requirements set forth by ADA and state standards. Page 10 of 26 Item 752: Cutting and or trimming of tree roots shall not be paid for separately but will be considered subsidiary to various bid items GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation (TxDOT) 2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TxDOT 2014 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: STANDARD SPECIFICATIONS (TxDOT): Item 104 Removing Concrete Item 110 Excavation (132) Item 132 Embankment Item 162 Sodding for Erosion Control Item 216 Proof Rolling Item 247 Flexible Base Item 300 Asphalts, Oils, and Emulsion Item 340 Dense-Graded Hot-Mix Asphalt Item 400 Excavation & Backfill for Structures Item 440 Reinforcing Steel Item 500 Mobilization Item 502 Barricades, Signs &Traffic Handle Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 529 Concrete Curb & Gutter (360) (420) (421) (437) (440) (526) Item 530 Intersections, Driveways and Turnouts Item 531 Sidewalks Item 752 Tree and Brush Removal Page 11 of 26 SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project.The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments,that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T O: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Bryan Smith Water Distribution M: 409.718.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Curtis Newman Drainage Superintendent M: 409.365.7184 Entergy 0: 409.982.5830 Pauline Oliver M: 409.679.6154 Spectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. Page 12 of 26 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS,SEQUENCE OF WORK,ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project, it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project, and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project,the contractor shall submit in writing, for approval by the Engineer,a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan, Barricades and Traffic Control Standards; BC(1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers, portable barricades, pavement markings, and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work, on businesses and residences, shall be minimized. The Contractor shall notify in writing, at least forty-eight (48) hour prior to beginning any phase of work, all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer structures where storm water will flood properties and roadways. This will not be paid for separately,but will be considered subsidiary to various bid items. • Insure that safe access is provided to bus stops, bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. Page 13 of 26 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Annual Contract for Installing Sidewalks BID DUE DATE: January 6, 2021 Item Item No. Code Description UOM Unit Price Removing Concrete(Curb,Gutter,Combined 104 001 LF Curb&Gutter) $ 104 002 Removing Concrete(Walkways)(4"to 6") SY $ 104 003 Removing Concrete(Driveways)(4"to 6") SY $ 104 004 Removing Concrete(Sidewalks) (4" to 6") SY $ 104 005 Removing Concrete(Gutter)(6"to 8")(Incl. Saw LF Cutting) $ 110 001 Excavation CY $ 132 001 Embankment CY $ 162 001 Sodding for Erosion Control(St.Augustine Grass) SY $ 340 001 Dense Graded Hot Mix Asohalt(Small Qty)(TY. SI, F) (0" -2") $ 529 001 Concrete Curb,Gutter,and Combined Curb and LF Gutter $ 530 001 Driveways(4") (Class A) SY $ 531 001 Sidewalks(5')(4") (Class A) SY $ 531 002 Walkways(4')(4")(Class A) SY $ 531 003 Wheel chair Ramps (Ty. 7)(4") Incl. Truncated EA Domes) $ COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 14 of 26 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me by the above named on this the day of , 20 Notary Public in and for the State of Texas My commission expires: Page 15 of 26 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSE ONLY This questionnaire is being filed in accordance with Chapter 176. Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(t-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J n I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) • Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No ▪ Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 17 of 26 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state.or local governmental entity or an agency of a federal,state,or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B).excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 18 of 26 House Bill 89 Verification I, (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public Page 19 of 26 SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned an representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative Date Page 20 of 26 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 21 of 26 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. Page 22 of 26 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 23 of 26 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 24 of 26 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 25 of 26 JOB EXAMINATION: Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. Page 26 of 26 / \ GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I TRUCKING City of Port Arthur ANNUAL CONTRACT FOR SIDEWALK INSTALLATION GREENSCAPES SIX, LLC 7020 FM 3180 BAYTO W N, TX 77523 (713) 714-3500 Mike Archer, Managing Partner marcher@greenscapes6.com Joey Taylor, Managing Partner jtaylor@greenscapes6.com GREENSCAPES SIX, LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 _ TY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Annual Contract for Installing Sidewalks BID DUE DATE: January 6,2021 Item Item No. Code Description UOM Unit Price Removing Concrete(Curb,Gutter,Combined 104 001 Curb&Gutter) LF $ 2 7.0 0 104 002 Removing Concrete(Walkways)(4"to 6") SY $ 29. 00 104 003 Removing Concrete(Driveways)(4"to 6") SY $ 2 9.00 104 004 Removing Concrete(Sidewalks)(4"to 6") SY $ 29.00 104 005 Removing Concrete(Gutter)(6"to 8")(Incl. Saw LF Cutting) $ 3 0.0 0 110 001 Excavation CY $ 3 5.0 0 132 001 Embankment CY $ 5.00 162 001 Sodding for Erosion Control(St. Augustine Grass) SY $ 9.00 340 001 Dense Graded Hot Mix Asohalt(Small Qty)(TY. S1, F)(0" -2") $ 25.00 529 001 Concrete Curb,Gutter,and Combined Curb and LF40.00 Gutter $ 530 001 Driveways(4")(Class A) SY $ 65.00 531 001 Sidewalks(5')(4")(Class A) SY $ 60.00 531 002 Walkways(4')(4")(Class A) SY $ 60.00 531 003 Wheel chair Ramps (Ty. 7)(4")Incl.Truncated EA Domes) $ 7 0 0.0 0 GREENSCAPES SIX, LLC 7020 FM 3180 COMPANY NAME STREET ADDRESS ALS SIGNATURE OF BIDDER P.O.BOX MIKE ARCHER BAYTOWN TX 77523 PRINT OR TYPE NAME CITY STATE ZIP MANAGING PARTNER 713 714-3500 TITLE AREA CODE TELEPHONE NO marcher@greenscapes6.com EMAIL FAX NO. Page 14 of 26 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I TRUCKING EXECUTIVE SUMMARY CONTACT Mike Archer Managing Partner (713) 501-7456 marcher@greenscapes6.com COMPANY HISTORY Greenscapes Six, LLC registered with the State of Georgia May 22, 2015 and then the State of Texas soon after. With a hand-full of exceptions, all projects have been performed in Texas. The Greenscapes Six team, led by industry veterans Mike Archer and Joey Taylor, has performed construction projects for over three decades, completing over$250 million of projects including recent assignments at City of Port Arthur, City of Conroe, City of Tomball, and River Oaks Country Club. Greenscapes Six offers a platform of solution-based resources transferable across the concrete, landscape, irrigation construction and maintenance industries. Many clients, including municipalities and improvement districts, seek skilled teams to perform parking lot, streets, sidewalk, curb and gutter, concrete construction, and more, all of which are in the wheel-house of Greenscapes Six. QUALIFICATIONS Greenscapes Six holds annual concrete contracts with a number of municipalities as well as project-specific contracts on concrete services. These include numerous contracts with City of Port Arthur, a $966,000 contract with the City of Pearland, a $262,000 sidewalk construction contract with the City of Tomball, a $266,000 contract with the City of La Porte, and annual concrete service contracts with the City of Alvin and the City of Port Arthur among others. Please see the attachments entitled "References" for more information on Greenscapes Six, LLC qualifications. Here is a quote from one of our customers regarding our work. "Recently, Greenscapes Six completed sidewalk repair and renovation work for us here at the City of La Porte.The work was done quickly and professionally by skilled people with great attitudes. The work was performed with minimal disruption and disturbance to the adjacent areas. We asked them to do many scattered repairs to the sidewalk system which could have been a logistical problem for some companies; not for Greenscapes Six.They moved all over the City with care and completed the work on time and on budget. We appreciated the professional work and look forward to future projects." -David McAdams, City of La Porte Inspector GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 (*. GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I TRUCKING RESUMES MIKE ARCHER MANAGING PARTNER/FOUNDER Mike has over 25 years of experience in golf, landscape, and commercial development/construction. His experience includes a diversified range of projects for a variety of clients. Mike received his B.S. Degree from Texas A&M University in Agronomy-Turfgrass Management with a specialization in Business Administration. Mike began his career as a project superintendent for Landscapes Unlimited overseeing both renovation and new construction projects across the United States. While at Landscapes Unlimited, Mike was promoted to Regional Project Manager which included a wide range of projects in Arkansas, Texas, Oklahoma, and Louisiana. Mike grew this to be one of the largest regions producing $15 million to $25 million per year. In 2003 Mike went on to project manage residential and commercial development in Austin, Texas including the site development for Wolf Creek Commercial Park. In 2007, Mike joined the Sequoia Golf team and was selected to oversee all capital improvement projects for all golf courses in Texas and Colorado. Under Mike's leadership, Sequoia expanded Sequoia's in-house construction operations by developing a specialized division to service third-party clients on schedule and within budget. Mike is a strong construction executive who is dedicated to client satisfaction as well as helping co-workers and employees achieve their highest performance and overall company performance. JOEY TAYLOR MANAGING PARTNER/FOUNDER Joey hos over 10 years of experience in landscapes construction and maintenance for parks, recreational areas and golf course construction/development both nationally and internationally. Joey graduated from Lamar University in Beaumont, TX with a BS in Business Administration. Joey started his career as a principal in his own landscape, construction and maintenance company. He then became o project superintendent for Landscapes Unlimited overseeing a wide range of projects from $20,000 to $21 million. Prior to forming Greenscapes Six, Joey was responsible for completing all capital improvement projects for Sequoia Golf, the second largest golf course owner/operator with over 50 courses. Joey tokes a collaborative team approach to every project while maintaining the upmost level of professionalism and integrity to ensure a quality product and good working relationship between his crew and client. GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 GREENSCAPES SIX CONCRETE GOLF ATHLETIC IRRIGATION LANDSCAPE TRUCKING LUKE KINCAID PROJECT SUPERINTENDENT Luke Kincaid has over 5 years' experience on a number of projects ranging from municipal concrete work to golf course construction projects. His duties have included supervising concrete crews for the removal and replacement of city sidewalks, tracking daily totals of all contract worked performed, moving and directing labor and equipment resources to perform all work and ordering and receiving material and deliveries. Luke has worked on numerous notable concrete projects for clients including the City of Conroe, City of Pearland, City of Alvin, City of Tomball, City of Port Arthur, and more. Luke is an experienced superintendent able to direct crews and operations in a time and cost efficient manner while ensuring optimal project quality. GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 (g6 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I TRUCKING Previous Contracts & References City of Port Arthur, TX Adam, City Inspector 409-853-7471 Sidewalk, Parking Lot, Roads, Driveways, Drainage, etc. $1 ,312,000.00 City of Pearland, TX Mark Graham, Public Works Superintendent 281-652-1797 Concrete Construction $933,247.00 Harris County, TX Gibran Becerra, County Inspector 281-770-0611 Concrete Construction $831,432.12 City of Tomball, TX Justin Pruitt, Construction Manager (832) 948-2840 Concrete/Sidewalk Construction $262,660.00 City of La Porte, TX Kanard Givens, Project Manager 830-377-7965 Concrete Construction $266,00.00 GREENSCAPES SIX, LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law req ui res that you file an updated I I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) =-t Name of local government officer about whom the information is being disclosed. NONE Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). J Aa'` 1-6-2020 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 9 of 18 .TY OF PORT ARTHUR.TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ;/*/-jc Printed Name: MIKE ARCHER Title: MANAGING PARTNER Company: GREENSCAPES SIX, LLC _ Date: 1/6/2020 SUBSCRIBED and sworn to before me by the above named - MIKE ARCHER on this the 6 day of JANUARY , 20 21 . haa,,i43----, _ , • ary Public in and or the JODIE MCADAMS tate of Texas Notary Public.State of Texas . +e Comm Expires 10-10-2021 /07/0 of Ns,' Notery ID 11614862 My commission expires: Page 15 of.26 AFFIDAVIT All pages in OfTeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. GREENSCAPES SIX, LLC 1/6/2020 Fir Name Date isz..6, 7 MANAGING PARTNER Authorized Sign' ture Title MIKE ARCHER 713-714-3500 Name (please print) Telephone marcher@greenscapes6.com Email STATE: TX COUNTY: CHAMBERS SUBSCRIBED AND SWORN to before me by the above named MIKE ARCHER on this the 6 day of JANUARY 20 21 -.- 411,!'4,4!„ 11,!',,, JODIE MCADAMS •.% / ! ��—/'/�� t *.•••... otary Public �j.;k6 Notary Public.State o;Texas ?9'.�'`�. Comm. Expires 10.10.2021 e'%.;;t1,V Notary ID 11614862 mr,I ura� I rii 7►rrT AVIT AS PART OF THE BID PROPOSAL. Page 16 426 House Bill 89 Verification MIKE ARCHER (Person name), the undersigned representative (hereafter referred to as "Representative") of GREENSCAPES SIX, LLC _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur: and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE 0 REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 6 day of JANUARY , 20 21 . ter&eJ;--dil JNotary Public Pa,c 11 0r 18 SB 252 CHAPTER 2252 CERTIFICATION MIKE ARCHER ,the undersigned an representative of GREENSCAPES SIX, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. MIKE ARCHER Name of Company Representative(Print) Signature of Company Representative 1-5-2021 Date Page 12 of 18 ACoR� CERTIF�4TE OF LIABILITY INSURANO I VMc03/26J 020'rl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Blankenship CIC NAME: Rust Ewing Watt and Haney,Inc. PHONE Fitt: (409)934-8000 FAX No): (409)935-1883 7900 Emmett Lowry Expressway AADMDARESS: karen_blankenship@rustewing.com INSURER(S)AFFORDING COVERAGE NAIC N Texas City TX 77591 INSURER A: National Trust Insurance Company INSUREDINSURER B: FCCI Insurance Company Greenscapes Six,LLC INSURER C: Service Uoyds Insurance Co 43389 7020 FM 3180 Rd INSURER D: INSURER E: Baytown TX 77523 _INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 All Lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE NSD wvo POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDlYYW) (MM/DDJYYYY) X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCES 1.000,000 DAMAGE RENTED CLAIMS-MADE X)OCCUR PREMSESO(Ea occurrence) S 100,000 MED EXP(Any one person) $ 5,000 A CPP100055921 03/27/2020 03/27/2021 PERSONAL&ADV INJURY $ 1,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2.000,000 X POLICY I I JE Q n LOC _PRODUCTS-COMP/OP AGG $ 2.000,000 X OTHER: Limited Pollution Liability Work Sites Aggregate s 100,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED -SCHEDULED CA100055922 03/27/2020 03/27/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY ^_ AUTOS ONLY (Per accident) Underinsured motorist S 1,000,000 UMBRELLA UAB ,...'"y""V "'gNIV"' 5,000,000 X X OCCUR EACH OCCURRENCE S B EXCESS LIAR CLAIMS-MADE UMB100055923 03/27/2020 03/27/2021 AGGREGATE S 5.000,000 DED RETENTION S $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABIUTY YIN X]STATUTE ER CANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA SLICWCO272600 03/27/2020 03/27/2021 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1.000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Any One Item $50,000 Contractors Leased/Rented Equipment A CPP100055921 03/27/2020 03/27/2021 Any One Occurrence $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) The General Liability and Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder and the General Liability,Auto,and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation wording to the certificate holder. These endorsements,to the extent provided in the policy,all apply when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy will pay for a covered loss on a primary basis and the Company will not seek contribution from the Certificate Holder for such loss.Umbrella policy follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN "'SAMPLE"' ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A. e. o4 ©1988-2015 ACORD CORPORATION. All rights reserved. ar^(NDl1 14 19Mt/1141 Tho Ar'r Qn n.nun enrl Innn nrn rank:415mrl n,nrke of A(Y11711