HomeMy WebLinkAboutPR 22659: AUTHORIZING A CONTRACT WITH L & L CONTRACTORS City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit Director (OA
Date: July 6,2022
Re: P.R 22659—Repair of Port Arthur Transit's Canopy
Nature of Request:Authorize the City Manager to execute a contract with L&L General Contractors
to repair Port Arthur Transit's(PAT)canopy in the amount not to exceed$34,995.00.
Background: PAT's canopy is currently creating a health hazard to city employees due to the
presences of feces from the birds that inhabit it. Soutex Surveyors and Engineers designed the repairs
necessary to address the issues with the canopy.L&L General Contractors will provide the repairs to
update the canopy and address the ongoing bird issues.
Resolution No.21-300 authorized the City Manager to negotiate a contract with Soutex,Inc. for
engineering and design services for PAT's new storage building which included the repair of the
canopy. PAT issued an RFQ to repair the canopy and received 3 quotes that were evaluated by
Purchasing and PAT. PAT is recommending a contract be awarded to the lowest responsible bidder L
&L General Contractors to construct the repair of the canopy.
Recommendation:It is recommended that the City Council approve proposed P.R. 22659 for the
Repair of PAT's canopy in the amount not to exceed$34,995.00.
Budgetary/Fiscal Effect: Funding to pay for the construction is available in Account 401-70-530-
8512-00-60-000 Project TR1553.
P.R. No. 22659
7/6/2022 I M
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH L & L GENERAL CONTRACTORS OF BEAUMONT, TEXAS FOR
THE REPAIR OF PORT ARTHUR TRANSIT'S CANOPY LOCATED AT 325 DALLAS
AVENUE, PORT ARTHUR, TEXAS IN THE AMOUNT NOT TO EXCEED $34,995.00.
FUNDING IS AVAILABLE IN ACCOUNT 401-70-530-8512-00-60-000 PROJECT
TR1553.
WHEREAS, Port Arthur Transit(PAT) has received funding from the Federal Transit
Administration(FTA)to design and repair the canopy located at 325 Dallas Avenue, Port Arthur,
Texas; and,
WHEREAS, pursuant to Resolution No. 21-300, the City Council authorized the City
Manager to execute an agreement with Soutex, Inc. to design the repair of the canopy for
PAT; and,
WHEREAS, PAT issued a request for quotes from vendors to repair the canopy; and,
WHEREAS, three (3) quotes were received and evaluated by Purchasing and PAT, a
copy of the quote tabulation is attached hereto as Exhibit"A"; and,
WHEREAS, PAT is recommending that the City of Port Arthur by its City Manager
award L & L General Contractors, the lowest responsible bidder, as delineated in Exhibit "A";
and,
WHEREAS, a contract agreement between the City of Port Arthur and L & L General
Contractors is attached hereto as Exhibit"B".
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.
THAT,the City Manager is hereby authorized to enter into a contract with L & L
General Contractors, of Beaumont, TX to repair PAT's canopy located at 325 Dallas Avenue,
Port Arthur, Texas in the amount not to exceed $34,995.00.
THAT, a copy of the caption of this Resolution be spread upon the minutes of the City
Council.
,
P.R. 22659
7/6/2022 IM
READ, ADOPTED AND APPROVED this day of July, 2022 at a Regular
Meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman"Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Account 401-70-530-8512-00-60-000
Project TR1553
Ck- \ L) O'l_A- •\_
Ronald Burton Kandy Daniel
City Manager Interim Director of Finance
1(44.,Lk
Clifton Williams, CPPB Ivan itchell
Purchasing Manger Transit Director
P.R. 22659
7/6/2022 I M
Exhibit "A"
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P.R. 22659
7/6/2022 IM
Exhibit "B"
CONTRACT FOR THE REPAIR OF PORT ARTHUR TRANSIT'S CANOPY
THIS AGREEMENT, made this day of July , 2022, 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 L & L General Contactors
a(n) herein acting by and through
individual,firm, partnership,or corporation
hereinafter called "CONTRACTOR".
WITNESSETH:That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTO R agree as follows:
1. The term of this Contract shall be 10 calendar days after the start date on the Notice
to Proceed. The City can terminate this contract at its convenience which includes,
but is not limited to, funding not being available in any budget cycle with ten (10)
days written notice.
2. The Contractor will perform work as stated in the Contract Documents.
3. The Contractor will adhere to the requirement of not paying less than the prevailing
Davis Bacon Related Acts (DBRA) wage rates as specified in the Contract
Documents. These rates are minimums to be paid during the life of the contract.
4. 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 the
contractor in the specifications.
5. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the not to exceed
amount of$34,995.00.
6. The term "Contract Documents" means and includes the following
a. Agreement
b. Specifications
c. Quote
d. Federal Forms
e. Notice of Award
f. Notice to Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in (2 copies) each of which
shall be deemed an original on the date first above written.
Signed on this the day of 2022.
OWNER:
CITY OF PORT ARTHUR
BY
Ron Burton
City Manager
P.O. Box 1089
Port Arthur, TX 77641-1089
Signed and agreed on the day of ,2022.
CONTRACTOR:
L & L General Contractors
By.
Print Name:
Print Title:
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CITY OF PORT ARTHUR
QUOTE SHEET
, (Specifications are attached)
ort rthttr y-
Date of Request: June 16, 2022
Department Requesting Quote: Transit
Bid Number: Q22-009
Services Needed: Repair Canopy for Transit
Quote Due Date & Time: Wednesday, June 23, 2022 by 2:00 P.M.
Delivery: Quotes are to be faxed to (409)983-8291,
E-mailed to clifton.williams@portarthurtx.gov
Delivered to the Purchasing Div., 2nd floor, City Hall.
Questions, Please contact: Clifton Williams, Purchasing Manager,
C lifton.williams@portarthurtx.gov
Cost$ 34,995.00 Number of Calendar Days 10 days after reciept of materials
L & L General Contractors Ta.raiDaNi4
Company Name Signature
Tara Davis (409) 796-1344
Printed Name Phone
11988 FM 365 (409) 796-1341
Address Fax
Beaumont, TX 77705 landlinc@att.net
City,State,Zip E-mail
06.22.2022
Clifto illiams,Purchasing Manager Date
Page 1 of 1
FEDERAL CLAUSES
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to
that contract)pertaining to any matter resulting from the underlying contract.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
31 U.S.C. 3801 et seq.
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions
pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract for which this contract work is being performed. In addition to other penalties that
may be applicable, the Contractor further acknowledges,that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose
the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
3. ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert
name of recipient), the FTA Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FTA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract."
4. EQUAL EMPLOYMENT OPPORTUNITY
29 CFR Part 1630, 41 CFR Parts 60 et seq.
During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race,color,religion, sex,or national origin. Such action shall include,but not be limited to
the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin.
(3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or
other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,
regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by
law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the
event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by
the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United
States."
5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT
By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following:
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the
contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
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(3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the
Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
29 CFR § 5.5(b)
(1) Overtime requirements -No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such laborer
or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in paragraph(1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this
section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph(1) of this section.
(3) Withholding for unpaid wages and liquidated damages—The Owner shall,upon its own action or upon
written request of an authorized representative of the Department of Labor, withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section.
(4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
7. LOBBYING
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
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disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 44 C.F.R. PART 18 —CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person
who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
8. CLEAN AIR
42 U.S.C. § 7401 et seq.
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and
understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the
State of Texas, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole
or in part with Federal assistance provided by FTA.
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9. CLEAN WATER REQUIREMENTS
33 U.S.C. 1251 et seq.
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to
the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure
notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
10. PROCUREMENT OF RECOVERED
MATERIALS
42 U.S.C. 6962
(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA- designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing;for compliance with the contract performance schedule;
• (ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.
11. DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO,AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FTA pre- approval
12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FTA financial assistance will be used to fund the contract only. The contractor
will comply will all applicable federal law, regulations, executive orders, FTA policies, procedures, and
directives.
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