HomeMy WebLinkAboutPR 15435: HAULING OF SOILS CONTRACT - REDWINE ENTERPRISES, INC.PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitrgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #15435 -Providing and Hauling of Soils Contract
DATE 06 August 2009
RECOMMENDATION:
It is recommended that the City Council <~pprove Proposed Resolution No. 15435,
authorizing an annual contract for the providing and hauling of soils materials (Fill sand,
60/40, and Clay) to Redwine Enterprises, Inc., of Port Arthur, Texas. This service will be
provided on an AS-NEEDED BASIS.
BACKGROUND:
This is an annual contract for the providing and hauling of soils for the Public Works
Department and other City departments. Historically, the City landfill, the Streets Division,
and Parks Department have been the major users of this service.
The Purchasing Division advertised on this contract in the Port Arthur News on July 5 and
July 12, 2009. Bids were opened on July 27, 2009 with four (4) eligible bids being received
(see attached bid tabulation). The bid from Redwine Enterprises, Inc. was found to be the
lowest and most responsive for fill sand, 60/40, and clay, as follows:
Redwine Enterprises, Inc. of Port Arthur, Texas
ITEM
NO. ITEM UNIT UNIT
COST Contractor
Soils Delivered Within
the Ci of Port Arthur
1 Fill sand CY .40 Redwine
2 60/40 CY $4.40 Redwine
3 Cla CY 3.72 Redwine
4 To soil CY $6.00 Mid Coun
Soils Picked Up by City
of Port Arthur Trucks
1 Fill sand CY 1.85 Redwine
2 60/40 CY $1.85 Redwine
3 Cla CY $1.50 Redwine
4 To soil CY $3.00 Mid Count
Haulin of Materials Full Partial
1 Limestone TON $4.25 Neg. Carla's Transport
2 HMAC T Mat. TON $5.50 $8.00 J. M. Kaufman
3 Cement-stabilized Sand TON $4.25 Neg. Carla's Transport
4 Concrete Debris TON $4.50 Neg. Carla's Transport
30-min Wait Time HR $55.00
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* NOTE: Previously, this contract was awarded to a single contractor. Due to the
number and variety of bids, these contracts will be awarded to different contractors in
different resolutions.
These bids were reviewed by the Public Works staff and Purchasing Manager, and is
considered to be the fair market value for this service and in line with past costs. The
contractor is not guaranteed any minimum amount of work under this contract.
BUDGETARY/FISCAL EFFECT:
Funds are provided in the Public Works Budget and other departmental budgets.
EMPLOYEE/STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels at this time.
SUMMARY
It is recommended that the City Council .approve Proposed Resolution No„ 15435,
authorizing an annual contract for the providing of soils and hauling of materials (Fill sand,
60/40, and Clay) to Redwine Enterprises, Inc.. of Port Arthur, Texas. This service will be
provided on an AS-NEEDED BASIS.
I~~
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
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P.R. INo. 15435
08/06/09 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE FIRST YEAR OF A CONTRACT WITH REDWINE
ENTERPRISES, INC. OF PORT ARTHUR, TEXAS FOR THE
PROVIDING OF SOILS MATERIALS WITH THE OPTION OF
RENEWAL FOR TWO ADDITIONAL YEARS WITH PRICES BEING
AD]USTED ACCORDING TO THE TRANSPORTATION CONSUMER
PRICE INDEX. FUNDING IS AVAILABLE IN ACCOUNT NO. 403-
1274-533.59-02
WHEREAS, the City advertised for bids for providing soils materials on July 5, 2009 and
July 12, 2009 ;and,
WHEREAS, four (4) bids were received; and,
WHEREAS, Redwine Enterprises, Inc. was the lowest responsive bidder for Fill Sand,
60/40, and Clay, see attached exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Manager is hereby authorized to execute the first year of a~ contract
attached hereto as Exhibit "B" for providing soil materials (fill sand, 60/40, and clay) with the
option of renewal for two additional years with Redwine Enterprises of Port Arthur, Texas with
each subsequent year's price adjusted according to the transportation Consumer Price Index;
and,
THAT, funding is available in FY2009 Budget Account No. 403-1274-533.59-02,and,
THAT, Pat Redwine of Redwine Enterprises, Inc. shall sign this resolution agreeing to
the terms thereof; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. IVo. 15435
Page 2
READ, ADOPTED AND APPROVED this the day of
2009 at a
Ayes:_ Mayor:
Councilmembers:
A.D.
meeting of the City of Port Arthur, Texas by the following vote:
Noes:
Attest:
City Secretary
APPROVED AS TO FORM:
~~~
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitrgibbons
City Manager
~~
Ross E„ Blackketter, P.E.
Director of Public Works
AGREED TO:
Pat Redwine
Redwine Enterprises, Inc.
Mayor
APPROVED AS TO AVAILABIt_ITY OF
FUNDS:
~~
Deborah Echols,
Director of Finance
J~/L'~~-~~' -
Shawna Tubbs
Purchasing Manager
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EXHIBIT B
CONTRACT FOR PROVIDING AND HAULING OF SOILS
THIS AGREEMENT, made this 11'i' clay of August , 2009, 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
Redwine Enterprises, Inc. a(n) _ Individual herein acting
Individual, firm, partnership, or corporation
by and through Pat Redwine _ hereinafter called "CONTRACTOR".
WITNESSETH: That, for and in consideration of, the payment terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. 'The term of this Contract shall be from 11 August 2009 to 11 August 2010 .
It shall be renewable by mutual agreement for two (2) additional one-year
periods. Prices quoted for the first year of the contract shall be firm, and shall
be indexed for the next two (2) years using the Consumer Price Index catE:gory
"Transportation". Each subsequent yearly contract renewal shall require
approval of the City Council.
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 ins the
Specifications and contract documents and comply with the terms therein for unit
prices as stated below:
SOILS DELIVERED WITHIN THE CITY OF PORT ARTHUR
Item Unit Cost
Fill Sand $ 4.40/CY
60/40 $ 4.40/CY
Clay $ 3.72/CY
SOILS PICKED UP BY CITY OF PORT ARTHUR TRUCKS
Item Unit ost
Fill Sand $ 1.85/CY
60/40 $ 1.85/CY
Clay $ 1.50/CY
Z:\engineer\Documents\Soils and Hauling\Soils G~ntract-09.doc
4. The term "Contract Documents" means and included the following:
(A) Agreement
(B) Advertisement for Bids
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
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,, the Agreement in two (2) copies, each
of which shall be deemed an original on the date first above written.
OWNER
BY:
CONTRACTOR
BY:
City Manager
Stephen B. Fitzgibbons
Printed Name
Printed Name
Z:\engineer\Documents\Soils and Hauling\Soils G~ntract-09.doc
DELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM
COUNCIL MEMBERS:
JACK CHATMAN, JR.
MORRIS ALBRIGHT, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
July 6, 2009
Cif
c
INVITATIIJN TO BID
EXCAVATING AND HAULING OF MATERIALS
STEPHEN FITZGIBBONS
CITY MANAGER
TERRIHANKS
CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 P.M., Central
Standard Time, Wednesday, July 22, 2009. I;The clock located in the City Secretary's office
will be the official time.) All qualifications received will be read aloud at 3:15 P.M. on
Wednesday, July 22, 2009 in the City Council Chambers, City Hall, 5~' Floor, Port Arthur, TX.
MARK ENVELOPE: EXCAVATING
DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to:
CITY OF PORT ARTHUR
CITY SECRETARY
s~ = P.O. BOX 1089
PORT ARTHUR, TEXAS 77641
POINTS OF CONTACT:
CITY OF PORT ARTHUR
CITY SECRETARY
444 4TH STREET, 4~' Floor
PORT ARTHUR, TEXAS 77640
Questions concerning the Invitation to Bid should be directed to:
City of Port Arthur, TX
Shawna Tubbs, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
409.983.8160
Shawna(a~~portarthur. net
Questions concerning the Scope of Work should be directed to: .
City of Port Arthur, TX
Ross Blackketter, Director of Public Works
P.O. Box 1089
Port Arthur, TX 77641
409..983.8180
rblackketterna~portarthur.net
Page 1 of 1 S
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your <:onvenience in submitting bids for the a;nclosed
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 th.e 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.
~~~ ~~
Shawna Tubbs
Purchasing Manager
Page .! of 15
CITY OF PORT ARTHUR
GENERAL INFORMATION:
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.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information
to prepare SEALED BIDS IN DUPLICATE for furnishing: EXCAVATING AND HAULING
OF MATERIALS
Bids must be in a sealed envelope addressed to fhe City Secretary, City of Port Arthur, P.O. Box
1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P.M.,Wednesday, July
22, 2009. Bids received after the closing time specified will be returned to the bidder unopened
and claims of mail delays will not constitute ari exception. Bid proposal MUST BE SIGNED
BY BIDDER.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART 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,.
Bids cannot be altered or amended after submi;;sion deadline. Any interlineations, alteration, or
erasure made before opening time must be i~:utialed by the signer of the bid, guaranteeing
authenticity.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in
its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best
interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept
such bids as it shall deem to be in the best interests of the Ciry.
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.
The award shall be made to the responsible vendor(s) whose bid is determined to be lowest offer,
taking into consideration the relative importance of price, conformance to specifications and
capability and experience of the contractor.
Page 3 of l5
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 a~ntained in this ITB carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in
accordance with Vennon's Texas Code Annotateci, Local Government Code Title 5, Subtitle C,
Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter Tinto any
business arrangement with any employee, official or agent of the City of Port Arthur.
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.
S. Be engaged in a full time business and can assume liabilities for any perforniance or
warranty service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public moneys under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. Addenda will be mailed to all who acre known to have received a copy of the ITB.
Offeror's shall acknowledge receipt of all addenda.
BONA FIDE BUSINESS THAT CLAIMS THE CITY OF PORT ARTHUR AS ITS
PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office
personnel) shall be a Port Arthur address, 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 interpretatiion as is provided by state law.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. 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.
Page 4 of 15
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public
Works, P. O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of
the goods or services by the City of Port Arthur.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contactor 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 Contact; 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.
CONTRACT: The following will comprise the ~~ntract between the City and the successful
bidder:
1. Agreement
2. Advertisement for Bids
3. Addenda
4. General Information
5. Specifications
6. Bid
7. Notice of Award
8. Notice to Proceed
QUANTITIES: Quantities shown are estimated„ based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted 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.
All bids will remain in effect for one year.
Page5of15
SHIPPING INFORMATION: All bids are tc~ be F.O.B., City of Port Arthur, Port Arthur,
Texas 77640.
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the
Contract shall be read and enforced as though each were included herein. If, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be
amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary 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.
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 fiilfill in a
timely and proper manner his obligations under this wntract, 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
Page 6 of 15
up to the termination date. If this contract is germinated due to fault of the Contractor, the
previous paragraph hereof relative to termination :>hall apply.
EXPERIENCE & CAPABILITY: Bidder shall include the following information to de;scribe
the experience and capability factors of the company:
1. Number of years in operation.
2. Largest project currently in effect with a business.
3. Number of employees currently employed, their job titles, and their job descriptions.
4. Equipment currently owned or leased by your company.
5. Be otherwise qualified and eligible to receive an award.
6. Other companies that you contracted with.
7. If a company wants to receive the award for more than one group, the company must show
that it has the equipment and employees to ha~ldle more than one group.
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 Contract shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract, whether the operations be
by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them maybe liable, of the following types and limits
Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$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; arid,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
Page 7 of IS
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.
2. 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 bodil}r injury and $100,000 per occurrence for
property damage.
Contractor shall cause Contractor's insurance company or inswance agent to fill in all
information required (including names of insurance agency, contractor and inswance companies,
and policy numbers, effective dates and expiration dates) and to date and sign and do all other
thing.5 necessary to complete and make into valid certificates of inswance 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 inswance 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 Ciity of Port Arthur valid CERTIFICATE OF
INSURANCE on like form from or for all Subcontractors and showing the Subcontracl:or (s) as
the Insured. Said completed CERTIFICATE Ol? INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than te;n (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 8 of 15
GENERAL CONDITIONS
(AS APPLICABLE)
SUCCESSFUL BIDDER OR BIDDERS must agree to enter into a contract with the City of
Port Arthur. This Contract will terminate approximately one (1) year from date of execution.
There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the
contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price
Index category "Transportation". It will be nece;ssary for the City to secure a letter from the
vendor agreeing to renew the awazd for each additional yeaz.
Successful bidder shall agree to provide the City with material safety data sheets {MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and successful bidder must provide test verification on request to the City.
Measurement of material shall be by applicable; units per various items as set out in. the bid
schedule.
Payment of material shall be by applicable bid price per unit and any additional change as set out
in the bid schedule.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring
Equipment".
Delivery shall be in the most economical manner to job sites or the City's stockpile; in Port
Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down-time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out 'by these
specifications.
Page 9 of 15
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR EXCAVATING A1vD HAULING OF MATERIALS
Bidder shall provide services to the City on an AS-NEEDED basis at the rates bid.
2. Bidder shall supply all necessary equipment complete with operators, and inclu.5ive of all
fuel, maintenance and other usual charge;>.
3. If the contracted vendor is unable to meet the City's required delivery schedule,
depending on urgency of need, the City reserves the right to use an alternate vendor.
4. The City reserves the right to use its owr.~ trucks for hauling from Bidder's source of soils
and to haul other materials as may be advantageous to the City.
Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity nor more
than 14 cubic yard capacity.
6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7)
borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation
from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow
pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation
Permit from DD#7 and have the required insurance that names DD#7 and the City as
additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE
SUBMITTED WITH BID.
7. Clay material from DD#7's pit will usually be hauled to the City's landfill on Highway
73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and
top-soil shall be hauled to various City project sites, including those in the Sabine Pass
area. No up-chazge will be accepted for hauling to Sabine Pass.
8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be
hauled from other Vendor's point of supply in the Golden Triangle azea to various City
project job sites, including those in the Sabine Pass area. No up-chazge will be accepted
for hauling to or from Sabine Pass.
9. Concrete debris such as concrete curb az~d gutter sections shall be hauled from City
project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to
T. B. Ellison Parkway from the Martin Luther. King Bridge to Pleasure Pier Boulevard, or
along 25~' Street at the Motiva fresh water reservoir.
Page l0 of 15
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BID OPENING DATE: JULY 22, 2009
PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS
The undersigned doing business in the
City/Town of _ submits, herewith, in conformity with the
General Instruction, Conditions, and Specifications, the following proposal for
OU'T'LINE OF BID DATA:
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (incladin~ Sabine Pass
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ _ CY
2 60/40 $ _ CI'
3 Clay $ _ CY
4 Top Soil $ _ CY
B. PICKED UP AT PLANT LOCATION':
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ _ CY
2 60/40 $ _ CY
3 Clay $ CY
4 Top Soil $ CY
Stock-pile material shall be available on those days borrow pit in inaccessible.
Vendor will respond to load material request within
LOCATION OF PRIMARY BORROW PIT:
LOCATION OR SECONDARY BORROW PIT:
minutes or hours.
Page 11 of 15
C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD
1 Limestone $ TON $ TON
2 HMAC type material $~ TON $ _ TON
3 Cement Stabilized Sand $ TON $ TON
4 Concrete Debris $ TON $ TON
Equipment and drivers/operators will be made available hours or days after receipt
of request for hauling services.
D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY
First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time
period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or .
jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged
at $ /hr. and waiting time thereafter tieing charged at the same rate in 15 minute
increments.
LOCATION OF HAULING EQUIPMENT:_
The City reserves the right to award the bid by class of work, or the entire bid to one (1;-
responsible bidder. Bids shall be good for sixty (60) days from date of bid opening.
Receipt of addenda is acknowledged:
Number Dated Received
COMPANY NAME
SIGNATURE OF BIDDER
(PRIl~1T OR TYPE NAME)
TITLE
STREET ADDRESS
P. O. BOX
CITE.' STATE ZIP
AREA CODE TELEPHONE NO.
Page 12 of ri 5
BID OPENING DATE: Julv 22.2009
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
TAX IDENTIFICATION NUMBER
Page 13 of R 5
AFFID,~VIT
All pages in the offeror's bid proposal containing statements, letters, etc.
shall be signed by a duly authorized officer of the company, whose
signature is binding on the bid propo:>al.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the
City of Port Arthur. Further, I agree to pay succeeding debts
as they become due during trus agreement.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to pay said debts prior to
execution of this agreement. I further agree to pay succeeding debts
as they become due.
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 fiarther agree to pay succeeding
debts as they become due.
NAME OF OFFEROR:
TITLE
ADDRESS
CITY/STATE/ZIP
TELEPHONE NUMBER
SIGNATURE
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 1~4 of 15
CONFLICT OF INTEREST QUESTIONNAIRE FORM
CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, ]ACaI Government Code by a person who has a business
relationship as defined by Section 176.001 (1-a) with a local governmental entity and the person 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 7'" busines
after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Cod
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this sec
is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. ^ 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 7~'
day after the date the originally filed questionnaire becomes :incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be corpleted for each officer with whom the filer hay an employment
or other business relationship as defined by Section 176.001 (1-a)., Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes ~ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer
questionnaire?
Yes ~ No
C. Is the filer of this questionnaire employed by a corporation or other
~J Yes ^ No
D. Describe each employment or business relationship with the local government officer named in this section.
Page I S of 15
r
i
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO.ONE (1)
DATE: JULY 20, 2009
PUBLIC WORKS DEPARTMENT
Bid Proposal For: Excavating & Hauling of Materials
The following clarifications, amendments, deletions, additions, revision andlor
mc-difications are made a part of the contract documents and change the original
documents only in the manner and to the exter-t hereinafter stated and shall be
incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original
contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDG>N:
SAID PROVISIONS IN THE SUBMISSIO:K OF THEIR BID.
On page 10 number 5 should read as follows:
Dump trucks provided by Bidder shall be at a minimum of 12 cubic yard capacit}~
(there shall be no maximum).
Nates:
Should you have any questions please feel free to contact Ross Blackketter,
Public Works Director at (409)-983-8180.
Shawna Tubbs, Purchasing Manager
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BIll OPENING DATE: JULY 22, 2009
PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS
The undersigned ~' -Z-~S doing business in the
City/Town of submits, herewith, in conformity with the
General Instruction, Conditions, and Specifications, the following proposal for _
OUTLINE OF BID DATA:
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR
(including Sabine Pass)
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ ~~ ~/Q_ CY
2 60/40 $~-yQ _ CY
3 Clay $ ~. 70?-~. CY
4 "I'op Soil $ tl , ~ ~ CY
B. PICKEll UP AT PLANT LOCATION:
ITEM # DESCRIPTION
l Fill Sand
2 60/40
3 Clay
4 Top Soil
BID AMOUNT
$~: 8 5 _ cY
$ / 85 cY
$ /~ 5 G cY
$ i~• U O CY
Stock-pile material shall be available on those days borrow pit in inaccessible.
S~mE ~ ay ~ F poss;bl~
Vendor will respond to load material request within minutes or _ hours.
LOCA"PION OF PRIMARY BORROW PIT: _ ~J w1/ ~Lq ~ n 7
LOCA"PION OR SECONDARY I30RR0'W PI"I': P« ~ { ;~o R ~ __~
Page 11 of 15
C. HAULING OF MATERIALS
1 Limestone
2 HMAC type material
F1JLL LOAD
$ 7, y $ TON
$ ~•~~ TON
3 Cement Stabilized Sand $ ~ ' 4 ~ _ TON
_
4 Concrete Debris $_ ~ ~ ~ ~ TON
PARTIAL LOAD
$ TON
$ TON
$ TON
$ TON
Equipment and drivers/operators will be made available hours or days afl:er receipt
of request for hauling services.
D. HOURLY CHARGE FOR WAITIN(: TIME FOR PICK-UP OR DELIVERY
First 30 minutes after arrival will be at no cha~•ge if truck is loaded or unloaded witlrin that time
period. If the truck is not loaded or unloaded. within the first 30 minutes of arrival at plant or .
jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time bf:ing charged
at $ ~~/hr. and waiting time thereafter being charged at the same rate in 15 minute
increments.
LOCATION OF HAULING EQUIPMENT:
The City reserves the right to award the bid by class of work, or the entire bid to one (1)
responsible bidder. Bids shall be good for sixty (60) days from date of bid opening.
Receipt of addenda is acknowledged:
Number Dated Received _
~e~W~l.c. ~n-~crtJ f ~ it S J~~- - ~ ~~ UCs ~~c,u F~~-~
COMPANY NAME STREET ADDRESS
~~ L-i~~i
SIGNATURE OF BIDDER P. O. BOX
(PRINT OR TYPE NAME) CITY STATE ZIP
Pr~slc~c-~~i' '' ~ - Vo s'YS-yx/z
TITLE AREA CODE TELEPH NE NO.
cc~/ X09- ~Sy- yooo
Page 12 of 15
BID OPENING DATE: July 22.2009
CITY OF F'ORT' ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish the;ir complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below
REMIT PAYMENT TO•
COMPANY
ADDRESS
CITY/STATE/ZIP
SEND PURCHASE ORDER TO:
COMPANY ~ ~~c,J ~ na_... G
ADDRESS
7 7~ y
CITY/STATE/ZIP '~ '~ur ~ ~ ~ G ~ Z
TAX IDENTIFICATION NUMBER '~- 0 5 6 3 6 9
Page 13 o f 15
AFFIDAVIT
All pages in the offeror's bid proposal containing statements, letters, etc;.
shall be signed by a duly authorized officer of the company, whose
signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
~~~ I hereby certify that I do not have outstanding debts with the
City of Port Arthur. Further, I agree to pay succeeding debts
as they become due during this agreement.
~~~ I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to pay said debts prior to
execution of this agreemennt. 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.
7 ~~
NAME OF OFFEROR: `~ t -~ _ F~. c='~~~~~ ,`~°~.+~..._.._
TITLE
ADDRESS
CITY/STATE/ZIP ~~ t ~ ~ r ~., ~ r ~~ ~ ~ 6 ~~~ Z
TELEPHONE NUMBER y ~ f~ " ~ Z 2- ~,~ 7 3 - ~(~ ~ - , j c~X - ~j!:~'1.~..
SIGNATURE
STATE ;r`~
COUNTY ~ ':. ~ ; rl
CRIB AN SWORN to before me by the above named
~_~,~~ W ~11.e~ _ on this the ~ ~- vt,~_
~_ _~> ~ l
%Uf- 2.~y-yc~c
day o~t,1~~, 20~.
Notary Public
RETURN THIS AFFIDAVIT AS PART OF
Page 14 of 15
BE1RE LEMKE
My Commission Expires
Maly 16, 2013
CONFLICT OF INTEREST QUESTIONNAIRE FORM
CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 14!~l, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 1715, Local Government Code by a person who has a business
relationship as defined by Section 176.001 (1-a) with a local governmental entity and the person 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 7'~ busines
after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Cod
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this sec
is a Class C misdemeanor.
I. Name of person who has a business relationship with local governmental entity.
2. ^ 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 7~'
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes ® No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer
questionnaire?
Yes ~ No
C. Is the filer of this questionnaire employed by a corporation or other
n Yes ~ No
D. Describe each employment or business relationship with the local government officer named in this section.
Page; 15 of 15
-~~~~. GERTIFIGATE OF LII
PRODUCeR (800) 5174366 F70.X: (9p3j 342-5432
On1ay Insu>:r3nce Ag~nrry
701 west Broadway
'^'~ ''eR11rIG%ATE IS ISSUED A5 A ylAT7ER OF INFORNA710N
ONLY AND CONFERS NO I~GHTS UPoN THE CERTIFICATE
A TERTHE COVEReGEIaFCnoD~nES NOT'AMEND, EXTEND OR
~_ TX 754 94 INSURERg AFFORDING COVERAGE
INSURED **!*R g y 1 g E O**w* 5/11/09
R®dw~.ne Enterprises, Inc, dka +NSURER,aAdmiral
Redwine Consttt.TCtion INSURERB:Canal In9Urance
2114 Lee gt . INSURER C: First Mercu Inaurantrlg
Nedalrlarxa Ins b, Texas Builders Tns . Co ,
TX 77627 INSURERE:QBE SpeciaYt~• In,gtiranCe
7ME POLICIES pF INSURANCE uSTEO BELOW NAVE SEEN ISSUECI To THE INSURE6 NAMED ABDVE fOR THE POLICY t'ERIpD INaCA
REQUIREMENT, TERM pR CONDITION OF AMY CONTRACT OR OTFIER DOCUMENT WRH RESPECT TO WHICH 7HI
THE INSURANCE AFFORDEb BY THE POLICIES DESCRIBED HEREIN I5 SUBJIECT TO ALL 7HE TEkMS, FCC
~~s ....... BEDUCED BY PAIn M su~c
Gen~RAL LIABILITY
'Y CONINERCIAL GENERAL LIABILITY
A GLAIM& MADE ~.J bCCUR voCD80010144
UkN'L AGGREGATE LIMIT gppUpg pER;
}[ LI P -
L
AurorolpBlLE uaauTlr
ANY AUTO
B AI,LOVHVEDAUTQ$ PD7LG070790Q
X scH®uLEDAUros
x HIRED AUTOS
}( NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
exCE&gJUMeRELLA LuBILITY
~ OCCUR ~ CCAIM$ MADE
~ ~ ~_ ~ DEDUCTI6LE
EXYL000115
D WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR+PARTI~RIEXECUTIVE
CFFICpIVUIEMaER EXC WDEp7
H yes, deactibe under
PR I pa
E OTHER Contzactor r s get
we:0s9e
Other St:atea 6 SorroT~d
59tvant iriCluded
4axxxooo~,8aa
10/21/2008 10/21/201
2/10/2009 + 2/x0/2010
+?/10/2009 ~ 2/10/2010
].0/15/2008, IO/15/2005
5/11/2009 ~ 5/11/2010
S CERTIFICATE MAY ~OISSOED bR MAY PIERTA
IN,
LUSIONS AND CONDITIONS OF S
UCH POLICIES.
+ uN1T9
1.000,000
DAMAflE TO RENTED
6 10O , 00 Q
9 EXP ofa in S 5,000
x,ooo,ooo
~+ r E AT c 2,000,000
s 1,OOO,opq
C
O
IN
E
p
SINGLELIMIT
~
~
~
n
t
a 1,00O,OOD
90DILY fNJVRY
(Psr Person) 8
[iODILY IN,lURY
(Par acclelbnt) ~
PROPERTY bMnAGE
(Pereaoldant} S
AUTO ONLY - EA ACCIDE T ~
OTHER YNAN ~~
AUTO ONLY:
4,000,004
E g
B
X VYC STA CiTFI_
E.L. E ACGDENT 1, OOO O00
E.I SEASE. A PLO'YEE x, GOO, OOt)
L DtSEA - OLICYI 1 GOO, ODO
8;1000- DwducCalxlc $1, 506, 000
Li.ml t
C
DESCRIPYIbN OF OPt:RATTON3ILpCATIpNg+yENICLESIEXCLU31pN$ ADbEO BY ENDOR3ENENTJ$pECWL PRp~ISIGN9
Cgrtif.iGS4;~ Holder $,e 19dditioraal 1=nsnrpp
on G+:us~rsl Liability and 171obSella policies.
(409}983-7564 x.
Drairtaq® District ~7
ACORD 25 (2001108)
lNS025 (btU8j.D8e
SHOULD ANY OF THE ABOVE OE$CgtBED POLICIES BE L:ANCELLED BEPORE THE
EIfPIRAT1pN OATS TfEREOF, THE 189UING INSURER IML.l. F}IDEAVOR TO MAIL
1D DAYS WRI'T'TEN NOTICIc TO TNT; CERTIFICATE HDILDEJi NAMBp Tb 7NE LEFT, BUT
FAILURE TO DD g0 SiIALL WIPOSE NO OpLRiAT10N OR LIABILITY OF ANY KMID UPON THE
INSUR ITS AGENTS OR gEPRE3ENTArIVEg,
A.1171'IOg2ED REPRESENTATIVE •~
Robert Eppers/~lI(A^ ~~y:o= .~~w,.-,..~....---•..,-...
~ ACORD CORPORATION 1988
Peye i of 2
EXCAVATION AND F;EMOVAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
THIS EXCAVATION AND REMOVAL AGREEMENT„ hereinafter called the "Agreement," is entered into by and
between the Jefferson County Drainage District No. 7, a body corporate and politic under the laws of the State of Texas,
hereinafter called "DD7," and Redwine Construction of Nederland, Texas, hereinafter called "Contractor."
WITNIESSETH:
WHEREAS, DD7 desires to have excavated a specific portion of its Property, including site clearing, outfall installation,
excavating the site, and having the spoil removed from the: site, transported, and disposed of (the "Project"), which site
is more fully described in Exhibit "A", attached hereto and. made a part hereof by reference for all purposes; and
WHEREAS, Contractor represents that it is capable and qualified to perform the various services that may be required.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the partiies herein named,
the parties agree as follows:
I.
Subject to the terms and provisions hereinafter set forth, and after complete and punctual compliance therewith and
performance thereof, DD7 agrees to pay $3,OOO.C-0 to Contractor for site clearing, outfall installation, the excavation,
removal, and transportation from the Project site of 300,000 cubic yards (300,000 maximum) of spoil, and disposal of
same, in accordance with the plans and specifications, hereinafter called the "Plans," which have bE;en approved and
signed by a representative of DD7, designated by the Manager of DD7. Strict adherence to the plans and specifications
approved by DD7 is expressly made a term and condition e~f this Agreement.
II.
Contractor agrees to provide to DD7 Plans prepared and sealed by a Professional Engineer that describe the area where
the excavation is to occur and the conditions to which the tract is to be restored. The Plans must be submitted to DD7 for
approval within sixty (60) days after the execution of this Agreement.
III.
Contractor, at its own expense, must provide and maintain liability insurance in the amount of $500,000.00 per
occurrence, $1,000,000.00 in the aggregate. This insurance is to be carried by one or more insurance companies
authorized or admitted to transact business in Texas. Choice of an insurance company is subject to approval by DD7.
The policy must cover DD7 as well as Contractor, for any liability for property damage or personal injuiry arising from
Contractor's work on the Project or DD7's owning the property. Contractor must furnish DD7 with certificates of all
insurance. If Contractor does not provide the certificates prior to commencement of work or within 30 clays after
obtaining possession, or if Contractor allows any insurance required under this article to lapse, DD7 ma.y, at its option,
take out and pay the premiums on the necessary insurance ]:o comply with Contractor's obligations under this article.
DD7 is entitled to reimbursement from Contractor for all amounts spent to procure and maintain the insurance, with
interest at the rate of 10 percent annually from the date Contractor receives DDT's notice of payment until
reimbursement.
CONTRACTOR AGREES TO DEFEND, PROTECT, INDEMNIFY AND FOREVER HOLD DD7, ITS AGENTS,
OFFICERS, SERVANTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY ANI) ALL LOSSES,
LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF .ACTION OF EVERY CHARACTI~R AND KIND
RESULTING FROM PERSONAL INJURY, ILLNESS, OR DAMAGE TO OR LOSS OF PROPERTY OCCURRING,
GROWING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM TIME ACTIONS OF
CONTRACTOR, ITS EMPLOYEES, AGENTS, SERVANTS, LICENSEES, OR REPRESENTATIVES IN
SECURING, EXERCISING, OR IN ANY MANNER PERFORMING THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT THAT .THE
INDEMNITY PROVIDED FOR IN THIS ARTICLE IS EXTENDED BY CONTRACTOR TO INDEMNIFY,
DEFEND, AND PROTECT DD7 FROM THE CONSEQUENCES OF DD7'S OWN NEGLIGENCE. THIS
INDEMNITY SHALL APPLY EVEN THOUGH ANY DAMAGE, INJURY, SICKNESS, OR DEATH IS CAUSED IN
WHOLE OR IN PART BY ANY DEFECT IN OR CONDITION OF ANY PROPERTY, AREA, FACILITIES,
EQUIPMENT, TOOLS, OR OTHER ITEMS WHICH M[AY BE PROVIDED BY DISTRICT, WHI'sTHER OR NOT
SUCH DEFECT OR CONDITION WAS KNOWN OR COULD HAVE BEEN KNOWN BY DISTRICT.
IV.
All or a portion of the Project will be constructed on land or right-of--way belonging to DD7. DD7 authorizes Contractor
to enter upon such land or right-of--way for the limited I~urpose of constructing the Project. Contractor's authority to
enter upon the land or right-of--way is expressly limited to the purposes set forth herein; is subject at all times to DDT's
right to enter upon and use its land for flood control purposes, as is more fully provided in Section VIII hereof; and is
expressly limited to the extent of DDT's right, title, or interest, if any, in and to the land or right-of--way used by
Contractor, and DD7 makes no representation or warranty regarding its right, title, or interest, if any, in and to the land
or right-of-way used by Contractor for constructing the Project.
V.
DD7 retains the right to enter the Project site for any reason, including the purpose of having DDT's inspector observe
Contractor's performance under this Agreement, and to order corrections to or modifications of the activities of
Contractor that are, within the sole discretion of DD7, inconsistent with the Plans or the terms of this Agreement.
VI.
Contractor agrees to perform all excavation, removal, transportation and disposal of spoil, and restoration of the Project
site in a good and workmanlike manner and in accordance with the Plans and generally accepted standards pertinent
thereto, while taking any steps necessary to keep the Project site in good order and to remove any spoil dropped or
otherwise: deposited during its activities on public streets and bridges in the area. Contractor, furthermore, agrees to
properly and lawfully dispose of all spoil removed from tt~e Project site in accordance with all applicable federal, state,
and local laws, regulations, and ordinances, and in such manner that the same shall not, after disposal, constitute a
nuisance. Contractor shall be solely responsible for the proper disposal of the spoil removed from the site and hereby
expressly indemnifies and agrees to hold DD7 harmless from any and all liability for any failure to properly transport
and dispose of the same.
`VII.
DD7 retains the right to stop excavation, removal, disposal, and restoration activities and to immediately terminate this
Agreement, in the event that DD7 determines, at its sole discretion, that the Plans or the terms of this Agreement have
been violated.
VIII.
Contractor agrees that DD7, at all times, retains the right to demand immediate removal of any and all equipment,
personal property, and personnel from the Project site, or to take such steps as may be necessary to remove the same.
DD7 assumes no responsibility for the wellbeing or disposition of any items of equipment or personal ;property removed
hereunder. DD7, furthermore, reserves the right to, at any time, enter upon and use the subject property for flood
control purposes and to take such actions with respect to suich property or any personal property located. thereon as, in its
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sole discretion, may be necessary or convenient for flood control purposes and Contractor shall ]have no claim for
damages of any character on account thereof against DD7„ its agents, officers, or employees.
IX.
In the event of an early termination of the Agreement by DD7, DD7 agrees to pay Contractor a prorated share of the
Agreement price based on volume of spoil excavated.
X.
Contractor agrees that the entire performance of the Agreement shall be completed to the satisfaction of the Engineer
within two years after the approval and signing of the Plans by DD7.
XI.
All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or
delivered to District at the following address:
Jefferson County Drainage District No. 7
P.O. Box 3244
Port Arthur, Texas 77643
Attention: Director
All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or
delivered to Contractor at the following address:
Redwine Construction
21.14 Lee Street
Nederland, Texas 77627
ATTN: PAT REDWINE, PRESIDENT
XII.
Contractor shall under no circumstances release any material or information developed in the performance of its services
hereunder without the prior express written permission of DD7. Contact with the news media, private citizens, or
community organizations shall be the sole responsibility oif DD7. Inquiries concerning this Agreement or any project for
which Contractor performs services hereunder shall be reft;rred to DD7.
:KIII.
Contractor represents that all work performed pursuant to this Agreement shall be performed in a good and workmanlike
manner and in accordance with generally accepted standards pertinent thereto, and that it shall confirm fully with all
applicable federal, state, and local laws, ordinances, and regulations, including applicable road usage regulations,
specifically including, but not being limited to, laws, ordinances, and regulations of the U.S. Army Corps of Engineers,
the Texas Antiquities Committee, the U.S. Environmental Protection Agency, the Texas Natural Resource Conservation
Commission, and local permitting authorities. Evidence of any and all permits required by these laves, ordinances, or
regulations shall be submitted to DD7 before Contractor begins the Project.
Contractor shall perform any and all environmental mitigation, including wetlands mitigation, required for the Project,
and Contractor shall indemnify and hold DD7, its agents,. servants, and employees, harmless from aziy and all liability
and/or penalties for failure to adequately perform such mitigation, including but not being limited to, failure that may be
due, in whole or in part, to the negligence of DD7, its agents, servants, or employees.
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Contractor shall be responsible for the preparation of any Storm Water Pollution Prevention Plan that. may be required
and the submittal of requisite Notice of Intent from DD7 and Contractor to the U.S. Environmental Fhrotection Agency.
Evidence of those procedures shall be submitted to DD7 before Contractor begins construction of the Project. Contractor
shall comply with DD7's format for filing a Storm Water Pollution Prevention Plan.
~:IV.
DD7 and the Contractor bind themselves and their successors, executors, administrators, and assigns to the other party of
this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement. Neither DD7 nor Contractor shall assign, sublet, or transfer its or his interest in this
Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal. liability
on the part of any officer or agent of any public body that may be a party hereto.
:KV.
Contractor has been advised by DD7 and Contractor clearly understands and agrees, such understandnIg and agreement
being of the absolute essence to this Agreement, that DD7 shall have available the total maximum sum of $3,000.00
specifically allocated to fully discharge any and all liabilities that may be incurred by DD7 pursuant to the terms of this
Agreement, and that the total maximum compensation Contractor may become entitled to hereunder and the total
maximum sum DD7 shall become liable to pay to Contractar hereunder shall not under any conditions, circumstances, or
interpretations hereof exceed the said total maximum sum F~rovided for in this Section.
XVI.
This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations
herein assumed. Any oral or written representations or modifications concerning this Agreement shall be of no force or
effect, excepting a subsequent modification in writing signed by all parties hereto.
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EXECUTED in duplicate originals, this day of April, 2(109.
JEFFERSON COUNTY
DRAINAGE DISTRICT NO. 7
By: ~ ~~~~
PHIL KELLEY ~~-
MANAGER
ATTEST:
REDWINE CONSTRUCTION
I ~a 1
DIANE SMITH, EXECUTIVE SECRETARY Jr~ /
JEFFERSON COUNTY DRAINAGE Its:_ f ` f ~ ; [.~~ _
DISTRICT NO. 7
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