HomeMy WebLinkAboutPR 24310: MIKE BARNETTE CONSTRUCTION CONTRACT FOR REPAIRS OF WWWWWEST SIDE CLINIC Memorandum
City of Port Arthur, Texas
Robert A. "Bob"Bowers Civic Center
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Adam J Saunders,Civic Center Dir
RE: Proposed Resolution No. 24310
The West Side Clinic roof is in need of replacement, along with some other supplemental items.
Continued water intrusion is the result of a failed roof. Mike Barnett Construction of Port Neches, Texas
will do the work for a cost of$80,648.00.
ANALYSIS/CONSIDERATION:
•
The West Side Clinic has had continued water intrusion. After some repairs and investigation, a full roof
replacement is needed, along with some other supplemental items. Other supplemental items are ceiling
tiles, insulation repair,cabinet repair,grid repair,wall repair, etc.
The Purchasing Division advertised for this on February 5, 2025 and February 12,2025.
The quotes below were received:
• Mike Barnett Construction $80,648.00
• Jet Set II,LLC $111,601.75
• Texas Liqua Tech Services,Inc $197,700.00
• SKR Construction,Inc Incomplete Bid
• Vincent Roofing,Inc $93,100.00
• Pineda Construction,LLC No Bid Bond
RECOMMENDATION
A resolution authorizing the City Manager to enter into an agreement with Mike Barnett Construction of
Port Neches,Texas for roof replacement and other supplemental items at the West Side Clinic in the
amount of$80,648.00.
BUDGETARY AND FISCAL EFFECT
Funds are available in account#307-15-043-8512-00-10-000 Project BU 0022
STAFFING EFFECT
r
None
P.R.No. 24310
05/07/25 AJS
PAGE 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH MIKE BARNETT CONSTRUCTION OF
PORT NECHES, TEXAS FOR ROOF REPLACEMENT AND OTHER
SUPPLEMENTAL ITEMS AT THE WEST SIDE CLINIC IN THE
AMOUNT OF $80,648.00. FUNDS ARE AVAILABLE IN ACCOUNT #307-
15-043-8512-00-10-000 PROJECT BU 0022
WHEREAS, West Side Clinic requires replacement of the roof; and
WHEREAS, other supplemental items are in need of repair and include ceiling tiles,
insulation repair, cabinet repair, grid repair, wall repair, etc.; and
WHEREAS, continued water intrusion calls for the replacement of the roof and other
supplemental items; and
WHEREAS, Purchasing advertised on February 5, 2025 and February 12, 2025; and
WHEREAS, six bids were received on March 12, 2025 (Exhibit"A"); and,
WHEREAS, the Mike Barnett Construction of Port Neches, Texas is the lowest bid and
qualified to perform the work for the amount of$80,648.00.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
THAT,the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to enter into an agreement with Mike
Barnett Construction of Port Neches, Texas for roof replacement and other supplemental items at
the West Side Clinic in the amount of $80,648.00, in substantially the, same form as attached
here to as Exhibit"B".
THAT, the funding for said agreement is $80,648.00.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R.No. 24310
05/07/25 AJS
PAGE 2 of 3
READ, ADOPTED, AND APPROVED, this day of AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPRO AS T01 tM:
Roxann Pais Cotroneo, City Attorney
APPROVED I ON:
Ronald Burton, C anager
A PR D AS Tq D AVAILABILITY:
L
Lynda Boswell, M.A., ICMA-CM Director of Finance
46't
Clifton Williams, CPPB,Purchasing Manager
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CONTRACT
FOR
ROOF REPAIR AT WEST SIDE CLINIC
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BID NUMBER P25-025
THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM
DONEANE BECKCOM, CITY MANAGER
MAYOR PRO TEM City of - C
)4) SHERRI BELLARD,TRMC
COUNCIL MEMBERS: CITY SECRETARY
WILLIE BAE LEWIS,JR.
TIFFANY L.HAMILTON EVERFIELD art r t h uc r ROXANN PAIS COTRONEO
HAROLD L.DOUCET,SR. CITY ATTORNEY
THOMAS KINLAW,III Texas
DONALD FRANK,SR.
FEBRUARY 11,2025
INVITATION TO BID
ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER& WEST SIDE CLINIC
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,
Central Standard Time, Wednesday, March 5, 2025. (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, March 5, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,
TX. You are invited to attend.
MARK ENVELOPE:P25-025
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
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and 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.
ehoOrt. alsg;a4Ite.
Clifton Williams
Purchasing Manager
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Roof Repairs at West Side Development Center & West Side Clinic is
scheduled for February 19,2025 at 2:00 P.M.,the 5th Floor Council Chambers located at 601
W. Rev Dr,Ransom Howard Street,Port Arthur,TX 77640. Please bring your own latter.
The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully
understood,to answer any questions,to clarify the intent of the Contract Documents,and to resolve
any problems that may affect the project construction.No addendum will be issued at this meeting,
but subsequent thereto,the Purchasing Manager, if necessary,will issue an addendum(s)to clarify
the intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Non-Mandatory
Pre-Bid Conference will be rejected and returned unopened to the bidder.
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
For Construction of •
ROOF REPAIRS AT WEST SIDE CLINIC
To Serve
The CITY OF PORT ARTHUR
PORT ARTHUR,TEXAS
(Non-Federally Funded Project)
• TABLE OF CONTENTS
A. CONSTRUCTION CONTRACT
AGREEMENT
13. ADVERTISEMENT FOR BIDS
C. INFORMATION TO BIDDERS
D. BID
E. BID BOND
F. GENERAL CONDITIONS
G. TECHNICAL SPECIFICATIONS
H. PAYMENT BOND
I. ADDENDUM§
J. NOTICE OF AWARD
K. NOTICE TO PROCEED
L. INSURANCE
M. NON-COLLUSION AFFIDAVIT
N. AFFIDAVIT
O. CONFLICT OF INTEREST
P. SB 252 CHAPTER 2252 CERTIFICATION
Q. HOUSE BILL 89 VERIFICATION
Page 1 of 1
l
SECTION A
CONSTRUCTION CONTRACT AGREEMENT
CONSTRUCTION
CONTRACT AGREEMENT
THIS AGREEMENT, made this day of June A.D. 2025, 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 Mike Rarnett Construction . herein acting
by and through Lance Barnett , hereinafter called"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The CONTRACTOR will commence and complete the Roof Repair at West Side Clinic
2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools,
equipment, labor and other services necessary for the construction and completion of
the Project described herein.
3. The term of this Contract shall be 36 days from the date stated on the Notice to Proceed
4. The CONTRACTOR will commence the work required by the Contract Documents on or
before a date to be specified in the Notice to Proceed and will complete the same within
consecutive calendar days as specified in the Notice to Proceed, including,but not limited
to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for
completion is extended otherwise by the Contract Documents.
5. The CONTRACTOR agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for the sum of$ 80,648 , or as
shown in the Bid Schedule.
6. The term"CONTRACT DOCUMENTS"means and includes the following:
(A) Construction Contract Agreement
(B) Advertisement for BIDS
(C) Information to BIDDERS
(D) Bid
(E) Bid Bond
(F) General Conditions
(G) Technical Specifications
(H) Payment Bond
(I) Addendums
(J) Notice of Award
(K) Notice to Proceed
(L) Insurance
(M) Non-Collusion Affidavit
(N) Affidavit
(0) Conflict of Interest
(P) SB 252 Chapter 2252 Certification
(Q) House Bill 89 Verification
7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth
in the General Conditions such amounts as required by the Contract Documents.
8. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
A-1
IN WITNESS WHEREOF,the Parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an
original on the date first above written.
OWNER:
City of Port Arthur
BY:
CONTRACTOR NAME:
TITLE:
BY:
NAME:
ADDRESS:
[CORPORATE SEAL]
ATTEST:
NAME:
A-2
CITY OF PORT ARTHUR,TEXAS
ADVERTISEMENT FOR BIDS
Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the
City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m.,
Wednesday,February 19,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on
Wednesday, February 19, 2025 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for
certain services briefly described as:
ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER& WEST SIDE CLINIC
Bids received after the deadline stated above, regardless of method of delivery, will not be considered and
returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street,
City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the
City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com.
MANDATORY PRE-BID MEETING IS SCHEDULED FOR WEDNESDAY, FEBRUAY 19, 2025 AT
2:00 P.M. LOCATED AT 601 W. REV DR RANSOM HOWARD STREET, PORT ARTHUR,
TEXAS. PLEASE BRING YOUR OWN LATTERS.
Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a
contract to a company that is in arrears in its obligations to the City.
('�% }dol �
Clia6n Williams
Purchasing Manager
FIRST PUBLICATION: February 5,2025
SECOND PUBLICATION: February 12,2025
CITY OF PORT ARTHUR
Request for Bids
Roof Repairs at West Side
Development Center & West Side Clinic
40y-uwn.i
„d u ry-9 2025 February', 2025
PUBLIC NOTICE
CITY Of PORT ARTHUR,TEXAS
' ADVERTISEMENT FOR BID •
Jotice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the,
5ffice of the City Secretary,City Hall 444 4th Street or P O.Box 1089,Port Arthur,Texas 77641 no
titer than 3:00 p.m.,Wednesday,February 19,2026 and all bids received will thereafter be opened
Ind read aloud at 3:15 p.m.,on Wednesday,February 19,2026 irithe City Council Chambers,5th
loot,City Hall,Port Arthur,Texas for certain services briefly described as: • -
ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER&WEST SIDE CUNIC••
aids received after the deadline stated above,regardless of method of delivery,will not be considered
rnd returned.unopened.
:opies of the Specifications and other Contract Documents are on file in the Purchasing Office,444
Ith Street,City of Port Arthur,and are open for public inspection without charge.:They can also be
etrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com.
PUBLIC NOTICE
y ANDATORY PRE-BID MEETING IS SCHEDULED FOR WEDNESDAY FEBRUARY 19.-2025 CITY OF PORT ARTHUR,TEXAS
kT2:00 P.M.AT THE LOCATIONS LOCATED AT 601 W.REV DR RANSOM HOWARD STREET, ADVERTISEMENT FOR BID
'ORT ARTHUR.TEXAS.PLEASE BRING YOUR OWN LATTERS, •
t sealed bids,addressed to the City of Port Arthur,will be received at the
'er Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not City Half 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no
ward a contract to a company that is in arrears in its obligations to the City. esday,February 19,2025 and all bids received will thereafter•be opened
• S.,on Wednesday,February 19,2025 In the City Council Chambers,5th
l7. LAK ,Texas for certain services briefly described as;
• Clifton vltilliams r WEST SIDE DEVELOPMENT CENTER&WEST SIDE CLINIC
Purchasing Manager
_ ___.._. _ line stated above,regardless of method of delivery,will not be considered
and returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444
4th Street,City of PortAithur,and are open for public inspection without charge.They can also be
retrieved from the City's website at www.portarthurtx.goviblds.aspx or www.pUblicpurchase.com.
MANDATORY PRE-BID MEETING IS SCHEDULED FOR WEQNESDAY FEBRUARY 19. 2'025
AT 2;00 P.M.AT THE LOCATIQNS LOCATED AT 601 W.REV DR RANSOM HOWARD STREET,
FORT ARTHUR,TEXAS.PLEASE BRING YOUR OWN LATTERS.
Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance, the City Council shall not
award a contract to a company that is in arrears in its obligations to the City. •
Clifton vftililarn�su
Purchasing Manager _
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.
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.
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: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR 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 addendum(s)
that might have been issued before bid closing date and time.
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.:
Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov.
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 riot 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.DUES 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 REQUIREDBY 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. . t
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:
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.
INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the
OWNER and the Engineer and their respective officers, agents, and employees, from and against
all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's
fees and expenses arising out of or resulting from the performance of the work,provided that any
such damages, claim, loss, demand, suit,judgment, cost or expense:
Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible
property (other than the work itself) including the loss of use resulting there from.
Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or
Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the
Engineer, his agents or employees arising out of the preparation or approval of maps, drawings,
reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give
directions or instructions by the Engineer,his agents or employees,provided such giving or failure
to give is the primary cause of the injury or damage.
DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the
failure of the CITY to provide information or material, if any, which is to be furnished by the
CITY. When such extra compensation is claimed, a written statement thereof shall be presented
by the CONTRACTOR to the Engineer and,if by him found correct,shall be approved and referred
by him to the Council for final approval or disapproval;and the action thereon by the Council shall
be final and binding. If delay is caused by specific orders given by the Engineers to stop work,of
by the performance of extra work, or by the failure of the CITY to provide material or necessary
instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an
equivalent extension of time, his application for which shall, however, be subject to the approval
of the City Council;and no such extension of time shall release the CONTRACTOR or the Surety
on his performance bond from all his obligations hereunder which shall remain in full force until
the discharge of the Contract.
MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one
(1)year after date of Substantial Completion or such longer period as may be prescribed by law or
by any applicable special guarantee required by the Contract Documents,any work is found to be
be returned when formal Contract, bonds and insurance are approved, and work has commenced
within the time specified.
The Bidder to whom the award is made shall execute and return the formal Contract with the CITY
and furnish Performance and Payment Bonds and required Insurance Documents within ten (10)
days after the prescribed forms are presented to him for signature. Said period will be extended
only upon written presentation to the CITY,within said period,of reasons which the sole discretion
of the CITY, justify an extension. If said Contract, bonds and insurance Documents are not
received by the CITY within said period or if work has not been commenced within the time
specified, the CITY may proceed to have the work required by the Plans and Specifications
performed by any means at its command, and the bidder shall be liable to the CITY for any excess
cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as
liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent
(5%) of the bid amount as liquidated damages without limitation.
The CITY, within ten (10) days of receipt of acceptable Performance and Payment bonds,
insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign
and return executed duplicate of the Contract to said party. Should the CITY not execute the
Contract within such period, the Bidder may, by written Notice to CITY, withdraw his signed
Agreement.
TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project
is extremely important to the CITY. Bidder must agree to commence work on or before a date to
be specified in a written "Notice to Proceed" issued by the CITY and to fully complete the project
within 90 calendar days.
Failure of the CONTRACTOR to complete the Work within the time allowed will result in damages
being sustained by the CITY. It is agreed and understood that it would be impractical and extremely
difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of
the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is
not intended by the parties to be a penalty. As such, liquidated damages of$500.00 per day will
be imposed for each calendar day the service delivery date is exceeded.
By submittal of Bid on the project,and by execution of the Contract by the CONTRACTOR awarded
the project shall constitute an agreement by the CITY and CONTRACTOR that $500.00 per day is
the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to
complete the Work within the allotted time. Such sum is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code
Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is
required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is
required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount
of one hundred percent (100%) of the contract price with corporate surety duly authorized to do
business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a
certified and effective date copy of their Power of Attorney.
ADDENDUM#4
•
CITY OF PORT ARTHUR,TEXAS
BID SHEET
PAGE,ror 2
BID FOR: ROOF REPAIRS AT WEST SIDE,DEVEL:OPMENT CENTER& WEST SIDE CLINIC
BID DUKDATE: 2 ,2025
BASE..BID
CALENDAR
ITEM# DESCRIPTION DAYS TOTAL COST
WEST SIDE DEVELOPMENT
1 CENTER 25 $ 59,895.00
2 CONTINGENCY $5,000
3 TOTAL BASE BID 25 $ 64,895.00
4 •, WEST SIDE CLINIC 25 $ 59,895.00
5 CONTINGENCY $5 000
6 'TOTAL BASE BID 25 $ 64;895.00.
SUPPLEMENTAL ITEM
CALENDAR
ITEM# DESCRIPTION DAYS : TOTAL COST
Number of Tiles 78
1 CEILING TILE 2 $ 2,785.00
2 INSULATION REPAIR none $ 10,458.00
VERTICAL CABINET
3 REPAIR 5 $ 850.00
4 GRID REPAIR 1 $ 885.00
'REPAIR WALL DUE WATER
5 DAMAGE 3 $ 77500
03/26/2025
SIGNA . OF BIDDER DATE
Executed in Two Original Counterparts
• Bond No.: C1C1962306B
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned,
M & S Barnett Construction LTD DBA Mike Barnett Construction
as Principal, and
Capitol indemnity Corporation as Surety, are
hereby held and firmly bound unto _ City of Port Arthur, TX as
OWNER in the penal sum of
Six Thousand and 00/100 Dollars ($6,000.00) for the
payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves,successors and assigns.
Signed, this 17th day of March , 20 25 . The
Condition of the above obligation is such that whereas the Principal
has submitted to
City of Port Arthur, TX a certain BID,
attached hereto and hereby made a part hereof to enter
into a Contract in writing, for the
Remove and replace standing seam metal roof on 2 similar buildings/P25-025
NOW,THEREFORE,
(a) If said BID shall be rejected,or
(b) If said BID shall be accepted and the Principal shall execute and deliver a
Contract in the Form of Contract attached hereto (properly completed in
accordance with said BID) and shall furnish a BOND for his faithful performance
of said Contract, and for the payment of all persons performing labor or
furnishing materials in connection therewith, and shall in all other respects
perform the agreement created by the acceptance of said BID, then this
obligation shall be void, otherwise the same shall remain in force and effect; it
being expressly understood and agreed that the liability of the Surety for any and
all claims hereunder shall, in no event,exceed the penal amount of this obligation
as here in stated.
E-1
The Surety,for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the
time within which the OWNER may accept such BID; and said Surety does hereby waive
notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be
hereto affixed and these presents to be signed by their proper Officers, the day and
year first set forth above.
M&S Barnett Construction LTD DBA Mike Barnett Construction (LS.) PRINCIPAL
By: _
Capitol 'Indemnity Corporation Sonya Barnett, Managing Member
SURETY
BY: � ..
Jeremy J. Crawford, Attorney-In-Fact
IMPORTANT - Surety companies executing BONDS must appear on the Treasury
Department's most current list(Circular 570 as amended)and be authorized to transact
business in the state where the project is located.
E-2
Lock Fields
CAPITOL INDEMNITY CORPORATION CIC1962306B
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS,That the CAPITOL li\NDEMNITY CORPORATION,a corporation of the State of Wisconsin,having its
principal offices in the City of Middleton,Wisconsin;does make,constitute and appoint
—__—_----�---- JEREMY J.CRA\VFORD;WiLLiAM J.NEMEC;MICHAEL D.WILLIAMS-
its -•--------- _.-
true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all
bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall
exceed in amount the sum of
----- --ALL WRITTEN INSTRUMENTS IN AN AM OUNT NOT TO EXCEED:520,000,000.00----------------------------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May,2002.
"RESOLVED,that the President,Executive Vice President,Vice President,Secretary or Treasurer,acting individually or otherwise,be and they hereby
are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings,and
other writings obligatory in the nature thereof,one or more resident vice-presidents,assistant secretaries and attomcy(s)-in-fact,each appointee to have the
powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such
power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is
attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. it is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-Department of
Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
IN WITNESS WHEREOF,the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its
corporate seal to be hereto affixed duly attested,this 1st day of January,2020.
Attest: (� ``+\++++pumnmrgprir CAPITOL INDEMNITY CORPORATION
�L •
Ryan J.Byrnes •
_
Senior Vice President, A�'
Chief Financial Officer and Treasurer y�E.L _' John L.Sennott,Jr.
p . Chief Executive Officer and President
Suzanne M.Broadbent ,'/'''� r:41.8.l `w`+++�\r\
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE J S.S.:
On the 1st day ofJanuary,2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that
he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY
CORPORATION,the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the
seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name
thereto by like order. .00timn°imro„w4
:t
.`- 4t1BLNC, ; I David J.Regele
Notary Public,Dane Co,WISTATE OF WISCONSiN . 'mr COF..-./��
S.S My Commission is Permanent
COUNTY OF DANE 'un+om+^
I,the undersigned,duly elected to the office stated below,now the incumbent in CAPITOL INDEMNITY CORPORATION,a Wisconsin Corporation,
authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been
revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Middleton,Stale or Wisconsin this 12th day of March .20 25
.SEAL = /l ✓lti • 1
Andrew B.Diaz-Matos
• Senior Vice President,General Counsel and Secretary
,mnrmcrmrn
THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. iF YOU HAVE ANY QUESTIONS CONCERNING THE
AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-ePOA-M(Rev.01-2020)
GENERAL CONDITIONS
1. CONTRACT AND CONTRACT DOCUMENTS
The Plans, Specifications and Addenda, enumerated in the Agreement and
Paragraph 1 of the Supplemental General Conditions, shall form part of this
Contract, and the provisions thereof shall be as binding upon the parties hereto
as if they were herein fully set forth. The Table of Contents, titles, headings,
running headlines and marginal notes contained herein and in said Documents
are solely to facilitate reference to various provisions of the Contract Documents
and in no way affect, limit, or cast light on the interpretation of the provisions to
which they refer.
2. DEFINITIONS
The following terms, as used in this Contract,are respectively defined as follows:
a. "CONTRACTOR": A person, firm or corporation with whom the Contract is
made with the OWNER or CITY OF PORT ARTHUR.
b. "Subcontractor": A person,firm or corporation supplying labor and materials
or only labor for work at the site of the project for, and under separate
Contract or agreement with,the CONTRACTOR.
c. "Work on (at) the Project": Work to be performed at the location of the
project, including the transportation of materials and supplies to or from the
location of the project by employees of the CONTRACTOR and any
Subcontractor.
d. "OWNER": Refers to the CITY OF PORT ARTHUR.
e. "CITY": Refers to the CITY OF PORT ARTHUR.
f. "ENGINEER": CITY OF PORT ARTHUR
3. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the CONTRACTOR shall fail to fulfill in 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 OF
PORT ARTHUR, 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 ten (10) days before the effective date of
such termination. In such event, all finished or unfinished Documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by
the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT
ARTHUR, become its property and the CONTRACTOR shall be entitled to receive
just and equitable compensation for any work satisfactorily completed
hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved
of liability to the for damages sustained by the CITY OF PORT ARTHUR by virtue
F-1
of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT
ARTHUR 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 OF PORT
ARTHUR from the CONTRACTOR is determined.
4. PERSONNEL
a. The CONTRACTOR represents that he has, or will secure at his own expense,
all personnel required in performing the work under this Contract. Such
personnel shall not be employees of, or have any contractual relationship
with,the CITY OF PORT ARTHUR.
b. All of the work required hereunder will be performed by the CONTRACTOR,
or under his supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to
perform such services.
c. None of the work covered by this Contract shall be subcontracted without
the prior written approval of the CITY OF PORT ARTHUR. Any work or
services subcontracted hereunder shall be specified by written Contract or
agreement and shall be subject to each provision of this Contract.
5. REPORTS AND INFORMATION
The CONTRACTOR, at such times and in such forms as the CITY OF PORT
ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic
reports as it may request pertaining to the work or services undertaken pursuant
to this Contract, the costs and obligations incurred or to be incurred in
connection therewith,and any other matters covered by this Contract.
6. RECORDS AND AUDITS
The CONTRACTOR shall maintain accounts and records, including personnel,
property and financial records, adequate to identify and account for all costs
pertaining to the Contract and such other records as may be deemed necessary
by the CITY OF PORT ARTHUR to assure proper accounting for all project funds,
both federal and non-federal shares.
These records will be made available for audit purposes to the CITY OF PORT
ARTHUR or any authorized representative and will be retained for three (3) years
after the expiration of this Contract, unless permission to destroy them is
granted by the CITY OF PORT ARTHUR.
7. FINDINGS CONFIDENTIAL
All of the reports, information, data, etc., prepared or assembled by the
CONTRACTOR under this Contract are confidential, and CONTRACTOR agrees
that they shall not be made available to any individual or organization without
the prior written approval of the CITY OF PORT ARTHUR.
F-2
8. COPYRIGHT
No report, maps or other Documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of
the CONTRACTOR.
9. 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 the work herein, the protection of adjacent property and the
maintenance of passageways,guard fences or other protective facilities.
10. INTEREST OF MEMBERS OF CITY
No member of the governing body of the CITY OF PORT ARTHUR, and no other
Officer, Employee or Agent of the CITY OF PORT ARTHUR, 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.
11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of
such locality, 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.
12. INTEREST OF CONTRACTOR AND EMPLOYEES
The CONTRACTOR covenants that he presently has no interest and shall not
acquire any interest, direct or indirect, in the study area or any parcels therein or
any other interest which would conflict in any manner or degree with the
performance of his services hereunder. The CONTRACTOR further covenants
that in the performance of this Contract, no person having any such interest shall
be employed.
13. 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.
14. CERTIFICATES AND PERMITS
F-3
Except for required permits issued by OWNER,which shall be issued at no cost to
CONTRACTOR, CONTRACTOR shall secure at his own expense from other public
authorities all necessary certificates, licenses, approvals and permits required in
connection with the work of this Contract or any part thereof, and shall give all
notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees
and charges incident to the due and lawful prosecution of the work of this
Contract, and any extra work performed by him.
15. GUARANTEE OF WORK
a. Neither the final certificate of payment, nor any provision in the Contract
Documents, nor partial or entire occupancy of the premises by the OWNER
shall constitute an acceptance of work not done in accordance with the
Contract Documents or relieve the CONTRACTOR of liability in respect to
any warranties or responsibility for faulty materials or workmanship. The
CONTRACTOR guarantees and warrants that all materials and equipment
which are to become part of the work shall be new unless otherwise
specified, and that all work will be of good quality and free from faults or
defects and in accordance with the Contract Documents and of any
inspections, tests or approvals required by the Contract Documents, law,
ordinance, rules, regulations or orders of any public authority having
jurisdiction. The OWNER will give notice of observed defects with
reasonable promptness.
b. Neither observations by Architect or Engineer nor inspections, tests or
approvals by persons other than CONTRACTOR shall relieve CONTRACTOR
from his obligations to perform the work in accordance with the
requirements of the Contract.
c. The provisions of this Paragraph shall be cumulative of, and not in limitation
of,the responsibility of CONTRACTOR for defects in the work or materials or
damages resulting therefrom as otherwise provided by the law of the State
of Texas or this Contract, including, without limitation, the implied warranty
of fitness of the work and the implied obligation to perform the work in a
good and workmanlike manner.
16. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
The CONTRACTOR will be furnished additional instructions and detail drawings
as necessary to carry out the work included in the Contract. The additional
drawings and instructions thus supplied to the CONTRACTOR will coordinate
with the Contract Documents and will be so prepared that they can be
reasonably interpreted as part thereof. The CONTRACTOR shall carry out the
work in accordance with the additional detail drawings and instructions. The
CONTRACTOR and the Architect/Engineer will prepare jointly: (a) a schedule,
fixing the dates at which special detail drawings will be required,such drawings, if
any, to be furnished by the Architect/Engineer in accordance with said schedule;
and, (b) a schedule fixing the respective dates for the submission of shop
drawings, the beginning of manufacture, testing and installation of materials,
supplies and equipment, and the completion of the various parts of the work;
F-4
each such schedule to be subject to change from time to time in accordance
with the progress of the work.
17. SHOP OR SETTING DRAWINGS
The CONTRACTOR shall submit promptly to the Architect/Engineer two (2)
copies of each shop or setting drawing prepared in accordance with the schedule
predetermined as aforesaid. After examination of such drawings by the
Architect/Engineer and the return thereof, the CONTRACTOR shall make such
corrections to the drawings as have been indicated and shall furnish the
Architect/Engineer with two (2) corrected copies. If requested by the
Architect/Engineer, the CONTRACTOR must furnish additional copies.
Regardless of corrections made in, or approval given to, such drawings by the
Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the
accuracy of such drawings and for their conformity to the Plans and
Specifications, unless he notifies the Architect/Engineer in writing of any
deviations at the time he furnishes such drawings.
18. MATERIALS, SERVICES AND FACILITIES
a. It is understood that, except as otherwise specifically stated in the Contract
Documents, the CONTRACTOR shall provide and pay for all materials, labor,
tools, equipment, water, light, power, transportation, superintendents,
temporary construction of every nature, and all other services and facilities
of every nature whatsoever necessary to execute, complete and deliver the
work within the specified time.
b. Any work necessary to be performed after regular working hours,on Sundays
or Legal Holidays, shall be performed without additional expense to the
OWNER.
19. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the CONTRACTOR or
by any Subcontractor subject to any chattel mortgage or under a conditional sale
Contract or other agreement by which an interest is retained by the seller. The
CONTRACTOR warrants that he has good title to all materials and supplies used
by him in the work,free from all liens,claims or encumbrances.
20. INSPECTION AND TESTING OF MATERIALS
All materials, equipment, etc., used in the construction of the project shall be
subject to adequate inspection and testing in accordance with accepted
standards and frequency, or as required by the contract documents. The
CONTRACTOR shall make all arrangements for such tests and inspections with a
local independent testing laboratory acceptable to the OWNER, and the
CONTRACTOR shall bear all related costs of tests and inspections. If such
procedures for testing and inspection reveal failure to comply with accepted
standards or with requirements established by the contract documents, all re-
F-5
•
testing and re-inspection costs made necessary by such failure, including those
of related procedures,shall also be at CONTRACTOR'S expense.
If the ENGINEER and/or OWNER determines that portions of the project
requires additional testing or inspection not included in CONTRACTOR'S original
bid, the ENGINEER shall, upon written authorization from the OWNER, instruct
the CONTRACTOR to make arrangements for additional testing and inspection.
The costs for such additional testing and inspection shall be at OWNER'S
expense.
The CONTRACTOR'S independent testing laboratory shall give timely notice to
the CONTRACTOR and the ENGINEER of when and where tests and inspections
are to be made so that the CONTRACTOR and the ENGINEER may be present
for such procedures. If the ENGINEER is to observe tests and inspections, the
ENGINEER will do so promptly and, where practical, at the normal pace of
testing. Tests and inspections shall be made promptly to avoid unreasonable
delays on the project.
Required certificates and/or reports of all test and inspections shall, unless
otherwise required by the contract documents, be promptly delivered by the
independent testing laboratory to the CONTRACTOR, the ENGINEER, and the
OWNER.
21. "OR EQUAL" CLAUSE
Whenever a material, article or piece of equipment is identified on the Plans or in
the Specifications by reference to manufacturers' or vendors' names, trade
names, catalogue numbers, etc., it is intended merely to establish a standard;
and, any material, article or equipment ofkother manufacturers and vendors
which will perform adequately the duties imposed by the general design will be
considered equally acceptable provided the material, article or equipment so
proposed is, in the opinion of the Architect/Engineer, of equal substance and
function. It shall not be purchased or installed by the CONTRACTOR without the
Architect/Engineer's written approval.
22. PATENTS
a. The CONTRACTOR shall hold and save the OWNER and its Officers, Agents,
Servants and Employees harmless from liability of any nature or kind,
including cost and expenses for, or on account of, any patented or
unpatented invention, process, article or appliance manufactured or used in
the performance of the Contract, including its use by the OWNER, unless
otherwise specifically stipulated in the Contract Documents.
b. License or Royalty Fees: License and/or royalty fees for the use of a process
which is authorized by the OWNER of the project must be reasonable and
paid to the holder of the patent, or his authorized licensee, direct by the
OWNER and not by or through the CONTRACTOR.
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c. If the CONTRACTOR uses any design, device or materials covered by letters
patent or copyright, he shall provide for such use by suitable agreement with
the OWNER of such patented or copyrighted design, device or material. It is
mutually agreed and understood that, without exception, the Contract
prices shall include all royalties or costs arising from the use of such design,
device or materials in any way involved in the work. The CONTRACTOR
and/or his Sureties shall indemnify and save harmless the OWNER of the
project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or
copyright in connection with work agreed to be performed under this
Contract, and shall indemnify the OWNER for any cost, expense or damage
which it may be obliged to pay by reason of such infringement at any time
during the prosecution of the work or after completion of the work.
23. SURVEYS
Unless otherwise expressly provided for in the Specifications, the OWNER will
furnish to the CONTRACTOR all surveys necessary for the execution of the work.
24. CONTRACTOR'S OBLIGATIONS
The CONTRACTOR shall and will, in good workmanlike manner, do and 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, within the time
herein specified, in accordance with the provisions of this Contract and said
Specifications and in accordance with the Plans and drawings covered by this
Contract and any and all supplemental Plans and drawings, and in accordance
with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain and remove such
construction plant and such temporary works as may be required.
The CONTRACTOR shall observe, comply with and be subject to all terms,
conditions, requirements and limitations of the Contract and Specifications, and
shall do, carry on and complete the entire work to the satisfaction of the
Architect/Engineer and the OWNER.
25. INSURANCE
The CONTRACTOR shall not commence work under this Contract until he has
obtained all the insurance required herein and such insurance has been approved
by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to
commence work on this Subcontract until the insurance required of the
Subcontractor has been so obtained and approved. (See information to Bidders,
Paragraph 5.)
26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS,AND
ACCIDENT PREVENTION
(a) Danger Signals and Safety Devices (Modify as Required):
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The CONTRACTOR shall make all necessary precautions to guard against
damages to property and injury to persons. He shall put up and maintain in
good condition, sufficient red or warning lights at night, suitable barricades
and other devices necessary to protect the public. In case the
CONTRACTOR fails or neglects to take such precautions, the OWNER may
have such lights and barricades installed and charge the cost of this work to
the CONTRACTOR. Such action by the OWNER does not relieve the
CONTRACTOR of any liability incurred under these Specifications or
Contract.
(b) Use of Explosives:
When the use of explosives is necessary for the prosecution of the work,the
CONTRACTOR shall observe all local, State and Federal laws in purchasing
and handling explosives. The CONTRACTOR shall take all necessary
precautions to protect completed work, neighboring property, water lines or
other underground structures. Where there is danger to structures or
property from blasting, the charges shall be reduced and the material shall
be covered with suitable timber,steel or rope mats.
The CONTRACTOR shall notify all OWNER'S of public utility property of the
intention to use explosives at least eight (8) hours before blasting is done,
close to such property. Any supervision or direction of use of explosives by
the Engineer does not in any way reduce the responsibility of the
CONTRACTOR or his Surety for damages that may be caused by such use.
27. SUSPENSION OF WORK
Should the OWNER be prevented or enjoined from proceeding with work or from
authorizing its prosecution either before or after its prosecution, by reason of
any litigation,the CONTRACTOR shall not be entitled to make or assert claim for
damage by reason of said delay, but time for completion of the work will be
extended to such reasonable time as the OWNER may determine will
compensate for time lost by such delay with such determination to be set forth
in writing.
28. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
In order to protect the lives and health of his Employees under the Contract,the
CONTRACTOR shall comply with all pertinent provisions of the Contract Work
Hours and Safety Standards Act, as amended, commonly known as the
Construction Safety Act as pertains to health and safety standards; and shall
maintain an accurate record of all cases of death,occupational disease and injury
requiring medical attention or causing loss of time from work, arising out of and
in the course of employment on work under the Contract.
The CONTRACTOR alone shall be responsible for the safety, efficiency and
adequacy of his plant, appliances and methods, and for any damage which may
result from their failure or their improper construction, maintenance or
operation.
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29. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER
The CONTRACTOR agrees to the use and occupancy of a portion or unit of the
project before formal acceptance by the OWNER, provided the OWNER:
a. Secures written consent of the CONTRACTOR except in the event, in the
opinion of the Architect/Engineer, the CONTRACTOR is chargeable with
unwarranted delay in completing the contract requirements;
b. Secures consent of the Surety;
c. Secures endorsement from the insurance carrier(s) permitting occupancy of
the building or use of the project during the remaining period of
construction; or,
d. When the project consists of more than one (1) building and one of the
buildings is occupied, secures permanent fire and extended coverage
insurance, including a permit from the insurance carrier to complete
construction.
30. USE OF PREMISES AND REMOVAL OF DEBRIS
The CONTRACTOR expressly undertakes at his own expense:
a. To take every precaution against injuries to persons or damage to property;
b. To store his apparatus, materials, supplies and equipment in such orderly
fashion at the site of the work as will not unduly interfere with the progress
of his work or the work of any other CONTRACTOR'S;
c. To place upon the work or any part thereof only such loads as are consistent
with the safety of that portion of the work;
d. To clean up frequently all refuse, rubbish, scrap materials and debris caused
by his operations, to the end that at all times the site of the work shall
present a neat,orderly and workmanlike appearance;
e. Before final payment to remove all surplus material, false work, temporary
structures, including foundations thereof, plant of any description and debris
of every nature resulting from his operations, and to put the site in a neat,
orderly condition;
f. To effect all cutting, fitting or patching of his work required to make the
same to conform to the Plans and Specifications and, except with the
consent of the Architect/Engineer, not to cut or otherwise alter the work of
any other CONTRACTOR.
31. QUANTITIES OF ESTIMATE
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Wherever the estimated quantities of work to be done and materials to be
furnished under this Contract are shown in any of the documents including the
proposal, they are given for use in comparing bids and the right is especially
reserved, except as herein otherwise specifically limited, to increase or diminish
them as may be deemed reasonably necessary or desirable by the OWNER to
complete the work contemplated by the Contract, and such increase or
diminution shall in no way vitiate this Contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
32. LANDS AND RIGHTS-OF-WAY
Prior to the start of construction, the OWNER shall obtain all lands and rights-of-
way necessary for the carrying out and completion of work to be performed
under this CONTRACT.
33. NOTICE AND SERVICE THEREOF
Any notice to any CONTRACTOR from the OWNER relative to any part of this
Contract shall be in writing and considered delivered and the service thereof
completed when said notice is posted, by certified or registered mail, to the said
CONTRACTOR at his last given address, or delivered in person to the said
CONTRACTOR or his authorized representative on the work.
34. SEPARATE CONTRACT
The CONTRACTOR shall coordinate his operations with those of other
CONTRACTORS. Cooperation will be required in the arrangement for the
storage of materials and in the detailed execution of the work. The
CONTRACTOR, including his Subcontractors, shall keep informed of the progress
and the detail work of other CONTRACTORS and shall notify the
Architect/Engineer immediately of lack of progress or effective workmanship on
the part of other CONTRACTORS.
Failure of a CONTRACTOR to keep informed of the work progressing on the site
and failure to give notice of lack of progress or defective workmanship by others
shall be construed as acceptance by him of the status of the work as being
satisfactory for proper coordination with his own work.
35. SUBCONTRACTING
a. The CONTRACTOR may utilize the services of specialty Subcontractors on
those parts of work which, under normal contracting practices, are
performed by specialty Subcontractors.
b. The CONTRACTOR shall not award any work to any Subcontractor without
prior written approval of the OWNER, which approval will not be given until
the CONTRACTOR submits to the OWNER a written statement concerning
the proposed award to the Subcontractor, which statement shall contain
such information as the OWNER may require.
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c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or
omissions of his Subcontractors, and of persons either directly or indirectly
employed by them, as he is for the acts and omissions of persons directly
employed by him.
d. The CONTRACTOR shall cause appropriate provisions to be inserted in all
Subcontracts relative to the work to bind Subcontractors to the
CONTRACTOR by the terms of the General Conditions and other Contract
Documents insofar as applicable to the work of Subcontractors, and to give
the CONTRACTOR the same power as regards terminating any Subcontract
that the OWNER may exercise over the CONTRACTOR under any provision
of the Contract Documents.
e. Nothing contained in this Contract shall create any contractual relation
between any Subcontractor and the OWNER.
36. ARCHITECT/ENGINEER'S AUTHORITY
The Architect/Engineer shall give all orders and directions contemplated under
this Contract and Specifications, relative to the execution of the work. The
Architect/Engineer shall determine the amount, quality, acceptability and fitness
of the several kinds of work and materials which are to be paid for under this
Contract, and shall decide all questions which may arise in relation to said work
and the construction thereof. The Architect/Engineers estimates and decisions
shall be final and conclusive, except as herein otherwise expressly provided. In
case any question shall arise between the parties hereto relative to said Contract
or Specifications, the determination or decision of the Architect/Engineer shall
be a condition precedent to the right of the CONTRACTOR to receive any money
or payment for work under this Contract affected in any manner or to any extent
by such question.
37. MEANING OF INTENT
The Architect/Engineer shall decide the meaning and intent of any portion of the
Specifications and of any Plans or drawings where the same may be found
obscure or be in dispute. Any differences or conflicts in regard to their work
which may arise between the CONTRACTOR, under this Contract and other
CONTRACTOR'S, performing work for the OWNER, shall be adjusted and
determined by the Architect/Engineer.
38. CONTRACT SECURITY
If the Contract amount exceeds Fifty Thousand Dollars [$50,000.00], a Payment
Bond shall be furnished, and if the contract exceeds One Hundred Thousand
Dollars [$100,000.00], a Performance Bond also shall be furnished, on prescribed
forms in the amount of one hundred percent (100%) of the Contract price or in a
penal sum not less than that prescribed by State, territorial or local law, as
security for the payment of all persons performing labor on the project under
this Contract and furnishing materials in connection with this Contract and as
security for the faithful performance of this Contract.
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39. ADDITIONAL OR SUBSTITUTE BOND
If at any time the OWNER, for justifiable cause, shall be or become dissatisfied
with any Surety or Sureties for the Performance and/or Payment Bonds, the
CONTRACTOR shall, within five (5) days after notice from the OWNER to do so,
substitute an acceptable bond (or bonds) in such form and sum and signed by
such other Surety or Sureties as may be satisfactory to the OWNER. The
premiums on such bond shall be paid by the CONTRACTOR. No further
payments shall be deemed due nor shall be made until the new Surety and
Sureties shall have furnished such an acceptable bond to the OWNER.
40. ASSIGNMENTS
The CONTRACTOR shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder without written consent of the
OWNER. In case the CONTRACTOR assigns all or any part of any monies due or
to become due under this Contract,the instrument of assignment shall contain a
clause substantially to the effect that it is agreed that the right of the assignee in
and to any monies due or to become due to the CONTRACTOR shall be subject
to prior claims of all persons, firms and corporations of services rendered or
materials supplied for the performance of the work called for in this Contract.
41. MUTUAL RESPONSIBILITY OF CONTRACTORS
If, through acts of neglect on the part of the CONTRACTOR, any other
CONTRACTOR or any Subcontractor shall suffer loss or damage on the work,the
CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor
by agreement or arbitration if such other CONTRACTOR or Subcontractor will so
settle. If such other CONTRACTOR or Subcontractor shall assert any claim
against the OWNER on account of any damage alleged to have been sustained,
the OWNER shall notify the CONTRACTOR, who shall indemnify and safe
harmless the OWNER against any such claim.
42. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The Acceptance by the CONTRACTOR of final payment shall be and shall
operate as a release to the OWNER of all claims and all liability to the
CONTRACTOR for all things done or furnished in connection with this work and
for every act and neglect of the OWNER and others relating to or arising out of
this work. No payment, however, final or otherwise, shall operate to release the
CONTRACTOR or his Sureties from any obligations under this Contract or the
Performance and Payment Bonds.
43. PAYMENTS BY CONTRACTOR
The CONTRACTOR shall pay (a) for all transportation and utility services no later
than the thirty(30) calendar days from the date of submission to the City of Port
Arthur, (b) for all materials, tools and other expendable equipment to the
extent of ninety percent (90%) cost thereof, no later than the 20th day of the
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calendar month following that in which such materials, tools and equipment are
delivered at the site of the project, and the balance of the cost thereof, no later
than the 30th day following the completion of that part of the work in or on
which such materials,tools and equipment are incorporated or used; and (c) to
each of his Subcontractors, no later than the 5th day following each payment to
the CONTRACTOR, the respective amounts allowed the CONTRACTOR on
account of the work performed by his Subcontractors to the extent of each
Subcontractors' interest therein.
44. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract, and before the first
partial payment is made, the CONTRACTOR shall deliver to the OWNER an
estimated construction progress schedule in form satisfactory to the OWNER,
showing the proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due the
CONTRACTOR in accordance with the progress schedule. The CONTRACTOR
shall also furnish on forms to be supplied by the OWNER: (a) a detailed estimate
giving a complete breakdown of the Contract price; and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereon.
The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as fixing a
basis for additions to or deductions from the Contract price.
45. PAYMENTS TO CONTRACTOR
a. Not later than the thirty (30) calendar days from the date of submission to
the CITY OF PORT ARTHUR, the OWNER shall make a progress payment to
the CONTRACTOR on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this
Contract, but to insure the proper performance of the Contract, the OWNER
shall retain Ten percent (10%) [five percent (5%1 if the total contract price
exceeds $25,000] of the amount of each estimate until final completion and
acceptance of all work covered by this Contract; Provided, that the
CONTRACTOR shall submit his estimate no later than the fifth (5th) day of
the month. Provided further, that on completion and acceptance of each
separate building, public work or other division of the Contract on which the
price is stated separately in the Contract, payment may be made in full,
including retained percentages thereon, less authorized deductions. The
CONTRACTOR is advised that the payment schedule noted in the paragraph
is subject to fluctuation due to the City Council's regular schedule of meeting
on the second and forth Mondays of each month. The CONTRACTOR may
alter his estimate period such as to give the Engineer ten (10) working days
prior to the next scheduled City Council meeting to prepare an estimate of
the work completed and submit said estimate for the OWNERS action.
b. In preparing estimates, the material delivered on the site and preparatory
work done may be taken into consideration.
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c. All material and work covered by partial payments made shall thereupon
become the sole property of the OWNER, but this provision shall not be
construed as relieving the CONTRACTOR from the sole responsibility for the
care and protection of materials and work upon which payments have been
made or the restoration of any damaged work or as a waiver of the right of
the OWNER to require the fulfillment of all of the terms of the Contract.
d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof:
The CONTRACTOR agrees that he will indemnify and save the OWNER
harmless from all claims growing out of the lawful demands of
Subcontractors, laborers, workmen, mechanics, materialmen and furnishers
of machinery and parts thereof, equipment, power tools and all supplies,
including commissary, incurred in the furtherance of the performance of this
Contract. The CONTRACTOR shall, at the OWNER'S request, furnish
satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the CONTRACTOR fails
to do so, then the OWNER may, after having served written notice on the
said CONTRACTOR, either pay unpaid bills, of which the OWNER has written
notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful
claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the CONTRACTOR shall be resumed,
in accordance with the terms of this Contract, but in no event shall the
provisions of this sentence be construed to impose any obligations upon the
OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills
of the CONTRACTOR, the OWNER shall be deemed the agent of the
CONTRACTOR, and any payment so made by the OWNER shall be
considered as a payment made under Contract by the OWNER to the
• CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for
any such payments made in good faith. This provision shall not be construed
to give rise to any third party beneficiary rights in claimants.
46. CORRECTION OF WORK
All work, all materials, whether incorporated in the work or not, all processes of
manufacture and all methods of construction shall be at all times and places
subject to the inspection of the Architect/Engineer who shall be the final judge
of the quality and suitability of the work, materials, processes of manufacture
and methods of construction for the purposes for which they are used. Should
they fail to meet his approval, they shall be forthwith reconstructed, made good,
replaced and/or corrected, as the case may be, by the CONTRACTOR at his own
expense. Rejected material shall immediately be removed from the site. If, in
the opinion of the Architect/Engineer, it is undesirable to replace any defective
or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the
compensation to be paid to the CONTRACTOR hereunder shall be reduced by
such amount as in the judgement of the Architect/Engineer shall be equitable.
47. SUBSURFACE CONDITIONS FOUND DIFFERENT
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Should the CONTRACTOR encounter subsurface and/or latent conditions at the
site materially differing from those shown on the Plans or indicated in the
Specifications, he shall immediately give notice to the Architect/Engineer of such
conditions before they are disturbed. The Architect/Engineer will thereupon
promptly investigate the conditions and, if he finds that they materially differ
from those shown on the Plans or indicated in the Specifications, he will at once
make such changes in the Plans and/or Specifications as he may find necessary,
any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 49 of the General Conditions.
48. CLAIMS FOR EXTRA COST
No claim for extra work or cost shall be allowed unless the same was done
pursuant to a written order of the Architect/Engineer approved by the OWNER,
as aforesaid, and the claim presented with the first estimate after the changed
or extra work is done. When work is performed under the terms of Subparagraph
49(c) of the General Conditions,the CONTRACTOR shall furnish satisfactory bills,
payrolls and vouchers covering all items of cost and when requested by the
OWNER,give the OWNER access to accounts relating thereto.
49. CHANGES IN WORK
No changes in the work covered by the approved Contract Documents shall be
made without having prior written approval of the OWNER. Charges or credit for
the work covered by the approved change shall be determined by one or more,
or a combination of the following methods:
a. Unit bid prices previously approved.
b. An agreed lump sum.
c. The actual cost of:
(1) Labor, including foreman;
(2) Materials entering permanently into the work;
(3) The ownership or rental cost of construction plant and equipment
during the time of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age unemployment contributions.
To the cost under(c.) there shall be added a fixed fee to be agreed upon but not
to exceed fifteen percent (15%) of the work. The fee shall be compensation to
cover the cost of supervision, overhead, bond, profit and any other general
expenses.
50. EXTRAS
Without invalidating the Contract, the OWNER may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly, and the consent of the Surety being first obtained
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where necessary or desirable. All the work of the kind bid upon shall be paid for
at the price stipulated in the proposal, and no claims for any extra work or
materials shall be allowed unless the work is ordered in writing by the OWNER or
its Architect/Engineer, acting officially for the OWNER, and the price is stated in
such order.
51. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between the CONTRACTOR
and the OWNER, that the date of beginning and the time for completion as
specified in the Contract of the work to be done hereunder are ESSENTIAL
CONDITIONS of this Contract; and it is further mutually understood and agreed
that the work embraced in this Contract shall be commenced on a date to be
specified in the "Notice to Proceed".
The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently
and without interruption at such rate of progress as will ensure full completion
thereof within the time specified. It is expressly understood and agreed, by and
between the CONTRACTOR and the OWNER, that the time for the completion
of the work described herein is a reasonable time for the completion of same,
taking into consideration the average climatic range and usual industrial
conditions prevailing in this locality.
If the said CONTRACTOR shall neglect,fail or refuse to complete the work within
the time herein specified, or any proper extension thereof granted by the
OWNER, then the CONTRACTOR does hereby agree, as a part consideration for
the awarding of this Contract,to pay to the OWNER the amount specified in the
Contract, not as a penalty, but as liquidated damages for such breach of
Contract as hereinafter set forth, for each and every consecutive calendar day,
including, but not limited to, all Saturdays, Sundays, and Federal, State, and City
holidays and that the CONTRACTOR shall be in default after the time stipulated
in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR
and the OWNER because of the impracticability and extreme difficulty of fixing
and ascertaining the actual damages the OWNER would in such event sustain,
and said amount is agreed to be the amount of damages which the OWNER
would sustain and said amount shall be retained from time to time by the
OWNER from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and of the Specifications wherein a definite and certain length of time
is fixed for the performance of any act whatsoever; and where under the
Contract an additional time is allowed for the completion of any work, the new
time limit fixed by such extension shall be of the essence of this Contract.
Provided,that the CONTRACTOR shall not be charged with any part of liquidated
damages or any excess cost when the OWNER determines that any part of
liquidated damages was not the fault of the CONTRACTOR and the OWNER
determines that the request for extension by the CONTRACTOR is justified and
due to:
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a. Any preference, priority or allocation order duly issued by the government;
b. The following unforeseeable causes, namely: acts of the public enemy, acts
of the OWNER, acts of another CONTRACTOR in the performance of a
Contract with the OWNER, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy
days claimed by the CONTRACTOR; however, rainy days shall be considered
only if the CONTRACTOR notifies the Engineer or OWNER on the day the
CONTRACTOR claims he cannot work because of rainy weather that day.
Failure to so report will eliminate any claim for time extension because of
rainy weather on that day.
c. Rainy weather when 60 percent of his work force cannot work for seven (7)
hours or more that day because of rainy weather and providing that he has
complied with the condition under 51(b).
d. Any delays of Subcontractors or suppliers occasioned by any of the causes
specified in Subsections (a.) and (b.) of this Article.
It is also agreed that for each five (5) regular days of work lost due to any of the
foregoing reasons,seven (7) calendar days will be added to the contract time (or
1.4 calendar days added for each one (1) regular day of work lost). Fractional
calendar days will be rounded to the nearest whole number of days.
Provided, further, that the CONTRACTOR shall, within ten (10) days from the
beginning of such delay, unless the OWNER shall grant a further period of time
prior to the date of final settlement of the Contract, notify the OWNER, in
writing, of the causes of delay, who shall ascertain the facts and extent of the
delay and notify the CONTRACTOR within reasonable time of its decision in the
matter.
Provided, that this provision for liquidated damages shall be cumulative of and
not in limitation of any other remedy available to OWNER, including, without
limitation, the right to terminate as provided in Paragraph 3 and to recover
additional damages for any excess cost in otherwise completing the work.
52. WEATHER CONDITIONS
In the event of temporary suspension of work, or during inclement weather, or
whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will
cause his Subcontractors to, protect carefully his, and their, work and materials
against damage or injury from the weather. If, in the opinion of the
Architect/Engineer, any work or materials shall have been damaged or injured by
reason of failure on the part of the CONTRACTOR or any of his Subcontractors so
to protect his work,such materials shall be removed and replaced at the expense
of the CONTRACTOR.
53. PROTECTION OF WORK AND PROPERTY-EMERGENCY
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The CONTRACTOR shall at all times safely guard the OWNER'S property from
injury or loss in connection with this Contract. He shall at all times safely guard
and protect his own work, and that of adjacent property, from damage. The
CONTRACTOR shall replace or make good any such damage, loss or injury unless
such be caused directly by errors contained in the Contract or by the OWNER, or
his duly authorized representatives.
In case of an emergency which threatens loss or injury of property and/or safety
of life, the CONTRACTOR will be allowed to act, without previous instructions
from the Architect/Engineer, in a diligent manner. He shall notify the
Architect/Engineer immediately thereafter. Any claim for compensation by the
CONTRACTOR due to such extra work shall be promptly submitted to the
Architect/Engineer for approval.
Where the CONTRACTOR has not taken action but has notified the
Architect/Engineer of an emergency threatening injury to persons or damage to
the work or any adjoining property, he shall act as instructed or authorized by the
Architect/Engineer.
The amount of reimbursement claimed by the CONTRACTOR on account of any
emergency action shall be determined in the manner provided in Paragraph 49
of the General Conditions.
54. INSPECTION
The authorized representatives and agents of the OWNER shall be permitted to
inspect all work, materials, payrolls, records of personnel, invoices of materials
and other relevant data and records.
55. SUPERINTENDENCE BY CONTRACTOR
At the site of the work, the CONTRACTOR shall employ a construction
superintendent or foreman who shall have full authority to act for the
CONTRACTOR. It is understood that such representative shall be acceptable to
the Architect/Engineer and shall be one who can be continued in the capacity for
the particular job involved unless he ceases to be on the CONTRACTOR'S payroll.
56. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the CONTRACTOR or by any
Subcontractor to laborers or mechanics employed by the CONTRACTOR or
Subcontractor upon the work covered by the Contract, the OWNER, in addition
to such other rights as may be afforded it under this Contract, shall withhold
from the CONTRACTOR, out of any payments due the CONTRACTOR, so much
thereof as the OWNER may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so
withheld may be disbursed by the OWNER for and on account of the
CONTRACTOR or the Subcontractor (as may be appropriate), to the respective
laborers or mechanics to whom the same is due or on their behalf to Plans, funds
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or programs for any type of fringe benefit prescribed in the applicable wage
determination.
57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen (16) years and no person who, at the time, is
serving sentence in a penal or correctional institution shall be employed on the
work covered by this Contract.
58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage determination,
and which is to be employed under the Contract will be classified or reclassified
conformably to the wage determination by the OWNER.
59. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The OWNER shall require, whenever the minimum wage rate prescribed in the
Contract for a class of laborers or mechanics includes a fringe benefit which is
not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay
cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be
established.
60. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster and the applicable wage determination decisions,
with respect to the various classification of laborers and mechanics employed
and to be employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in accordance with the provisions of this Contract,
to be made from wages actually earned by persons so employed or to be
employed in such classifications, shall be posted at appropriate conspicuous
points at the site of the work.
61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other labor standards
provisions of this Contract are applicable shall be discharged or in any other
manner discriminated against by the CONTRACTOR or any Subcontractor
because such employee has filed any complaint or instituted or caused to be
instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to his
employer.
62. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and
mechanics employed upon the work covered by this Contract shall be promptly
reported by the CONTRACTOR in writing to the OWNER for referral by the latter.
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63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms
satisfactory to and in accordance with instructions to be furnished by the
OWNER. The payrolls and basic payroll records of the CONTRACTOR and each
Subcontractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the work and
preserved for a period of three (3) years thereafter. Such payrolls and basic
payroll records shall contain the name and address of each employee, his correct
classification, rate of pay (including rates of contributions or costs anticipated of
the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. The
CONTRACTOR and each Subcontractor shall make his employment records, with
respect to persons employed by him upon the work covered by this Contract,
available for inspection by authorized representatives of the OWNER. Such
representative shall be permitted to interview employees of the CONTRACTOR
of any Subcontractors during working hours on the job.
64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of material and supplies to or from the site of the project or
program to which the Contract pertains by the employees of the CONTRACTOR
or of any Subcontractor and the manufacturing or furnishing of materials,
articles,supplies or equipment on the site of the project or program to which this
Contract pertains by persons employed by the CONTRACTOR or by an
Subcontractor, shall, for the purposes of this Contract, and without limiting the
generality of the foregoing provisions of this Contract, shall be deemed to be
work to which the wage provisions of this Contract are applicable.
65. INELIGIBLE SUBCONTRACTORS
The CONTRACTOR shall not subcontract any part of the work covered by this
Contract or permit subcontracted work to be further subcontracted without the
OWNER'S prior written approval of the Subcontractor.
66. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The CONTRACTOR shall include or cause to be included in each subcontract
covering any of the work covered by this Contract, provisions which are
consistent with these wage provisions and also a clause requiring the
Subcontractors to include such provisions in any lower tier Subcontractors which
they may enter into,together with a clause requiring such insertion in any further
Subcontracts that may in turn be made.
67. BREACH OF FOREGOING WAGE STANDARDS AND RATES PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set
forth, the OWNER reserves the right to terminate this Contract if the
CONTRACTOR or any Subcontractor, whose Subcontractor covers any of the
F-20
work covered by this Contract, shall breach any of these wage standards and
rates provisions.
68. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract,the CONTRACTOR agrees as follows:
(a) The CONTRACTOR shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin. The
CONTRACTOR shall take affirmative action to ensure that applicants for
employment 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 applicant for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(b) 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 consideration for employment without regard to race,
religion,sex,color or national origin.
(c) 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 labor union or workers
representative of the CONTRACTOR'S commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
(d) The CONTRACTOR will comply with all provisions of Executive Order No.
11246 of September 24, 1965, and of the rules and regulations and relevant
orders of the Secretary of Labor.
(e) The CONTRACTOR will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor,or pursuant thereto, and will
permit access to his books, records, and accounts by the Department of
Housing and Urban Development and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
(f) In the event of the CONTRACTOR'S noncompliance with the
nondiscrimination clauses of this Contract or with any of such rules,
regulations or orders, this Contract may be cancelled, 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 No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order No.
F-21
11246 of September 24, 1965, or by rule, regulation or order of the Secretary
of Labor or as otherwise provided by law.
(g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g)
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 No. 11246 of September 24, 1965, so that such provisions will
be binding upon each Subcontractor or purchase order as the Department
of Housing and Urban Development may direct as a means of enforcing such
provisions, including sanctions for non-compliance: provided, however, that
in the event the CONTRACTOR becomes involved in, or is threatened with,
litigation with a Subcontractor or vendor as a result of such direction by the
Department of Housing and Urban Development, the CONTRACTOR may
request the United States to enter into litigation to protect the interests of
the United States.
69. CIVIL RIGHTS ACT OF 1964
Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil
Statues of Texas, no person shall,on the ground of race, color, national origin,sex,
age or handicap, be excluded from participation in, be denied the benefits of or
be subjected to discrimination under any program or activity of the City.
70. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS
The Contract Documents are complementary and what is called for by one shall
be as binding as if called for by all. In case of a conflict between any of the
Contract Documents, priority of interpretation shall be in the following order:
Signed Agreement (including General Conditions), Performance Bond, Payment
Bond, special Bonds (if any), Proposal, Special Conditions (including Information
to Bidders),Advertisements for Bids, Detailed Drawings,Technical Specifications,
General Drawings (Plans) and Supplemental General Conditions.
71. INDEMNIFICATION
The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and
the Engineer and their respective officers, agents, and employees, from and
against all damages, claims, losses, demands, suits, judgements, and costs,
including reasonable attorney's fees and expenses arising out of or resulting from
the performance of the work, provided that any such damages, claim, loss,
demand, suit,judgement,cost or expense:
(a) Is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of tangible property (other than the work itself) including the
loss of use resulting therefrom;and,
(b) Is caused in whole or in part by any negligent act or omission of the
CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by
anyone of them for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
F-22
The obligation of the CONTRACTOR under this Paragraph shall not extend to the
liability of the Engineer, his agents or employees arising out of the preparation or
approval of maps, drawings, reports, surveys, Change Orders, designs or
Specifications, or the giving of or the failure to give directions or instructions by
the Engineer, his agents or employees, provided such giving or failure to give is
the primary cause of the injury or damage.
72. A.I.A. GENERAL CONDITIONS
The General Conditions of the Contract for Construction, A.I.A. Document A201,
1987 Edition, as amended by current edition, of the American Institute of
Architects, consisting of fourteen (14) Articles, Pages numbered 1 through 19, is
hereby made a part of the Contract Documents of this project.
Such A.I.A. General Conditions are cumulative to these General Conditions, but
where any provision of said A.I.A. General Conditions are inconsistent or in
conflict with these General Conditions, then these General Conditions shall
prevail.
All references to arbitration in said A.I.A. General Conditions are deleted and of
no force and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and
2.2.4 of said A.I.A. General Conditions are deleted and of no force and effect for
purposes of this Contract.
Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is
hereby deleted.
73. DELAYS
The CONTRACTOR shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to the CONTRACTOR is
caused by the failure of the CITY to provide information or material, if any,which
is to be furnished by the CITY OF PORT ARTHUR,When such extra compensation
is claimed, a written statement thereof shall be presented by the CONTRACTOR
to the Engineer and, if by him found correct, shall be approved and referred by
him to the Council for final approval or disapproval; and the action thereon by
the Council shall be final and binding. If delay is caused by specific orders given
by the Engineers to stop work, or by the performance of extra work, or by the
failure of the CITY OF PORT ARTHUR, to provide material or necessary
instructions for carrying on the work, then such delay will entitle the
CONTRACTOR to an equivalent extension of time, his application for which shall,
however, be subject to the approval of the CITY OF PORT ARTHUR; and no such
extension of time shall release the CONTRACTOR or the Surety on his
performance bond from all his obligations hereunder which shall remain in full
force until the discharge of the Contract.
74. MAINTENANCE OF WORK
If, after approval of final payment and prior to expiration of one (1) year after
date of Substantial Completion or such longer period as may be prescribed by
F-23
law or by any applicable special guarantee required by the Contract Documents,
and work is found to be defective, CONTRACTOR shall promptly, without cost to
OWNER and in accordance with the OWNER'S written instructions, correct such
defective work. If CONTRACTOR does not promptly comply with such
instructions, OWNER may have such defective work corrected and all direct and
indirect costs of such removal and replacement, including compensation for
additional professional services,shall be paid by CONTRACTOR. The provisions of
this paragraph shall not limit the obligation of CONTRACTOR under Paragraph 15
(Guarantee of Work) in any respect whatsoever, including the time period of
such Guarantee of Work provision in Paragraph 15 as will arise under the laws of
the State of Texas and such Paragraph 15 and without regard to the provisions of
this Paragraph (Maintenance of Work), nor shall this Paragraph (Maintenance of
Work) be construed to establish any period of limitations for any cause of action
against CONTRACTOR under the obligations of Paragraph 15.
75. ANTITRUST
CONTRACTOR hereby assigns to OWNER any and all claims for overcharges
associated with this Contract which arises under the antitrust laws of the United
States,15 U.S.C.A.Sec.1,et seq. (1973).
F-24
SPECIFCATIOND FOR ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER
& WEST SIDE CLINIC
City will award each location separately
LOCATIONS
• West Side Development Center- 601A Rev Ransom Howard,Port Arthur, TX 77640
• West Side Clinic - 601B Rev Ransom Howard,Port Arthur, TX 77640
SCOPE OF WORK-BOTH LOCATIONS
• Mobilize to site
• Replace entire roof with similar system currently on each roof
• Reseal perimeter
• Clean work area of all debris
• Must meet Winstorm
• Leave area clean once competed
Ciro of
-CITY OF PORT ARTHUR,TEXAS
)q,
�i`h‘ � ADDENDUM NO. ONE (1)
ort rthnr
Texas
MARCH 3,2025
BID FOR: ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER&WEST SIDE CLINIC
BID: P25-025
The following clarifications, amendments,deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter stated
and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard
Time,Wednesday,March 12,.2025. (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,March 12,2025 in the City Council
Chambers,City Hall, 5th Floor,Port Arthur, TX.You are invited to attend.
2. Purchasing is working on revised specs.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
C '%fin Williams
Purchasing Manager
o3/Z6b-z5
Signature of Proposer Date
/GE (3442acrt S,I s72 T/v.-/
Company Vendor Name
ct,,of -7) -CITY OF PORT ARTHUR,TEXAS
91� TWO (2)rthur"�^ ADDENDUM NO. ( �
Yews
MARCH 10,2025
BID FOR: ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER& WEST SIDE CLINIC
BID: P25-025
The following clarifications, amendments,deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter stated
and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday,March 19,2025. (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,March 19,2025 in the City Council
Chambers,City Hall, 54" Floor,Port Arthur, TX.You are invited to attend.
2. 20 yr NDL Manufacturer's warranty.
3. If the contractor is able to reuse the current gutter and downspouts,the City will accept that.
4. Roofs will be similar to current roofs, Standing seam roof 16-24".
5. Attach is revised Bid Sheet..
6. Replace damaged ceiling tiles.
7. Change out left cabinet in breakroom in the West Side Clinic.
8. State the number of tiles included in the bid price. Also state the cost per tile if the City need to change out
any additional tiles.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
Clif,fin Williams
Purchasing Manager
3/26/2025
Signature o roposer Date
Mike Barnett Construction
Company Vendor Name
city,of
-CITY OF PORT ARTHUR,TEXAS
Vit't, rthvr
ADDENDUM NO.THREE (3.)
Texas
MARCH 17,2025
BID FOR: ROOF REPAIRS AT WEST SIDE DEVELOPMENT CENTER& WEST SIDE CLINIC
BID:.P25-025
The following clarifications,amendments, deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter stated
and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS-IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. DEADLINE: Sealed Bid submittals must be received and time stamped by.3:00 p.m.,Central.Standard.
Time,Wednesday,March 26,2025. (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;March 26,2025 in the City Council
Chambers,City Hall,:5t Floor,Port Arthur,TX.You are invited to attend.
2. I will send an Addendum#4 addressing some questions..
3. Addendum#4 will be the final.Addendum.
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL ..PAGES. OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
CF`:v Williams
Purchasing Manager
pil6��z5
gna Proposer Date
1't1K �JL7C_tut17'.Quc7.b•,/
Company Vendor Name
THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM
DONEANE BECKCOM, CITY MANAGER
MAYOR PRO TEM City of city
_ I SHERRI BELLARD,TRMC
COUNCIL MEMBERS: ��,, CITY SECRETARY
WILLIE BAE LEWIS,JR. !
TIFFANY L.HAMILTON EVERFIELD 4 r t r# 1 tl r ROXANN PAIS COTRONEO
HAROLD L.DOUCET,SR. CITY ATTORNEY
THOMAS KINLAW,III Texas
DONALD FRANK,SR.
NOTICE OF AWARD
Date
Contractor Name
Attn:
Address
City, State Zip
Re:
You are notified that on ,2025,the City of Port Arthur City Council awarded
above referenced contract.
Within ten(10)days after you comply with the conditions listed below,the Purchasing Manager will issue
to you a written Notice to Proceed and Purchase Order. Work must not begin until these documents have
been issued to you.
Two (2) original Contract Documents and one (1) copy of Resolution No. accompany this
Notice of Award.
You must comply with the following conditions precedent within ten(10) days of the date of this Notice
of Award that is by or by the first working day thereafter. You must deliver to the Purchasing
Manager:
1. One (1) fully executed Contract.
2. One (1) signed, original Notice of Award.
3. One (1) original Certificate of Insurance, naming the Owner (City of Port Arthur) and their
respective agents and employees, to be expressly named as additional insurers, in accordance
with the General Conditions.
4. One (1) HB 1295 Form filled out completely. For more information go to the following
website. https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm.
5. Payment and Performance Bonds.
Please return all requested documents to:
City of Port Arthur, TX
Attn: Clifton Williams,Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641 Page 1 of 2
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams
P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 p 409.983.8160 I Fax 409.983.8291
THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM
DONEANE BECKCOM, - CITY MANAGER
MAYOR PRO TEM City of
SHERRI BELLARD,TRMC
COUNCIL MEMBERS: - . CITY SECRETARY
WILLIE BAE LEWIS,JR.
TIFFANY L.HAMILTON EVERFIELD - " _ . o rE rt h u r ROXANN PAIS COTRONEO
HAROLD L.DOUCET,SR. ,CITY ATTORNEY
THOMAS KINLAW,III Texas
DONALD FRANK,SR. _
NOTICE OF AWARD
Contractor Name
Date
Page 2
Failure to comply with these conditions within the time specified will entitle Owner to consider your bid
in default and to annul this Notice of Award.
OWNER: CITY OF PORT ARTHUR,TEXAS
BY:
Clifton Williams, CPPB,Purchasing Manager
ACCEPTANCE OF AWARD:
Contractor:
Signature:
Print:
Title:
Date:
CC: Darlene Thomas-Pierre, Code compliance Manager
Page 2 of 2
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 1 Fax 409.983.8291
THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM
DONEANE BECKCOM j f CITY MANAGER
MAYOR PRO TEM `��
City of
COUNCIL MEMBERS: )4) SHERRI BELLARD,TRMC
WILLIE BAE LEWIS,JR. 40, CITY SECRETARY
TIFFANY L.HAMILTON EVERFIELD ��� �
HAROLD L.DOUCET,SR. art rth u r
THOMAS KINLAW III Texas ROXANN PAIS COTRONEO
DONALD FRANK,SR. INTERIM CITY ATTORNEY
NOTICE TO PROCEED
Date
Company Name
Attn:
Address
City, State Zip
Re:
You are notified that the Contract Times under the above contract will begin to run on
by that date, you are to start performing your obligations under the Contract Documents The date of
Contract Termination will be It is the responsibility of the contractor to meet the schedule
as set forth and in accordance with the terms and conditions of the contract.
Before you may start any work, you must deliver to the Purchasing Manager all required documents as
listed in your Notice of Award and a signed original of this Notice to Proceed.
Invoices for payment must be submitted to PO Box 1089, Attn: Accounting, Port Arthur, TX 77641.
Contract# must appear on all related invoices.
Should you have any questions regarding this project, you may contact me at 409.983.8160 or Calvin
Matthews thank you for partnering with the City of Port Arthur.
Respectfully, ACCEPTANCE OF NOTICE TO PROCEED
Company:
Clifton Williams, Signature:
Purchasing Manager
Print: •
Title:
Date:
CC:
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,
P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
A�Ro® CERTIFICATE OF LIABIL1TY INSURANCE DATE`MM`DD"Y,"'
3/27/2024
• 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_pelicy(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 CONTNAMEACT Lindsay Couvililon,CISR r
Arthur J.Gallagher Risk Management Services,LLC PHONE(NC.N ).337-289-5012 itdcFAX No):337 474 4418
1490 Market Street E-MAIL
Suite 3 ADDRESS: Lindsay_Couvillion@ajg.com
Lake Charles LA 70601 INSURER(S)AFFORDINGCOVERAGE NAM A
INSURER A:AGCS Marine Insurance Company 22837
INSURED INSURERS:Convex Insurance UK Limited
M&S Barnett, Ltd.dba Mike Barnett Construction
1701 Port Neches Ave INSURER C:
Port Neches TX 77651 INSURER D:
INSURER E:
INSURER F: - - -
COVERAGES CERTIFICATE NUMBER:2130073422 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 ADDL`SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSD,)r1 VD POUCY NUMBER IMMIDDIYYYY) IMMIDDIYYYY)
B X I COMMERCIAL GENERAL LIABIUTY Y Y PGL000065 3/31/2024 3/31/2025 EACH OCCURRENCE $1,000,000
GE TO RENTED
CLAIMS-MADE X OCCUR PREMISES SES(Ea occurrence) $100,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GEN•L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
f POLICY X PRO J- LOC PRODUCTS-COMP/OP AGG $2,000,000
}I JECT `
OTHER: $
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $
I (Ea actldent)
ANY AUTO BODILY INJURY(Per person) $
OWNED ^SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY _ AUTOS ONLY (Per accident)
$
B X UMBRELLA UAB X OCCUR Y Y XSC000210 3/31/2024 3/3112025 EACH OCCURRENCE $1,000,000
EXCESS LWB CLAIMS-MADE AGGREGATE $1,000,000
I DED RETENTION$ _ $
WORKERS COMPENSATION - I STATUTE OTH-
ER
AND EMPLOYERS'LIABILITY YI N
ANYPROPRIETOR)PARTNERIEXECUTIVE — NIA E.L.EACH ACCIDENT S
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Rented/Leased Equipment SML93075622 3/31/2024 3(31/2025 limits $150,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
Certificate Holder is included as Additional Insured on the General Liability policy as per endorsement#CG2010 07 04. Waiver of Subrogation applies to
certificate holder as respects the General Liability pursuant to and subject to the policy's terms,definitions,terms and exclusions. The Umbrella policy is follow
form over the underlying General Liability,Auto Liability,and Workers Compensation.The insurance provided in the General Liability policy is primary and not
contributory per form CG2001,edition 12/19.
CERTIFICATE HOLDER CANCELLATION
•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Port Arthur ACCORDANCE WITH THE POLICY PROVISIONS.
444 4th Street
P.O.Box 1089 AUTHORIZED REPRESENTATIVE'
Port Arthur TX 77641-1089 �� -(.�---.
USA c/f, '
i
@1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
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:
Lance Barnett
Title: GM/Partner
Company: Mike Barnett Construction
Date: 03/26/2025
SUBSCRIBED and sworn to before me the undersigned authority by Jae--I of,
G on behalf of said bidder.
Notary Publ' ' and for the
zts.. JEANIE GARY State of Te s
zt `.b Notary Public,State of Texas
Comm.Expires 03-21-2027
; aF +� Mycommission ex ires•
,,,,,,,� Notary 1D 131941915 p
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.
Mike Barnett Construction 05/03/2025
Firm Name Date
/— GM/Partner
Au orize Signature Title
Lance Barnett 409-727-5673
Name(please print) Telephone
lanceusall@gmail.com
Email
STATE: Texas
COUNTY: Jefferson
SUBSCRIBED AND SWORN to before me by the above named '^fe& &wer�
on this the day of LirdjeA ,20 - .
Notary Pub
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.23,Seth Leg.,Regular session. OFFICE USE ONLY
This questionnaire Is being filed in accordance with Chapter 176;Local Government Code,by a vendor who Data Received
has a business relationship as defined by Section 176.00.1(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.008(a).
By law this questionnaire must be filed with the records administrator of the local goverrvnentaf 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_
J Name of vendor who has a business relationship with local governmental entity.
Mike Barnett Construction
❑ Check this box if you are filing an update to•a previously filed questionnaire.(The law requires that you fife 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.)
.31 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.
Compietesubparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIO 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?
El Yes a 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 fNo
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)(B), excluding gifts described in Section 176,003(a-1).
J
03i26/2025
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1 113 0/2 0 1 5
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,beloware some of the sections cited on this form.
Local Government Codes 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) atransaction 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 4176.003(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 govemmentofficeror 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 tocafgovem"Went officer'or a family member of the officer One or more gifts
that have an agg regate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
O 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)Avendor 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 Ett*s Commission www.ethics.siate.tx.us Revised 11/30.2015
•
SECTION P
SB 252 CHAPTER 2252 CERTIFICATION
SB 252
CHAPTER 2252 CERTIFICATION
I, Lane Barnett ,the undersigned and representative
of Mike Barnett Construction
(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 9253.153.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.
Lance Barnett
Name of.Company Representative(Print)
Signature of Company Representative
03/12/2025.
Date
House Bill 89 Verification
1, Lance Barnett (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Mike Barnett Construction
(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.
S UR REPRESENTATIVE
,IIASUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
'Zlay of s4. A , 2005:
6d`Y'p"..,, JEANIE GARY
o`` L 'Notary Public,State of Texas
:r: o:
's.9 }ec Comm.Expires 03-21-2027
C" '%,eo�� o Notary ID 1319211915
Notary P is