HomeMy WebLinkAboutPR 15756: RAM INDUSTRIAL CONTRACT FOR CONSTRUCTION OF LANDFILL OFFICE BUILDINGPUBLIC WORKS DEPARTMENT
-COUNCIL ACTION MEMO
TO Stephen B. Rtzgibbons, City Manager
FROM Ross. E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #15756 -Approve Contract with Ram .Industrial for Construction of
Landfill Office Building.
DATE. O1 March 2010
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15756, approving a
contract. with Ram Industrial -Construction for the Construction of the Landfill Office
Building in a totaP amount of, $43,945.
BACKGROUND:
The City opened bids on 23 December 2009 for the Construction of the Landfill Office
Building.. We received nine (9) bids, with the bid from Ram Industrial determined to be
the lowest and most responsible.. There was a lower bid from Comark Building
Systems,. but it was disqualified since the bid did not include all the specified items.
The cost of this project will be funded by reimbursement from FEMA in the amount of
$14,323, reimbursement.from flood insurance, and capital. project funding.
BUDGETARY/FISCAL EFFECT:
Funding. is available in IKELF, 121-2300-901.59-00 and. CIP708, 303-1601-591.82-00.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY 5
I recommend that the City Council approve Proposed Resolution No. 15756; approving a
contract with Ram Industrial Construction for .the Construction`of the Landfill Office.
Building in a total amount of $43,945.
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\C/~MS\Ram Ind. Office.doa
P.R. No. 15756
03/01/10 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTYON'OF A CONTRACT
BETWEEN THE CYTY OF PORT ARTHUR AND RAM INDUSTRIAL
CONSTRUCTION OF BEAUMONT, TEXAS FOR TFlE CONSTRUCTION
OF THE LANDFILL OFFICE BUILDING IN THE' AP~60UNT OF
$43,945. PR03ECT IKELF, 121-2300-901.59-00 'AND CIP708,
303-1601-591.82-00.
WHEREAS, the City opened bids on December 23, 2009 for the Construction of
Landfill Office Building; and,
WHEREAS, nine (9) bids were received for the above referenced Contract and.
have been evaluated by Public Works and Purchasing; now, therefore;
BE IT RESOLVED BV THE CITY.- COUNCIL OF THE CETIf OF" PORT
ARTHUR: `
THAT the City Council of the City of Port Arthur hereby awards the bid for the
Cohstruction of Landfill Office Building to the lowest responsible bidder to wit: Ram
Industrial Construction of .Beaumont, Texas as shown on Exhibit "A" attached hereto
and made apart-hereof; and,.
THAT the Mayor and City Manager of the City of Port. Arthur -are. hereby `
authorized and directed to execute on behalf of the City, a Contract between the City of
Port Arthur and Ram Industrial Construction; and,
THAT the contract is awarded for the amount of $43,945, as shown on Exhibit.
"B" attached hereto and made a part hereof by reference, a complete copy of which is
9
available for review in the office of the City Secretary; and,
Funded Construction contract, a copy of which is attached as Exhibit °C" and is hereby
P.R. No. 15756
Page 2
TF9AT said Contract is an exact duplicate of a standard form. Non-Federally
incorporated by reference; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AP9D, APPROVED this the day of A.D.
2010 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:
Counciimembers:
Attest:
Mayor
City Secretary
APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF FUNDS:
City Attorney Deborah Echols, CPA
Director of Finance
P.R. No. 15756
Page 3
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
1'
~, ,
Ross E. Blackketter, P.E. Shawna Tubbs -'
Director of Public Works Purchasing Manager
Z:\engineer\documents\Resolutions\PR15756.doc
HIY
CdTY OF PORT ARTHUR TEXAS
Bid Tabulation
Public Worlcs
Construction of Landfill Office Building
• - - Name of Bidders
Ram Industrial
L & L General Contractors D.A.R.T, Inc. F.mericon Ruilders McFeniel Services, LLC Construction
Item N Uescri lion Total Price Total Price Total Price 'Ibtal Price Total Price
I Construction of Landfill
Office Buildin
$65,188.00 ~
$75,000.00
$64,208.00
$76,450.00
$43,945.00
2 Calcodar Ua stn Com rlclc
Location ~ ~ 90
Beaumont, TX 70
Beaumont TX 90
Brea CA 60
Su arland, TX 45
Beaumont, TX
Cleveland Construction, Inc. Goss Ruildin [nc. Lan a Brothers Inc. Comark Buildin S stems, Inc.
Item #
I Descri ~timr ~
Construction of Landfill
Office Rnildin Total Price
$67,000.00 - Total Price
$76,000.00 .Total Price
$74,960.00 Total Price
Did no[ bid according to
s ecitications
2 Calendar Da s to Com lete 85 45 60
Location Mauriceville, TX Beaumont, TX Porl Arthur, TX .Desoto, TX
Shawna Tubbs, Purchasing Manager Date • ,
N
Page 1 of 1
FIII
CONSTRUCTION CONTRACT
AGREEMENT
(Non-Federally Funded Projects)
THIS AGREEMENT, made this 9a" day of March, 20 1® by and
between the City of Port Arthur, Port Arthur, Texas a municipal corporation organized under the
laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Ram Industrial
Construction a(n) corporation herein acting by and through
]aclc Brumley, President hereinafter called °CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agrees as follows:
1. The CONTRACTOR will commence and complete the construction of the
Landfill Office Building
The CONTRACTOR will furnish as his own expense all of the materials, supplies, tools,
equipment, labor and other seryices~hecessary for the construction and completion of
the project described herein.
3. 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
45 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.
4. The CONTRACTOR agrees to perform all of the work described in the Contract
Documents and comply with the terms therein for the sum of 543,945
or as shown in the Bid Schedule.
The term"CONTRACT, DOCUMENTS" means and includes the following: ,
(A) Agreement
(B) Advertisement for BIDS
(C) Information for BIDDERS ,
(D) BID
(E) BID BOND
(F) General Conditions
(G) Wage Decision
(H) Supplemental General Conditions
(I) Payment Bond
(J) Performance Bond
(K) Notice of Award
(L) Notice to Proceed
(M) Change Order
(N) Drawings prepared by City of Port Arthur
A-1
(0)Specifications prepared or issued by Citv of Port Arthur dated 11!26/09
(P) Addenda - No. 1
6. The OWNER will pay to the CONTRACTOR ih the manner and at such times as set forth
in the General Conditions such amounts as required by the Contract. Documents.
7. This.. Agreement shall be binding upon all parties hereto and their respective heirs,.
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in two (2) copies each of which shall be deemed in
original on the date first above written.
APPROVED IN FORM:
City Attorney
NAME Deloris Prince
TITLE Mater
CONYRACTOR:
NAME Stephen B. Fitzgibbons
BY
OWNER:
BY
BY.
TITLE Citv Manager
NAME (SEAL)
ADDRESS ATTEST:
(CORPORATE SEAL)
ATTEST:
TITLE
A-2
CITY OF PORT ARTHUR
BID FOR: Construction of Landfill Office Building
BID OPENING DATE: December 16.2009 ,
~i4m ~c~us'~/iG' fl~S~"~~c-4~a`~ ,doing
The undersigned
submits
business in the City/Town of ~e ravw+o n"~
herewith, in conformity with the General Instructions, Conditions, and Specifications for the
following Bid:
OUTLINE. OF BID DATA
DESCRIPTION COST
~ 4 q4S.~-
Construction ofLandfill Office Building
Work will be completed in ~'S _ calendar days.
Receipt of addenda is acknowledged:
No. 1 Dated 1 Z -^ 11- °~ Received \~ e5
~d.»~Tnd4s~-~cal C,a~.s~ru~{;o~ . 4fjDT/e4~u~a Rd•
COMPANY NAME STREET ADDRESS
GNATURE OF BIDDE
Jack Bvu~f~~-t
(PRINT OR TnnYPE NAME)
~NPS f d P n'$-
TITLE II__ ~ I L
\A J 1'Un'1 a y ~ l!-v~ rl'~4. ~ .
EMAIL
~ 09/7
P.O. BOX
~,~ ~ 77720
CITY STATE ZIP
40 9 28~- 3 oao
AREA CODE TELEPHONENO.
Co y''~
Page 13 of 16
AFFIDAVIT
All pages in the offeror's bid proposatcontaining statements, letters, etc.
shall be signed by a duly authorized officer of the company, whose
signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
/I hereby certify that I do not have outstanding debts with the
City of Port Arthur. Further, I agree to paysucceeding debts -
as they become due during this agreement.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to pay said debts prior to
execution of this 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 pa}~nent of said debts. I further agree to pay succeeding
debts as they become due.
NAME OF OFFEROR ( Ac.k B r u ,~ ~ e ~
TITLE
fi
ADDRESS ~~ ~Oj( 09 ~ ~ -
CITY/STATE/ZIP _p /I'n~ ~_~ ~ ? 2 0 -
TELEPHONEI~TIJMBER 4~~- ~L p~f'--~OOO
SIGNATU
STATE
COUNTY
S ~/"~~.C,RIBED AND SWORN to before me bV th abo~ e nam'ea ' ~
YJ, La f-~ ~ (f on this the '; ~~ ~.
day of -Q~(~~~P~20~. y~
c0ay Fp ~~~ V
i ~ Angeles Brumie
My Commissic-'. ~=s
'~ <" osnvzo~i otary blic
~a
RETUR'V THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 15 of 16
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER,
Bidders are requested to .furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION
NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY ~i~vn Znc~us+/iq ~ (°AWS~/(./Gy ~ D h
ADDRESS ~~ ``~'/` ~ ~~ ~
CITY/STATE/ZIP U ~ 't~ 7 7 72 D
SEND PURCHASE ORDER TO:
COMPANY !J/?Ils1~~c~~C~r~GI (i0~~61G/~~Di?
ADDRESS ~~. ~°1~- ~ o~ ( ~
CITY/STATE/ZIP ~ ~ ~ ~ ~ ~ Z' ~
TAX IDENTIFICATION NUMBER. ' (~J3 ~ 04~ ~ 3 ~ 2'
p
Page 14 of 16
DELORIS "BOBBIE" PRINCE, MAYOR
ELIZABETH "L[Z" SECLER, MAYOR PRO TEM
COUNCIL MEMBERS: -
JACK CHATMAN, JR.
MORRIS ALBRIGHT, III
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
NOVEMBER 30, 2009
e,,.~,eb
City of i °°""`
I` I
ort rthu~~~~
~ .Texas
INVTI'ATION TO BID
CONSTRUCTION OF LANDFILL OFFICE BUILDING
STEPHENFITZGIBBONS
CITY MANAGER
TERRI HANKS
CITY SECRETARY
VAL TIZENO
ACTING CITY ATTORNEY
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 PM, Central Standard Time,
Wednesday, December 16, 2009. (The clock located in the City Secretary's office will be the official time.)
All bids received will be read aloud at 3:15 PM on Wednesday, December 16, 2004 in the City Council
Chambers, City Hall, 5`h Floor, Port Arthur, TX.
MARKENVELOPE: LANDFILL BUILDING
DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to:
CITY OF PORT ARTHUR- -
CITY SECRETARY
P.O. BOX 1089
PORT ARTHUR, TEXAS 77641
POINTS OF CONTACT:
CITY OF PORT ARTHUR
CITYSECRETARY
444 4TH STREET, 4"' Floor
PORT ARTHUR, TEXAS 77640
Questions concerning the Invitation to Bid should be directed to:
City of Port Arthur, TX
Shawna Tubbs, Purchasing Manager
P.O. Box 1089
-Port Arthur, TX 77641
409.983.8160
ShawnaCa~DOrtarthur.net
Questions concerning the Technical Saecifications should be directed to:
City of Port Arthur, TX '
Ross Blackketter; Public. Works Director
P.O. Box 1089
Port Arthur, TX 77641
(409} 983-8180 -
rbl ackketterC~oortarthur.net
R
The enclosed INVITATION TO BID (ITB) and .accompanying GENERAL°INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, aze for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur. ".
Bids must be signedby 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 comer 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 electronicallytransmitted ITB submittals will not be accented.
s a ~ 4
Shawna Tubbs
Purchasing Manager
.,
s
Page 2 of 16
INVITATION TO BID
MANDATORY
PRE-BID CONFERENCE
A Mandatorv Pre-Bid Conference between Representatives of the City of Port
Arthur, Texas and prospective bidders for Construction of Landfill Office Buildine will be
held at the City Ha115th Floor Conference Room located at 444 4`h Street on Tuesday
December 8.2009 at 10:00 a.m.
The purpose of the Mandatorv-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 Mandatorv
Pre-Bid Conference will be rejected and returned unopened to the bidder
Page 3 of 16
CITY OF PORT ARTHUR
CONSTRUCTION OF OFFICE BUILDING FOR LANDFILL
NO BID is submitted:
this time only
_ not this commodity/service only
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
IN REMOVAL FROM THE VENDOR'S LIST. However, if you aze removed you will be reinstated
upon request. If not submitting a bid, please wmplete the questionnaire at the bottom of this page.
NOTICE
In the event. you desire not to submit a bid, we would appreciate your response regarding the
reason (s). Your assistance in completing and returning this form in an envelope marked with
the enclosed bid would be appreciated.
(To be Completed ONLY IF YOU DO NOT BID.)
Yes No
Does our com an rovide this roduct or services?
Were the s ecifications clear?
Were the s ecifications too restrictive?
Does the Ci a its bills on time?
Do ou desire to remain on the bid list for this roduct or service?
Does our resent work load ermit additional work?
Comments/Other Su estions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date: .
Page 4 of 16
CITY OF PORT ARTHUR
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to
prepaze SEALED BIDS IN DUPLICATE for furnishing:
CONSTRUCTION OF LANDFILL OFFICE BUILDING
Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Box 1089,
Port Arthur, Texas 77641. Bids shall be received no later than Wednesday, December 16, 2009, at
3:00 P.M.. Bids received after. the closing time specified will be returned to the bidder unopened and
claims of mail delays will not. constitute an exception.- Bid proposal MUST BE SIGNED BY
BIDDER. ~ `
Al] bids meeting the intent. of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the
City of Port Arthur. •
Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure
made before opening.time must be initialed by the signer of the bid,. guaranteeing authenticity.
The City reserves the rightto:
1. Reject any and al] bids and to make no awazd if it deems such action to be in
its best interest.
2. Awazd bids on the lump sum or unit price basis, whichever is in the best
interest of the City.
3. Reject any or all bids and to waive informalities or defects' in bids or to accept
such bids as it shall deem to be in the best interests of the City.
4. Awazd bids to bidders whose principal place'of business is~in the. City of Port
Arthur and whose bid is within 5% of the lowesi bid price.
The award shall be made to the responsible vendor(s) whose bid is determined to be lowest offer,
taking into consideration the relative importance of price, conformance to specifications and capability
and experience of the contractor.. '
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent
Page5of16
CONFLICT OF INTEREST:'No public official shall have interest in this contract, in accordance
with Vemon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
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 awazd.
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 moneys under any contract by
the City with such person until such person has paid all obligations and debts '
owed to the City, orhas made satisfactory arrangements to pay the same. ,
Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda.
Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager.
Addenda will be mailed to all who are known to fiave received a copy of the ITB. Offeror's shall
acknowledge receipt of all addenda. -
PRINCIPAL PLACE OF BUSINESS: The official business.. address (office location and. office
personnel) shall be a Port Arthur address, the principal storage place or facility for the equipment shall
be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port
Arthur or such other definition or,interpretation as is provided by state law.
PRICES: The bidder should show in the proposal both the'unit price and' total amount, where
required, of each item listed. in the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appeaz on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.
O. Box.1089, Port Arthur, Texas 77641
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur. '
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore-the proposal shall not include Sales Tax. '
Page6of16
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, Jeffersori 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
ofwork 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 connectiori
with the planning and carrying out of the program, shall have any personal financial interest, direct or-
indirect,. in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license,. privilege or paying money to any-one owing delinquent taxes,
paving assessments or any money to. the City until such debts are paid or until. satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included.
as part of this ITB.
QUANTITIES: Quantities shown aze estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that.the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
All bids will remain in effect for one year.
SHIPPING INFORMATION: All bids aze to be F.O.B.,•City of Port Arthur, Port Arthur, Texas
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract.
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and famish all supplies and materials, machinery, equipment, facilities and means;
except as herein otherwise eitpressly 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 appazent omission from it of a
detailed description concerning any point shall be regazded as meaning that only the best commercial
practices are to prevail. ,
While the purpose of the specifications is to indicate minimum requirements in the way of capability;
performance, construction, and other details, its use is not intended to deprive the City of-Port Arthur
the option of selecting goods which maybe considered more suitable forthe purpose involved.
Page 7 of 16
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of the
successfulbidder. `
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,. color, or
national origin, be excluded -from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the ConUactoc shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the wvenants, agreements or stipulations of this contract, the City shall thereupon have the right to
tetnunate this contract by giving written notice to the Contractor of such tetminatiori and specifying
the effective date thereof, at least fifteen (IS) days before the effective date of such termination.
Notwithstanding the above,. the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the.purpose of set-off until such time as the exact amount
of damages due the City from-the Contractor is determined.
TERMINATION FOR CONVENIENCE: Thee. City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is temmnated by the
City as provided herein, the Contractor will be paid' for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its iriterests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in`this Contract until he has received from the
City of Port Arthur written approval of such agrcement. ,
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner: The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the. operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, of the following types and limits:
Page 8 of 16
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 occunrence 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 regazdless 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. '
2. Commercial Automobile Liability Insurance (Including owned, non-owned and hired
vehicles coverage's).
a. 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.
b. If individual limits are provided, minimum limits are $30Q000 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
numbeis, 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 Subwntractors 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.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Section 2-
282. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the
contract exceeds one hundred thousand doliazs ($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.
Page 9 of 16
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within.
such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so -that the City will be able to contact the
contractor.
Page 10 of 16
Bid Specifications for Construction of Landfill` ®ffice Building
Specifications:.
I. Building must meet current code requirements including windstomm.
2. Building shall be 20' X 40' minimum.
3. Building will be on a pier and beam foundation.
4. Site shall be prepared by City after consultation with contractor.
5. Building shall have 2 offices, 1 closet, and 1 common azea.
6. One office shall be equipped with a trarsaction window specified below.
7. Transaction window shall be of the following specifications or approved equal:
a) Have transaction `drawer mounted below window through wall with minimum
dimensions o£ 17"wide, 27"deep,l4 5/8" high
b) Window must be 24" X 36" with a closable stainless steel talk-through.
` c) Window must be level I bullet resistant.
8. Windows in each room must be no lazger than 18" by 24" and there must be no more than one
window per room with the. exception of the attendant office which will also contain the
transaction window.
9. Windows must have burglaz bazs installed.
10. One entry door shall be installed. with burglaz bars and deadbolt lock.
11. Building must be sufficiently wired for normal office use.to include but not be limited to
computers, faxes, copiers, refrigerators, microwaves, fans, lights, air conditioner, heatecs;
adding machines, etc. Contractor will be responsible for coordinating with Entergy for al]
electrical needs.
12. Outside of the building must be covered with siding that is painted an earth tone tan color.
13. Roofing shall be a metal roof.' ~ ,
14. Walls and ceiling must have insulation to meet a minimum of R-i 9 rating.
I5. Air conditioning /heating unit must have a minimum capacity of 5 tons.
16. Flooring must be suitable forheavy traffic.
17. Walls must be covered with paneling or other suitable material.
18. No plumbing will be necessary
Page 11 of 16
19. Steps must be constructed for access into the building and must meet any OSHA requirements.
20. Contractor must provide documentation of windstorm inspection and copy of certification sent.
to State..
a
Page 12 of 16
CITY OF PORT ARTHUR
BID FOR: Construction of Landfill Office Building
BID OPENING DATE: December 16.2009 `
The undersigned ,doing
business in the City/Town of ,submits
herewith, inconformity with the General Instructions, Conditions, and Specifications for the
following Bid:
OUTLINE OF BID DATA: ,
DESCRIPTION COST
Construction of Landfill Office Building $
Work will be completed in .. calendar days.
Receipt of addenda is acknowledged:
No. 1 Dated .Received
COMPANY NAME
SIGNATURE OF BIDDER
(PRINT OR TYPE NAME)
TITLE
EMAIL
STREET ADDRESS
P.O. BOX
CITY STATE ZIP
AREA CODE TELEPHONE NO.
Page 73 of 16
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to famish their complete REMIT TO ADDRESS and TAX IDENTIFICATION
NUMBER as indicated below:
REMIT PAYIVIENT TO:..
COMPANY=
ADDRESS
CITY/STATE/ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
TAX IDENTIFICATION NUMBER
Page 14' of 16
AFFIDAVIT
All pages in the offeror's bid proposal containing statements, letters, etc.
shall be signed. by a duly authorized officer of the company, whose
signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the
City of Port Arthur. Further, I agree to pay succeeding debts
as they become due during this agreement.
I hereby certify that I do have outstanding debts with the
City of Port Arthur and agree to pay said debts prior to
execution of this agreement. I further agee 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.
NAME OF OFFEROR:
TITLE
ADDRESS
CITY/STATE/ZIP
TELEPHONE NUMBER _
SIGNATURE
STATE
COUNTY
AND SWORN to before me by the above named
on this the
day of , 20
Notary Public
RETURN THIS AFFH)AVIT AS PART OF THE BID PROPOSAL
Page I S of 16
C®1'
For Ve
This qu
This qu
as defin
Bylaw
day aftc
Code.
A persc
section
1. Nam
2. ~"
3. Nam
This se
orothe
CIQ as
A.
B.
C.
D. Describe each em loymenYor business relationshi with the local government otFcer named in this section..
4.
Si nature of erson doin business with the governmental entity - Date
Page 16 of 16
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO: ONE (1)
DATE: DECEMBER 11, 2009
PUBLIC WORKS
Bid Proposal For: Construction of Landfill Office Building
The following clarifications; amendments, deletions,. additions, revision and/or
modification's aze made a part of the contract documents and change the original-
documents only in the manner and to the extent hereinaRer stated and shall be
incorporated in the contract documents.
Provisions of this addendum-shall take precedence over requirements of the original
wntract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS IN THE SUBMISSION OF THEIR BID:
1. Please remove pages eleven (11) and twelve (12) bid specifications and
replace with attached eleven (11) and twelve (12) revised bid specifications.
2. Bid Opening date has changed to December 23, 2009.
3. Please acknowledge receipt of this addendum on your bid sheet.
If you have any questions, please contact the Purchasing Division at 409-983-8160.
Shawna Tubbs, Purchasin Manager
Page I of 1
Bid Specifications for Construction of Office Building
' for the
City of Port Arthur Landfill
(REVISED)
Specifications: •
1. Building must meet current code requirements including windstorm.
2. Building shall be 20' x 4A- 30' minimum.
3. Building will be on a P~~aTM ,12 inch concrete slab foundation (see
attached drawing). '
4. Vapor barrier required.
5. Site shall be.prepared by City afrer consultation with contractor.
6. Building shall have 2 offices, 1 closet, and 1 common azea and an air handler
closet as shown on the attached floor plan, with 8 foot ceilings.
7: One office shall be equipped with a transaction window specified below and a
laminate countertop withouf under. cabinets.
8. Transaction window shall be of the following specifications or approved equal:
A. Have transaction drawer mowited below window through exterior wall
with minimum dimensions of 17"wide, 27"deep,44-3~8-' 12" high
B. Window must be 24" X 36" with a closable stainless steel talk-through.
C. Window must be level I bullet resistant
9. Windows in each room shall be no larger than 18" by 24" and there must be no
more than one window per room with the exception of the attendant office which
will also contain the transaction window.
10. Windows must have burglar bars installed. t '
Windows to be operable.
11. One entry door shall be installed with burglaz bars and deadbolt lock.
12. The entry door shall be a steel 3 --0 door with metal jambs and a commercial
grade lever handle. '
13. At! interior doors shall be.3 - 0 doors with commercial grade lever handles.
.. •.,
14. Building must be sufficiently wired for normal office use to include but not be
limited to computers, faxes, copiers, refrigerators, microwaves, fans,. lights, air
conditioner, heaters, adding. machines, "Life Safety" fire/smoke alarms, etc. '
.Light Fixtures to be 2'x4', four bulb fluorescent lighting. Contractor will be
responsible for coordinating with Entergy for all electrical needs.
I5. ContraMor to install all communications lines.
16.Outside of building must be wvered with metal siding that is painted an earth
tone tan color. '
17. Roofing shall be a metal hip roof with a 4 in 12 pitch. The eave above- the
transaction window to extend a minimum of 3 feet past exterior wall
18.IIain gutters shall. be installed over the entrance door and the transaction
window.
19. Walls and ceiling must have a insulation to meet a minimum of R-19 rating.
20. Walls to be constructed of metal studs with 6 inch exterior walls.
21. Air conditioning /heating unit'shall be have a minimum capacity of 31.5 tons.
22. Flooring shall be suitable for heavy traffic. Flooring. to consist of commercial'
grade VCT flooring with 4 inch. vinyl base. Colors to be coordinated with
landfill personnel
23. Walls shall be covered with drywall, teztured
with "orange peeY' tezture. Interior .paint colors to be coordinated with
landfill personnel.
24. No plumbing will be necessary, but a plumbing blockoat is to be constructed
through the slab as shown in the attached floor plan.
25. Steps shall be constructed for access into the building and must meet any OSHA
requirements.
26. Contractor must provide documentation of windstorm inspection and copy of
certification sent to State.
30'
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rvny v, nn nnnu~r
(Law Department)
(Required Fbrm}
(7/8/88)
(10/SJ89)
(3/15/90}
(p.2 Revised 9/18/90)
CERTIFICATE~OF'STANDARD FORM CON7"RACT. FOR' LAW ~
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA ~ ~
I certify that the contract (hereinafter called "said contract') affixed to the attached proposed City Council Resolution ,
No. /S7.S(~ is antexacl duplicate of an applicable standard form contract (the line of which is shown below) '
previously apprdved by the Law department end adopted.as a standard form by City Council Resolution, except for the
blanks that' have been filled in with all necessary information and except for the changes described below.
The. title of the applicable standard-form contract is
[ ] Federally Funded Construction Contract, P.evised 1/5/88, 7/89, 8/89 '
NornFederally Funded Construction Conlraci, Revised 1/5/88, 7/89, 8/89 '~- - -
(] Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/89 (§70) 7/89!(§8) ,
(] Non-.Federal - Professional Services • Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(§8), 4/91
O CDBG =Professional Services -Engineering Contract,-Revised 1/5/88, 5/89 (§t o), 7/89(§8)
(] Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89(§8).
(] Non-Federal -Professional Services- Non-Engineering (Consultant) Contract, Revised 1/5/88,5/89(§10),
7/89 {§8),
[ ] CDBG -Professional services -Non-Engineering (Consultant) Contract, Revised- 1/5/88, 5/89(§10), 7/89(§8).
[ J Other Standard Form Contract, described as follows:
The changes are as follows: (Put en "X"'in the appropriate [ ])
None.
(] The following described provisions at the indicated page, section, etc. of the standard form have been deleted
from said contract'
DELETIONS
Page Number
Where
Deleted Provision
Is
Found On Sfenderd Form
Section or Paragraph No.
and Caption
Which
Contains Provision
Deleted From Form
Subsection or
Subparagraph Nb.
and Caption
Which Contains Provision
Deleted From Form
Description o1
Provision Deleted
s/t a/soj
(CeHificale o{ Standard Form Contract, page 2)
J The follov/ing described provisions at the indicated page, section, etc. of the standard form have been altered,
modified, replaced or otherwise changed:
,.
ALTERATIONS, MOD1FlCAT10NS, REPLACEMENTS, ETC..,
Page No. § or ¶ No. & Ceplion
Where of --
Provision Found Standard Form
°n which
Standard Form. ContainT s provision
Sub § or Sub q No.
& Caption
of
Standard Form
which
Contains Provision
~ (].The following provisions have been added to Said Contract:
~e ,
Page § &cepllon
~- sub § &cepllon, etc.'
of sold dontract
bescription which conlaihs
°f altered, etc.
Provision provision; &
In bescrlptlon of
Standard Form Alteration etc:
'Page;. Section and Caption
Su6sectlon-and Caption, etc. of Said Contract Which
Contains the Added Provision and Desctl lion T~tereof
`I further certify that said attached proposed City Council Resolution contains the following provision;
"That said contract is an exact duplicate of a City Standard Form Contract except ibr the changes described in the ~
Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit "B'-and is hereby incorporated by
reference, and said changes are hereby approved' ` ,
I understand that this certificate will be relied on by the Law Department in reviewing and appioving (or rejecting)
as to torm and by the City Council in reviewing and adopting (or rejecting) said Resolut(on.and Contract.
Signed this o / day of _C" ~~4/La Fr , ~.g- 0/0 .
~ ~o.~~~
Department Head or