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HomeMy WebLinkAboutPR 12969:REC CENTER ROOF REPAIRParks and Recreation To: Stephen B. Fitzgibbons, City Manager From: Dr. Albert T. Thigpen, Interim Director of Parks & Recroati Dat~: January 12, 2005 Adoption of Proposed Resolution No. 12969 awarding a contract for Roof Repairs to Monument Constructors at a not to exceed cost of $34,715. Funding: Account Nos. 001-1402551.32-00, C29101, C28101 RECOMMENDATION: I recommend that the City Council adopt proposed Resolution No. 12969, which authorizes the re. pair and rehabilitation of the Recreation and Settlor Citizens Center roof at 1308 9u' Avenue. Six (6) bidders attended the pre-bid meeting at the Recreation Center to examine the damage and the only bid for repair was submitted by Monument Constructors, P. O. Box 627, Beaumont, Texas 77704 at a not to exceed cost of $34,715. Funding Account Nos.: 001-1402-551.32-00, C29101, C28101. BACKGROUND: As you are aware, the building at 1308 9° Avenue was formerly the YMCA location for the City of Port Arthur. The building was dedicated to the City in 1966 and to our knowledge, it still has substantially the same roof as when first erected. After assessment and review of the condition of the roof by Purchasing, Engineering, and Public Works, and Parks & Recreation Departments, it was surmised that the deterioration of the roof was continuous, even mindful of the "patch" repair work by various contractors over several years. The Purchasing Division suggested that we do a feasibility study to plan a long-term solution for the roof overall-especially the part of the building that continues to present the most problems (i.e., ongoing leaks, obvious deterioration, etc.). This is P.R. 12969 Page 2~att the locker rooms/pool cage areas, and shower stalls (referred to as "B2" on the attached diagram). The department has sought all alternatives to the problems with this roof and requested those present at the pre-bid conference to submit alternatives. Only one bidder entered a bid for the repair, which was Monument Constructors. Purchasing, Engineering, Public Works and the Parks & Recreation staff have observed the roof product at Central Mall. The roof product has a fifteen-(15) year warranty. On average, this roof product, installed, costs approximately one third (1/3) of standard roofing costs. BUDGETARY/FISCAL EFFECT: Approval of this recommendation would authorize expenditure of $34,715 from the Parks & Recreation Department--Accounts: 001-1402-551.32-00 (Building Maintenance), CDBG Funds C29101 and C28101. EMPLOYEE/STAFF EFFECT: Adoption of ttfis proposed resolution would have no impact on staffing levels. SUMMARY: I recommend that the City Council adopt proposed Resolution No12969, which authorizes the r}~pair and rehabilitation of the Recreation and Senior Citizens Center roof at 1308 9 Avenue. Six (6) bidders attended the pre-bid meeting at the Recreation Center to examine the damage and the only bid for repair was submitted by Monument Constructors, P~ O. Box 627, Beaumont, Texas 77704 at a not to exceed cost of $34.715. Funding Account Nos.: 001-1402-551.32-00, C29101. C28101. P. R. #12969 01/03/05-cg RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT FOR CONSTRUCTION AND REHABILITATION OF ROOF "B2" AT THE RECREATION CENTER~ 1308 9TM AVENUE, TO MONUMENT CONSTRUCTORS, P. O. BOX 627, BEAUMONT~ TX 77704, FOR AN AMOUNT NOT TO EXCEED $34,715. FUNDING: ACCOUNT NOS. 001-1402-551.32~00, C29101, C28101. WHEREAS, the Recreation Center and the City of Port Arthur provides recreation, physical, and educational activities to the citizens of Port Arthur, and, WHEREAS, the roof of the Recreation Center is in need of repair, construction and rehabilitation due to age and deterioration; and, WHEREAS, the City of Port Arthur requested proposals for roof construction and rehabilitation pursuant to a formal bid process [Exhibit "A"]; and, WHEREAS, the City published an addendum as noted in Exhibit "A-I", and, WHEREAS, one bid was received fi.om Monument Constructors, P. O. Box 627, Beaumont, TX 77704 for an alternate system as to install a DURO-LAST Roofing System on roof"B2" at the Recreation Center at an amount of $34,715 [Exhibit "B"]; and, BE IT RESOLVED BY THE CITY OF PORT ARTHUR: THAT the City Council hereby awards the bid for the reconstruction and rehabilitation of roof "B2" to Monument Constructors, P. O. Box 627, Beaumont, TX 77704. THAT the City Manager is hereby authorized to execute all documentsnecessary to effectuate a contract with Monument Constructors, P. O. Box 627, Beaumont, TX 77704 for the construction and rehabilitation of a DURO-LAST system on roof "B2" at the Recreation Center located at 1308 9th Avenue, at a not to exceed cost of $34,715. [Exhibit P. R. #12969 01/03/05-cg "C"] with a fifteen-year warranty from DURO-LAST as delineated in Exhibit "D" and in Exlubit "E", and, THAT performance and payment bonds will be provided and, THAT payment for the roof system will be made upon completion, upon inspection by DURO-LAST and upon issuance of the DURO-LAST 15-year warranty with certificate being provided that all subcontractors or employees have been paid, and, THAT the contractor shaft sign the Resolution agree'rog to the terms hereof, and, THAT a copy of the caption of th{s Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS __ day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: NOES: ATTEST: MAYOR CITY SECRETARY P. R. #12969 01/03/05-cg Pg. 3 APPROVED AS TO FORM: CITY ATTORNEY APPROVED AS TO ADMINISTRATION: CITY MANAGER DIRECTOR OF PARKS & RECREATION APPROVED AS TO THE AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE P.R. #12969 01/03/05-¢g EXHIBIT A OSCAR G. ORTIZ, MAYOR JOHN BEARD, JR., MAYOR PRO-'rEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL 'SHANE" SINEGAL city of STEPHEN FIFZGIBBONS CID' MANAGER EVANGELINE "VAN" GREEN CiTY SECRETARY MARK T. SOKOLOW CITY ATTORNEY INVITATION TO BID November 22, 2004 Vendors: Sealed Bids, subject to the General Instructions, Conditions and Specifications, as provided will be addressed to the City Secretary of the City of Port Arthur, Texas in DUPLICATE. Sealed BIDS shall be received no later than 3:00 P. M. December 8, 2004 at the City Secretary Office and all bids received will thereafter be opened and read aloud on December 8, 2004 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for the following: ROOF REPAIRS AT TIlE RECREATION CENTER BIDS SHALL BE PLACED 1N A SEALED ENVELOPE, with the bidder's name and address in the upper left-hand comer of the envelope. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED. BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT. MARK ENVELOPE: ROOF REPAIR Sealed Bids shall be submitted: CITY OF PORT ARTHUR CITY SECRETARY P. O. BOX 1089 PORT ARTHUR, TX 77641-1089 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET PORT ARTHUR, TX 77640 ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY OFFICE BEFORE OPENING DATE AND TIME. Page 1 of 17 Box 1089 · PORT ARTHUR, TEXAS 77641-1089 · n09/983-8115 · FAX 409/983-8291 Bids received after the dosing time specified will be returned to the bidder unopened. Award will be made as soon as practicable after opening..To obtain results, or if you have any question, please contact Clifton Williams at the City of Port Arthur Purchasing Office, at (409) 983-8160. The City of Port Arthur reserves the right to 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 of Port Arthur. Sincerely, / Purchasing Coordinator Page 2 of 17 CITY OF PORT ARTHUR G~GENERAL INFORMATION: NOTE; It is extremely important that the Vendor, Bidder, and/or Contractor furnishes the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package, The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepare SEALED BIDS IN DUPLICATE for furnishing: ROOF REPAIRS AT THE RECREATION CENTER 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 3:00 P. M. December 8, 2004. Bid proposal MUST BE SIGNED BY BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems'such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 3% of the lowest bid price. The award shall be made to the responsible vendor(s) whose bid is determined to be lowest offer, taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. Page 3 of 17 TERMINOLOOY: "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: No public official shall have interest in this contract, in accordance with Vcmon's Texas Code Annotated, Local Government Code Title 5, Subtitlc 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 thc 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: I. 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 cngaged in a full time business and can assume liabilities for any performance or warranty service required. 6. Thc City Council shall not award a contract to a company that is in arrears in its obligations to thc City. 7. No payments shall be made~[o any person of public moneys under any contract by thc City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay thc same. Any interpretations, corrections or changes to thc 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 bc mailed to all who are known to have received a copy of thc ITB. Offerers shall acknowledge receipt of all addenda. PRICES: The bidder should show in the proposal both thc unit price and total amount, where required, of each item listed. In thc 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 thc 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.: Recreation Center., 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. Page 4 of 17 ~ The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax, therefore the proposal shall not include Sales Tax. VENUE.'. This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall 'comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. CONTRACT: The following will comprise the contract between the City and the successful bidder: 1. Information for Bidders 2. Bid Sheet 3. Notice of Awards 4. Specifications 5. Addenda QUANTITIES: Quantities shown are estimated, base 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 supplier 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 sixty (60) days after the bid opening date. If through any cause the Bidder fails to fulfill in a timely and proper manner, his obligations under this Contract, or fails to perform in accordance with these specifications, the City reserves the right to terminate this Contract by giving written notice to the Bidder of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Page 5 of 17 No person has the authority to verbally alter these specifications. Any interpretations, corrections or changes to this ITB and specifications will be made in writing by the Purchasing Division of the City of Port Arthur and sent to.each person having a bid package. The vendor must be ~n authorized dealer for all products offered. Vendor must give the manufacturers name and product description of all items. Inferior products, products which perform at a substandard level, or poor quality products will be rejected. SHIPPING INFORMATION: All bids are 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 parry. 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 fi.om it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial pracnces are to prevail. All interpretations of these specifications shall be made on the basis of statement. While the purpose of the specifications is to indicate minimum reqmremems in the way of capability, performance, construction, and other details, its use ~s not intended to deprive the City of Port Arthur the option of selecting goods which may be considered most suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected te discrimination under any program or activity receiving Federal financial assistance. Questions conceming this 1TB or additional information should be directed to Thad Sanders at 409-983-5619. Page 6 of 17 MANDATORY I~RE_BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Roof Repair at Recreation Center will be held at the Recreation Center which is located at 1308 9th Avenue on November 30, 2004 at . 10:00 a.m. Thc purpose of the Mandatory Pre-Bid C0nfercncc is to make certain that thc scope of work is fully understood, to answer any questions, to clarify thc intent of thc Contract Documents, and to resolve any problems that may affect thc project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Coordinator, 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 Mandatory Pre-Bid Conference will be rejected. Page 7 of 17 BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the mount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder 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 retum the formal Contract with the OWNER 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 OWNER, within said period, of reasons which the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER 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 OWNER over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall liable to the City for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) days of receipt of acceptable Performance and Payment insurance,; Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his .signed Agreement. Page 8 of 17 If the Contract exceeds Twenty-five Thousand Dollars ($25,000.00), 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. 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. If Notice JOB EXAMINATION Bidder should be careful examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited to physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities otherwise affect performance of required activities; (b) the character and quantity of all surface materials or obstacles: to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of the above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the Specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relieve the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum Wage scale, which is included following the Specifications. Page 9 of 17 SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention its directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding repairmen and Contractor's Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and House Bill 11 amendments to Section 151.311 of the Tax Code (Vernon Supp. 1997.) as they relate to separated contracts/bids .in order for non- consumable materials and equipment to qualify for resale to the City and be exempt from sales tax. Any bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTOR' S are required to have a sales tax permit issued by the Comptroller of tile State of Texas i n order to qualify under the exemption provisions and the separated contract. The City will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City project. The CONTRACTOR performance this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable e State Comptrollers rulings, along with a copy of the certificate issued to him by the City. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude tile sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or tile OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the 'CONTRACTOR. Bidders are cautioned that materials which; are not permanently incorporated into the work ( Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non-consumable Materials and Equipment". Page 10 of 17 FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job; and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer no later than 96 hours before the bid opening Answers to all such requests will be given in writing to all qualified Bidders in Addendum form, and all addenda will . be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the bidder should no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum, if necessary, may be sent to all Bidders prior to submission; of the bids. Failure to request such clarification its a waiver to any claim by the Bidder for eXPense made necessary by reason of later interpretation of the Contract Documents by the OWNER. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturday, Sunday, and Federal, State and City holidays. Page 11 of 17 SUBSTITUTIONS. Where materials or equipment are specified by a.trade or brand name, it is not the intention o£ tile OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of' quality or performance, and to establish an equal basis for the evaluation of bids. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction o£ the project shall apply to the Contract throughout. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of thc equal opportunity clause set forth in the General Conditions. Page 12 of 17 CONTRACTOR MUST FURNISH ALL LABOR, MATERIAL, INSURANCES, AND EQUIPMENT NEEDED TO REMOVE THE EXISTING ROOF AND INSTALL A NEW DUAL PLY 20 YEAR NDL WARRANTY MODIFIED BITUMEN ROOF SYSTEM SCOPE OF WORK 1. SECURE A CITY PERMIT AND WINDSTORM INSPECTION 2. REMOVE EXISTING ROOF AND RELATED SHEET METAL DOWN TO ROOF DECK 3. REPLACE ANY DETERIORATED STEEL DECKING 4. REMOVE ANY ABANDONED ROOF CURBS AND EQUIPMENT 5. MECHANICALLY FASTEN 1" PERLITE INSULATION BOARD TO ROOF DECK. 6. MECHANICALLY FASTEN 28# FIBERGLASS BASE SHEET TO THE INSULATION BOARD INSTALL NEW 24 GUAGE STAINLESS STEEL DRIP EDGE METAL AND cOUNTERFLASHING AND 1 HEATER VENT 8. INSTALL 6 NEW ROOF DRAINS AND TIE INTO EXISTING DRAIN LINES 9. TORCH APPLY ONE SMOOTH MODIFIED BITUMEN PLY SHEET OVER BASE BID 10. TORCH APPLY ONE GRANUATED MODIFIED BITUMEN CAP SHEET OVER PLY SHEET AS FINISHED ROOF SURFACE 11. TORCH APPLY ONE GRANUATED MODIFIED BITUMEN BASE FLASH1NG ON ALL CURBS AND WALLS AS A FINISHED SURFACE 12. CLEAN UP AND HAUL OFF DEBRIS 13. ROOF SYSTEM INCLUDES A 20 YEAR NO DOLAR LIMIT ON MATERIAL AND LABOR Page 13 of 17 BID OPENING DATE: April 14, 2004 Bid Proposal For: ROOF REPAIRS AT RECREATION CENTER The undersigned , doing business in the City/Town of submits herewith, in conformity with the General Instructions. Conditions. and Specifications for the following Bid: OUTLINE OF BID DATA: DESCRIPTION TOTAL COST ROOF REPAIRS AT RECREATION CENTER WORK WILL BEGIN DAYS AFTER AWARD OF CONTRACT. Receipt of addenda is acknowledged: No. 1 Dated Received COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER PO. BOX (PRINT OR TYPE NAME) CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. EMAIL Page 14 of 17 BID OPENING DATE: DECE~MBER 8 2004_ CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS CITY/STATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER Page 15 of 17 AFFIDAVIT All pages in offer'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 worth 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 agrees to pay said debts prior to execution of this agreement. __ I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: TITLE ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER SIGNATURE SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20. Notary Public in and for the State of RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 16 of 17 CONFLICT OF INTI~REST STATEMENT Please delineate all owners of your company. If you have any contractual business relationship or family relationship with any member of the governing body of the City or if you expect this to occur, please so state: Signature Page 17 of 17 ,6 EXHIBIT A-1 CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. ONE (1) DATE: DECEMBER 12. 2004 BID PROPOSAL FOR: ROOF REPAIR AT RECREATION CENTER 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. 1. DISREGARD TIlE REQUEST FOR BID BOND OR CASHIER CHECK 2. ON SECTION (A) THERE IS STRUCTURAL DAMAGE YOU WILL HAVE TO STRIP DOWN WHERE 1S NEEDED. ATTACHED ARIAL SHOT SHOWING THE 9'X43' AREA WHERE STRUCTURAL DAMAGE OCCURS 3. ATTACHED 1S THE CORRECTED BID PROPOSAL PAGE Clifton Williams Senior Purchasing Assistant CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 1 OF 2 BID OPENING DATE: DECEMBER 8 2004 Bid Proposal For: ROOF REPAIRS AT RECREATION CENTER The undersigned business in the City/Town of submits herewith, m conformity with the General Instructions. Conditions. and Specifications for the following Bid: OUTLINE OF BID DATA: DESCRIPTION TOTA[ COST doing ROOF REPAIR $ $ $ ROOF REPLACEMENT ALTERNATE REPAIR ~ESCRIPTION OF ALTERNATE REPAIR SIGNATURE DATE CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 1 OF 2 WORK WILL BEGIN DAYS AFTER AWARD OF CONTRACT. Receipt of addenda is acknowledged: No. 1 Dated Received COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER PO. BOX (PRINT OR TYPE NAME) CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. EMAIL ~XHIBIT A-2 CONTRACTOR MUST FURNISH ALL LABOR, MATERIAL, INSURANCES, AND EQUIPMENT NEEDED TO REMOVE THE EXISTiNG ROOF AND INSTALL A NEW DUAL PLY 20 YEAR NDL WARRANTY MODIFIED BITUMEN ROOF SYSTEM SCOPE OF WORK 1. SECURE A CITY PERMIT AND WiNDSTORM INSPECTION 2. REMOVE EXISTiNG ROOF AND RELATED SHEET METAL DOWN TO ROOF DECK 3. REPLACE ANY DETERIORATED STEEL DECKiNG 4. REMOVE ANY ABANDONED ROOF CURBS AND EQUIPMENT 5. MECHANICALLY FASTEN 1" PERLITE INSULATION BOARD TO ROOF DECK. 6. MECHANICALLY FASTEN 28# FIBERGLASS BASE SHEET TO THE INSULATION BOARD 7. INSTALL NEW 24 GUAGE STAINLESS STEEL DRIP EDGE METAL AND COUNTERFLASHING AND 1 HEATER VENT 8. INSTALL 6 NEW ROOF DILadNS AND TIE INTO EXISTING DRAIN LINES 9. TORCH APPLY ONE SMOOTH MODIFIED BITUMEN PLY SHEET OVER BASE BID 10. TORCH APPLY ONE GRANUATED MODIFIED BITUMEN CAP SHEET OVER PLY SHEET AS FINISHED ROOF SURFACE 11. TORCH APPLY ONE GRANUATED MODIFIED BITUMEN BASE FLASHING ON ALL CURBS AND WALLS AS A FINISHED SURFACE 12. CLEAN UP AND HAUL OFF DEBRIS 13. ROOF SYSTEM INCLUDES A 20 YEAR NO DOLAR LIMIT ON MATERIAL AND LABOR Page 13 of 17 P.R. #12969 01/03/05-cg EXHIBIT B CONSTRUCTORS ".4 Leader in 2 7t Century Construction Knowledge & Technology." General Contractors. Building Maintenance. Commercial · Industrial Seamless Rubber Roof Systems · Rust & Corrosion Control Metal Buildings & Repairs. Concrete Construction BUILDING ROOF B-2 'P. O. Box 627, Beaumont, Texas 77704 - Office (409)860-9343 Fax (409)860-9248 CONSTRUCTORS "A Leader in 2 7' Century Construction Knowledge & Technology." General Contractors · Building Maintenance- Commercial - Industrial Seamless Rubber Roof Systems · Rust & Corrosion Control Metal Buildings & Repairs · Concrete Construction PROPOSAL/CONTRACT AGREEMENT MCI # 12~04-460 P. O. Box 627, Beaumont, Texas 77704 - Office (409)860-9343 Fax (409)860-9248 CONSTRUCTORS "~4 Leader in 21~ Century Construction Knowledge & Technology." General Contractors. Building Maintenance- Commercial. Industrial Seamless Rubber Roof Systems - Rust & Corrosion Control Metal Building~ & Repairs- Concrete Construction Proposal/Contract Agreement MCI #1204-460 December 6, 2004 City Of Port Arthur Texas P. O. Box 1089 Port Arthur, Texas 77641-1089 409-983-8115, Fax 409-983-8291 Attention: Purchasing Department Subject: Building B-2 roof renovations, Recreation Center, 1308 9th Avenue, Port Arthur, Texas Proposal: Furnish equipment, labor and material to complete the following: Install DURA-LAST Roofing Systen3 as per DURA-LAST installation specifications, (5,691 sf) Proposal Includes: Fifteen (15) year full warran~ or twenty (20) year prorated warranty General Liability Workers Compensation Insurance ISTC Certified Fall Protection Supervisor ISTC Fall Awareness Training of other workers Required Safety Equipment Clean up and disposal of construction debris Proposal Does Not Include: Electrical, plumbing or interior repairs Special Conditions: Customer to provide electrical and as needed for project and relocation of vehicles during construction Start Up Time: 5-6 weeks Cont. MCI #120~. ~.~;0 Page 2 Completion Time: 3 fair weather work days Proposed Amount: $34,715.00 Sales Tax: Exempt Total Propose Amount: $34,715.00 Terms: 50% on start up Balance on completion Proposed amount honored for next 60 days and subject to increase during the months of October, November, December and January Acceptance Of Proposal/Contract Agreement MCI #1204-460: Signature kate Monument Constructors, Inc. P. O. Box 627, Beaumont, Texas 77704 - Office (409)860-9343 Fax (409)860-9248 P.R. #12969 01/03/05-cg EXHIBIT C COSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of ,2005, by and between the City of Port Arthur_ a municipal corporation organized under the laws of the State of Texas. hereinafter called "OWNER" of "CITY" and Monument Constructors. herein acting by and through hereinafter called "CONTRACTOR". WlTNESSETH: That for and in consideration of the payments, terms, and conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: The CONTRACTOR will commence and complete the construction or repair and rehabilitation of the roof [B2] ar the Port Arthur Recreation Center, 1308 9* Avenue. 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. The CONTRACTOR will commence the work required by the Contract documents on or before a date to be specified in the Notice te Proceed and will complete the same within 30 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. The CONTRACTOR agrees to perform all of the work described in the Contract Documents and comply with the terms therein for an amount not to exceed $34,7t5~ 5. The term "Contract Documents" means and includes the following: A) B) C) D) E) F) Agreement Notice of Award Notice to Proceed Specifications prepared or issued by the City of Port Arthur attached hereto as Exhibil "A-2" Proposed by Monument Constructors for an alternate system Resolution approving the agreement The OWNER will pay an mount not to exceed $34,715. to the CONTRACTOR in progress payments as the work is being completed with the final payment being paid when the construction is completed and the contractor has signed an affidavit that all subcontractors and supplies have been paid. IN WFI~xlESS 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. APPROVED IN FORM: OWNER: CITY OF PORT ARTHUR CITY ATTORNEY CONTRACTOR: MONUMENT CONSTRUCTORS BY: NAME: TITLE: MAYOR BY: BY: NAME: NAME: ADDRESS: TITLE: CITY MANAGER (SEAL) (CORPORATE SEAL) ATTEST: ATTEST: NAME: NAME: TITLE: CITY SECRETARY P.R #12969 01/03/05 -cg EXHIBIT D (the "OWNER" containing a DURO-LAST ROOFING SYSTEM installed by an Authorized maler/Contractor, DUR~LAST. INC 's, ob]igalion during Lhe I~t through the L5 years shal] be to ~eoair any leak in the r~f cau~d hy any ~cfect NC' membrane, materials or accessories or by the wo~manship of the Authorized Dealer/Contractor, but only as LIMITATIONS 1) ~is limit~ wa~antv does no app y o a DURO-LAST Roofing System installed on a single-fanfly residence. 2) DURO-LAST shall in no instance be held fable for any roof failure ~or subsequenl damage adsiug from causes outside c) Damage caused by ~v unauthoriz~ modification to ~e DURO-~ST ~oof including, but not limited to, damage caused by unauthorized components us~ in installation or repair, or by ad~dona~ ~uipmenI or structures add~ to or made a structure, inciuding from adjacent buildings. 4) DURO-LAST is not liable under ~is limited w~aa~ unless: (30) days of the discover' of an~ [e~ or other alleged roof failure; and b) The Owner allows DURO-LAST's agent or iu Authorized Dealer/Con~cmr access to me r~f for inspection and examination; aud '~ d) DURO4.AST authofi~s the repair and the repair is done by ~ Authorized Dealer/Con.actor, 5) This li~nlted wa~an(y passes to future Owners of the building for the full Fi~een (15) years hereof. 7) ~is limited w~anty sh~ b~:~e~ ~:~ r¢pects by the laws of ~e State of Michigan reg~dless of ~e State of purcha~ 8) DURO-LAST d~s not wai~=~d~t~ ~f~is limited w~anty by refraining to exercise im fights in full m one or more warrant,es c~not h~l~ up~ by ~ ......... d ..... r pan of the contracl for sal ...... tallat,on P.R. #12969 01/03/05-cg EXHIBIT E CONSTRUCTORS · st Leader tn 21 Century Construction Knowledge and Technology Over 33 years of experience has bolstered Monument Constructors, Inc. (Monument) to the forefront of the commercial and industrial construction industry. Our construction specialists employ the latest in construction technology and have 80 plus years combined Commercial and Industrial experience. Monument specializes in design and consultant work, project planning, project management an actual project construction. We are also experts in structural steel/metal building applications with 16 years combined experience with TRUCO Rubber Roof Systems. Our experienced professionals understand the complexities of your project and deliver solutions that maximize the functionality of your valued assets. Honument maintains a strict safety program. Supervisors are [STC certified and our in house workers are ISTC Fall Awareness trained. Honument is bonded in most Texas cities and has been for the past 21 years. We provide our own insurance and will acquire additional umbrella coverage to suit your requirements. Industrial ChemTreat, Inc., specializes in blending and tran~erring of chemicals for treatment of water for energy production fadlities. ChemTreat commissioned iVlonurr~nt to construct new tank forms and bulk loading facili~ at its Nederland, Texas operation. Excavation of site for sub-grade coecrete construction. Forming for tank walb Poured in place ~e for structural steel erection Commercial Fdto Las' Distribution Center - Beaumont, Texas Frito Lay - Renovated exterior metal panels and installation of new guttering and downspouts, M&M Air Services - Fanned, Texas M&H Air Services - Refurbished extedor metal panels and applied rubber roof system sealant to ~revent leakage. Super Food Mart - Beaumont, Texas Replaced and refurbished exterior panels for full exterior restoration. Wilson Warehouse - Beaumont, Texas Renovated extedor metal panels and installation of new guttering and downspouts for structural st~eel warehouse facility expansion. CONSTRUCTORS General Contractors Construction Management Commercial/Industrial Building Solutions Metal Buildings - construction and repairs Rust and Corrosion Control Seamless Rubber Roof Systems and Applications Concrete Construction Monument Constructors, Inc. P.O. Box 627 Beaumont, Texas 7770q (40g) 860-93~3 mort umentcon~sBoglobal.net PJace Post,age