HomeMy WebLinkAboutPR 12999: WWWTP ADMIN BUILDING MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Steve Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations /~rf~4,
DATE: January 12, 2005
SUBJECT: Proposed Resolution No. 12999
COMMENTS
RECOMMENDATION:
I recommend the City Council award the bid for the Re-roofing of the Main W3~VTP Administration Building
to Mike Barnett Construction in the amount of $10,788.
BACKGROUND:
The roof of this building is over 20 years old and leaks during heavy rains. In November, the City
Council rejected the bids for this item due to budget concerns and we re-bid this work. The low bid in
November was $12,847, with Mike Barnett Construction's bid at $14,880. Although five (5) bid packets
were sent out, only one bid was received on December 29, 2004: Mike Barnett Construction, of Port
Neches, Texas, submitted a responsive bid totaling $10,788. Specifications and the Bid Proposal are
attached.
BUDGET/FISCAL EFFECT:
Although this bid is still somewhat over the budgeted amount of $8,500, this overrun is offset by savings
on other capital equipment already purchased by this division earlier this year. This is to be charged to
account 410-1256-532.92-00 (Wastewater Treatment division, Capital Equipment).
STAFF/EMPLOYEE EFFECT:
Staff will administer this contract and monitor the contractor's performance.
SUMMARY:
The bid received for this item from Mike Barnett Construction meets the requirements of the advertised
specification and is recommended for award ion the amount of $10,788.
/aw
SPECIFICATIONS FOR THE RE-ROOFING OF THEMAIN
WASTEWATER PLANT ADMINISTRATION BUILDING
FOR THE
CITY OF PORT ARTHUR UTILITY
OPERATIONS DEPARTMENT
The Location of the Wastewater Plant is 6300 Procter Street, Port Arthur TX
77640
SCOPE OF WORK
1. Remove existing gravel roofing and gravel guard around perimeter of
building.
2. Mechanically fasten ½" insulation board and a 28# base sheet.
3. Torch apply a modified roof system over entire roof area.
4. Fabricate and install stainless steel gravel guard around perimeter of
building.
5. Furnish a 10 year material warranty and a 2 year workmanship warranty.
6. Leave site of all debris.
All work shall be in accordance wit applicable federal, state, and local codes
and regulations and good construction practices.
Any questions contact Donna King or Ray Todora at 409-962-7871.
Page 13 of 17
CITY OF PORT ARTHUR
BID PROPOSAL
DATE: December 29, 2004
Bid Proposal For: RE-ROOFING OF THE MAIN WASTEWATER PLANT
ADMINISTRATION BUILDING:
Mike Barnett Construction , doing
The undersigned
business in the City/Town of Port Neches, Texas ,
submits herewith, in conformity with the General Instructions, Conditions, and
Specifications for the following Bid:
OUTLINE OF BID DATA:
T DF~CRIP'EION ' TOTAL COST
en rnousanc~ seven hundred eighty-eight dollars and no cents
RE-ROOFING OF THE MAIN WASTEWATER
PLANT ADMINISTRATION BUILDING $ 10,788.00
DELIVERY WILL BE t0 DAYS AFTER AWARD OF CONTRACT.
Receipt of addenda is acknowledged:
No. 1 Dated N/A Received N/A
Mike Barnett Construction 2102 Merriman
COMPANY NAME STREET ADDRESS
~r-)~$ ~, P.O. Box 245
SIGNATURE OF BIDDER PO. BOX
Mike Barnett, Sr. Port Neches, Texas 77651
(PRINT OR TYPE NAME) CITY STATE ZIP
Owner (409) 727-5673
TITLE AREA CODE TELEPHONE NO.
N/A
EMAIL
Page 14 of :1.7
P. R. No. 12999
01/12/05 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
MIKE BARNETT CONSTRUCTION FOR THE REPLACEMENT OF THE MAIN
WWTP ADMINISTRATION BUILDING ROOF; IN THE AMOUNT OF
$10,788.00 ACCOUNTNO. 410-1256-532.92-00.
WHEREAS, the roof of the Main WWTP Administration Building is in need of repair; and,
WHEREAS, the City sent out five (5) bid packets for said services and one bid was received
on December 29, 2004; and,
WHEREAS, Mike Barnett Construction, of Port Neches, Texas, has submitted a responsive
bid in the amount orS10,788.00 for replacement of this roof; and,
WHEREAS, funding is available in the Utility Operations Department Operation and
Maintenance budget, account number 410-1256-532.92-00; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the Mayor and City Manager are hereby authorized to execute a contract with Mike
Barnett Construction for the Replacement of the Main WWTP Administration Building Roof, as shown
in Exhibit ~'A" attached hereto and made a part hereof by reference; and,
THAT a copy of the caption of this 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, Texas, by the following vote:
AYES: Mayor ;
Councilmembers:
P. R. No. 12999
Page 2 of 2
NOES:
Mayor
ATTEST:
Evangeline Green
City Secretary
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons K~lly Eldri~tge - '"
City Manager Director of Utility Operations
APPROVED AS TO FORM: APPROVED AS TO THE
AVAILABILITY OF FUNDS:
Mark Sokolow Rebecca Underhill
City Attorney Finance Director
EXHIBIT A
ROOF REPLACEMENT AT THE MAIN
WWTP ADIMISTRATION BUILDING
CONTRACT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This CONTRACT between the City of Port Arthur, a Municipal Corporation
(hereinafter called "CITY'% and Mike Barnett Construction (hereinafter called
"CONTRACTOP,'% a Texas Business Corporation.
WITNESSETH:
1, TE Iq F NT
The term of this Contract shall be from February 1, 2005 to
March 1, 2005 Inclusive.
2, ~QNTRACT DOCUMENTS
The Contract includes the following documents, copies being attached and incorporated herein, to-
wit:
a) Invitations to Bid sent out on December 16, 2004.
b) Proposal of Mike Barnett Construction dated December 29, 2004 for $10,788.00.
c) Specifications for Re-roofing the Main WWTP Administration Building, as shown in
Technical Specifications
:3. ~
CONTRACTOR shall agree to provide said roofing services pursuant to the condiUons set out in
the Mandatory Pre-bid meeting; however, the C~'Y reserves the dght to amend said schedule
by increasing or decreasing the number of workdays and/or hours scheduled.
CONTRACTOR agrees to perform all work described in the specifications and contract
documents, and comply with the terms therein for the total sum of $10,788.00(lump sum).
Contractor shall be paid in full within thirty (30) days after receipt of a satisfactory invoice, after
receipt of affidavits that subcontractors and laborers have been paid, and after receipt of the
manufacturer's and contractor's warranty.
In the event a daily record is disputed by the Contractor or the City, the questioning party shall
within ten (10) days of receipt of said disputed record, provide a written notice to the other
Page 1/6
party setting forth in detail each matter in dispute and the reason therefore. Promptly after
receipt of such written notice, a representative of the Contractor and the City (each of whom
shall be duly authorized to agree upon a final resolution of any such disputed matters) shall
meet and attempt to expeditiously resolve by mutual agreement all such disputes. All daily
records which are not disputed pursuant to the foregoing procedure shall be deemed accepted
as correct by the receiving party.
5. I'NSURANCE
Contractor shall provide all insurance coverage as required by Section 4 of the
Information to Bidders.
6. ~[~ILCLC.~,O~
Contractor shall be responsible for the use and employment of reasonable skill and care befitting
the profession performing the work required by this Contract. CONTRACTOR shall comply with
the requirements of all applicable laws, rules, and regulations, in connection with the services
of CONTRACTOR and shall exonerate, indemnify and hold harmless the CITY, its officers, agents
and all employees from any and all liability, loss or damage arising out of noncompliance with
such laws, rules and regulations, without limitation. CONTRACTOR shall assume full
responsibility for payments of Federal, State and Local or contributions imposed or required
under the Social Security Worker's Compensation, and Income Tax Laws with respect to the
CONTRACTOR'S employees. Further, CONTRACTOR shall exonerate, indemnify and hold
harmless the C~TY, its officers, agents and all employees from any and all liability, loss,
damages, expenses, or claims arising out of the negligence of CONTRACTOR its officers, agents
and employees in connection with any of the work performed or to be performed under this
Contract by CONTRACTOR or as a result of CONTRACTOR'S failure to use and employ
reasonable skill and care befitting the profession in accordance with Paragraph 7 hereof.
Further, CONTRACTOR shall exonerate, indemnify and hold harmless the CITY, its officers,
agents, and all employees from any and all liability, loss, damages, expenses or claims for
infringement of any copyright or patent arising out of any plans, drawings, or specifications
furnished by CONTRACTOR in the performance of this Contract.
7. SUPERV~St'ON
CONTRACTOR shall supervise its employees to such a degree to ensure that they are performing
the required services in accordance with these specifications and are not derelict in their duties.
The CITY will, from time to Ume, make spot checks of the service being provided and will report
any deficiencies to the CONTRACTOR. Repeated failure to live up to all terms and conditions
set out herein may result in termination to the Contract.
8. PERSONNEL
A. The Contractor 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.
B. None of the work covered by the Contract shall be subcontracted without the prior
written approval of the CITY.
Page 2/6
9. CHANGES
The City may, from time to time, request changes in the scope of the services of the
CONTRACTOR be performed hereunder. Such changes, including any increase or decrease in
the amount of the CONTRACTOR'S compensation of work, which have been mutually agreed
upon by and between the CITY and CONTRACTOR, shall be incorporated in wdtten amendments
to the Contract.
10. M F T
The term of this Contract will cover a two (2) month period.
in the event that CONTRACTOR shall fail to perform in accordance with this Contract, or
otherwise breach this Contract, the CI"I'Y shall have the option to immediately terminate this
Contract in addition to any other legal remedy.
"Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts
of the public enemy, laws, rules, regulations or orders of any applicable court of governmental
authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, restrain of government and people, civil disturbances, explosions,
unavoidable breakage or accidents to machinery, equipment or plants, and any other events
which, whether similar to those enumerated or otherwise, are not reasonably within the control
of the part affected, in the event either party is rendered unable, wholly or in part, by Force
Majeure to carry out any of its obligations under this Contract, then the obligations of such
party, to the extent affected by such Force Majeure and to the extent that due diligence is being
used to resume performance at the earliest practical time, shall be suspended during the
conUnuance of any inability so caused to the extent provided but for no longer period. Any time
that a party intends to rely on Force Majeure to suspend obligations as provided in Section 7.1,
such party shall notify the other party as soon as reasonably possible, setting forth the
particulars of the situation. Notice shall then be given when the effect of the Force Majeure
event has ceased.
12. TERIqZNAT/ON OF CONTRACT FOR CAUSE
if, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his
obligation under this Contract, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this Contract, the C1TY 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 five (5) days before the effective date of such
termination. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability
to the CI-I'Y for damages sustained by the CITY by virtue of any breach of the Contract by
the CONTRACTOR, and the CITY may withhold any payment 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.
Page 3/6
13, TERMZNA'r[ON FOR CONVENZENCE OF THE cI'rY
The cl-rY may terminate this Contract at any time by giving at least thirty (30) days notice in
wdting to the CONTRACTOR. If the Contract is terminated by the Ci-i"Y as provided herein, the
CONTRACTOR will be paid for the time provided and expenses incurred up to the termination
date.
14-. ADDRESSES AND NOT~CE
Unless otherwise provided in this Contract, any communication, request, reply, advice or other
notice herein provided or permitted to be given, made or accepted by either party to the other,
must be in writing and may be given or be served by deposition the same with the United States
Postal Service postpaid and registered or certified and addressed to the party to be notified, with
return receipt requested, or by delivering the same to an officer or official of such party, or by
prepaid telegram, addressed to the party to be notified. For purposes of notice, the addresses
of the parties shall be:
Tf to the City: Tf to the Contractor:
Director of Utility Operations Hike Barnett Construction
City of Port Arthur 2102 Herriman
P.O. Box 1089 P.O. Box 245
Port Arthur, Texas 776,t1-1089 Port Neches, Texas 77651
The parties may at any time change their respective addresses by at least fifteen (15) days
written notice to the other party. Routine operational communications need not be
communicated in writing but may be exchanged verbally between designated supervisory
personnel of the parties.
15. ~:QHPLZANCE wI'rH LAWS
The Contractor shall comply with all applicable laws, ordinances, rules, order, regulations and
codes of federal, state and local governments relating to pen:o~mance of work herein, including
those that became effective dudng the terms of the Contract, at no additional expenses to
during the term of this Contract, save and except for any increases in personnel costs due to
increases in the Federal minimum wage, whereupon the CONTRACTOR will notify the C~TY of
the additional cost to be due for the remainder of the contract year and the commencing date
of such increased cost to the Ci'FY.
16. CZV~L R.TGHTS ACT OF 1964
Under the ~tle V! of the Civil Rights Act of 196~, 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 p~ogram or activity receiving Federal financial assistance.
The CONTRACTOR will carry out its work under this Contract in a manner which will permit full
compliance by the C1TY with the Statue and the regulations adopted thereunder.
Page
17. ]:NCORPORAT~ON OF PROVZSZONS REOUZRED 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. Jif 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 part.
18.
This Contract and all the items and provisions hereof shall be liberally construed to effectuate
the purposes set forth herein and to sustain the validity of this Contract.
The provisions of this Contract are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of this Contract of the application thereof to any person or
circumstance shall ever be held by any court or regulatory authority of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Contract and the
application of such word, phrase, clause, sentence, paragraph, section or other part of this
Contract to other persons or circumstances shall not be affected thereby, unless in the opinion
of the Contractor and City the purposes of this Contract are frustrated.
20, BI'NDZNG EFFECT
Each party represents and warrants to the other that this Contract is binding upon and
enforceable against such party.
21. ASSZGNABZLZTY
This Contract shall be binding upon and inure to the benefit of the parties hereto and their
successors and assJ§ns and this Contract may be assignable by the Contractor upon written
notice to the City.
TN WTTNESS WHEREOF the City of Port Arthur has caused this Contract to be executed this __
day of , A.D., 20
THE CI-FY OF PORT ARTHUR
Steve Fitzgibbons, City Manager
Oscar Ortiz, Mayor
Evangeline Green, City Secretary
Page 5/6
APPROVED AS TO FORM:
Hark Sokolow, City Attorney
IN WFi'NESS WHEREOF
has caused this Contract to be executed this day of , A.D. 20
CONTRACTOR
BY:
Signature
NAME:
TITLE:
ATTEST:
City Secretary
Page 6/6