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HomeMy WebLinkAbout(1) PR NO 16500: MAIN WASTEWATER TREATMENT PLANT GENERATORSInteroffice I �104 � CO MAN z 1910� To: Mayor, City Council, and City Manager From: Valecia R. Tizeno, City Attorney 4VJJI�-eDate: June 27, 2011 Subject: Updated P. R. No. 16500; Council Meeting June 28, 2011 P. R. No. 16500 was tabled at the June 14, 2011 Council Meeting. Director of Utility Operations, Kelly Eldridge, has submitted an Updated P. R. No. 16500, which is attached. Originally, he was recommending B -K Maintenance, Inc. as the company being awarded the bid for Primary and Secondary Generators for the Main Wastewater Treatment Plant and Primary Generator for the Main Outfall Lift Station. He is now recommending rejection of this bid due to the information received subsequent to the bid shows that their proposed generators do not meet the requirements of the advertised specifications, nor does their schedule of values include all the work tasks detailed in the project scope of work. Also, the consulting engineer had been unable, after several attempts at contacting each reference, to obtain any confirmation of their ability to perfcrm this work. The next lowest bidder, T. Johnson Industries, Inc., meets the requirements for this project and is recommended by the City's engineering consultant firm, Arceneaux & Gates Consulting Engineers, Inc. Therefore, an updated P. R. No. 16500 recommending T. Johnson Industries, Inc. be awarded the contract is attached. VRT:ts Attachment >.pr16500memo_updated MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Stephen Fitzgibbons, City Manager FROM: Kelly Eldridge, Director of Utility Operations /4j� DATE: June 22, 2011 SUBJECT: Proposed Resolution No. 16500 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 16500 awarding the bid and authorizing execution of a contract for Primary and Secondary Generators for the Main Wastewater Treatment Plant and Primary Generator for the Main Outfall Lift Station, to T. Johnson Industries, Inc., of Lumberton, Texas, in the amount of $1,192,605.70. BACKGROUND This project is for the provision of emergency generators at the above facilities. The TDRA has provided grant funds for this work. Fourteen (14) potential vendors attended the mandatory pre-bid meeting on June 2, 2011, and the following seven (7) bids were received on June 8, 2011: Bidder _ Bid ALLCO, Inc. $1,200,750.00 Beaumont, TX. T. Johnson Industries, Inc. Lumberton, TX Placo, Ltd. Lumberton, TX Williamson Construction Lumberton, TX B -K Maintenance, Inc. Beaumont, TX Bridgefield Electrical Services, Inc. Orange, TX H.B. Neid & Sons, Inc. Beaumont, TX $1,192,605.70 $1,193,248.60 $1,232,770.00 $881,321.37 (mathematical error in their bid is shown corrected) $1,365,159.00 $1,278,973.00 We recommend rejecting the low bid from B -K Maintenance, Inc. as their bid (& information received subsequent to the bid) shows that their proposed generators do not meet the requirements of the advertised specifications, nor does their schedule of values (list of work to be done) include all the work tasks detailed in the project scope of work. Also, our consulting engineer has been unable, after several attempts contacting each reference, to obtain any confirmation of their ability to perform this work. The next lowest bid, from T. Johnson Industries, Inc., meets the requirements of the advertised specifications and is therefore recommended for award. BUDGET/FISCAL EFFECT T. Johnson Industries, Inc. submitted the lowest responsive bid for this project and is recommended by our consultants, Arceneaux & Gates Consulting Engineers, Inc. This bid is within the funds budgeted for the project, City Bond account no. 141-1201-532.59-00, project no. ORPRIM, ORMSEC, & ORMAIN. STAFF/EMPLOYEE EFFECT City staff and our consulting engineer, Arceneaux & Gates, will oversee this project. SUMMARY Approval of Proposed Resolution No. 16500 is recommended. P.R. No. 16500 06/22/11 RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT IN THE AMOUNT OF $1,192,605.70 FOR THE PRIMARY AND SECONDARY GENERATORS FOR THE MAIN WASTEWATER TREATMENT PLANT AND PRIMARY GENERATOR FOR THE MAIN OUTFALL LIFT STATION PROJECT BETWEEN THE CITY OF PORT ARTHUR AND T. JOHNSON INDUSTRIES, INC., OF LUMBERTON, TEXAS, ACCOUNT NO. 141-1201-532.59- 00, PROJECT NO. ORPRIM, ORMSEC, & ORMAIN. WHEREAS, the City is in need of upgrading our Wastewater Treatment Plant and key lift stations to provide electrical power during emergency conditions in order to continue to provide service and to meet TCEQ Design Criteria; and, WHEREAS, the City applied for, and received, a grant from the Texas Department of Rural Affairs for such emergency generators; and, WHEREAS, in cooperation with Arceneaux & Gates Consulting Engineers, the City of Port Arthur advertised and received bids from seven (7) contractors for this project; and, WHEREAS, the apparent low bid from B -K Maintenance, Inc. is not recommended due to their products and work proposal not meeting the requirements of the advertised specifications; and, WHEREAS, the lowest bid meeting the requirements of the advertised specifications is from T. Johnson Industries, Inc., as noted in the Arceneaux & Gates Consulting Engineers, Inc. Recommendation of Award, attached as Exhibit "A"; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby authorizes the Mayor and City Manager to execute the contract (attached as Exhibit "B") for the Primary and Secondary Generators for the Main Wastewater Treatment Plant and Primary Generator for the Main Outfall Lift Station Project, to T. Johnson Industries, Inc., of Beaumont, Texas, in the amount of $1,192,605.70; and, P.R. No. 16500 06/22/11 Page 2 of 3 THAT the contractor shall not proceed on any phase or segment of this work until a Notice to Proceed is i ssued with receipt of performance and payment bond and certificate of insurance; and, THAT, the said contract is an exact duplicate of a City Standard Form contract except for the changes (if any) shown in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit "C", and said changes are hereby approved; 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 2011 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilinembers: NOES: ATTEST: Sherri Bellard Acting City Secretary Deloris Prince Mayor APPROVED AS TO FORM: Valecia izen City Attorney APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Kelly El idge -� Director of Utility Operations tc Shawna Tubbs, CPPB Purchasing Manager P.R. No. 16500 06/22/11 Page 3 of 3 APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols Director of Finance Ross Blackketter, PE Director of Public Works EXHIBIT A (A&G Recommendation) ARCENE J-" 8c GATES CONSVLTI:a ENGINEERS, INC one "urtle Creek 5c!um .- 3�zti1 Turtle Creek DriNc. •idle !02 Port -Arthur, Texas -"'b-12 (109) 724-733`: F.yY (4:'!) -21-1417 T)ATE: June 22, 2011 TO: City of Port Arthur 444 4th Street P.O. Box 1089 Port Arthur, Tx 77642 LETTER OF TRANSMITTAL PROJECT NO.: CPA -570 ATTENTION: MS Shawna Tubbs RE: Primary & Secondary Generators for Main WWTP & Primary Main Outfall Lift Station Wf: ARE SENDING YOU ✓❑ Attached ❑Cruder Separate Cover ❑ Memorandum ❑ Prints 0 Plans ❑ Copy of Letter ❑ Change Order ❑ Form via Hand Delivery the following items: ❑ Invoice 0 Specifications ❑ Other COPIES DATI? I DESCRIPTION 1 06/22/2011 Recommendation of Award of Contract Package 1 06/22/2011 (Bid Tab, Contractors Bid & Addendum) ar Lt4e✓ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted D For N our use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ Execute and return original ❑ For bids due REMARKS: COPY TO:&- G Folder Revised 1 1-05 08 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Submit corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED: 4 Ua Stephanie Malkowsky ? ? "EAT GAS, E,8 Mr. Kelly Eldridge Director Water Utilities City of Port Arthur 444 Fourth Street Port Arthur, Texas 77640 ARENEI U.X & GATES Cons .h'11 --.g Engi—,-.eels, inc. ES3gl.i`deeri' 9 7? Tve;j-,)fa - P_.f nneTs June .2, 20', 1 RE; RECOMMENDATION OFAWARD OF CONTRACT Primary & Secondary Generators for Main WWTP And Primary Generator for Main Outfaii Lift Station TURA Grant Award /D; DRSO10148 A& G Job No. CPA -570 Dear Mr. Eldridge: On June 8, 2011 the City of Port Arthur received seven (7) sealed bids for Primary & Secondary Generators for Main VWNTP and Primary Generator for Main Outfall Lift Stations in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the public bid opening. There were no alternates proposed for this project. The bids were checked for errors and tabulated. All Bidders acknowledged receipt of Addendum No.1. All Bidders also submitted proof of Bid Surety and Statements of Bidders Qualifications with their bids as required. No substitutions were submitted. It was found that T. Johnson Industries, Inc. of Lumberton, Texas submitted the lowest responsive Total Amount Bid in the amount of $1,192,605.70. A copy of the certified Bid Tabulation is enclosed for your information. It should be noted that BK Maintenance, Inc. of Beaumont Texas submitted a Total Amount Bid in the Amount of $881,321.37. Since BK Maintenance has never performed work for the City of Port Arthur it is customary to request additional information from the bidder in order to properly evaluate the bid. This information requested from the bidder was a work history on similar projects as well as the 3.501 Turtle Creek Dr., Suite 102 Port Arthur, TX 77642 409/724-7888 FAX 409/724-1447 a ' 11-ENEAT..iX GATE, )NS _- y' 1INEE_ a : - Mr. Kelly Eldridge City of Port Arthur June 22, 2011 '=age Two sp(%;c,f'c.at.ons ',Dr the e gators fcr the )r )jec:. The - :Jcer submitted all information requested. My eiectrical engine- _ring consultant has reviewed the generator specifications submittf:d and found that they do not rneet the specifications called fcr in the contract documents. In addition to this, I have been unable to verify any experience the bidder might have on similar type projects. Based on the information provided and the inability to verify a work history on similar type projects the bid submitted by BK Maintenance, Inc. in my opinion should be considered as a non-responsive bid and therefore not considered in the bid evaluation and the project awarded to the next lowest responsive bidder T. Johnson Industries, Inc. We have worked with T. Johnson Industries, Inc. on projects in the past and have been pleased with the quality of work performed by the contractor. Based on our past working history with the contractor we recommend that the City of Port Arthur award the contract for Primary & Secondary Generators for Main WWTP and Primary Generator for Main Outfall Lift Stations to T. Johnson Industries, Inc. on the basis the lowest responsive Total Amount Bid in the amount of $1,192,605.70. Should you have any questions or require additional information, please contact our office. Very truly yours, ARCENEA UX & GA TES CONSUL TING ENGINEERS, INC. TEXAS REG/STERED ENG/NEER/NG F/RM F-30 Joe M Wifion Jr.,PE Vice-Presige/nt Attached: Bid Tabulation 5 d YY Y m m_m M (0�1 y M N o L ca cin c0 d Ot: O O X N - o N Z cm c`m cm 06 o .6 o .0 o L N L Lo L LO = E E olE 11 (9 LL (7 IL i7 r. Lo es U Z � 2 W M W LL 2V, F3 Wui w 0 W Z _Z yy JZT Z NW Z LL yy O W W T W (n C0 �W a V) X W E- Z W a `I O J iv { O r n ro _ Y: N lGI MI v Z JI N N NI V N� � O O) M N ~ 0 v m C 0 v u C rn w eA O 6 5 d YY Y m m_m M (0�1 y M N o L ca cin c0 d Ot: O O X N - o N Z cm c`m cm 06 o .6 o .0 o L N L Lo L LO = E E olE 11 (9 LL (7 IL i7 r. Lo es U Z � 2 W M W LL 2V, F3 Wui w 0 W Z _Z yy JZT Z NW Z LL yy O W W T W (n C0 �W a V) X W E- Z W a `I iv oo r n ro O O O) M N ~ E v �x d C 0 v u C rn w eA O 6 m N N Y m °• � ri n � cvi N to 5 d YY Y m m_m M (0�1 y M N o L ca cin c0 d Ot: O O X N - o N Z cm c`m cm 06 o .6 o .0 o L N L Lo L LO = E E olE 11 (9 LL (7 IL i7 r. Lo es U Z � 2 W M W LL 2V, F3 Wui w 0 W Z _Z yy JZT Z NW Z LL yy O W W T W (n C0 �W a V) X W E- Z W a `I iv oo r n ro O O O) M N ~ E v �x d 0 v m � O rn w eA O 6 m N N u d .m V O m .r-• V a to D. C m v v W C O y N N N OD o u V V v y x E N cmn rO1i v V p 9 fl 69 C m C G N V O N O N -0 1 a` 5 d YY Y m m_m M (0�1 y M N o L ca cin c0 d Ot: O O X N - o N Z cm c`m cm 06 o .6 o .0 o L N L Lo L LO = E E olE 11 (9 LL (7 IL i7 r. Lo es U Z � 2 W M W LL 2V, F3 Wui w 0 W Z _Z yy JZT Z NW Z LL yy O W W T W (n C0 �W a V) X W E- Z W a `I EXHIBIT "B" C iTY OF POR`'" ARTHUR STANL A -JD FORM ,: � AGRF7MEN F )R )WNE, CON , `�A , JR w ROJE TS 7' -r r•, �FFFi '' 01` ., (' 1_ " TY TI -J SC E' ��'i�NT; male and este ac' into as 5th day of June, A.;�. 2011, by and between 'he City of Por%?hum of the COUNTY of Jeffe-son in the STATE OF TEXAS, thei,et ntc duly authorized so to do. Party of the f=irst Part, hereinafter termed OWNER, and T. JOHNSON INDUSTRIES. INC. of the City of Lumberton, Cc:unty of Hardin in the Sate of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow: PRIMARY & SECONDARY GENERATORS FOR MAIN WWTP AND PRIMARY GENERATOR FOR MAIN OUTFALL LIFT STATION, JOB NO. CPA -570, CONTRACT NO.1 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Arceneaux & Gates Consulting Engineers, Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete within 150 consecutive calendar days after issuance of the "Notice to Proceed" and to be at Final Completion within 150 consecutive calendar days after the issuance of the "Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Port Arthur Party of the First Part (OWNER) M. ATTEST: 2009 TxCDBG Project Implementation Manual Appendix, K T. Johnson Indrustries, Inc. Party of the Second Part (CONTRACTOR) sm ATTEST: A-1 BID CT OF PORT _tRTFFL r -I4 `.1Z Proposal cid_ •��'�� .��+s"%�i� ��e, (hereinafter called "BIDDER `). organized and existing under the laws of the State o W X , doing business as and acting by and through _to the City of Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of PRIMARY & SECONDARY GENERATORS FOR MAIN WWTP AND PRIMARY GENERATOR FOR MAIN OUTFALL LIFT STATION, JOB NO. CPA -570, CONTRACT NO.1 in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract: for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 150 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Sections 9 and 40 of the General Contract Conditions. Enclosed is bid security, as required. BIDDER acknowledges receipt of the following ADDENDUM: *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: CPA Federally Funded D-1 'ter; _ A xprox. :.,---- Descripticn of item with Unit nit z n;t Pi ce Written '4P Words Price Amount M1J �)Li V"' :_: 1 :lc ( y -)F ''ort .4r!.`!ur is a tz : e tie,nr a_�enc, 'I'le -'-'T :' will furnish :';-provca _�i&"?r Citi. '_'ertifcate 3or m d' -gals wsed on this project. BASE BID 174'Efi S Furnish and Install Three (3) New Diesel Powered Generators. 1000 kW and 300 kW at Wastewater Treatment Plant (WWTP). 900 kW at Main Outfall Lift Station (MOLS). Including but not limited to Roadways, Concrete" $0! l`�' ��'� $� '',�'��`>67 Foundations, Masonry Structures, Doors, and Finishes. Also Including but not 1. 1 L. S. Limited to Automatic Transfer Switches, Enclosures, Wiring and all associated Electrical Accessories as Detailed in the Electrical Scope of Services. All Work in Accordance with the Plans and Specifications. SUB -TOTAL BASE BID ITEMS S/, /FOV; ' 5ru vo CPA Federally Funded D-2 It,-ni Approx. De,;crlr)tion of Item with Unit ,N 0.T nit _�rji; ;'r;ce Wr tten in Words Pric'; Amount 3W PP' 'IMENI kL 1'rFMS lira einfbr;in Steel. C',-.crlpLa in ($0.7.5)* LB. so, Per Pound Extra Class "A" Concrete, Complete in ($150.00)* Place. 3. 20 C.Y. Ca 0,\( Ar' Per Cubic Yard $/50,V61 $ LIZ Extra -Cement Stabilized Sand, Complete ($30.00)* in Place. 4. 20 C.Y. 0 00, 670 Per Cubic Yard .0-00 sL *Figures in parentheses represent minimum unit prices for Supplemental Items. SUB -TOTAL SUPPLEMENTAL ITEMS SUB -TOTAL BASE BID ITEMS TOTAL AMOUNT BID Cl',,\ Federally Funded D-3 $/, 1/?4? 0"- F'- r' 70 0 SUBSTIT ,, ';ONS k,. 2. _( Jeduc (Add) (Deduct) lJnit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include labor, equipment overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID plus anU Alternate(s) described above which is most advantageous to the OWNER. CPA Federal 1} Funded D-4 S Ni" -'TCON... TAOCE: 'T'() ' % 1, \ 1 ' 1'l Nor A—onsur, abhe aia*-, al d I.X �,XeMF 7-0 YAL ANJC,; TNT BID: --,kltl, Labor and Consumable I , -1 M 3 Lerial and Equip= it. (Not Tax Exempt) j Respectfully submitted: DATE: (SE 0-, IF BIDDER IS A CORPORATION) CPA Federally Funded D-5 ja,rl Ae,:�v 40,ow (ADDRESS) )eos� 44�v- yfe-4--2 (TELEPHONE NUMBER) (LICENSE NTmBER IF APPLICABLE) (ATTEST) 37i (PLAN ;'\Jj DA; i -FY OF PORI iR i HUR r, S P,U TIONS BIDDER I::idders are requested to furnish their complete REMIT TO ADDRESS and TAX tDENTIFICATION NLTvfBFR as indicated below: REMIT PAYMENT TO: ��o�ilv SOsv 04:e-N�:erA "s -'e.�-wC. COMPANY 7,a ADDRESS J10001 CITY/STATE/ZIP L Um (-`' 7,V 7 7 � — 7 SEND PURCHASE ORDER TO: COMPANY -! 4 ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER: f]l0 — 03 SSSS fi c er �, 'r� ti prof �,,al ccntain as stateme;lts, ielte., be signed by a duty a. r ekd1fic : )f h? or any, vr ; ose ignatur, is bin(", ca tae )id "ropG al. The nc'ers pi: -r >f}er and agrees to ->rie :), 'sie following; _I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agres: to pay succeeding debts as they become due during this agreement. _—1 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: 7CR47 �. � �s��o,�. S2e TITLE �2 eS�'e.v ADDRESS ��. d®x®�9 C ITY/STATE/ZIP tR.,n ! xenv✓v / 7 % b s-' ;7 TELEPHONE NUMBER SIGNATURE � ��� SUBSCRIBED AND WORN to before me by the above named firr, Ju kiLy on this the _lday of j(,r, j2 , 20 d i ,,E AUCA M. WR04T ,� NOTARY PUBLIC Notary Public in and for the State of STATE OFTExAs MY COMM. Ego' 7.9-201 'a1CK1 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL CPA Federally Funded D-7 CFR': FIC ?TP)Ni RE, .ARI >INC, L -)W-i INC, ( -his Certi icati6n i:- required pursuant to �� 1 G.S.C. 1352) Vie': Cat: n Coat~acts Grants Loans._ind Cooenerative _�,��eerler �7i undersi;?ne-; certifies, to the best of his or 1>er knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonn I LL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the.award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $11,000 and not more than $110,000 for each such failure. Please c ck appropriate box: No nonfederal funds have been used or are planned to be used for lobbying in connection with this application/award/contract. f Attached is Standard Form LLL, "Disclosure of Lobbying Activities," which describes the use L–� (past or planned) of nonfederal funds for lobbying in connection with this application/award/ contract. Executed this f — day of by fr Z, J&�inro�re, (Type6r Print Name) Official) (Title of Executing Official) (Name of organization/applicant CPA FeX>ally Funded D-9 t;NTR C"I CI,AUSE )N .01 3YNG b ;k ntrac 4'.cc ntrL-V, or sub, r:°rt is sul-,ec:; S °ction 31c >f Public Lativ 101-121. which ad.:ed 13 2 r,:,.,_rding lot -vire astriction. to C fu :)t<::r 13 of T itie 3i of �he i'nited States '-ode. The zein e tion is e �piair:ed in ttlU cotnrnot: -iile 15 CFT Part .18 (55 FR 6:36-6748, "/26190). Each bidder':ai�plicant'r cipic;7t of this contract subcontlact, or subgrant and subrecipients are generally propir,ted from using Federal 'unds for le".,by ng the Executive or Legislative Branches of the Federal Government in connection with this Award. Contract Clause Threshold This Contract Clause regarding lobbying must be included in each application for a subgrant and in each bid for a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award. Certification and Disclosure Each applicant/recipient of a subgrant and each bidder/applicant/recipient of a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award must file a "Certification Regarding Lobbying" and, if applicable, Standard Form LLL, "Disclosure of Lobbying Activities," regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier. All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant), who shall forward all disclosure forms to the Federal agency. Cqqt:inuing Disclosure Requirement Each subgrantee, contractor, or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant) who shall forward all disclosure forms to the Federal agency. Indian Tribes Tribal Organizations or Other Indian Organizations Indian tribes., tribal organizations, or any other Indian organizations, including the Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other Federal. law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of Section 319 of Public Law No. 101-121. Note, also, that a non -Indian subgrantee, contractor, or subcontractor under an award (grant) to an Indian tribe, for example, is subject to the restrictions and reporting requirements. CPA Federally rundcd D-10 :s, s KNOW ALL MEN BY THESE PRESENTS, that we T. Johnson Industries Inc 1443 Highway 69 Kountze Texas 77625 as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Port Arthur as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Primary &Secondary Generators for Main 1NWTP and Primary Generator for Main Outfall Lift Station. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified ii said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 8th day of June, 2011. T. Johnson Industries, Inc. (Principal) BY: 'TITLE: SureTec Insurance Company elinda Martinez Attorne Bid Bond uncapped text (3) Rev 1.1.06 POA ; 4221022 - Baytown _ � 1 D' OWE _ Of ATT )R'lE Y r �� , _ ' i SCF ;-0x ( Imran ), a �otporation duly organized and luw ill �t h� T'�<<.% es tis. Su.. I _ i rL` - y 3'; n� it; "'r of in :�UGSTon, Aarr:s 1�d:SaS, dCBS .}i9S2 Pro-.2ntS ;CCU. anc, i+le�lrCa %Ia-^ rez, RatrC::a Ptcee;rsk., Randy Zenrque, (]on Ric^ardscn, :Isle L. \/-'stal its trate and '`.awful Ancrney-ua-fact, with full power and author.y hereby conferred in its name, place and stead, to execute, ac 'lowledge and deliver any and a 1 bends, recognizances, undertakings or other instruments or contracts of suretyship to include warners to the conditions of contract3 and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate sea! of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following . resolutions -f the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any .Assistant Vice -President any Secretary s any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey()-in-Fact to represent and act for and on behalf of the Cornpany subject to the following provisions: Ar rney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and rtakings and any and all de-iver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory unde novices and doc,iments canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such PuComey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or an? certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to anv bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, :999j In Witness Whereof; Sl JRETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to 'De hereto affixed ibis 3rd day of September, A.D. 2010. SURETEC I1vSL EC PANY SVAANC�w� .Cpl ri 7l y , By: :' John o Jr., resident W;w to 7` y rZ State of Tea as ss: 1 `' County of }lams On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides ui Houston, Texas, that he is President of SURETEC INS aid COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public, state of Texas acq ely aJ,�do, Notary Public My Commission Expires iy comm slos May 18, 2013 May 18, 2013 1, M. Breen: Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy ol.` a Powe~ of Arorne;., executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set o,it in the 'ower of At'omey are in full force and effect. 8thJune 201 1 , A.D. Given under my hand and the seal of said Company at Houston, Texas this day of M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. ureiec Insurance Company TTI . BOND RICER=; CCVAAS IMPORT, N-7 COVERAGE Statutcry C(.,mpia', i oti;e INFORMATiON G 7 Cc i i -'i i" -r �r rr ake � ccmcialr.c You nay call '"c Si_ sty's `.c I free-eleJhcne lumber for informa'D n or to �,a a a _ rr. z at: 2-009". Ycu na'.Viso write .'ht Surety at: S-�reTec nsura:nc:t Ccmpa�-.y 9737 Great KI!s Trail, Suite 0 A, tin, Tx 78759 You may ccrtact the Texas Department of Insurance to ootain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: htto://www.tdi.state.b(.us Email: Co nsu merP rotection @td i. state .tx,us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war, Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards -The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parrs, nor for any environmental hazards, bio -hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Warranty Limitation Rider In no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty five months after the date on which Subcontractor either substantially completed its work or breached the Subcontract, whichever is the first to occur. Rev. 9-17-06 S ",A; EMIENT OF .30 :)E R'3 -�t ALIFIC,ATi0NS idl wl_ es Y n .,st be answer J and the lata, y,iv,.n must be clear and comprehensive. This sta° �meliI i-nust aF~ not,- 'zed. f necessa- gtaestions ,nay be answered on sepa; ate attached sheets. The Bidder ma :.ut:na any dditii: nz l information Ihe desires. 1`ianle of �?idcer�,_DOe Organized: �X�' Address: G� Lin,&2��,�'�'7?6-] Date Incorporated�091F1 Number of Years it contracting business under present name �Q CON RACTS ON HAND: ntract Amount $ Comyl.�tion Date /lO Type of work performed by your company: c �`,/1 ��'� Vus Have you ever failed to complete any work awarded to you? / v a Have you ever defaulted on a contract? List the projects most recently completed by your firm (include project of similar importance): Major equipment available for this contract:,O ,-4- rte- oS/ Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $ Bank reference: — fie• -ice/ The undersigned hereby authorizep and requests air perso , fir , or corporation to furnish any information requested by the i -A in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this day of �l �/NG _, 20//. By:(signa rt�.r e) Title: y (print name) E� �S o�•r.U�i/ �, 2009 TXCDBC Project Implementation Manual Appendix K I1 -3C City of Pori: Arthur N"Iai Wast - ;A/ater T'eatrment Plar'L- and Seco;idGry Services Emergency .'enera :c s I^fd Main DuLfall cif: Statior: Emergency Generator CP -_;7%= jur,e 6, /_0 Addendum #s c ADDITIONS TO SCOPE • Inspection of all underground installation is required by City of Port Arthur Electrical Inspector prior to concrete encasement or back fill. Work practices will conform to the requirements of Standard for Electrical Safety in the Workplace (NFPA 70E). c ANSWERS TO BIDDERS QUESTIONS + Question: Transfer Switches: Load breaker with trip unit. The one -line diagram does not show this at all. Is this required in the transfer switch or just in the lineup somewhere? o Response: Load breaker trip unit is required for Main and Secondary Services at Waste Water Treatment Plant and Main Outfall Lift Stations automatic transfer switches • Question: Transfer Switches: Multi function metering for utility, emergency, load. Is voltage and frequency metering sufficient? Do they want amperage? o Response: Multi function metering minimum requirements for Main and Secondary Services at Waste Water Treatment Plant and Main Outfall Lift Stations to display current, voltage line to line, voltage line to ground, and power parameters. Question: Gensets: Stainless steel exhaust system. Just want to confirm that they exhaust silencer needs to be stainless steel, as well. If the silencer is housed internal to the enclosure, does it still need to be stainless? o Response: Yes, exhaust system is to be stainless steel. Question: Gensets: Generator winding and bearing temp detector. This is typically only used for twp-bearing, form wound generator sets, prime power. Not used for single -bearing, standby units. o Response: Generator winding and bearing temperature detector is required on generators for Main and Secondary Services at Waste Water Treatment Plant and Main Outfall Lift Stations. June 5, 2011 Addendum #1 Page 1 of4 :.stion: Tr e )ne line am pails for a 600 MCM per phase and a 600 MCNi eu­rai ;or 'the utiiit'18 der. The pi ,t pian -iotes call for a 600 MCM pee phasE.:ind a 1 i0 g; -)und :or she atilit,� feeder and no neutra . Please c !-: Jfy. R?spo se: Nastra Wa;:�r 11 eat lent Plant primar/ sF ✓ice plot plan as b­ti�en rev!<wd tri 7atc"­ Jne line diagram. ;'lease se drawin ;. revisions. Question: The � /WTP primary service calls for a 600 MCM per phase and a 10 ground and no neutral. This is throughout both projects. Is this correct? <: Response: Cable sizes have been verified and are correct per this addendum Question: What size is the window unit that is to be install in the 1000 KW Transfer Witch Building. 1 ton o. 2 ton? o Response: The window unit specified for the Main Waste Water Treatment 2000A Automatic Transfer Switch Building is to be capable of supplying a minimum of 10,000BTU cooling capacity, which, is approximately a 1 ton unit. Question: Regarding the floor standing 3 cubicle lineup for incoming utility, incoming emergency, and ATS. Do you have any details as to what you want inside the utility and emergency cubicles: Regarding the utility breaker we would need to know what the utility requirements are for their meter socket CT's and PT's. o Response: Utility incoming section will be included and furnished per specifications and have provisions for mounting Utility supplied donut type CT's and PT's. • Question: Since you are using conduit and conductor feed from the generator set to the ATS and the gen set has a mounted circuit breaker, as shown on the drawing, suggest deleting the emergency cubicle adjacent to the ATS and connecting the emergency generator conductors directly to the ATS emergency source lugs. o Response: Generator incoming section will be included and furnished per specifications. • Question: Specs call for utility, emergency, and load breakers be electrically operated draw out type. o Response: Automatic transfer switch is to be supplied per specification for breaker operation and type. Question: Specs call for an emergency breaker in above items. The drawing shows this breaker on the emergency generator set. Please clarify. June 6, 2011 Addendum #1 Page 2 of 4 Re ponse: Main S(.:,rvice at Waste VP�te, Treatment Plant and Ma n C utfall Li;t Stati�,n aro to be equ peed with utility and load br:::ak .s Secondar, ss vice at',Naste Water Treatment Plant is to c q_.ip_e: with loaf , eaker. F!! generators are to be ec;l_;ip-�ed b,.-.3akers L,cestion u; .' :�r adjustak It time le lays, there is an "Lmergency Engine Fail". This alarm normally comes from the ergine/generator control panel. o Response: Adjus able time delay fur emergency engine fail is required. Question: Line item "Bypass switch manual operation handle". Please clarify if you need a bypass/isolation transfer switch or not. o Response: Automatic transfer switches are to have means of manually operating if automation fails. Question: There are three (3) lines for multi -function metering for; utility, emergency, and load. Metering is connected to the load and provides information for either the normal or emergency power connected to the load. o Response: Multi function metering is required for load side of automatic transfer switches that will include utility and emergency metering. Question: Do you need any communications capability for the multi- function metering ? Do you have any specifications for the metering capability ? C) Response: No communication capability is needed for multi- function metering. Multi function metering minimum requirements for main and secondary services for Waste Water Treatment Plant and Main Outfall Lift Stations to display current, voltage line to line, voltage line to ground, and power parameters. c! REVISIONS TO DRAWINGS Sheet # E1 WWTP Primary Service Overall Plot Plan o Revise leader for WWTP primary service utility duct bank Section U -U ■ Current: #1/OAWG GND IN Changed to: 600 MCM N June 6, 2011 Addendum #1 Page 3 of • She e*# .-7M&jn Liff.-A ',_`Uilding Plan View R � J, e want two (2) lea desfor NEMA 4X S.S. PO X 24"Vil X 207D 36"H X 36"VI! X 30"D • i I Sheet,-' vlc.�in I- -Afall 'P ij]ding Elevation View E -E c Revise quantity t,,V,o (22) leaders for NEMA 4A S.S. PO Box ■ Current: 24"H X 24"W X 20"D ■ Changed to: 36"H X 36"W X 30T • Sheet # E8 Main Outfal! Building Elevation View F -F o Revise leader for NEMA 4X S.S. Pull Box ■ Current: 36"H X 30"W X 20"D ■ Changed to: 36"H X 36"W X 30"D • Sheet # E8 Main Outfall Building Plan View H -H o Revise quantity two (2) leaders for NEMA 4X S.S. Pull Box n Current- 36"H X 30"W X 20"D W Changed to: 36"H X 36"W X 30"D **** End of Document **** June 6, 2011 Addendum #1 Page 4 of 4 n 3 �r A POLE m UTIUTYY FEEDER A m. m > N 0M N� g LC im � a 0 M a p m a n M E m;A m g 'D 'Ma\ r) D, < g m O p< p 1 m zloti yvy 9 n g yy pS � C =� T A Z��ZiS Nps a z; p0 P mm cx \ y �l _ •• �a ON N px 5 of N M 0 X C mNy Z m m OZ c 2 rop { A 00� OD y0 M C D 0DC AO - OSS= z Ofrn-1 bzw m �O' � 1 O c+ mei �yi :T' -r' os Qz x x� Xp Zo'z ego A?` N> �o o°c mD c�5^�� � m �c O � p l o � g$ z' ? 2 � (5} 4•c O—°- I D C7 r- •„ BOO MCM/ a•' x x m m m pp p f\� ; __ ___._. ______________. ____-._�_ _-____—__—� .> C� � � p g O n m #1/0 AWG GND � � � � �1 mQm o ~Op g D D A �DII _U o U)r k. V- • ° -n ;0NZZ m r nmy r / ��`� z 00 cow r ym j yo< j ------J Ag. N C — O 0 m p / i m -zcn OD 00 M CMp BillD_ V p p 0 ^' O ';`l" 0 m m— COMMUNICATION m z C ^ M Ij N AD o 600 MOM /# QQx �oz M, dc AI-- #1/0 AWG ONDID M 5 `z aia iA 110 �< tiSSy O o�oF7� NN ;0 r '�0 ==x2SoCo;n roro»17 mp .L7 0 pm n m r,n wo 00�Oxv p m0 in 0 2 2 S O 00;0 :��; N O j p V V TJ-, g 0 01 aZ •" , g a � O S ^OtD$ Z y OIn •�, zv M V Ri M, NT O c� N�m��ic� .:., M, n Oji _ A ; ONZ C 6� �m �:._` 111 .107 yp n� krCrp y a m m 1; yr• it z Ipi1 0 � N ;0CM M Z ! z::N z O / , -� M0 mrn p z� j<b m v, M o 000 �m'I 000 � N p 2 x°m /, \ m /D p �_� MCC LS — VJ „�-< - -- - - z o m OO G0 �2 Z>mz CO oa 0 Cc T A Amo Dnp moll 00 MCC2 m�o ��z 4 TTO zo mv0 NMo O 00 pm O t` z c n m 0 n Z m C p o v m r O Mao No M m p m �ZG M p p m a M MCC3 �n _ n •D MCC SR $ DEMOLITION OF EXISTING SERVICE ENTRANCE BUS DUCT 20DOA BUS OUTLET - MCC -A 480V, 3#, 3W, 20004, 65 KAIC MCC EE UTILITY - MOC 82 OVERHEAD SERVICE ENTRANCE I DEMOLITION OF w m MCC B3 EXISTING CTS, PTS, U U O AND METER SOCKET i g a 0 WWTP PRIMARY SERVICE EXISTING ONE LINE DIAGRAM AND DEMOLITION Issued �for Addendum #1 PEAK H L H C T H I C A L 1323 PORT NECHES AVENUE PORT NECHES, TX 77651 /� `, (909) 729.2226 QM � 1.iK evil TREE REG. NO. F-10615 MARY AND SECONDARY TORS AIN 0- .0 AND PRIMARY GENERATOR FOR MAN OUTFALLLIFT STATION ® ZN *�7 CITY OF PORT ARTHUR m ARCENEAUX & GATES m m m jtc••••••••........... •••••••c � z 6/6/11 #1 ISSUED FOR ADDENDUM ARCENEAUX Consulting Engineers, Inc. _ veawow x. wwl#oN / �1N ' • •• � , WWTP PRI. PLOT PLAN & ONE LINE GATES Engineers Surveyors Planners m m �'�,�•• 4/Y34 tPt// + ""ISSUED FOR APPROVAL ,ll�t►•��CIMfE�•A Na DACE REMON � Ov. PORT ARTHUR, JEFFERSON COUNTY, TEXAS " `� " 70 sem, or. ro scuF onneN m: � 9oe Nw: ar,-sro mato or. ,e� o6Ea® er. 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'4 CITY OF PORT ARTHUR ' ARCENEAUX ARCENEAUX & GATES m m A i.. *1 9 m I""'"""^""'-'-"""'--•�••/ z &6111 #1 ISSUED FOR ADDENDUM 00 Consulting Engineers, Inc.. z / ve11NON N. 1zARM0z1 / & �+ m !', NY6{ .4yt�'/ 1 3/24171 ISSUED FOR APPROVAL GATES Rngineen Surveyors Planner. 'Mo, �o M. OUTFALL DETAIL -Na 1I;1►a:�CYN6t�0=moi on7e wura er. ,rL PORT ARTHUR, JEFFERSON COUNTY, TEXAS rtswuer =1 rut: Nm ro vu Q0.: Z. I M - � I� a. EXHIBIT C (City of Port Arthur) (Law Department) (Required Form) (7/8/88) (10/5/89) (3/15/90) (9-8-94) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIF. WAND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract") affixed to the attached Proposed City Council Resolution No 16500 is an exact duplicate of an applicable standard form contract (the title of which is shown below) previously approved by the Law department and 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: [X] Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89; 4/28/94 [] Non -Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89; 4/28/94 [ ] Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (§ 10) 7/89/(§8); 10/89; 2/91 (§8) ] Non -Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(§8), 10/89; 2/91(§8) ] CDBG - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (§10), 7/89(§8), 10/89; 2/91 (§8) [ ] Federal - Professional Services - Non -Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§10), 7/89 (§8); 10/89; 2/91 (§8) ] Non -Federal - Professional Services - Non -Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§ 10), 7/89 (§8); 10/89; 2/91 (§8) [ ] CDBG - Professional services - Non -Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§ 10), 7/89 (§8); 10/89; 2/91 (§8) [ ] Other Standard Form Contract, described as follows: The changes are as follows: (Put an "X" in the appropriate [ ]) [ ] None. [X] The following described provisions at the indicated page, section, etc. of the standard form have been deleted from said contract: Page 1 of 3 (p.2 Revised 9/18/90) (Certificate of Standard Form Contract, page 2) DELETIONS Subsection or Page Number Section or Paragraph No. Subparagraph No. and Where Deleted Provision and Caption Which Caption Which Contains Is Found On Standard Contains Provision Provision Deleted From Form Deleted From Form Form None. Description of Provision Deleted [X] The following described provisions at the indicated page, section, etc. of the standard form have been altered, modified, replaced or otherwise changed: ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Page No. § or ¶ No. & Where Caption of Provision Found Standard Form on which Standard Form Contains Provision Section A Standard Form of Standard Form Agreement for Owner -Contractor Section B Advertisement and Invitation for Bids Section C Instruction to Bidders C-9 Section C Sub § or Sub ¶ No. & Caption of Standard Form which Contains Provision Page 2 of 3 Advertisement and Used TDRA Form Invitation for Bids Instructions to Bidders Used TDRA Form Information to Bidders Includes schedule for mandatory pre-bid meeting. Page § & caption sub § & caption, etc. Description of said contract of which contains altered, Provision etc. provision; & in Description of Standard Form Alteration etc. Used TDRA Form Advertisement and Used TDRA Form Invitation for Bids Instructions to Bidders Used TDRA Form Information to Bidders Includes schedule for mandatory pre-bid meeting. p.3 Revised 9,118/90) (Certificate of Standard Form Contract, page 3) [X] The following provisions have been added to Said Contract: Page, Section and Caption Subsection and Caption, etc. of Said Contract Which Contains the Added Provision and Description Thereof Sub § or Sub ¶ No. § or ¶ No. & & Caption of Page No. Where Caption of Standard Standard Form Description of Added to Form which which Contains Addition to Description of Standard Form Contains Addition Addition Standard Form Addition Section H Supplemental Usually blank Used TDRA General Conditions Supplemental General Conditions 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 for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit "D" 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 approving (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution and Contract. Signed this day of u n 12011. Department Mead Page 3 of 3