HomeMy WebLinkAboutPR 17556: CONTRACT WITH BYRDSON SERVICE FOR CONSTRUCTION OF PARKING LOT AT SSGT LUCIAN ADAMS PARK P. R. # 17556
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RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 12 -530, AWARDING A CONTRACT
TO BYRDSON SERVICE D /B /A EXCELLO CONSTRUCTION OF BEAUMONT, TEXAS
IN ITS ENTIRETY AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT FOR THE CONSTRUCTION OF A PARKING LOT AT SSGT. LUCIAN
ADAMS PARK WITH APAC - TEXAS, INC. OF BEAUMONT, TEXAS IN AN AMOUNT
NOT TO EXCEED $47,627.90; FUNDING AVAILABLE IN ACCOUNT NO. ED2013 -103
WHEREAS, on October 30, 2012, the City Council awarded a contract for the
construction of a parking lot at SSgt. Lucian Adams Park to Byrdson Service D /B /A Excello
Construction of Beaumont, Texas in the amount of $12,556 pursuant to Resolution No. 12 -530;
and,
WHEREAS, based on the recommendations from the Director of Public Works and staff,
it was determined that the original specifications for the parking lot needed to be modified; and,
WHEREAS, the Purchasing Division and Department of Parks and Recreation staff
recommend the City Council rescind the contract for the construction of a parking at SSgt.
Lucian Adams Park with Byrdson Service D /B /A Excello Construction of Beaumont, Texas in
the amount of $12,556; and,
WHEREAS, quotes were solicited and received from twelve (12) vendors on February
20, 2013 (quotes are attached as Exhibit "A "); and,
WHEREAS, Apac- Texas, Inc. of Beaumont, Texas was the lowest bidder that met all the
requirements; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the City Council hereby rescinds Resolution No. 12 -530 in its entirety
which awarded a contract for the construction of a parking lot at SSgt. Lucian Adams Park with
Byrdson Service D /B /A Exello Construction of Beaumont, Texas in the amount of $12,556.
Section 2. That the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City of Port Arthur a contract, in substantially the same form
P. R. # 17556
05/15/13 ca
as attached hereto as Exhibit `B ", between the City of Port Arthur and Apac- Texas, Inc. of
Beaumont, Texas in an amount not to exceed $47,627.90 for the construction of the parking lot
approximate to the softball field complex at SSgt. Lucian Adams Park.
Section 3. 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., 2013,
at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Deloris "Bobbie" Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Va,e j •
Val Tizeno, Esq.
City Attorney
P. R. # 17556
05/15/13 ca
APPROVED AS TO ADMINISTRATION:
Floyd T. Johnson
City Manager
.
Albert T. - .gpen, IPMA -CP, CAS, CPS
Director of Parks and Recreation
APPROVED AS TO THE AVAILABILITY OF FUNDS AND PROCUREMENT:
/ .r
♦�� . is ��I. i ,. �. 07( -J
Deborah Echols, CPA Shawna Tubbs, CP'PO, CPPB
Director of Finance Purchasing Manager
110- 581,5?-05
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EXHIBIT B
CONTRACT FOR THE CONSTRUCTION OF THE PARKING LOT AT
SSGT. LUCIAN ADAMS PARK
THIS AGREEMENT, made this day of , 2012 by and between the
City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,
hereinafter called "OWNER" or "CITY" and Apac -Texas, Inc. a corporation herein acting by and
through Scott Blanchard hereinafter called "CONTRACTOR"
WITNESSETH: That for and in consideration of the payments, terms, conditions, and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be twenty (20) days from the issuance of the Notice to
Proceed.
2. The Contractor will perform the construction of the parking lot at SSgt. Lucian Adams Park
as stated in the quote. No work is to begin prior to the Notice to Proceed.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The Contractor will perform all site work necessary, and appropriate, to ensure proper
leveling, sloping, and winging of the parking lot to provide for proper vehicle movement to
and from street to parking lot, drainage, and aesthetics.
5. The Contractor agrees to perform all the work described in the specifications and quote
attached hereto as Exhibit "A" and contract documents and to comply with the terms therein
for cost of $47,627.90.
6. The term "Contract Documents" means and includes the following:
1) Agreement
2) Quote with Specifications
3) Notice of Award
4) Notice to Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an
original on the date first above written.
Signed on the day of 2013
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of 2013
ATTEST APAC - TEXAS, INC.
BY
CITY SECRETARY
; :t CITY OF PORT ARTHUR, TEXAS
7.4, ,ill, ADDENDUM NO. ONE (1) ORIGINAL
stm February 13, 2013
Bid Proposal For Construcdon of Parldng Lot it Adams Park
The following clarifications, amendments, deletions, additions, revision andlor 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 . BIRDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
L Existing culvert shall not be reset
2. No compaction test required for subgrade or surface construction material. However,
contractor shall submit a copy of the receipt of the material delivered to the site.
3. Silt fence shall.be installed along the south side top bank of the ditch, not
circumferential. However, the Municipal Separate Storm Sewer System (MS4) is a living
document and upgrading will be enforced if necessary. This item is subsidiary to Item 1:
Excavation
4. Replace the Sketch in the Bid Package with the attached Revised Sketch,
5. Contractor will drop the excavated dirt across the street at the soccer fields.
6. Replace the Bid Sheet in the Bid Package with the attached Revised Bid Sheet.
If you have any questions, please contact the Purchasing Division at 409-983 -8160.
NO.17: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR 8ID DOCUMENTS.
Shiwna Tubbs, CPPO, C4P8
Purchasin anager /et/
February 20, 2013
Signatureo Proposer Scott Blanchard, Date
Asst. Secretary
DELORIS "BOBBIE" PRINCE, MAYOR 1 FLOYD T. JOHNSON
WILLIE "BAE" LEWIS, MAYOR PRO TEM �( CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD
) RAYMOND SCOTT, JR. 4) CITY SECRETARY
ELIZABETH SEGLER ��
1`
MORRIS ALBRIGHT III O r t rth a r " VAL TIZENO
HAROLD L. DOUCET, SR. CITY ATTORNEY
ROBERT E. WILLIAMSON Texas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
JANUARY 31, 2013
INVITATION TO BID
Construction of Parking Lot at Adams Park
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, February 20, 2013. (The clock located in the City Secretary's office
will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February
20, 2013 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: Parking Lot
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4 Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
cwilliams@portarthur.net
Questions concerning the Scope of Work should be directed in writing to:
City of Port Arthur, TX
Butch Hass, Senior Inspector
P.O. Box 1089
Port Arthur, TX 77641
butch @portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPB
P.O. Box 10891444 4th Street 1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in
a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING
DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal
arrives at the above location by specified deadline regardless of delivery method chosen by the firm.
Faxed or electronically transmitted ITB submittals will not be accepted.
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
Page 2 of 14
MANDATORY
PRE -BID CONFERENCE
A Mandatory Pre - Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Construction of Parking Lot at Adams Park will be held on Tuesday,
February 12, 2013 at 10:00 a.m. at City Hall 5 Floor Conference Room located at 444 4th
Street, Port Arthur, Texas.
The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is fully
understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve
any problems that may affect the project construction. No addendum will be issued at this meeting, but
subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the
intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre -Bid
Conference will be rejected and returned unopened to the bidder.
Page 3of14
INVITATION TO BID
CONSTRUCTION OF PARKING LOT AT ADAMS PARK
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated
upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the
reason(s). Your assistance in completing and returning this form in an envelope marked with the
enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity /service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments /Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 4 of 14
SCOPE OF WORK FOR A PARKING LOT AT THE S /SGT. LUCIAN ADAMS PARK IN
PORT ARTHUR, TEXAS
The specifications described below are referenced from the Texas Standard Specifications for
Construction and Maintenance of Highways, Streets and Bridges, 2004 and the City of Port
Arthur, Texas Standard Details.
1.0 Contractor shall excavate soil material to a depth of approximately 1 foot within the
constructed area. All excavated soil material shall be sent to the City of Port Arthur Landfill.
Avoid damaging concrete that will remain in place.
2.0 Place the cement stabilized sand material at 6 inches depth compacted. Cement stabilized sand
shall consist of 1.5 sack cement per cubic yard.
3.0 Concrete shall be 6 inches deep and shall have 28 day strength of 3000 psi. New pavement will
be doweled into existing concrete and constructed with an expansion joint tie -in. Contraction
joints shall be spaced 15 feet on center with a saw cut depth of 2 '/2 inches. Expansion joints
shall be installed at 60 feet on center with redwood and #5 smooth dowel bars with sleeves
spaced 18 inches on center. Wire mesh shall be 6 in x 6 in — #6 gauge with a 1 foot overlap.
Concrete surface shall be broom finished. Parking Area shall be constructed to drain at a
constant slope toward the roadway, slope shall conform to the general slope of the existing
ground.
4.0 Parking stalls shall be 9 feet wide and 18 feet deep. Stripe next to ADA Parking shall be
yellow. All other striping shall be white. Striping shall be Type II Traffic Paint in accordance
to the TXDOT Standard Specifications Item 666.
5.0 There shall be 8 inches flexible limestone base placed at the driveway tie -in and compacted.
Place Type "D" - HMAC at 1.5 inches thick as specified in the sketch for the driveway tie -in
surface.
6.0 Liquidated damages of $150 per day.
Page 5 of 14
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Construction of Parking Lot at Adams Parts
BID DUE DATE: February 20. 2011
Description Unit Unit Price Quantity Amount
Item 1: Excavation CY S 2 C ° 0 290 $ 1 i S • pO
Item 2: Cement Stab. Sand CY $ 7 -I •
' 142 $ (e 5 e • o v
.° a
Item 3: Limestone TON $ 1 a. 7.2 $ St. 1 . 4
Item 4: HMAC Type "D" TON $ 4 o °°
" 1.32 $ . 1 ` 4 . °
Item 5: 4' W Std. Stripe LF $ 0 . coo 37$ $ "2.2(... S o
Item 6: Concrete Pay_ 6" SF $ T. ( 7,650 $ ' 141 '
TOTAL RID (Turn Key) $ Li i 421 . `{ U
Work will be complete M 2. 0 calendar days.
APAC - Texas, Inc. 12907 US Hwy 90 (77713)
COM Y NAME STREET ADDRESS
i PO BOX 20779 (77720 - 0779)
SI ATUI{E OF BIDDER P.O. BOX
Scott Blanchard Beaumont, TX
PRINT OR TYPE NAME CITY STATE ZIP
Asst. Secretary 409- 866 -1444
TITLE AREA CODE TELEPHONE NO
snblanchard @apac.com 409 - 866 - 1032
EMAIL FAX NO.
Page6ofl4
BID OPENING DATE: February 20. 2013
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDEN
Bidders are requested to fumish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER, as indicated below:
REMIT PAYMENT TO:
COMPANY APAC- Texas, Inc.
ADDRESS PO BOX 20779
CITY /STATE/ZIP Beaumont, TX 77720 -0779
SEND PURCHASE ORDER TO:
COMPANY APAC- Texas , Inc .
ADDRESS PO BOX 20779
CITY /STATE /ZIP Beaumont, TX 77720 -0779
TAX IDENTIFICATION NUMBER 58 1401466
Page 7oft4
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
xxx [ hereby certify that I do not have outstanding debts with the City of Port Arthur. I further
agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become
due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to
enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they
become due.
APAC- Texas, Inc. February 20, 2013
Firm me Date
Assistant Secretary
A horized ignature Title
Scott Blanchard 409 - 866 -1444
Name (please print) Telephone
snblanchard@apac.com
Email
STATE: Texas
COUNTY: Jefferson
SUBSCRIBED AND SWORN to before me by the above named Scott Blanchard
on this the 20th day of February , 20 13
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
r
na,
.� a : "�`t MELISSA MCKAGUE
L'$' . Notary Public, State of Texas
My Commission Expires
��'' 1 m;; June 14, 2016
I
Page 8 of t4
CONFLICT OF INTEREST QUESTIONNAIRE FORM C
For Vendor or other person doing business with local governmental endty
This questionnaire reflects changes made to the law by H.B. 1491, 80"' Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a . iness relationship
as defined by Section 176.001 (1-a) with a local governmental entity and the person meets requirements under S • •n 176.006 (a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not la than the 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176 6, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Governme ode. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. ❑ Check this box if you are filing an update to a previously Rled quests. . airs
(The law requires that you file an updated completed questionnaire the appropriate filing authority not later than
7 business day after the date the originally filed questionnaire • •. mes incomplete or inaccurate.)
3. Name of a local government officer with whom filer h employ nt or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) .e co for each officer with whom the filer has an employment
or other business relationship as defined by Section 17. 11 (1- Lo Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named i , is section receiving or likely to receive taxable income, other than investment
income, from the filer of the question re?
Yes 1 1 No
B. Is the filer of the questionn. ' receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local goy meet officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes F, No
C. Is the filer o is questionnaire employed by a corporation or other business entity with respect to which the local government
Officer se, as an officer or director, or holds an ownership of 10 percent or more?
Yes 111 No
D. ► ; ribe each employment or business relationship with the local government officer named in this section.
4
Signature of person doing business with the governmental entity Date
Page 9 of 14
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GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the
best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
Page 10 of 14
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit
any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be
rejected. It is the vendor's responsibility to check for any addendums that might have been issued
before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel) in Port Arthur, the principal storage place or facility for the equipment
shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port
Arthur or such other definition or interpretation as is provided by state law. Contractors outside the
City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Parks & Rec
Department 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, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days
from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall 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.
Page 11 of 14
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.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which may be considered more 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 to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
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terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount
of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub - contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or
permit any sub - contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and /or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person /$500,000 per occurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
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4'
3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired
vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor insurance company or insurance agent to fill in all information
required (including names of in.srance agency, contractor and insurance companies, and policy
numbers, effective dates and expir2ion dates) and to date and sign and do all other things necessary to
complete and make into valid certicates of insurance and pertaining to the above listed items, and
before commencing any of the wk and within the time otherwise specified, Contractor shall file
completed certificates of insuranceith the Owner.
None of the provisions in said ceicate of insurance should be altered or modified in any respect
except as herein expressly authori Said CERTIFICATE OF INSURANCE Form should contain a
Provision that coverage afforded Dr the policies will not be altered, modified or canceled unless at
least fifteen (15) days prior writtotice has been given to the City of Port Arthur. Contractor shall
also file with the City of Port ArValid CERTIFICATE OF INSURANCE on like form from or for
all Subcontractors and showing nbcontrac (s) as the Insured. Said completed CERTIFICATE
OF INSURANCE Form (s) shal y event be filed with the City of Port Arthur not more than ten
(10) days after execution of this :act.
NOTIC TO PROCEED N) Proceed shall be issued within ten (10) days of the execution of
t Contract by OWNER• Shor bbe any reasons why Notice to Proceed cannot be issued within
such period, the time may be el Y mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGE Contractor must have a working cell phone or pager available
Monday through Friday frog m to 5:00 p.m. so that the City will be able to contact the
contractor.
PERFOR AND 41T BOND UIR
REQEMENTS Per Government Code Chapter
fifty thousand dollars ($50,000) a payment bond is required. If the
2253. Bonds. If the con tras
contrac exceeds one housand dollars ($100,000) a performance bond is required.
Performance and P one enall be furnished on prescribed forms in the amount of one hundred
percent (100 %) of the co with corporate surety duly authorized to do business in the State
of Texas. Attorneys-in-gn Bonds must file with each bond a certified and effective date
copy of their Power of A
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