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HomeMy WebLinkAboutPR 17738: CONTRACT WITH BASCO CONSTRUCTION FOR ARMORY RENOVATIONS PHASE 1 PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Floyd T. Johnson, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #17738 — P. A. Armory Renovations Ph 1— Basco Construction DATE 18 June 2013 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 17738, approving a contract with Basco Construction Inc. for Port Arthur Armory Renovations Phase 1 for the property located at 3451 57 Street for a not to exceed amount of $122,897. BACKGROUND: Last fall, the Texas National Guard released the lease of the armory building located at 3451 57 Street. Since then, the Council approved (in Resolution 12 -164) a grant agreement with the Economic Development Administration (EDA) for the renovation and redevelopment of the property, and authorized (in Resolution 12 -275) a lease of that property with Climate Controlled Containers Manufacturing, LLC. • Based on the requirements of Climate Controlled Containers, Purchasing advertised for bids for renovations to the existing building to provide the improvements as provided for in the EDA grant. Four (4) bids were received on 05 June, with Basco Construction Inc. of Nederland, Texas submitting the lowest in the amount of $122,897. No Port Arthur vendors submitted a bid for this project. BUDGETARY /FISCAL EFFECT: Funding is available in 306 - 1606 - 591.59 -00. EMPLOYEE /STAFF EFFECT: None. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 17738, approving a contract with Basco Construction Inc. for Port Arthur Armory Renovations Phase 1 for the property located at 3451 57 Street for a not to exceed amount of $122,897. e Ross E. Blackketter, P.E. Director of Public Works REB /reb S: \engineer \Documents \EDA Grant - Armory\Basco Const -Armory Renovations Ph 1.docx P.R. 17738 06/18/13 reb RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BASCO CONSTRUCTION INC. OF NEDERLAND, TEXAS FOR PORT ARTHUR ARMORY RENOVATIONS PHASE 1 FOR THE PROPERTY LOCATED AT 3451 57 STREET IN THE NOT TO EXCEED AMOUNT OF $122,897. ACCOUNT 306- 1606- 591.59 -00. WHEREAS, the Texas National Guard has released the lease and vacated the premises of the building owned by the City of Port Arthur and located at 3451 57 Street; and, WHEREAS, in Resolution 12 -164, the Council approved a grant agreement with the Economic Development Administration (EDA) for the renovation and redevelopment of said property at 3451 57 Street; and, WHEREAS, in Resolution 12 -275, the Council approved a lease agreement with Climate Controlled Containers Manufacturing, LLC for the use of said property at 3451 57 Street as a manufacturing facility; and, WHEREAS, Purchasing advertised for bids for Port Arthur Armory Renovations Phase 1 for the property located at 3451 57 Street in accordance with the EDA grant; and, WHEREAS, four (4) bids were received as shown in Exhibit "A ", with Basco Construction Inc. of Nederland, Texas submitting the lowest bid in the not to exceed amount of $122,897; now, therefore, P.R. 17738 Page 2 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 City Manager is hereby authorized to execute a contract with Basco Construction Inc. for Port Arthur Armory Renovations Phase 1 for the property located at 3451 57 Street for a not to exceed amount of $122,897, funding being available in 306 - 1606 - 591.59 -00, said contract being attached hereto and made a part hereof as Exhibit "B "; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2013 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Council members: Noes: Mayor Attest: APPROVED AS TO FORM: //AI Sherri Bellard Valecia Tiz° - • City Secretary City Attorney P.R. 17738 Page 3 APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Floyd T. Johnson Deborah Echols, C.P.A. City Manager Director of Finance _ _ ■ / Ross E. Blackketter, P.E. Shawna Tubbs, CPPO Director of Public Works Purchasing Manager S: \ engineer\ Documents \Resolutions \PR17738.docx EXHIBIT A 1 V Z 'a a) d as ts z H d O as fig _1 d 0 0. csi T m T Q ER N a+ 0 z J V O "a d G CV p N 2 ix } T O N r T U z T Q 0). 0 V z H 0 a) W 0 >. 3 ao 0 m co as I CA Q :i >- Y N co M CO Z co Q ca O N 0 o H z 5 T o as up 1 D t N Q N E V co N a) 0 05 m a" a _1 >" co T ti CO MEM o Q C Cl CD W o Z N 0 ` 0 E L 1 5 L = O N O E 0 o c N ty a r Lo < a a C 2 a O w 0 w c p M 7° - ° H V a 3 a N U "7 M Q R a w 0 ms - w i _' Z Q O Q U m m X Ce O w m ° ` a a p p o a cn z 0 w m 0 0 Q EXHIBIT B CONTRACT FOR: PORT ARTHUR ARMORY RENOVATIONS PHASE 1 LOCATED AT 3451 57 STREET THIS AGREEMENT, made this 9 day of July , 2013, 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 Basco Construction Inc. a(n) Corporation herein acting Individual, firm, partnership, or corporation by and through Irby W. Basco hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for a term of 68 calendar days from the date of execution. 2. 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. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and Contract Documents attached proposal and comply with the terms therein for the prices as stated in the attached bid in the amount of $122,897.00. 4. The term "Contract Documents" means and includes the following: (A) Agreement (B) Invitation to Bid (C) General Information (D) Specifications (not attached to resolution) (E) Bid (F) Bidder's Information Sheet (G) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. S: \engineer \Documents \EDA Grant - Armory\Basco Const -Armory Contract- 13.dooc Page 1 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above. OWNER CONTRACTOR Basco Construction Inc. BY: BY: Floyd T. Johnson Irby W. Basco City Manager President S: \engineer \Documents \EDA Grant - Armory\Basco Const -Armory Contract- 13.docx Page 2 „..., i , , \ ..t 'S /4 ."":` - :., _ ..,, _„,„, 1. , t M III # ”: ,. I. ! f , 'V J �i Any �' 4 � I r I ,,Am,', *, � 4f #'' g t + i# k . ....... _L - mot 7i - ..... c` �f ? IL - i • Port Arthur Armory Renovation PORT ARTHUR, TEXAS BRW PROJECT NO. 213045.00 May 13, 2013 CITY OF PORT ARTHUR OWNER 444 4TH STREET PORT ARTHUR, TEXAS 77641 -1089 r '` �i ," •6)Y r'ttt' � yy4 44 � +, : •mot! ,� `; W 6, , 7 BROWN REYNOLDS WATFORD ARCHITECTS, INC. 1 , ` ; *- A o c , 0 ARCHITECT 2700 EARL RUDDER FWAY SOUTH, SUITE 2900 NOT F Ri - . .tf T� ti ) N COLLEGE STATION, TEXAS 77845 S; Rif, r (979) 694 -1791, FAX (979) 694 -8293 1 � q 9 2 4 1 -! . p p t 1 05/13/2013 4 ",.... 4 .. '' , HIRSCH & ASSOCIATES, INC. 1 '?` "!r4�►"'=* y' IONME /ELECTRICAL / 6161 SAVOY DRIVE, SUITE 1135 "f / PLUMBING / +� M. F. HIRSCH I HOUSTON, TEXAS 77036 5 ENGINEER 816th 1 4. I . � � :.... ....,N .r 05/08/13 DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON WILLIE "BAE" LEWIS, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of x SHERRI BELLARD \ CITY SECRETARY RAYMOND SCOTT, JR. } ' ELIZABETH SEGLER 1 10.1 MORRIS ALBRIGHT HI �, h VAL TIZENO HAROLD L. DOUCET, SR CITY ATTORNEY ROBERT E. WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS MAY 13, 2013 INVITATION TO BID Port Arthur Armory Renovation Phase 1 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 5, 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, June 5, 2013 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Port Arthur Armory Renovation Phase 1 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 and Scope of Work should be directed in writing to: Brown Reynolds Watford Architects, Inc. Nicole Story, Project Coordinator 2700 Earl Rudder Freeway South, Suite 4000 College Station, TX 77845 nstory@brwarch.com telephone: (979) 694 — 1791. fax: (979) 694 - 8293 Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street' 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 the Armory Renovations Phase 1 will be held on Thursday May 23, 2013 at 2:00 p.m. in the 5 floor conference room at Port Arthur City Hall, 444 4 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, Brown Reynolds Watford Architects Inc., 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 Mandato ry Pre -Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 14 INVITATION TO BID PORT ARTHUR ARMORY RENOVATION PHASE 1 (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 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: ort IAliTs? I mom J' eno , a ion Il BID DUE DATE: 'J'une75tr241l3 QUANTITY DESCRIPTION UNIT COST TOTAL COST COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 5 of 14 BID OPENING DATE: gun 2013. CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY /STATE /ZIP TAX IDENTIFICATION NUMBER Page 6 of 14 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: I 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. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 7 of 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity 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 business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. 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 filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe 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 8 of 14 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 9 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 Brown Reynolds Watford Architects, g Y Inc. Every request for such interpretation should be in writing addressed to Brown Reynolds Watford Architects, 2700 Earl Rudder Freeway South, Suite #4000, College Station, Texas 77845 and to be given consideration must be received at least 72 hours prior to the time fixed for the opening of bids. Questions may also be emailed to Nicole Story at nstoryabrwarch.com or faxed to (979) 694 -8293. Any and all such interpretations and any supplemental instructions which, if issued, will be posted on the web and all prospective bidders will be notified. The City and Architect 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.: Public Works P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, 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. Page 10 of 14 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. 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. Page 11 of 14 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 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. EXPERIENCE & CAPABILITY: Successful bidder may be required to submit the following information to describe the experience and capability factors of the company: 1. Number of years in operation. 2. Largest project currently in effect with a business. 3. Number of employees currently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by your company. 5. Be otherwise qualified and eligible to receive an award. 6. Other companies that you contracted with. 7. If a company wants to receive the award for more than one group, the company must show that it has the equipment and employees to handle more than one group. 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 Page 12 of 14 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 $1.00,000 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. 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's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary ) g g ry to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 13 of 14 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100 %) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 14 of 14 BR // , 1;/ i�: =5� BROWN REYNOLDS WATFORD + ARCHITECTS 1 E. • WA/. !At ,^� x} 2700 EARL RUDDER FWY. S. /) \ C'i; SUITE 4000 COLLEGE STATION, TEXAS 77845 979 - 694 -1791 FAX 694 -8293 WWW.BRWARCH.COM 5/30/2013 ADDENDUM NO. 1 PORT ARTHUR ARMORY BUILDING RENOVATION PHASE 1 PORT ARTHUR, TEXAS DATE: May 30, 2013 BRW PROJECT NO: 213045.00 The Construction Documents on the above referenced project, dated 05/13/2013, shall be revised as follows: DRAWINGS Item No.1 (RE: Invitation to Bid) General Information. The following has been added: LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5 %) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Govemment Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100 %) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. WAGES & SALARIES: Attention is particularly called to the requirement of not paying Tess than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Item No.2 (RE: Sheet T1.1) Revise the Index of Drawings to add the following: " A8.1 - Door Schedule, A8.2 - Door Types, A8.3 - Head Detail, A8.4 - Jamb Detail, A8.5 - Sill Detail, A8.6 - Head Detail, A8.7 - Jamb Detail, A8.8 - Head and Jamb Detail " Item No.3 (RE: Sheet T1.1) Revise the Index of Drawings to remove the following: " E1.2 - Second Floor Electrical Plan " Item No.4 (RE: Drawing Sheets) Add sheets A8.1, A8.2, A8.3, A8.4, A8.5, A8.6, A8.7, A8.8 to the construction documents. RE: as attached. Item No.5 (RE: Sheet A5.1) 1st Floor Reflected Ceiling Plan 1. Revise the reflected ceiling plan as per AD 1.01 attached. SPECIFICATIONS Item No.6 (RE: Specifications Division 00) Revise Specification Section 000150, List of Drawings as per Specification Section 000150 attached. Item No.7 (RE: Specifications Division 00) Specification Section 000820. Remove paragraph 1.07 "Construction Cameras" from the section. Item No.8 (RE: Specifications Division 01) Specification Section 017419. Remove "Construction Waste Management and Disposal' from the specifications. Item No.9 (RE: Specifications Division 01) Specification Section 017900. Remove paragraph 3.03 "Demonstration and Training Videos" from the section. Item No.10 (RE: Specifications Division 08) Specification Section 084113, add 2.08 as follows: " 2.08 Exterior Entrances A. Kawneer Company Inc. Series: 350IR Entrance The door stile and rail face dimensions of the 350IR entrance door will be as follows: 1. Door: 350 2.Vertical Stiles: 6" 3. Top Rail: 6" 4. Bottom Rail: 10" B. Major portions of the door members to be 0.125" nominal in thickness and glazing molding to be 0.05" thick. C. Glazing gaskets shall be either EPDM elastomeric extrusions or a thermoplastic elastomer. Structural silicone sealant to be Dow Corning 983, 995, or Tremco Proglaze SSG." CLARIFICATIONS Item No.11 Modifications to the restrooms are in Phase 2 of the project. Attachments: AD1.01, A8.1, A8.2, A8.3, A8.4, A8.5, A8.6, A8.7, A8.8, Specification Section 000150, Pre -Bid Meeting Agenda (dated 05 -23- 2013), List of Attendees of Pre -Bid Meeting (dated 05 -23 -2013) END OF ADDENDUM NO. 1********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** B RW /0 "' BROWN REYNOLDS WATFORD - -Z ARCHITECTS E - • Wql ,-)t " % 2700 EARL RUDDER FWY. S. I ++ � c+ i ce' COLLEGE 979-694-1791 S STATION, TEXAS 77845 FAX 694 -8293 WWW.BRWARCH.COM 6/03/2013 ADDENDUM NO. 2 PORT ARTHUR ARMORY BUILDING RENOVATION PHASE 1 PORT ARTHUR, TEXAS DATE: June 3, 2013 BRW PROJECT NO: 213045.00 The Construction Documents on the above referenced project, dated 05/13/2013, shall be revised as follows: SPECIFICATIONS Item No.1 (RE: Invitation to Bid) General Information. Revise "City of Port Arthur, Texas Bid Sheet" as attached. Item No.2 (RE: Invitation to Bid) General Information. The following has been added: CONTRACT PAYMENT RETAINAGE: City will hold 5% retainage. Attachments: City of Port Arthur Texas Bid Sheet END OF ADDENDUM NO. 2********* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Port Arthur Armory Renovation Phase 1 BID DUE DATE: June 5, 2013 DESCRIPTION TOTAL COST Port Arthur Armory Renovation Phase 1 $ Work will be complete in calendar days. � I COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO EMAIL FAX NO. CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Port Arthur Armory Renovation Phase 1 BID DUE DATE: June 5, 2013 DESCRIPTION TOTAL COST Port Arthur Armory Renovation Phase 1 $ 122, 897.00 Work will be complete in 68 calendar days. Basco Construction Inc. 1120 Hwy 69 North COMPANY NAME STREET ADDRESS 1025 SIG OF BIDDER P.O. BOX Irby W. Basco Nederland, Texas 77627 PRINT OR TYPE NAME CITY STATE ZIP President 409 - 722 -4434 TITLE AREA CODE TELEPHONE NO BCI1025 @aol.com 409 - 722 -6428 EMAIL FAX NO. 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: g I 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. Basco Construction Inc. June 5, 2013 Firm me Date President uthorized 'gnature Title Irby W. Basco 409 - 722 - 4434 Name (please print) Telephone Irbybasco @aol.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Irby W. Basco on this the 5 day of June 20 13 . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 7 of 14 MERCHA[ T BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Catherine Sue Moss, Binnie B. Stevison, Douglas N. McElveen, George A. McElveen, Jr., J. Cory Williams, Molly Painter of Lake Charles and State of Louisiana their true and lawful Attomey -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SIX MILLION ($6,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of March , 2013 . .,` �AC�O hf4� •• ; • �1 O � N ,,, ••• . • MERCHANTS BONDING COMPANY (MUTUAL) � y' 4 p4ORg • �p : 44 ..0 0 9 .1 MERCHANTS NATIONAL BONDING, INC. •-•; te r— -o- m o Zi 2003 �i. • � 1933 c • By 67 ,Ze.,z 7 7 •• STATE OF IOWA •fl' ..•.. '-c •• COUNTY OF POLK ss. �,,• ",,,,,,• " "," President On this 1st day of March , 2013 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT ,d' T t c C ommission Num 7 70312 My Commission Expires ON. October28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of June , 2013 . ,"uu,"• ....... _0_ tits •f •— -o- o: ,. 2003 .n • �' 1933 Secretary . = • ti • : c ' . ; ti. • POA 0014 (11111) : a"yy '.... . ••••••C � • � W ' ' 1'�: ...... • CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity 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 business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator f the local governmental entity not later than the 7 business day after the date the person becomes aware of facts that require the s tement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly iolates Sectio 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. P 1. Name of person who has a busihe• relationshi with local go entity. 2. Check this box if you a e fili : an upda . to a previo ly filed questionnaire. (The law requires that yqu file a updated completed q stionnaire with the appropriate filing authority not later than 7th business day after t date the irigina ly filed quest onnaire becomes incomplete or inaccurate.) 3. Name of a local government fficer with o filer has e ployment or business relationship. Name of Offi • • r V This section (item 3 including bparts A, B, C, & D) must b: completed for each officer with whom the filer has an employment or other business relationship a defined by Section 176.001 -a), Local Gove ent . ode. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this sectio receiving or li el to recei .e taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the g uestionnaire receiving or likel to receive tax. 61 income, other than investment income, from or at the q direction of the local government officer named i this section A II the taxable int. me is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a c f rporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds .t ownership of 10 percent or more? Yes No D. Describe 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 8 of 14 BID OPENING DATE: June 5, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY Basco Construction Inc. ADDRESS P • 0. Box 1025 Nederland, Texas 77627 CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY Basco Construction Inc ADDRESS P.O. Box 1025 Nederland, Texas 77627 CITY /STATE /ZIP TAX IDENTIFICATION NUMBER 76- 0295060 Page 6 of 14 L