HomeMy WebLinkAboutPR 13674:ZAHARIAS GOLF COURSE City of Port Arthur
MEMORANDUM
TO: Stephen B. Fitzgibbons, City Manager DATE: 08/17/06
FROM: Dr. Albert T. Thigpen, Interim Director of Parks and Recreation .
RE: Adoption of Proposed Resolution 13674 Which Authorizes the City Manager to Enter Into an
Agreement for the Provision and Installation of a Maintenance Building [Pre-fabricated] at the
Babe Zaharias Memorial Golf Course and Authorizes Change Order Number 1 to Said
Agreement to Provide for the Building's Foundation
COMMENT
Recommendation
I recommend the adoption of Proposed Resolution No. 13674 which authorizes the City
Manager to enter into an agreement for the provision and installation of a Maintenance
Building [Pre-fabricated] at the Babe Zaharias Memorial Golf Course and authorizes Change
Order Number 1 to said agreement to provide for the building's foundation. The cost of the
provision and installation of the pre-fabricated building is $132,932, the cost of Change Order
Number One to provide the building's foundation is $ 32,890, for a total project cost of
$165,822.
Background:
The city of Port Arthur was the site of the landfall of Hurricane Rita. The Maintenance
Building at the Babe Zaharlas Memorial Golf Course was completely destroyed by said storm.
The Maintenance Building is a multi-functional building providing not only space for
equipment maintenance (e.g. tractor repair, golf cart repair/maintenance, etc.), but also office
area for maintenance personnel.
Staff having carefully reviewed the use of the building and golf course needs has determined
the most cost effective method for the replacement of the previous building was to use a pre-
fabricated metal building which would be placed on the existing site. The bid as shown is
"turnkey" and ~vill include all electrical, plumbing, and f'mish work to allow occupation of the
building.
At the pre-bid conference it was determined that the existing foundation would not be sufficient
for the appropriate support of the new building. Specifications for the foundation were
developed by Neches Engineering, Inc. and provided to Lange Brothers, Inc. The company's
proposal, upon review by star was deemed reasonable and appropriate; therefore, is
recommended as Change Order Number One, in the amount of $ 32,890, to complete the
project. The total project cost is $165,822.
P. R. 13674
Babe Zaharias Golf Course Maintenance Bldg.
Page 2
Budgetary/Fiscal Effect:
Adoption of this resolution would result in the appropriation of an amount not to exceed
$165,822 [$132,932 - building provision and installation, $ 32,890 - demolition and removal
of existing slab and installation of a slab per engineering specifications for the pre-fabricated
building]. Funds are available for this purpose. [Project HRBABE 123-2300-901.89-00]
Employee/Stalling Effect:
No anticipated effect on staff'mg levels.
Summary:
I recommend the adoption of Proposed Resolution No. 13674 which authorizes the City
Manager to enter into an agreement for the provision and installation of a Maintenance
Building [Pre-fabricated] at the Babe Zaharias Memorial Golf Course and authorizes Change
Order Number 1 to said agreement to provide for the building's foundation. The cost of the
provision and installation of the pre-fabricated building is $132.932. the cost of Change Order
Number One to provide the building's foundation is $ 32,890, for a tota/ project cost of
$165.822,
P. R. No. 13674
08/25/06 MTS
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER 1NTO AN AGREEMENT FOR PROVISION
AND INSTALLATION OF A MAINTENANCE BUILDING
LOCATED AT THE BABE ZAHARIAS MEMORIAL GOLF
COURSE, TO LANGE BROTHERS, INC., OF PORT
ARTHUR, TEXAS FOR AN AMOUNT NOT TO EXCEED
$132,932 AND APPROVING CHANGE ORDER NO. 1 IN
THE AMOUNT OF $32,890
WHEREAS, the maintenance building at Babe Zaharias Memorial GoIf Course was
destroyed by Hurricane Rita; and,
WHEREAS, the damage to this building requires necessary repairs; and,
WHEREAS, the City advertised in the Port Arthur News on June 4, 2006, and June 11,
2006, for said repairs; and,
WHEREAS, Lange Brothers, Inc. was the lowest responsible bidder for the work
required at the golf course maintenance building; and,
WHEREAS, the City Council deems it is in the best interest of the City to approve the
bid from Lange Brothers, Inc., Port Arthur, Texas in the amount of $132,932 to provide a new
maintenance building at Babe Zaharias Memorial Gold Course; and,
WHEREAS, the warranty will be for one (1) year on materials and labor,
WHEREAS replacement of the entire foundation was not a part of the original
specifications that was bid and
WHEREAS, it is now deemed necessary to replace the entire foundation and
WHEREAS, Lange Brothers, Inc. has agreed to a Change Order No. 1 in the amount of
$32,890 to provide labor and equipment to demolish the existing foundation, remove the debris
and build a new foundation with the City providing materials
WHEREAS, the City has other existing contracts that have been bid wherein the City
can obtain materials
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are tree and correct.
Section 2. That the City Council hereby authorizes the City Manager to enter into an
agreement with Lange Brothers, Inc. for the provision and installation of a new maintenance
building at Babe Zaharias Gold Course, in substantially the same form as described in Exhibit
"A" for $132,932 and also approves Change Order No. 1 attached hereto in Exhibit B in the
amount of $32,890.
Section 3. The Lange Brothers, Inc. shall also sign this Resolution agreeing to
complete the project within 160 calendar days (weather permitting), as denoted in Exhibit "B"
with liquidated damages being $100 per day if it is not timely completed..
Section 4. 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 2006,
AD, at a Regular Meeting of the City Council of the City of Port Arthur. Texas by the following
AYES: Mayor:
Councilmembers:
NOES:
Mayor Oscar Ortiz
ATTEST:
Evangeline "Van" Green. City Secretary
APPI~OVEp ~.S TO FORM:
Mark Sok6low~City Attomey
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
Rebecca Underhill. Director of Finance
AGREED TO:
LANGE BROTHERS
BY:
POSITION:
DATE:
Exhibit
~ A99
CONSTRUCTION CONTRACT
AGREEMENT
[Non-Federally Funded Projects]
THIS AGREEMENT, made this 29th day of August, 2006, 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 Lange Brothers, Inc. a(n) corporation, herein acting by and
through Ronnie Lange hereinafter called "CONTRACTOR".
WITNESSEIH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The CONTRACTOR will commence and complete the repair of the Maintenance Building
at Babe Zaharias Memorial Golf Course.
2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools,
equipment, labor and other services necessary for the construction and completion of the
Project described herein.
3. The CONTRACTOR will commence the work required by the Contract Documents on or
before a date to be specified in the Notice to Proceed and will complete the same within
t 60 (one hundred sixty) consecutive calendar days (weather permitting) as specified in the
Notice to Proceed, including, but not limited to. all Saturdays, Sundays and Federal, State,
and City holidays unless the period for completion is extended otherwise by the Contract
Documents.
4. The CONTRACTOR agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for the sum of One Hundred Thirty Two
Thousand Nine Hundred Thirty Two ($132,932.00) Dollars, or as shown in the Bid
Schedule.
5. The term "CONTRACT DOCUMENTS" means and includes the following:
(A) Agreement
(B) Advertisemer~t for BIDS
(C) Information for BIDDERS
(D) BID - Proposal dated Nay 4, 2006
(E) BID BOND
(F) General CondiUons
(G) Wage Decision
(}t) Supplemental General Conditions
(I) Payment Bond
(J) Performance Bond
(K) Notice of Award - Resolution approving the agreement
(L) Notice t~ Proceed
(M) Change Order One for $32,890 for foundation
(bO Drawings prepared by . City Numbered through
, dated
(0) Spedfications prepared or issued by City of Port Arthur.
(P) Addenda:
No. 1 , dated__June 19 ,2006.
No. 2 , dated__June 26 ,2006.
No. 3 , dated July 3 ,2006.
No. 4 , dated__July 3 ,2006.
No. ) dated ,19
Information as to cart barn building not applicable.
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in
the General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the PaCdes hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original
on the date first above written.
APPROVED IN FORM: OWNER:
CITY OF PORT ARTHUR, TEXAS
CITY AI'fORNEY
TITLE CITY MANAGER
CONTRACTOR: Lange Brothers, Inc.
BY
NAME
ADDRESS ATTEST:
NAME
TITLE CITY SECRETARY
[CORFORATE SEAL]
ATTEST:
NAME:
CITY OF PORT ARTHU1L TEXAS
ADVERTISEMENT FOR BIDS
NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,
will be received at the Office of the City Secretary, City Hail 444-4th Street or P. O. Box
1089, Port Arthur. Texas 7764l no later than 3:00 P. M., June 21, 2006 and all bids
received will thereafter be opened and read aloud in the City Council Chambers, 5th
Floor, City Hall Port Arthur. q;exas for certain services briefly described as:
PROVIDE AND LNSTALL STEEL MAINTENANCE BUILDING A'I BABE
ZAHARIAS MEMORIAL GOLF COURSE
REPAIR CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF
COURSE
MANDATORY PRE-BID MEETING IS SCHEDULED FOR 10:00 A. M. JUNE
13, 2006, AT BABE ZAHARIAS MEMORIAL GOLF COURSE
Bids received after closing time will be returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing
Office. g.44-4th Street, City of Port Arthur, and are open for public inspection without
charge.
The City of Port Arthur reserves the fight to reject any and all bids and to waive
informalities.
Joseph Broussard
Purchasing Coordinator
FIRST PUBLICATION: JUNE 4, 2006
SECOND PUBLICATION: JUNE I1, 2006
INFORMATION TO B1DI)ERS
The following instructions arc applicable to the Contract, in addition to the requirements set forth
in the ADVERTISEMENT FOR BIDS,
l, BID PROCEDURE
Bids mast be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in
sealed envelopes plainly marked. Bids shall be prepared in compliance with the
requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instrucuons
printed on the prescribed forms. All blank places on the Proposal form must be filled in
as noted, in ink, in both words and figures, with amounts extended and totaled, and no
changes shall be made in the phraseology of the forms or of the items mentioned therein.
In case of any discrepancy between the written amounts and the figures, the written
amounts shall govern. If the Bidder does not bid on optional items(if shown m the
Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be
deemed irregular which contains any omission, erasure, alteration, addition, irregularity
of any kind or item not called for, or which does not contain prices set opposite to each of
the several items in the Proposal form, or in which any of the prices are obviously
unbalanced, or which shall in any manner fail to conform to the conditions of the
published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank
area provided therefore. If the bid is made by a partnership or corporation, the name and
address of the partnemhip or corporation shall be shown, together with the name and
address of the partners or officers. If the bid is made by a partnership, it must be
acknowledged by one of the partners; if made by a corporation, by one of the officers
thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal
must be enclosed in a sealed envelope l~niy identified by the name of the proiect and
the.. Contract number, and addressed to the OWNER as prescrlb~ed in the Invitation to
Bidders_.
Withdrawal or modifications to bids are effective only if written notice thereof is ~ led
prior to time of bid opening and at the place specified in the Notice to Bidders. A notice
of withdrawal or modifications to a bid must be signed by the GONTRACIOR or his
designated representative. No withdrawal or modifications shall be accepted a~er the
time for opening of proposals.
2. BID SECURITY AND LIQUIDATED DAMAGES
Bids for Public Works projects of $15,000 or more shall be accompanied by a bid
guarantee of not less than five percent (5%) 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 sixty (60) days after the
date of the opening of the bids; that if a bid is accepted, the Bidder will enter ~nto 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, fumish said bonds and
insurance and commence work within the time specified, the Bidder shall be liable to the
,'R~yped 8t9/9~"
OWNER for the difference between the mount specified in the bid in the mount for
which the OWNER may otherwise procure the required work. Checks of' al! except the
lhrec lowest responsible Bidders will be returned when award is made; when thc
Contract is executed, the checks of the two (2) remaining unsuccessful Bidders will be
returned; that of the successful Bidder will be returned when formal Contract, bonds and
insurance are approved, and work has commenced within the time specified.
Under circumstances wherein the Bidder can show to the CITY that it made an innocent
material mistake in the bid as provided by Section 252.043 Local Government Code, with
no intentions being made to circumvent the bidding procedures, the City Council reserves
the right to approve a withdrawal of a bid without requiring a forfeiture of the bid bond
and without assessing further liability.
The Bidder to whom the award is made shalI execute and return the formal Contract with
the OWNER and furnish performance and Payment Bonds and required insurance
Documents within ten (10) days after the prescribed forms are presented to him for
signature. Said period will be extended only upon written presentation to the OWNER,
within said period, of reasons which, in the sole discretion of the OWNER, justify an
extension. If said Contract, bonds and insurance Documents are not received by the
OWNER within said period or if work has not been commenced within the time specified,
the OWNER may proceed to have the work required by the Plans and Specifications
pe-rformed by any means at its command, and the Bidder shall be liable to the CITY for
any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be
forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an
additional amount of five percent (5%) of the bid mnount as liquidated damages without
limitation.
The OWNER, within ten (t0) days of receipt of acceptable Performance and Pa~Tnent
Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was
awarded, shall sign and return executed duplicate of the Contract to said party. Should
OWNER not execute the Contract within such period, the Bidder may, by written Notice
to OWNER, withdraw his signed Agreement.
3. BONDS
The following bonds, each in the amount of one hundred percent (100%) of the Contract
price, will be required in accordance with State law as follows: O a PAYMENT OOND for
any contract in excess of Twenty-Five Thousand Dollars ($25,000.00); and,
O a PFRFORMANGE BOND for any contract in excess of One Hundred Thousand Dollars
($100,000.00).
4. 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 reason(s) why Notice to Proceed cannot be issued within
such period, the time may be extended by mutual agreement between OWNER and
CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period
-R~tyl~d
or a period mutually agreed upon, CONTRACTOR may terminate the Contract without
liability on the pan of either par~y.
5. INSURANCE_
All insurance must be written by an insurer licensed to conduct business in the State of
Texas. unless otherwise permitted by OWNER. The CONTRACTOR 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 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 (Nc insurance policy or Certificate of Insurance
required below shall contain any aggregate policy year limit unless a specific dollar
amount[or specific formula for determining a specific dollar amount] aggregate policy
year limit is expressly provided in the specification below which covers the particular
insurance policy or Certificate of Insurance).
1. Standard Worker's Compensation ]nsurance (with waiver of
subroganon in favor of the City of Port Arthur, its Officers, Agents &
Employees). (City and Contractor and all persons providing services
shall comply with the workers compensation insurance requirements of
Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110,
a copy of which is attached hereto and is hereby incorporated by
reference.)
2. Commercial General Liability occurrence type msurance. No. 'XCU"o
RESTRICTIONS SHALL BE APPLICABLE. Products/completed
operations coverage must be included, and CITY of Port A~hur. tis
Officem, Agents, and Employees must be named as an additional
Insured.
a, Bodily Injury $500,000 single limit per occurrence, or $500.000
each person/S500,000 per occurrence for contracts of $100,000 or
less; or,
b. Bodily Injury $1,000.000 single limit per occurrence or $1,000,000
each persorF$1,O00,000 per occurrence for contracts ~n excess of
$100.000; and,
c. Property Damage $100,000 per occurrence regardless of Contract
amount; and.
d. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 orless; or,
e. Minimum aggregate policy year limit of $2,000,000 for contracts in
excess of $100,000.
3. Compreher~tve Automobile Liability (including owned, non-owned and
hked vehicles coverage).
a.Minimum combined single limit of $500,000 per occurrence for
bodily injury and property damage.
b. If individual limits ar0 provided, minimum limits are $300.000 per
person, $500,000 per occurrence for bodily injury, and ~100,000 per
occurrence for property daraage.
4. Contractual Liability Insurance covering the indemnity provision of this
Contract in the same amount and coverage as provided for Commercial
General Liability Policy, specifically referring to this Contract by date,
job number and location;
5. All-Risk Builderk Risk of the non.reporting type (NO'r R£OU1RED for
paving projects, water and sewer line projects or projects involving lump
sum payments).
CONTRACTOR shall cause coNTRACTOR'S insurance company or tnsurance agent to
fill in all information required (including names of insurance agency, CONTRACTOR
and insurance companies, and policy numbers, effective dates and expirauon datesl and
to date and sign and do all other things necessary to complete and make into a valid
Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a
part of the Information To Bidders, and pertaining to the above listed Items 1.2.3 and 4'
and before commencing any of the work and within the time otherwise specified.
CONTRACIOR shall file said completed form with the OWNER. None of the provisions
in said Form shall be altered or modified in any respect except as herein expressly
authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that
coverages afforded under the policies will not be altered, modified or cancelled unless at
least fifeen (15) days prior written notice has been g/ven to the OWNER.
CONTRACTOR shall also file with the OWNER valid CERTiFICATE(s) OF
INSURANCE on like form from or for all Subcomracmrs and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form(s) shall in any event be flied with OWNER not more than ten (10) days afier
execution of this ConU'act.
The original Builder's Risk policy (if required) shall provide for fifteen (15) days written
notice of alteration, modification or cancellation and shall be furnished to OWNER.
provided, however, until the Original Policy is issued and furnished to the OWNER a
Certified Insurance Binder with the identical notice will be acceptable in place of the
original policy, which original policy must be received by the OWNER not later than
thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding
any other provision in the Contract Documents, it is further mutually understood and
agreed that no payment will be due and owing or made to the CONTRACTOR for any
work perforated under the Contract until all of the reqmred insurance documentanon,
including the original policy specified above, are received by the OWNER.
6. JOB EXAMINATION
Bidder should carefully examine and be familia~ with the Plans, Specifications and other
Documents and other conditions and matters which can in any way affect the work or the
cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his
qualified representative has visited the job site and investigated and satisfied himself as
to: (a) the conditions affecting the work including bul nor limited of the physical
conditions of the site which may bear upon site access, handling and storage of tools and
nlatefials, access to w~'(ct, d¢ctfic or other utilities o~ oth~ise affect p~fo~cc of
r~uir~ a~i~ti~; ~) ~e ch~act~ ~d qu~t~/y o~all s~a~ ~ subs~ace mate~als
or obsmcl~ to be ~t~ in so f~ ~ ~is info~afion is reasonably asce~ainablc
from inspection of thc site, including explorato~ work done by ~e OWNER or a
dcsi~at~ consulmt. Faille to do all of he above will not relieve a succcss~l Bidd~
of thc obligation to ~sh E1 mat~al ~d labor necess~ to c~ out ~e provisions of
~c Con,act Docm~ts ~d to ~mplcte the contmplatcd work for ~c considerations
set fo~ in ~ bid. Any ~fo~ation shown in thc spccifi~tions or on ~c Pl~s in rcg~d
to subsurface data, test bofin~ ~d simil~ conditions is to bc considered approximate
~d does not relive ~e Bidder of ~e responsibility for i~ v~ficafion. OWNER is not
r~ponsiblc for ~y faille by ~e CONT~CTOR to acquaint himself with available
info~ation for estimating prop~ly the difficulty or cost of succcss~lly pe~o~ing thc
work. ~c OWNER is not rcspo~ible for ~y ~nclusions or intc~rc~ations made by thc
CONT~CTOR on thc b~is of ~c info,orion made available by ~e OWNER. In
~nfo~ity ~E applicable sta~tes, ~e OWNER h~ adopt~ a lair cl~sification ~d a
~nim~ wage sclc, w~ch is ~clud~ preening the Specifications.
7. SALES T~
~is Contract is issued by ~ or~ization w~ch qualifies for ex,priori pursuit to the
provisions of Section 151.209 of the Texas Limited Sales, Excise ~d Use Tax Act ~
~difi~ in Chapt~ 151 of ~e Tex~ Tax Code.
~e CONT~CTOR'S aUention is direct~ to the State of Texas Comptroller of Public
Acco~m Limited Sales, Excise md Use T~ roles ~d re~lations Rulings reg~ding
Repai~en ~d Con,actors - Reference: Se~ion 151.056 Texas T~ Code which, upon
~mpli~ce wi& ce~n conditions, pwvides for ex~ption ~om Sis tax of non-
consmabte rear.als ~d equipment p~m~tly ink.orated into work done for ~
exempt org~ization, ~d to Home Bill 11 mendments to Section 151.311 of the T~
Code (Vernon Supp. 1992) as ~ey relate to s~ated con~act~ids in order for non-
consmable mategals md ~uipment to qualify for resale to the City md be ex.pt from
s~es ~.
Any Bidder may elect to exclude ~is sales t~ ~om ~s bid. ~e bid and ~n~act,
however, must sep~ately identi~ ~e ch~ges for: (l) non-consumable mate~als ~d
equipm~t that ~e pendently ink.rated into the project; ~d, (2) charges for skill,
labor ~d consumable materials, tools ~d equipment which ~e not pcm~ently
in~rated into ~e proje~ T~s statement sh~l be includ~ in ~d made pan of the
Con.ct. CONT~CTORS ~e required to have a sal~ tax pe~it issued by the
Comptroll~ of~e State of Tex~ in ord~ to quali~ under the exemption provisions and
~e s~arated Contract pro~dure.
~e City will issue a sp~ific ex~ption cenifi~te for a s~ara~ed Contract to ~e
CONT~CTOR in ord~ ~at he does not have to pay t~es on qualif~ng mat~als and
~uipm~t purch~ for ~d ~ently inco~orated into the City project. The
CONT~CTOR p~o~ing ~is Con.act m~t issue to his suppliers ~ ex~ption
c~ificate in lieu of the t~, s~d ex~pfion c~ificate ~mpl~ng wi~ all applicable
State Comp~oll~'s ml~, along wi~ a copy of~e ce~ifica~e issued to him by the City.
The OWNER will make no fa,rrther allowance ~or and will make no price adjustment
above or below the originally bid unit prices on account of this tax. It shall be the
GONTRAGTOR'S sole responsibility, if GONTRAGTOR has elected to exclude the sales
tax from the bid, to comply with the aforementioned Rulings and with any other
or laws pertaining to the Texas Limited Sales, Excise and
~ be inapplicable rules, regulations
Use Tax which may now or at any time during the performance of this Contra
effect, and the OWNER shall have no responsibility for any sales or use tax w~ch the
GONTRAGTOR may be required to pay as a result of GONTRAGTOR'S failure or the
OWNER'S failure to comply with said rules, regulations or laws, or as the result of the
performance of the Contract or any part hereof by the GONTRAGTOR.
Bidders are cautioned that materials which are not permanently incorporated into the
work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for
exemption and are not to be included in the statement as "Non-Consumable Materials and
Equipment".
8. FINANCIAL STATEMENT AND EXPERIENCE RECORI~_
The Bidder will, upon request by the OWNER, furnish such information and data as
OWNER may request to determine ability of the Bidder to perform the work, including,
without limitation, a list of al~l jobs completed in the last 24 months giving name of
OWNER, amount of Contract, description of the job, and name of OWNER'S
representative who is familiar with the work performed by the GONTRAGTOR.
9. INTERPRETATION OF PLANS AND SPECIFICATIONS
Bidders desiring further information, or further interpretation of the Plans and
Specifications must make request for such information in writing to the
ArchitectYEngineer, not later than 96 hours before the bid opening. Answers to all such
requests will be given in -~,Titing to all qualified Bidders, in Addendum form, and all
addenda will be bound and made a part of the Contract Documents. No other explmation
or interpretation will be considered official or binding. Should a Bidder find
discrepancies in, or omissions from, the Plans, Specifications or other Contract
Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no
later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a
written Addendum if necessary, may be sent to all Bidders prior to submission of the
bids. Failure to request such clarification is a waiver to any claim by the Bidder for
expense made necessary by reason of later interpretation of the Contract Documents by
the OWNER,
10. AWARD OF CONTRACT.
Unless it elects to reject all bids, the OWNER will award the Contract as promptly as
possible consistent with the time required for a thorough analysis of bids submitted.
Award will be made on the basis o£ the greatest advantage to the OWNER, considering
all elements of the bid. The right is reserved to reject any or all Proposals and to waive
technical defects, as the interest of the OWNER may require.
~Re~¥1~d BI9199"
A Bidder may withdraw his Proposal before the expiration of the time during which a
Proposal may be submitted, without prejudice to himself, by submitting a written rextuest
for its withdrawal to the officer who holds it.
1I. TIME OF COMPLETION
Attention is directed to the requirement that each Bidder specify in his Proposal the time
in which he will agree to complete the work. The time required for completion of the
work will be a consideration in the determination of the successful Bidder. Unless
otherwise specified, Bidder must state time in consecutive calendar days, including, but
not limited to, all Saturdays, Sundays, and Federal, State and City holidays.
12. SUBSTITUTIONS
Where materials or equipment are specified by a trade or brand name, it is not the
intention of the OWNER to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality or performance, and to
establish an equal basis for the evaluation of bids.
13. LAWS
All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the Contract throughout..
14. EQUAL OPPORTUNITY
Bidder agrees to abide by the requirement under Executive Order No. 11246, as
amended, including specifically the provisions of the equal opportunity clause set forth in
the General Conditions.
15. MATERIAL SUPPLIERS AND SUBCONTRACTORS
Low bidder shall supply the names and addresses of major material suppliers and
Subcontractors when requested to do so by OWNER.
16. RETAINAGE
Ten pereem (10%) {five percent (5%) if the total contract exceeds Twenty-five Thousand
Dollars [$25,000] } of the amount of each periodic progress payment shall be retained by
OWNER until final completion and acceptance of all work undcr the CONTRACT.
17. UNIT PRICES
If the Contract may be let on a unit price basis, the Specifications furnished to bidders
shall contain approximate quantities estimated upon the best available information, but
the compensation to be paid to the CONTRACTOR shall be based upon the actual
quantities constructed or supplied.
lg. PRE-BID CONFERENCE
Prospective bidders shall be required to attend the Pre-Bid Conference outlined on Page
C-9 of thc Information To Bidders. Bids received from firms or individuals not listed on
the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to
the bidder,
PRE-BID CONFERENCE
A .... - ' .,- _- between the Engineer, Representatives of the City of Port
Arthur, Texas and prospective bidders will be held at [Timel p.m., fDavl , [Date]., at
[Loc~tion] -
The purpose of the - . ~: . . _ .- -- ! is to make certmn that the scope ofworkis
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 al
this meeting, but subsequent thereto, the Engineer, 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 ~
~ will be rejected and returned unopened to the Bidder.
"Re. typed
PAGE I OF 2
Bid Proposal For. PROVIDE
AT ~ABE ZAHA~AS MEM ~STA~ STEEL MAINTE
· - ORIAL GOLF COUpe=
BUDDING AT BABE ZAHARIAS MEMO~AL ~LF COURSE
~'~ ~ KE.P~ CART BARN
~mu~d~si~ _ LANGE BROTHERS,
busings in ~e Cityff own of Po~ A doing
su~i~ hcr~vith in c0nfo~ ~
for thc 'Following Bid:
OUTL~ OF B~DATA:
~EM ~
COST
MAI~ACE BARN $_ 1 ~.2 ~ 932.00
C~T B~
$~ 4~ 639,00
ALT} ~oo $ 5,~42.00
ALT2 ~ $ 5,~42.00
ALT3 ~D $ 27~362.00
ALT5 ~I~D ~ 1~,318.00
ALT6
Work will b~in 1 0 days after ~ ward of contract.
CITY OF PoRT ARTHUR
BID pROPOSAL
PAOE 2 OF 2
Receipt of addenda i~ acknowledged:
Dated 6-19-06 Received 6-19-06
No. 2 Dated 6 - 2 6 - 0 6 Rece{vefl 6 - 2 6 - 0 6
LANGE BROTHERS, INC. 6301 Diamond Avenue -
COMPLY NA~ S~E~
RONNIE C. LANGE PORT ARTHUR. TEXAS 77640 ,
(PRINT OR TYPE NAM~E) CITY STATE ?~P
President 409 736-2565
TITLE .... AREACODE TBLEPHONENO.
FAX (409) 736-2473
0-~'~-1,' ,5'--
BID OPENING DATE: J:I3~E-~, 2006
CpI'Y OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to t]mfish their complete REMIT_TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMi>ANY LANGE. B~tOTHERS, INC.
ADDRESS 6301 Diamond Avenue
CrFY/STATFJZIP PORT AR' HUR, TEXAS 77640
SEND PURCHASE ORDER TO:
COMPANY LANGE BI OTHERS, INC.
ADDRESS 6301 Diltmond Avenue
CITY/STATE/ZIP PORT AR'.'HUR, TEXAS 77640
TAX IDENT~ICATION NU3 {BER 1-74-2109849-6
I
AFFDAVIT
All pages in offer's bid p~ oposal containing statements, letters, etc.,
shali be signed by a duly authorized officer of the company, whose
signature is binding on tlc e bid proposal.
The undersigned offers Id agrees to one of the following:
I hereby certify 1 at I do not have. outstanding debts worth the
City ofPort Arth~ r. Further, I agree to pay succeeding debts
as they become & te during this agreement.
I hereby certify tha: I do have outstanding debts with the
City of Port Artht r and agrees to pay said debts prior to
execution of this greement.
[ hereby certify the I do have outstanding debts with the
City o£Port Arthu~ and agrees to enter into an agreement for
the payment of sa5 I debts. I fu~her agree to pay succeeding
debts as they beco ae due.
NAME OF OFFERER: LANGE BROTHERS, INC.
TITLE President ~ONNIE C. LANGE
ADDRESS 6301 Diam,)nd Avenue
CITY/STATE/ZIP PORT ARTHUR, TEXAS 77640
TELEPHONE NUMBER 409) 736-2565
SUBSCRIBED AND SWOI~ N to before me by the above named
k,~Oru, k, £, ~ "~K-'" on this the ~t0~
~tate?' ' of
day of '.~.~ ,20~ ~ _
Notary P~oHc in and for the
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
CONFLI(~T OF INTEREST STATEMENT
Please delineate all owners o~your company. If you have any contractual business
relationship or family relationship with any member of the governing body of the City or if you
expect this to occur, please so state:
RONNIE C. LANGE Owner/i>resident
I have no contractual ~usiness relationship or family
relationship with any ~overning body of the City or expect
this to occur.
QINatio.ns
}Bonding
/Company
P. O. BOX 26720 · AUSTIN' TEXAS 787554)720
(512) 343-9033 · (512) 343-8363 FAX
Bond No.:
BID BOND
KNOW ALLPERSONS BY THESE PRESENTS, that we Lange Brothers, Inc.
as Principal, hereinafter called the Principal, and
Nations Bonding Company
a corporation duly organized under the laws of the State of Texas
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Port Arthur, TX Babe Zaharias Memorial Golf Course
as Obligee, hereinafter called the Obligee, in the sum of 5% (Five Percent) of bid
amount
Dollars ( ~
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.
IArHEREAS, the Principal has submi~ed a bid for providing and installing steel
Maintenance Building & repairing of cart barn building at
Babe Zaharias Memorial Golf Course.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall
enter into a Contract with the Obligee in accordance with the terms of such bid, and give such
bond or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment of
labor and materials furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in 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.
Signed and sealed this 30th dayof June 2006
PRINCIPAL: SURETY:
Nations Bonding Company
Ronnie Lange K. ~cott Mi'l'l~- ~'Anom~-m-Fact
NBC 0210 TX (4/03)
POWER OF ATTORNEY
Merchants Bonding Company (Mutual)
Nations Bonding Company
Bond No.
KNOWALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a comorahon du~y organized under me
laws of the State of Iowa, and that NATIONS BONDING COMPANY is a comoration duly organized under the aws of the State of Texas
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Larry W. Smith, George M. Haynes and/or K. Scott Miller
of Beaumont and State of Texas their true and [awful Attorney-in-Fact. with fu~l Dower
and authority hereby conferred in their name, place and stead, to sign, execute, acknowleoge ana aenver m their behalf as sure~y
any and all bonds, undedakJngs, recognizances or other wdlfen obligations in the nature thereof, subject to the hmitation [l~at any
such instrument shall not exceed the amount of:
ONE MILLION FIVE HUNDRED THOUSAND ($1,500,000.00/DOLLARS
and to bind the Companies thereby as fulry and to the same extent as if such bond or unoerlaKing was slgne[l Dy the dull authorized officers
of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein g~ven, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authorihj of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual} on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19, 2003.
'q'be Chairman of the Board or President or any Vice President or Seer°tar/ shall nave power and authority to aODoidt
Attorneys-in-Fact, and to authorize them to execute on behalf of the Company. aha attach the Seal of the Company Ihereto
bonds and undedakidgs, recognizances, contracts of indemnity and other wtitings om~gatoej in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney
Certification thereof authorizing the execution and delivery of any bond, underlaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effec~ as mougn
manually fixed."
in W~thess Whereof, the Companies have caused this instrument to be signed and sealed this [st day of September 2004.
."'°' "~'PO ;4'? %~';.~, m~..~.,O °° ~'' ........ Y'~· MERCHANTS BONDING COMPANY [MUTUAL)
· .. ~, d¢..~.?~ NATIONS BONDING COMPANY
· ........ ¢*?.:'
STATE OF IOWA ° '* ° ° ° · °. ° ° · · President
COUNTY OF POLK ss.
On this 1st day of September, 20~4, before me appeared Lam/Taylor, to me personally known, who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY (MUTUAL) and NAT~ONS BONDING COMPANY; and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sea[ed 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 wdtten.
· , Commission Number f73504
My Commission Ex ires
March 16,
STATE OF IOWA
COUNTY OF POLK ss.
I, '¢~lliam Whiner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, 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 V~thess Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of
.,';... ...' ·
NBC 0103 (9/04) ,° .....
CITY OF PORT ARTHUR
GENERAL SPECIFICATIONS
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 the Bid or Proposal
Specifications listed in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information
to prepare SEALED BIDS IN DUPLICATE for furnishing: PROVIDE AND INSTALL
STEEL MAINTENANCE BUILDING A1 BABE ZAHARIAS MEMORIAL GOLF
COURSE
REPAIR CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF
COURSE
Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur,
P. O. Box 1089, Port Arthur. Texas 77641. Bids shall be received no later than
3:00 P. M. June 21, 2006. Bid proposal MUST BE SIGNED BY THE BIDDER.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATFACHMENT AS PART OF THE BID. The
absence of such a list shall indicate that the bidder has not taken exception 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 ali or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or
erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
The City reserves the right to:
1. Reject any and all bids, and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best imerest 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. This preference can't be granted
for purchases involving Federal Funds.
The award shall be made to the responsible vendor(s) whose bid is determined to be the lowest
offer; taking inte consideration the relative importance of price, conformance to specifications,
and capability and experience of the contractor.
1. BID SECURITY AND LIQUIDATED DAMAGES
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 ifa 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 per[od, 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 thc O~,¥%!ER 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 al1
except the thi'ee lowest responsible Bidders will be returned when award is made; when the
Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that
of the successful Bidder be returned when formal Contract, bonds and insurance are approved,
and work has commenced within the time specified.
The Bidder to whom the award is made shall execute and return the formal Contract with
the OWNER and furnish Performance and Payment Bonds and required Insurance Documents
within ten (I0) days after the prescribed forms are presented to him for signature. Said period
will be extended only Upon written presentation to the OWNER, within said period, of reasons
which the sole discretioa of the OWNER, justify an extension. If said Contract, bonds and
insurance Documents are not received by the OWNER within said period or if work has not been
commenced within the time specified, the OWNER may proceed to have the work required by
the Plans and Specifications performed by any means at its command, and the bidder shall be
liable to the CITY For any excess cost to the OWNER over bid amount. Further, the bid
guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall liable to the City
for an additional amount of five percent (5%) of the bid amount as liquidated damages without
limitation.
The OWNER, within ten (10) days of receipt of acceptable Performance and
Payment insurance,; Documents and Contract signed by Bidder to whom Contract was awarded,
shall sign and return executed duplicate of the Contract said party. Should OWNER not execute
the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his
signed Agreement.
2, BONDS
If the Contract exceeds Twenty-five Thousand Dollars ($25,000.00), Performance and
Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent
(100%) of the Contract price with corporate surety duly authorized to do business in the State of
Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date
copy of their Power of Attorney.
3. NOTICE TO PROCEED
Notice to Proceed shall be issued within ten (10) days of the execution of the Contract
by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such
period, the time may be extended by mutual agreement between OWNER and CONTRACTOR.
If Notice
4. JOB EXAMINATION
Bidder should be carefuI examine and be familiar with the Plans, Specifications and
other Documents and other conditions and matters which can in any way affect the work or the
cost thereof. By submitting a bid the CONTRACTOR acknowledges that he or his qualified
representative has visited the job site and investigated and satisfied himself as to (a) the
conditions affecting the work including but not limited to physical conditions of the site which
may bear upon site access, handling and storage of tools and materials, access to water, electric
or other utilities otherwise affect performance of required acti'dties; (b) the character and
quantity of all surface materials or obstacles: to be encountered in so far as this information is
reasonably ascertainable from inspection of the site, including exploratory work done by the
OWNER or a designated consultant. Failure to do ali of the above will not relieve a successful
Bidder of the obligation to furnish all material and labor necessary to carry out provisions of the
Contract Documents and to complete the contemplated work for the considerations set forth in
the bid. Any information shown in the Specifications or on the Plans in regard to subsurface data,
test borings and similar conditions is to be considered approximate and does not relieve the
Bidder of the responsibility for its verification. O'~VNER is not responsible for any failure by the
CONTRACTOR to acquaint himself with available information for estimating properly the
difficulty or cost of successfully performing the work. The OWNER is not responsible for any.
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a
labor classification and a minimum Wage scale, which is 5 included following the
Specifications.
5. SALES TAX
This Contract is issued by an organization which qualifies for exemption pursuant to
the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as
codified in Chapter 151 of the Texas Tax Code.
The CONTRACTOR'S attention its directed to the State of Texas Comptroller of
Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding
repairmen and Contractor's Reference: Section 151.056 Texas Tax Code which, upon
compliance with certain conditions, provides for exemption from this tax of non-consumable
materials and equipment permanently incorporated into work done for an exempt organization,
and House Bill 11 amcndments to Section 151.311 of the Tax Code (Vernon Supp. 1997.) as
they relate to separated contracts/bids .in order for non-consumable materials and equipment to
qualify for resale to the City and be exempt from sales tax. Any bidder may elect to exclude this
sales tax from his bid. The bid and contract, however, must separately identify the charges for
(!) non-consumable materials and equipment that are permanently incorporated into the project
and (2) charges for skill labor and consumable materials, tools and equipment which are not
permanently incorporated into the project. This statement shall be included in and made part of
the Contract. CONTRACTOR' S are required to have a sales tax permit issued by the
Comptroller of tile State of Texas in order to qualify under the exemption provisions and the
separated contract. The City will issue a specific exemption certificate for a separated Contract -
to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and
equipment purchased for and permanently incorporated into the City project. The
CONTRACTOR performance this Contract must issue to his suppliers an exemption certificatc
in lieu of the tax, said exemption certificate complying with all applicable e State Comptrollers
rulings, along with a copy of the certificate issued to him by the City.
The OWNER will make no further allowance for and will make no price adjustment
above or below the originally bid umt prices on account of this tax. It shall be the
CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude tile sales tax
from the bid, to comply with the aforementioned Rulings and with any other applicable roles,
regulations or laws pertaining to the Texas Limited Sales. Excise and Use Tax which may now
or at any time during the performance of this Contract be in effect, and the OWNER shall have
no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a
result of CONTRACTOR'S failure or tile OWNER'S failure to comply with said rules,
regulations or laws. or as the result of the performance of the Contract or any part hereof by the
'CONTRACTOR.
Bidders are cautioned that materials which are not permanently incorporated into the
work (Example: Fuel. lubricants, tools, forming materials, etc.) are not eligible for exemption
and are not to be included ~n the statement as "Non-consumable Materials and Equipment".
6. FINANCIAL STATEMENT AND EXPERIENCE RECORD
The Bidder will upon request by the OWNER, furnish such information and data as
OWNER may request to determine ability of the Bidder to perform the work without limitation.
a list of all jobs completed in the last 24 months givtng name of OWNER, amount of Contract,
description of the job~ and name of OWNER'S representative who is familiar with the work
performed by the CONTRACTOR.
7. INTERPRETATION OF PLANS AND SPECIFICATIONS
Bidders desiring further information, or further interpretation of the Plans and
Specifications must make request for such information in wa'iting to the Architect/Engineer no
later than 96 hours before the bid opening Answers to ail such requests will be given in writing
to all qualified Bidders in Addendum form, and all addenda will be bound and made a part of the
Contract Documents. No other explanation or interpretation will be considered official or
binding. Should a Bidder find discrepancies in, or omisstons fi.om, the Plans, Specificanons or
other Contract Documents, or should a Bidder be in doubt as to their meaning, the bidder should
no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a
written Addendum, if necessary, may be sent to all Bidders prior to submission; of the bids.
Failure to request such clarification its a waiver to any claim by the Bidder for expense made
necessary by reason of later interpretation of the Contract Documents by the OV~2qER.
8. AWARD OF CONTRACT
Unless it elects to reject all bids, the OWNER will award the Contract as promptly as
possible consistent with the time required for a thorough analysis of bids submitted. Award will
be made on the basis of the greatest advantage to the OWNER, considering all elements of the
bid. The right is reserved to reject any or all Proposals and to waive technica! defects, as the
interest of the OWNER may require.
A Bidder may withdraw his Proposal before the expiration of the time during which a
Proposal may be submitted, without prejudice to himself, by submitting a written request for its
withdrawal to the officer who holds it.
9. TIME OF COMPLETION
Attention is directed to the requirement that each Bidder specify in his Proposal the time
which he will agree to complete the work. The time required for completion of the work wSll be a
consideration in the determination of the successful Bidder. Unless other,vise specified, Bidder
must state time in consecutive calendar days, including, but not limited to, all Saturday, Sunday,
and Federal, State and City holidays.
10. SUBSTITUTIONS
Where materials or equipment are specified by a trade or brand name, it is not the
intention of tile OWNER to discriminate against an equal product of another manufacturer, but
rather to set a definite standard of quality or performance, and to establish an equal basis for the
evaluation of bids.
11. LAWS
All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the Contract throughout.
12. EXPERIENCE & CAPABILITY:
Bidder shall include the following information to describe the experience and capability
factors of the company:
I. Number of years in operation
2. Largest dollar amount of contract currently in effect with a business.
3. References from at least three (3) businesses with whom your company has completed
similar type work within the last year.
4. Number of employees currently employed.
5. Equipment currently owned by your company
Insurance
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless other~vise 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 (no tnsurance policy
or certificate of insurance required below shall contain any aggregate policy year limit unless a
specific dollar amount ( or specific formula for determining a specific dollar amount) aggregate
policy year limit is expressly provided in the specification below which covers the particular
insurance policy or certificate of insurance.
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance (products/completed
operations coverage must be included, and 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/S500,000 per occurrence for contracts ors 100.000 or less: or
b. Bodily injury $1,000,000 single limit per occurrence or $500.00 each
person/$1,000,000 per occurrence for contracts in excess orS100,000;
and,
¢. Property Damage $100.000 per occurrence regardless of contract amount;
and,
d. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less;' or,
e. Minimum aggregate policy year limit of $2,000,000 for contracts m 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, mintmum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per
occurrence for property damage.
4. Contractual Liability fnsurance c.~verlng the indemnity provision of this Coatraet
in the same amount and coverage as provided for Commercial
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 dates and sign and
do all other things necessary to complete and make into valid certificate of insurance the
CERTIFICATE OF INSURANCE Form attached to and made a part of the Information To
Bidders, and pertaining to the above listed items 1,2, 3 and 4: and before commencing an5 of the
work and within the time otherwise specified. Contractor shall file completed Form with the
Owner. None of the provisions m said Form shall be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains 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 Owner. Contractor shall also file with
the Owner 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 OWNER not more than ten (I0) days
after execution of this Contract.
The original Builder's Risk policy (if required) shall provide for fit~een (151 days written
notice ofaltemation, modification or cancellation and shall be fumished to OWNER. Provided,
however until the original policy, which original policy must be received by the OWNER not
later than (thirty) days after issuance of the Notice to Proceed for the project. Notwithstanding
any other provision in the Contract Documents. it is further mutually understood and agreed that
no payment will be due and owing or made to the CONTRACTOR for any work performed
under the Contract until all of the required insurance documentation, including the original
policy specified above, are received by the OWNER.
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd
Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision
shall ascertain the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craR or type of workman or mechanic and shall specify
in the call for bids and in the Contract the prevailing rate of per diem wages which shall
be paid for each crat~ type of workman. This Article further provides that the
CONIRAGIOR shall forfeit, as a penalty, to the City, County, or State, or other political
subdivision. Sixty Dollars ($60.00) per day for each laborer, or workman, or mechanic
who is nol paid the stipulated wage for the type of work performed by him as set up on
the wage scale. The OWNER ts authorized to withhold from the CONTRACTOR. after
full investigation by the awarding body, the amount of this penalty in any payment that
might be claimed by the CONTRAOTOR or Subcontractor. The Act makes the
GONTRAGTOR responsible for the acts of the Subcontractor in this respect.
The Article likewise requires that the GONTRAGTOR and Subcontractor keep an
accurate record of the names and occupations of ali persons employed by him and show
the actual per diem wages paid to each worker, and these records are open'" to the
inspection of the OWN ER.
B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto.
,'R~yped 8/9/99M
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% 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.
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 moneys 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.
Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addendas shall be vested in the Cityof Port Arthur
Purchasing Manager. Addendas will be mailed to all who are known to have received a copy of
the ITB. Offerers shall acknowledge receipt of all addenda.
PRICES: The bidder should show in the proposal both the unit price and'total amount, where
~equired, 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 b~, 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 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.
SALEfil TAX: The City o£Por~ Arthur is exempt by law/'rom payment ot"Texag gates 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 Arlhur, Texas, .~efferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,
ordinances, mles, 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 anyone owing
delinquent taxes, paving assessments or any money to the City until such debts are paid or until
satisfactory arrangements for payment has been made. Bidders must complete and sign the
AFFIDAVIT included as part of this ITB.
CONTRACT: The following will comprise the contract between the City and the successful
bidder:
1. Information for Bidders
2. Bid Sheet
3. Notice of Awards
4. Specifications
5. Addenda
QUANTITIES: Quantities shown axe 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 supplier shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
All bids will remain in effect for sixty (60) days after the bid opening date.
If through any cause the Bidder fails to fulfill in a timely and proper manner, his obligations
under this Contract, or fails to perform in accordance with these specifications, the City reserves
the fight to terminate this Contract by giving written notice to the Bidder of such termination and
specifying the effective date thereof, at least fifteen (15) days before the effective date of such
termination.
No person has the authority to verbally alter these specifications. Any interpretations.
corrections or changes to this ITB and specifications will be made in writing by the Purchasing
Division of the City of port Arthur and sent to each person having a bid package.
The vendor must be an authorized dealer for all products offered. The vendor must give the
manufacturers name and product description of all items. Inferior products, products which
perform at a substandard level, or poor quality products will be rejected.
SHIPPING I'NFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shalI 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 ali the work required by this Contract, in accordance with the provisions of this
Contract and said specifications.
The apparent siIence 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. All interpretations of these specifications shall be made on
the basis of statement.
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 most suitable for the
purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of
the successful bidder.
Under the Title VI of the Civil'Rights Act of 1964, no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be den~ed the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
Questions concerning this ITB or additional information should be directed to Ross Blackketter
at 409-983-8180
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur,
Texas and prospective bidders for PROVIDE AND INSTALL STEEL MAINTENANCE
BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE AND
REPAIR CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF
COURSE will be held at the Babe Zaharias Memorial Golf Course located at 3500 Jimmy
Johnson Blvd on June 13.2006 at 10:00 a.m.
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. Nc addendum :~
will be issued at this meeting, but subsequent thereto, the Purchasing Coordinator. if necessary,
will issue an addendum(s) to clarify the intent of the Contract Documents.
Bids received from finns or individuals not listed on the roll of attendees of the
Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder.
SPECZF1'CATI'ONS
BABE ZAHARIAS GOLF COURSE MAINTENANCE BARN
Required ztems:
Demolition and haul-off of existing wooden structure - approx. 3,100 SF
Construction of additional concrete slab foundation to include:
Removal of existing asphalt pavement
78 fi: x 19 rt area to accommodate a 100 ff x 40 fi: steel building
Concrete to be doweled into existing slab with an expansion joint
Concrete to be sealed and painted (entire slab - existing and proposed)
Must meet current building code
Construction of 100 ft x 40 fi: steel building (prefab if possible) to include:
Windstorm rated for 120 mph winds
Color to be brick/rustic red or similar with white roof
Two (2) 16 fi: x 10 fi: tall rollup doors
Three (3) 60 in x 36 in tall sliding windows
One (1) exterior entry door - 42 in wide
Interior office, bathroom, and storage area
All interior doors to be 36 in wide
Stainless steel utility sink
Pressure air conduit for compressed air system - drops to be Iocate. d
according to user requirements
Installation of 40-gal water heater
Insulated walls and roof
Minimum of four (4) roof vents
Electrical and lighting as required by user
Eye-wash station to be located according to user requirements
Bathroom construction to include: Must be handicap accessible
Use existing plumbing to maximum extent possible
Toilet, lavatory, shower, and supply cabinet
Plumbing vents as required
Office construction to include:
Two (2) 36 in x 24 in tall sliding windows /.,
Wall mount air conditioner unit
ExisUng electrical boxes on north end of building to remain operational
throughout project.
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO. ONE (1)
DATE: JUNE 19. 2006
BID PROPOSAL FOR: PROVIDE AND INSTALL STEEL MAINTENANCE
BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE & REPAIR
CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the Contract Documents and change the original
documents only ~n the manner and to the extent hereinafter stated and shall be
incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original
Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS 1N THE SUBMISSION OF THEIR BID.
1. THE BID OPENING DATE HAS BEEN CHANGED TO JUNE 28, 2006
RED BARN
1. FOR THE ROOF BID FOR TEN SHEETS THEN A PER UNIT PRICE
2. AS AN ALTERNATE 3 BID MAKE BUILDING WINDSTORM CERTIFIED
3. ¼ INCH PANELING
4. USE METAL Z JOINT
5. UNDER ALTERNATE 2 CHANGE TO 5/16 INCH HARDIE SHEETING
6. AS PART OF BASE BID PRIME AND PAINT THE WHOLE BUILDING
RED.
7. REMOVE ROLL UP DOOR ON NORTH END AND PLACE WALL THERE
8. USE TREATED 2 X 4 PLATES
Clifton Williams
Senior Purchasing Assistant
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO. TWO (2)
DATE: JUNE 26, 2006
BID PROPOSAL FOR: PROVIDE AND INSTALL STEEL MAINTENANCE
BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE & REPAIR
CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the Contract Documents and change the original
documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original
Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS IN THE SUBMISSION OF THEIR BID.
2. THE BID OPENING DATE HAS BEEN CHANGED TO JULY 5, 2006
RED BARN
1. ALTERNATE 4 TO REPLACE ALL SIDING WITH TEXTURE 111 1/2"
PLYWOOD.
2. 4LTERNATE 5 TO REPLACE ALL SIDING WITH 5/16 HARDIE
SHEETING.
MAINTENANCE BUILDING
1. AIR DROPS OFF COMPRESSOR IS SHOWN ON DRAWING
2. INTERIOR DOORS ARE WOOD
3. MINIMUN OF 12' FOR EAVE HEIGHT AND PITCH
4. ELECTRIC WATER HEATER
5. NO DEMO OR CONSTRUCTION OF SLAB & ASPHALT
6. 27 8 FT FLOURESCENT LIGHTING STRIPS
Clifton Williams
Senior Purchasing Assistant
CITY OF PORT ARTHUR. TEXAS
ADDENDUM NO. THREE (3)
DATE: JULY 3. 2006
BID PROPOSAL FOR: PROVIDE AND INSTALL STEEL MAINTENANCE
BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE & REPAIR
CART BARN BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the Contract Documents and change the original
documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original
Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS IN THE SUBMISSION OF THEIR BID.
ALTERNATE #6 REPLACE CART BARN WITH METAL BUILDING. THE
BUILDING WILL BE THE SAME SIZE AS THE MAINTENANCE BUILDING.
Senior Purchasing Assistant
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO. FOUR (4)
DATE: JULY 3, 2006
BID PROPOSAL FOR: PROVIDE AND INSTALL STEEL MAINTENANCE
BUILDING AT BABE ZAHARIAS MEMORIAL GOLF COURSE & REPAIR
CART BARN BUILDING Al' BABE ZAHARIAS MEMORIAL GOLF COURSE
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the Contract Documents and change the original
documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original
Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS 1N THE SUBMISSION OF THEIR BiD.
THE BID OPENING DATE IS CHANGED TO JULY 7, 2006 AT 3:00 PM
Senior Purchasing Assistant
Exhibit
CHANGE ORDER NO. 01
DATE: August 29, 2006
ORIGINAL AGREEMENT DATE: August 29, 2005
LANCE BROTHERS, INC.
PROJECT DESCRIPTION: Babe Zaharias Maintenance Building Addition of Concrete Foundation
CHANGE TO CONTRACT TERM:
ORIGINAL CONTRACT term: 160 days
CURRENT CONTRACT TERM (adjusted by previous CHANGE ORDER): N/A
The Contract Amount due to this CHANGE ORDER will be (increased/decreased) by:
N/A
The new CONTRACT TERM including the CHANGE ORDER will be: 160 days
CHANGE TO CONTRACT AMOUNT:
ORIGINAL CONTRACT amount: $132,932
CURRENT CONTRACT PRICE (adjusted by previous CHANGE ORDER): $132,932
-the Contract Amount due to this CHANGE ORDER will De (increased/decreased) by:
$32.890
The new CONTRACT AMOUNT including the CHANGE ORDER will be: $165,822
LANCE BROTHERS, NC.
Signature
Ronnie Lan.qe
Printed Name
CITY OF PORT ARTHUR
Steve Fitzgibbons
City Manager
File: Z:\engineer\Documents\Change Orders~LangeCOl.doc
~U~-~5-~006 0~:$?A FROM:LANCE BROTHE$ IN(] z;~736~73 TO:gBBB~91 R.~x~
6~1 Diamond A~nUe
~ A~UR, ~S 77640
(~9) 736-256S
ROSS BLAC~KETT~R FAX 983-8291 F~ (409) 736-2473
CITY OF PORT ARTHUR- PURCHASING DEPT. 983-8160 ~ August 25, 2006
444 4th Street BABE ZAHARIS GOLF COURSE
PORT ARTHUR, TEXAS 77640 NEW MAINTENANCE BUILDING - FOUNDATION
~1~ J DATE O~ ~NS J ~ PH~
Necges Engineers ~ 08-18-06
. R~m0ve. existing.cQn~.re~e fou~datigq and a~hal~...~rfacg.at..~r~a' to '.:~
have new concrete foundation.
Ins~l c0mpacted.f.~ll s~gd, wire fgbric,~ rebar~ .~eel ~hai~ anchor
bolts and concrete for 40ft. x 100ft. foundation, required for pre-engineered
LABOR AND EQUIPMENT ONLY = $32~890.00
All fill sand, wire fabric, r~b~r, steel .ch~irs~ anchor.bolts and
concrete materials to be furnished by City Of Fort Arthur.
~g ~op{~i~ hereby to furnish material and labor-- oomplete In accordance with above specifications, for the sum of:
Thirty two thousand eight hundred ninet, y , doH~m($32,890.00 ).
RONNIE C. LANGE - dent
No~e: This proposal me be
~te of ~p~n~: S~nal~