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HomeMy WebLinkAboutPR 17903: CONTRACT WITH D & R COMMERCIAL CONSTRUCTION, TEST FACILITY AT THE PORT ARTHUR ARMORY P.R. 17903 09/06/13 RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND D & R COMMERCIAL CONSTRUCTION, OF LUMBERTON, TEXAS FOR THE INSTALLATION OF A TEST FACILITY AT THE PORT ARTHUR ARMORY LOCATED AT 3451 57 STREET FOR THE AMOUNT OF $93,865. ACCOUNT NO. 306 -1606- 591.59 -00. WHEREAS, pursuant to Resolution 12 -275, the Council approved a lease agreement with Climate Controlled Containers Manufacturing, LLC for the use of the Port Arthur Armory at 3451 57 Street as a manufacturing facility; and, WHEREAS, a grant from the Economic Development Administration was provided to the City of Port Arthur and the Port Arthur Section 4A Economic Development Corporation to facilitate significant upgrades to this building related to the above - referenced lease; and, WHEREAS, the grant authorized the renovation of the existing facility, which includes updating the interior and exterior to accommodate the employees and equipment necessary to manufacture climate controlled shipping containers; and, WHEREAS, it is necessary to install a Test Facility for quality control testing of the manufactured products; and, WHEREAS, the City solicited sealed bids, which were advertised in the Port Arthur August 18, 2013 and August 25, 2013; and WHEREAS, two bids were received on September 4, 2013, wherein D & R Commercial Construction of Lumberton, Texas was found to be the lowest and most responsive bidder as shown in Exhibit "A "; now, therefore, P.R. 17903 09/06/13 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 D & R Commercial Construction of Lumberton, Texas for the Installation of a Test Facility at the Port Arthur Armory for the not to exceed amount of $93,865, 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: Councilmembers: Noes: Mayor Attest: Sherri Bellard City Secretary P.R. 17903 09/06/13 APPROVED FOR ADMINISTRATION: Floyd T. Johnson City Manager APPROVED AS TO FORM: ,d Valecia Tizeno City Attorney John A. Comeaux, P.E. Assistant City Manager - Operations APPROVED AS FOR AVAILABILITY OF FUNDS: Deborah Echols, CPA Shawna Tubbs, CPPB 7 Director of Finance Purchasing Manager P.R. 17903 09/06/13 EXHIBIT A Pa g• 0 / \ , .\ \\ < 9 / § - �: A a o _� 3 \ � �` , § m ® / 7 � ;...,---r. (1-‘ \ % h CD n / > / A k , f L Q \ E J g k • \ 2 / li cA o ^ -1 et § Cz/a Cr k VD / q \ c = u, k o _ P ■ ) 1 H o o / � 2 d / 2 cn / t p I § - .. @ Pt C2.1 � 0 7 B y m o 0 00 / / 7 ( f z® a n k c H k » 0 / 1 / § EXHIBIT B CONSTRUCTION SERVICES AGREEMENT Installation of a Test Facility at the Port Arthur Armory THIS AGREEMENT, made this _ day of September, 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 D and R Commercial Construction hereinafter called "CONTRACTOR ". WITNESSED: That, for and in consideration of, the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence the work required by the Contract Documents upon Receipt of a Notice to Proceed. The work to be performed under this Contract will be completed within eighty -five (85) days of commencement. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at this 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 and Scope of Work. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein. The amount of this contract is $93,865. 5. The term "Contract Documents" means and includes the following: a. Agreement • b. Specifications c. Addenda d. Notice to Proceed e. Quote 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2013 OWNER: BY: Floyd T. Johnson City Manager Signed on the day of 2013 CONTRACTOR: D & R Commercial Construction BY: Russell Bourgeois Vice President CITY OF PORT ARTHUR, TEXAS City of A V rt rthur ADDENDUM NO. ONE (1) °Tcuas August 29, 2013 Bid Proposal For: Installation of Freezer in Armory Test Room 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. Addendum as follows: 1. Contractor is required to install a GFCI receptacle at the condensing unit. 2. A seal is required for each conduit before it enters the cooler. 3. The lines penetrating to the cooler must be sealed. 4. The wood floor discussed in the Pre -Bid is not required. Contractors will paint the current floor with Sherwin. Williams Macropoxy 646 Fast Cure Epoxy high temperature floor seal or equivalent. If you have any questions, please contact the Purchasing Division at 409 -983 -8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 7�Gk, Shawna Tubbs, CPPO, CPPB Purchasing Manager Signature of Proposer Date DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM ' 'r /' CITY MANAGER COUNCIL MEMBERS: Cit}? of SHERRI BELLARD RAYMOND SCOTT, JR. � �' CITY SECRETARY ELIZABETH "LIZ" SEGLER / II MORRIS ALBRIGHT, III VALECIA R. TIZENO ROBERT TROY #. t r t h !" CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas KERRY "TWIN" THOMAS AUGUST 16, 2013 INVITATION TO BID INSTALLATION OF FREEZER IN ARMORY TEST ROOM DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 4, 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, September 4, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Armory DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net Please submit questions in writing to the email above. The final day for contractor to submit questions is August 29, 2013 at 3:00 p.m. 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 15 MANDATORY PRE -BID CONFERENCE A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Installation of Freezer In Armory Test Room will be held on Tuesday, August 27, 2013 at 10:00 a.m. at the Armory Building located at 3451 57 Street, Port Arthur, Texas. The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre -Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 15 INVITATION TO BID INSTALLATION OF FREEZER IN ARMORY TEST ROOM (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 15 SPECIFICATIONS FOR INSTALLATION OF FREEZER IN ARMORY TEST ROOM PROJECT DESCRIPTION The contractor will supply and install a new walk in freezer inside the Armory Test Room. Contractor is responsible for all the electrical work & HVAC work required to operate freezer. The City attached a drawing to use with the specifications. Contractor can use the drawing as a reference, but are responsible for accuracy of measurements. Contractor must have a valid State Electrical License and State Contractors license. Contractors must pull a permit for this project, but the City will not charge the contractor for the permit. FREEZER SPECIFICATIONS 1. Supply and install a new walk in freezer. It must be 9' 10" X 19' 4" X 8' low temperature freezer box with 4" foam filled galvanized walls in and out. A. Contractor will supply ceiling, walls, and doors for the freezer. B. Contractor will set the freezer box on existing cement floor inside of vault that has been converted to the freezer room. 2. The low temperature freezer box will have a new refrigerated air cooled condensing unit that will be mounted on the ground. It will be located on the west side of the building with new refrigerant lines running down to the multi -fan evaporator that will be mounted inside of the new freezer box. 3. The new outdoor condensing unit will be a 230v 3ph and the new indoor evaporator will be a 230v 1ph with electric defrost built into the new evaporator. 4. New system will be complete with a new defrost control panel, liquid solenoid valve and temperature controls for freezer operation and a new 230v 3ph blast heater as required to attain a maximum temperature of 150 °F inside of the freezer. 5. The evaporator will be a Bohn LET180BK or equivalent. 6. The condensing unit will be a Bohn BZT060L6CF or equivalent. 7. The Contractor will have to drill through the west wall in Freezer Room into the Gun Range then through the west wall in the Gun Range to the outside for the refrigerant line. 8. The Freezer Door must contain the following. A. ESS -1 Type Double Swing. B. 4" Thick Panel. C. Must handle -20 °F TO 150 °F (Inside) TO 72 °F (Exterior) Temperatures. D. Standard 24GA Stucco Finish (White Galvanized Aluminum or Aluminum). E. 97 3/4" Wide X 95" High Opening. F. Aluminum Extruding Casing Frame (3 sided). G. Aluminum Extruding Backup Frame (3 sided). H. Jamb Capping (Contractor will determine the size). I. Bullet Hinges. J. Multi Point Rotary Compression Latch with Inside Release . K. Magnetic Door Holder. L. Standard Compression Gaskets. M. Sweep Bottom. N. 120V Heater in Frame & Lower Door Pan. 9. Contractor will meet the specifications of required units for refrigeration. They will also be required to furnish and install the slab required meeting weight load of unit and be a minimum of 2" longer and wider to install required strapping to meet 130 mph wind load. A. The location of the slab will be by the drain on the west side of the building by the Gun Range. Page 5 of 15 ELECTRICAL SPECIFICATIONS 1. The test room does not have a ceiling. 2. Contractor will install two new 2x4 water tight fixtures with zero ballast rated at 120 volts inside the freezer area. These fixtures will replace the current 2x2 fixtures in the freezer area. A. The fixture will be a Lithonia DMW240 with lamps or equivalent. B. The temperature inside the freezer will be a low of -20 °F to a high of 150 °F 3. Three receptacles are located in the freezer area. A. Two of these receptacles are quadplex. 1) Contractor will connect the quadplex receptacle located at the bottom of the east wall to the quadplex receptacle above it. B. One of these receptacles is a duplex. 1) This will have to be GFCI protected and have bubble cover installed. 2) The switch will have a bubble cover installed also. 4. There will be 3 new quadplex receptacles located on the east wall of Test Room starting from the rear corner of east wall and be spaced evenly along the East wall to the wall mounted A/C unit. Each quadplex receptacle shall be on its own circuit. Each quadplex receptacle will be mounted 48" from the floor to the bottom of the receptacle. 5. One quadplex receptacle is located inside the double doors on the West wall located by the Mini Test Chamber. Quadplex receptacle will be mounted 48" from the floor to the bottom of receptacle. 6. Contractor will install a new 400 amp 3 -phase service in the rear East side of the building. 7. The panel will contain the following. A. SQD NQ442L4 panel board interior NQ400a MLO 42 circuit. B. SQD MH5OWP panel board enclosure /box Nema3r for NQ interior. C. SQD LAL36400 Circuit breaker. D. SQD LA400N3R circuit breaker type enclosure. E. 400amp LAL Main circuit breaker. F. Panel will feed a 150 amp 30 circuit MLO panel mounted in Test Room area with all required circuit breakers and a 150 amp sub -feed breaker in 42 circuit panel feeding sub - panel. 8. Contractor must provide a sign with signage stating SERVICE 1 of 2. A. The sign will be on the North Rear Side of the Building B. The Contractor will determine placement of the sign along the North Rear Side Wall. C. The signage will be a minimum of %" letters with red letters on white background, and the electrical riser will be above the roof line, and have 500kc mill thwn wiring. 9. Contractor must provide a sign with signage stating SERVICE 2 of 2. A. The sign will be on the East Rear Side of the Building B. The Contractor will determine placement of the sign along the East Rear Side Wall. C. The signage will be a minimum of 1/2" letters with red letters on white background, and the electrical riser will be above the roof line, and have 500kc mill thwn wiring 10. Contractor must supply and install all required wiring, conduit, fittings, disconnects required for completion of this work. 11. Contractor will have Guardian Force out of Nederland TX remove the fire alarm .system strobe, cables, and smoke detector inside the freezer and test room area. 12. All Electrical panels must be Square D QO series. No Homeline panels will be accepted. Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET s, BID FOR: Installation of Freezer at Armory Test Room BID DUE DATE: September 4, 2013 -1-tivrte, ely4 itut,„ kh.e COST (JO '5 9 Install freezer in Armory C i 1 tj&Je et0)-A&ACEA,t0 Ca3 0J1 Work will be complete in g calendar days. ( VV - V\i COMPA 'AME STREET ADDRESS • - R-- cl4K . GNATURE OF BIDD P.O. BOX u■SeLL LaOrbr\TI,K, 1 GS( PRINT OR TYPE NAME CITY STATE ZIP CQI 1 -s ‘ , CL-t 1 4C P ) 3D-0-3 TITLE AREA CODE TELEPHONE NO. d ana-f'e - Z1‘1)00 ,e1DIY\ 4O9. - 155 - 1999 EMAIL FAX NO. Page 7 of 15 BID OPENING DATE: September 4, 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 h /� l �ieP`� ���5 f t�iC�S ADDRESS ?.O R 6 O CITY /STATE /ZIP Lifylvrtior T? (o, 7 SEND PURCHASE ORDER TO: COMPANY.) L ADDRESS R o g 60 CITY /STATE /ZIP LL -\ TAX IDENTIFICATION NUMBER g0 (44"a- Page 8 of 15 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. 3 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.) A 3. Name of a local government officer with whom filer has employment or business relationship. �� Name of Office f 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 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 questionnair mployed by a corporation or other business entity with respect to which the local government Officer serves as an office r director, or holds an ownership of 10 percent or more? Yes No --- — -- — D. Desc '. e e. h employment .r business relationship with the local government officer named in this section. 1.-//2 el _ 4 .... I 4. Signature of person • . ing . iness with the governmental entity Date Page 10 of 15 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 undersi ed 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. 0 - 43 Firm Na Date Tres; Icte't Authorized Signature Title - 6DiArOjr2e)IS 1- frA 7D Dag Name (please print) Telephone r. (�i...l'YUrte_) c'' ) ,heo OSah Email � REGINA OQELL MANN STATE: �F ; V • ' d = MY COM MISSION EXPIRES I ;r , ;tE *' December 17, 2014 COUNTY: . 1 L �� ., - . � 1 t' ` F'� _ _ . .... SUBSCRIBED AND SWORN to before me by the above named 5�? �,, Orneo on this the 4 day of , 20 . K f Notary P lic RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 15 CITY OF PORT ARTHUR, TEXAS l rl rl �t!! ADDENDUM NO. ONE (1) August 29, 2013 Bid Proposal For: Installation of Freezer in Armory Test Room 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. Addendum as follows: 1. Contractor is required to install a GFCI receptacle at the condensing unit. 2. A seal is required for each conduit before it enters the cooler. 3. The lines penetrating to the cooler must be scaled. 4. The wood floor discussed in the Pre -Bid is not required. Contractors will paint the current floor with Sherwin Williams Macropoxy 646 Fast Cure Epoxy high _„% temperature floor seal or equivalent. If you have any questions, please contact the Purchasing Division at 409 - 983 -8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ./ ' (� l / i ; . Shawna Tubbs, C.PPO, CPPB Purchasing Manager -- 1 3 . ignature of Proposer Date - • D&RCOMM -01 MSPAINTER ARO CERTIFICATE OF LIABILITY INSURANCE DA 6/3/2013 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT MoII Painter Arthur J. Gallagher Risk Management Services, Inc. PHONE //337 478 -5485 Fax 337 478 -8660 700 West Prien Lake Road INC. No, Eztl: ) (A/c, No): ( ) Lake Charles, LA 70601 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Wesco Insurance Company 25011 INSURED INSURER B: Texas Mutual Insurance Company 22945 D &R Commercial Construction Services, Inc. INSURER C : PO Box 8605 INSURER D: Lumberton, TX 77657 -8605 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POUCY EFF POUCY EXP LTR INSR WVO POUCY NUMBER (MM /DO/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X WPP102524101 5/1/2013 5/1/2014 DAMAGETOREIVTED 100,000 PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC I $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I $ 1,000,000 (Ea accident) A X ANY AUTO X X WPP102524101 5/1/2013 5/1/2014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS AUTOS X HIRED AUTOS X A UTOS JED PROPERTY ER ACCIDENT) $ AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ _ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED 1 RETENTION $ $ WORKERS COMPENSATION X VVC STATU- OTH- AND EMPLOYERS' UABILIT`/ Y TORY LIMITS ER B ANY PROPRIETOR/PARTNER /EXECUTIVE X SBP0001209301 2/28/2013 2/28/2014 E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? Y N 1 A (Mandatory in NH) EL. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Rented /Leased Equip WPP102524101 5/1/2013 5/1/2014 Per Item /Limit 100,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Holder is Additional Insured on General Liab (CG2010 04/13) & Auto Liab (CA0403 06/04) with Waiver of Subrogation on General Liability, Auto Liability & Work Comp as required by written contract David Gracedel excluded on Work Comp. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD E A. b - Z REFERENCES Beaumont Community Credit Union Value: $1.1 Million Address: 660 S. MLK Parkway Beaumont, TX 77706 Job description: This project is total new construction of a 3800 sq ft. design and build bank building. Veolia ES Solutions Value: $1.4 Million Address: 3.5 miles West of Taylor Bayou Bridge Port Arthur, Texas Job description: Multiple Contracts: Hurricane demo and clean up, hurricane restoration of several buildings: Office building - entire interior restoration, floors, plumbing electrical. Administration Building 14,000 sq foot - New construction including entire build out Security Building- new construction interior and exterior, concrete, glass and mill work Water Treatment building- Hurricane repair and build out Receiving Lab - Interior renovation - Hurricane IKE; framing, drywall, acoustical ceiling and flooring Deepwell Building Project — renovation Providence Presbyterian Church Value $1.6 Million Address: 5315 N. Twin City Hwy Nederland, TX 77627 Job description: This project is a total new construction 10,000 sq ft. design and build project. Our Lady of Guadalupe - Sanctuary foyer and alter remodel, Hurricane Ike repairs, guttering, painting, drywall, electrical, flooring Our Lady of Guadalupe — Construction of New Building Parish Hall Around the Clock Daycare Value $109,000 — New construction of daycare facility Address: 224 South 9 St. Nederland, TX 77627 KCS Railroad Value $250,000 - Renovations Address: 548 4 St. Port Arthur, TX 77640 Guaranty Bank Value $88,000 — Hurricane repairs Address: 8150 Memorial Port Arthur, TX 77642 Bob Hope Hughen School Value $200,000 — Demo of multi dwelling facilities, build out of 3300 sq.ft. of classrooms and multiple offices fornew high school Address: 2849 9 Ave. Port Arthur, TX 77640 Shipley's Donuts Value $438,000 — New construction of 4000 sq.ft. CMU structure for retail building and kitchen facility, includes demo and site work from ground up Address: 2913 MacArthur Drive Orange, TX 77630 First United Methodist Church Value $145,000 — Demo & remodel of multiple bathroom facilities Address: 701 Calder Beaumont, TX 77704 Shipley's Donuts Value $148,000 — Demolition & interior build out of 3200 sq.ft. Address: 710 N. Main Vidor, TX 77662 Doctor's Express Value $230,000 — New construction of medical office building Address: 3195 Dowlen, Ste. 105 Beaumont, TX 77706 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. 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. Page 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: 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 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. 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 Page 12 of 15 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 13 of 15 SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or permit any sub - contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 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 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. Page 14 of 15 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. 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. 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 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. CONTRACT PAYMENT RETAINAGE: City will hold 5% retainage till the project is completed. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 15 of 15 21' -4 .— .- -._. =3 ..— .._....__..._...__ —. 14-3' I ry GlaY 7 rn 0 n a■ r - L lc': Bat - SI aj ;-a + J .._ T I X1En - - io 4. in CD coi 2 glop - x_10 Qj u Un ,`. (D j - J � Y O n n n c G T �; 0 CD C' - 0 CT rt: g = tn. g 2 2 S 2 2 n n n n n Y