HomeMy WebLinkAboutPR 18171: CONTRACT WITH AMERICAN FACILITY SERVICES, OF ALPHARETTA, GA. FOR JANITORIAL SERVICES FOR POLICE DEPT. MEMORANDUM
Port Arthur Police Department
TO: John Comeaux, Interim City Manager
FROM: W. M. Blanton, Chief of Police
DATE: 3/24/14
Re: Proposed Resolution 18171
RECOMMENDATION
The Police Department recommends the City Council approve a proposed
resolution authorizing a contract with American Facilities Services of
Alpharetta, Georgia, in an annual amount not to exceed $46,800.00, with the
option to renew for up to two (2) additional one -year periods.
BACKGROUND
The Purchasing Department advertised for bids on February 23, 2014 and
March 2, 2014. Thirty -Six (36) bid packets were mailed and/or emailed and
seven (7) were received, with only one Port Arthur vendor. After reviewing
and evaluating the bids, the Purchasing Department recommended the award
go to American Facilities Services of Alpharetta, Georgia.
BUDGET/FISCAL EFFECT
Funds are available for this project in account #001 - 1101 - 521.32 -00.
STAFF/EMPLOYEE EFFECT
None
SUMMARY
The Police Department recommends the City Council the proposed
resolution authorizing a contract with American Facilities Services of
Alpharetta, Georgia. in an amount not to exceed $46,800.00.
P. R. No. 18171
3/24/14 - sb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH AMERICAN
FACILITY SERVICES, OF ALPHARETTA, GEORGIA,
FOR JANITORIAL SERVICES FOR THE POLICE -
DEPARTMENT, FIRE ADMINISTRATION AND
MUNICIPAL COURT BUILDINGS, IN AN AMOUNT
NOT TO EXCEED $46,800.00 ANNUALLY. FUNDS
AVAILABLE IN ACCOUNT NO. 001-1101-521.32-00.
WHEREAS, the City desires to obtain a contract for janitorial services for the Police,
Fire Administration and Municipal Court buildings; and
WHEREAS, the Purchasing Department advertised for bids which returned seven (7)
bids, which included one Port Arthur vendor, for the janitorial services for the Police, Fire
Administration and Municipal Court buildings; and
WHEREAS, the responding companies were evaluated by the Purchasing Department
who found American Facilities Services of Alpharetta, Georgia, to be the best, most
responsive bid (see bid tabulation attached hereto as Exhibit "A "; and
WHEREAS, the annual cost for this contract is not to exceed $46,800.00.
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 true and correct.
Section 2. That the City Council hereby authorizes the City Manager to enter into a
one year contract, with an option to renew for two (2) additional one -year periods, with
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American Facilities Services of Alpharetta, Georgia, for janitorial services for the Police
Department, Fire Administration and Municipal Court buildings, in a not to exceed amount
of $46,800 annually, in substantially the same form as attached hereto as Exhibit `B ".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2014, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES: Mayor •
City Council
•
NOES:
Deloris Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, Ci . ttorney
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APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
ottLattted,
Deborah Echols, Director of Finance
V G.LA.5.--/A C C ( I
Shawna Tubbs, Purchasing Manager
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EXHIBIT "A"
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EXHIBIT "B"
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JANITORIAL SERVICES CONTRACT
FOR POLICE, FIRE ADMINISTRATION AND
MUNICIPAL COURT BUILDING
THIS AGREEMENT, made this day of , 2014 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 American Facility Services, Inc. of Alpharetta, Georgia herein
acting by and through Kevin McCann, hereinafter called "CONTRACTOR" agree as follows:
WITNESSETH: That for and in consideration of the payments, terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this contract shall be from to
with the option to renew for up to two additional one -year periods. The City can
terminate this contract at its convenience, which includes, but is no't limited to,
funding not being available in any budget cycle with 30 days written notice.
2. The Contractor agrees to perform all the work described in the specifications; and
contract documents and comply with the terms therein in the amount not to exceed
$46,800.00 annually.
3. The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Information for Bidders
(C) BID
(D) General Conditions
(E) Specifications
(F) Notice to Proceed
4. This agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
5. 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 written above.
Signed on the day of , 2014.
CITY OF PORT ARTHUR
By:
John A. Comeaux, P. E.,
Interim City Manager
ATTEST:
Sherri Bellard,
City Secretary
Signed on the day of , 2014.
AMERICAN FACILITY SERVICES, INC.
By:
Kevin McCann
ATTEST:
DELORIS "BOBBIE" PRINCE, MAYOR / JOHN A. COMEAUX, P.E.
ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM � ' ' / ACTING CITY MANAGER
Energy
COUNCIL MEMBERS: City of C'e SHERRI BELLARD
CITY SECRETARY
RAYMOND SCOTT, JR.
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT, III p r t rthur VAL TIZENO
ROBERT TROY . CITY ATTORNEY
WILLIE "BAE" LEWIS, JR. Texas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
FEBRUARY 24, 2014
INVITATION TO BID
Janitorial Services for Police, Fire Administration, and Municipal Court
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 12, 2014. (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, March 12, 2014 in the City Council Chambers, City Hall, 5 Floor, Port Arthur,
TX. You are invited to attend.
MARK ENVELOPE: Janitorial
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
Yolanda Scypion - Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
Yolanda @portarthur.net
Purchasin &Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB
P.O. Box 10891444 4th Street 1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be
placed in a sealed envelope, with the Vendor's name and address in the upper left -hand corner of
the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed
ITB submittal arrives at the above location by specified deadline regardless of delivery method
chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted.
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
Page 2of17
INVITATION TO BID
Janitorial Services for Police, Fire Administration, and Municipal Court
(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:
Page3ofl7
MANDATORY
PRE -BID CONFERENCE
A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for The Janitorial Services for the Police Department, Fire
Administration and Municipal Court will be held on Tuesday, March 4, 2014 at 10:00 a.m.
at the Port Arthur Police Department located at 645 4 Street, Port Arthur, Texas.
The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is
fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to
resolve any problems that may affect the project construction. No addendum will be issued at
this meeting, but subsequent thereto, 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 4 of 17
SPECIFICATIONS
JANITORIAL SERVICES FOR POLICE DEPARTMENT,
FIRE ADMINISTRATION AND MUNICIPAL COURT
SCOPE OF SERVICES:
To set forth the requirements and conditions for performing Janitorial /Cleaning services for the
locations listed below. The bidder shall perform the required services in all areas and shall be
qualified to furnish a complete and efficient custodial service, including all labor, supervision,
cleaning materials and equipment. The successful bidder(s) shall be prepared to perform each
task as stated according to the work schedule.
CONTRACT PERIOD:
The term of this contract shall be for one (1) year with the option to renew two (2) additional
one year periods.
AREAS TO BE CLEANED:
645 4 Street- Police Department.
645 4 Street - Municipal Court.
300 Waco Ave. -Fire Administration.
SQUARE FOOTAGE:
The area to be cleaned is approximately 64,128 square feet of floor space, consisting of various
types of flooring, wall, door, and window material.
SERVICE TIMES:
All work which interferes with the work of employees, such as buffing or vacuuming, shall be
done after 5:00 p.m., CST, or as requested by Department personnel.
The vendor is to provide a minimum of one custodian seven (7) days per week, eight (8) hours
per day, 7:00 a.m. to 4:00 p.m., and one (1) hour for lunch, to perform usual daily custodian
duties in open work areas, offices, rooms and hallways. One (1) employee is to do all floor work
anytime other than 7:00 a.m. to 5:00 p.m. Monday through Friday.
EMPLOYEES:
Contractor shall supply sufficient employees to maintain the buildings as required in these
specifications. Personnel performing work under this contract shall be direct employees of the
Contractor. The Contractor must ensure that all personnel assigned to this work site have at least
one year's experience in the janitorial services industry, either with the contractor or another
janitorial company. Should the maintenance of the building deteriorate, the Contractor will be
notified, in writing, and steps shall be taken by the Contractor to correct all problems. If the
situation has not improved after a reasonable length of time, the Contractor shall be in violation
of the contract and appropriate action shall be taken to rescind the contract.
The City of Port Arthur shall have the right to require the dismissal from the premises covered
by the contract any employee(s) whose conduct is improper, inappropriate, or offensive as
Page 5 of 17
determined by the City of Port Arthur. Any employee who has been dismissed from working on
this contract shall not be allowed to return to the premises without the written consent of the
City. Personnel not employed by the Contractor (including minors not employed by the
contractor) shall not be permitted on the work premises.
All potential employees who are assigned to work at the Police Department will have to pass a
background and criminal investigation, as per TCIC/NCIC regulations. Employees must be a
U.S. citizen or legally documented worker. The company must provide names and date of birth
and also social security numbers of these prospective employees to the Police Department.
Employees must be physically and mentally capable of operating cleaning equipment and
carrying the work load.
Employees and /or custodians must be able to effectively communicate the English language both
orally and in writing.
INSPECTION:
The quality of the janitorial services performed under this contract shall be observed.
Unscheduled job -site inspections will be performed by the City Representative. Any deficiencies
or unsatisfactory performance shall be noted, and corrective action by the Contractor will be
required. Continued failure to abide by the City's specifications will be grounds for termination
of the contract. A minimum of one (1) monthly daylight inspections will be made by the City
Representative and Contractor's representative.
REFERENCES/EXPERIENCE:
Each Bidder shall submit with their bid a list of three (3) commercial references for their
performance of similar janitorial services. Preferred references are those of similar size and
scope of work performed within the past three years. Please include name, address, and
telephone number of business along with the name and title of the contact person. Bidder shall
have a minimum of five (5) years of documented janitorial service experience.
The Contractor is responsible for instructing his /her employees on appropriate safety measures,
including but not limited to safe use of all chemicals, materials and supplies used to perform
these services. Walkways and halls shall be kept free of unattended mops, brooms, machines and
other tools. "Wet floor" signs shall be displayed in areas being wet or damp mopped. Signs shall
be removed and stored after floors have dried.
The contractor shall accompany a Designated City Employee on a tour throughout the areas to
receive this janitorial service to establish and mutually agree upon the condition of surfaces,
fixtures, furnishings and other City and personal property before starting work on this contract.
Surfaces, fixtures or furnishings subsequently damaged by the contractor's employees shall be
replaced or repaired to original condition, at no cost to the city.
The contractor shall obtain and maintain in effect throughout the duration of this contact, all
insurance required by the City of Port Arthur.
Page 6 of 17
SUPPLIES FURNISHED BY CONTRACTOR:
Contractor shall furnish all materials and equipment including, but not limited to, cleaners, bowl
cleaner, wax remover ,wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, non -
motorized vacuum, cloths, furnish polish and anything else pertaining to cleaning as well as
plastic liners for trash containers.
Contractors shall supply eight (8) 4' X 8' mats and four (4) 2' X 6' shower mats. Mats must be
changed out on a weekly basis.
SUPPLIES NOT TO BE FURNISHED BY THE BIDDER:
The bidder is not required to furnish paper towels, toilet tissue, light bulbs and sanitary covers
for the toilet seats. These supplies will be stored in various areas of the facilities.
PRODUCT REQUIREMENTS:
Johnson's Over and Under), along with Step Ahead on floors or equal products. All States
Chemical's Lemon Glo Furniture Polish for wood desks and tables or equal. Swer dusters for
dusting in the Dispatch Center. Fabuloso for general cleaning. Franklin's Disappear when
mopping rest room floors only. A bleach mixture should be used when mopping restroom floors.
NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF
REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.
FLOORS:
The tile floors of the Police Department, Municipal Court and Fire Administration are to be
swept and damp mopped Monday through Friday. Carpet floors are to be vacuumed daily and
shampooed as needed or as requested by Department personnel. Carpet floors in the Dispatch
Center must be vacuumed by a non - motorized device. The carpet in the Courtroom must be
vacuumed between the hours of 8:00 a.m. and 9:00 a.m. Monday through Thursday. Mechanical
Room floors will be swept and damp mopped with a clean mop weekly.
WASTEBASKETS:
All wastebaskets are to be emptied daily, carrying all trash to the pick -up area. Trash bags are to
be changed as necessary. Wastebaskets are to be washed out and disinfected as needed or as
requested by Department personnel. The two trash containers at the front entrance to the station
will be emptied daily. The cigarette extinguishing buckets at the front and rear of the Police
Station are to be emptied weekly.
GLASS:
All glass doors, windows and partitions in the Police Department, Fire Administration and
Municipal Court are to be cleaned daily. All outside doors and windows are to be cleaned on the
1s of each month, or as needed or specified by Department personnel.
WATER FOUNTAINS:
All water fountains are to be cleaned and polished daily with a stainless steel cleaner.
Page 7 of 17
FURNITURE:
All desks, chairs, lamps, tables, couches, file cabinets, counters, telephones, etc. are to be dusted
as needed every Monday and Thursday. Additionally, all furniture and areas underneath
furniture shall be kept free from dust at all times. The tops of all bulletin boards, dry erase
boards, window sills, etc. shall be cleaned weekly or as needed.
SWITCH PLATES, WALLS AND PARTITIONS:
These should be cleaned weekly or as requested by Department personnel. Doors, door frames
or facings should be spot cleaned as needed. Fire extinguisher cabinets are to be kept free of
trash and cleaned daily.
RESTROOMS:
The restrooms should be swept and mopped with a clean mop daily with hot water and
disinfectant. The water used to mop the restrooms shall not be used to mop anywhere else. All
waste containers should be emptied. All fixtures should be cleaned and polished. All lavatories
and sinks should be cleaned and sanitized. All toilet bowls and urinals are to be cleaned and
disinfected daily and kept free of scale or other residue. This includes the sides and underneath.
All soap and paper dispensers shall be refilled as needed. All tile walls, doors and shower stalls
in restrooms shall be cleaned and disinfected weekly.
LOCKER ROOMS:
The floors to locker rooms shall be swept and mopped with a clean mop daily. The floors shall
be scrubbed and sanitized once a month. The tops of the lockers shall be dusted weekly and be
left clear of debris.
VENTS, GRILLS, LIGHT FIXTURES AND CEILING TILE GRID:
These must be cleaned the 2 week of the month, or as requested by Department personnel. At
no time should there be visible dust /lint on the A/C grills.
EXERCISE ROOM:
Carpet is to be vacuumed daily and windows cleaned on an as needed basis.
BREAKROOM:
The sink area, microwave and stove will be cleaned daily. All tables and chairs will also be
cleaned daily. The exterior of the refrigerator, ice machine and vending machines will be wiped
down daily. This shall apply to the Police Department and Fire Administration kitchen areas.
MIRRORS:
These are to be cleaned with mirror cleaner daily.
ELEVATOR:
The elevator floor shall be kept clean at all times. The doors and walls shall be wiped down
daily and the floor damp mopped as needed.
STAIRWAYS:
All stairways will be swept daily and hand rails kept clean. The stairs should be damp mopped
with a clean mop as needed.
Page 8 of 17
CITY OF PORT ARTHUR, TEXAS
13II) SHEET
Bill FOR: Janitorial Services for Police, Fire and Municipal Court
BID DUE DATE: March 12, 2014
QTY UOM DESCRIPTION UNIT COST TOTAL COST
12 Months Janitorial Services for Police, Fire
and Municipal Court $ 3,900.00 $ 46,800.00
A. m erica _J 32 U 1' n illintha ri 1 Csatt Ste-.A__
C OMPAN L ME STREET ADDRESS
A;N RI:; OF BIDDER P.O. 130X
Kevin McCann - Alpharetta, GA 30004
PRINT OR TYPE NAME CITY STATE ZIP
President 770 -740 -1613
l E AREA CODE TELEPHONE NO
kmccann @amfacility.com 770- 475 -7720
EMAIL FAX NO.
Page 9 of 17
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer oldie company whose signature is binding.
The undersigned offers and agrees to one of the following:
X 1 hereby certify that 1 do not have outstanding debts with the City of Port Arthur. 1
further agree to pay succeeding debts as they become due.
_ — I hereby certify that I do have outstanding debts xvith 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.
1 hereby certify that 1 do have outstanding debts with the City of Port Arthur and agree
to enter into an agreen in for the payment of said debts. I further agree to pay succeeding debts
as they become due
American - it : rvices 3/7/2014
Firm Nat , r Date
' ,/ President
A. /orr Signature Title
Kevin McCann 770 -740 -1613
Name (please print) Telephone
kmccann@amfacility.com
Email
STATE: GA
A. COUNTY: Fulton
SUl3SCRJBE AND SWORN to before me by the above named Kevin McCann 2.':': =.
l)
on this the 7 day of Mqarch 2 14
No' a , Public - --
RETURN THIS AFFIDAVIT AS PART OF THE 1 D PROPOSAL'
Page 10 of 17
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.S. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed In accordance with Chapter 176, Local Govemment Code Date Received
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 7th 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.
J Name of person who has a business relationship with local governmental entity.
Not Applicable
J •
El Check this box if you are filing an update to a previously fled questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally fled questionnaire becomes incomplete or Inaccurate.)
Name of local govemment officer with whom filer has employment or business relationship.
None
Name of Officer
This section (item 3 including subparts A, B, C & D) must be compteted for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1 -a), Local Govemment Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
El Yes I 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 govemment officer named In this section AND the taxable income is not received from the local
governmental entity?
El Yes n No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
govemment officer serves as an officer or director, or holds an ownership of 10 percent or more?
n Yes No
D. Describe each employment or • sin - relationship with the local govemment officer named in this section.
4 /
03/24/2014
Ignature of person doing business with the governmental entity Date
■
Adopted 06/29/2007
•
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GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the
City of Port Arthur the required information specified in Bid or Proposal Specifications
listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The
absence of such a list shall indicate that the bidder has not taken exceptions and the City shall
hold the bidder responsible to perform in strict accordance with the specifications of the
invitation. The City reserves the right to accept any and all or none of the
exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineations, alteration, or erasure made before opening time must be initialed by the signer of
the bid, guaranteeing authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance
with these specifications. The award shall be made to the responsive, responsible bidder who
submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the
City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such
bids as it shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur
and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of
the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in
accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C,
Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Port Arthur.
Page 12 of 17
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.
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.: Police
Department P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of
the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt
Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment
is due 30 days from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
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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
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
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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.
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
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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.
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.
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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.
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