Loading...
HomeMy WebLinkAboutPR 18800: CONTRACT WITH BASCO CONSTRUCTION, INC. REPLACE TOILETS AND URINALS AT ROBERT A. "BOB" BOWERS CIVIC CENTER Memorandum Robert A. "Bob"Bowers Civic Center TO: John A. Comeaux, P.E., Interim City Manager FROM: Adam J. Saunders, Civic Center Director DATE: 12/29/14 SUBJECT: Proposed Resolution No. P.R. #18800 RECOMMENDATION The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Basco Construction, Inc of Nederland, Texas, for replacement of toilets and urinals at the Robert A. "Bob" Bowers Civic Center in the amount of $14,899.00. BACKGROUND The Civic Center is in need of new toilets and urinals in all restrooms. The Purchasing Division held a mandatory pre-bid meeting at the Civic Center. Five proposals were submitted. Those submitting a proposal are as follows: • Basco Construction, Inc Nederland, Texas $14,899.00 • All Star Plumbing Beaumont, Texas $38,783.75 • LLB Construction Port Arthur, Texas $28,197.50 • D&R CCS Lumberton, Texas $23,400.00 • Premium Plumbing Co., Inc Beaumont, Texas $25,228.00 BUDGETARY AND FISCAL EFFECT Charge to Account Number 001-1061-518.32-00 STAFFING EFFECT None SUMMARY The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Basco Construction, Inc. of Nederland, Texas, for replacement of toilets and urinals at the Robert A. "Bob" Bowers Civic Center in the amount of $14,899.00. Memorandum Robert A. "Bob"Bowers Civic Center TO: John A. Comeaux, P.E., Interim City Manager FROM: Adam J. Saunders, Civic Center Director DATE: 12/29/14 SUBJECT: Proposed Resolution No. P.R. #18800 RECOMMENDATION The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Basco Construction, Inc. of Nederland, Texas, for replacement of toilets and urinals at the Robert A. "Bob" Bowers Civic Center in the not to exceed amount of$14,899.00. BACKGROUND The Civic Center is in need of new toilets and urinals in all restrooms. The Purchasing Division held a mandatory pre-bid meeting at the Civic Center. Five proposals were submitted. Those submitting a proposal are as follows: • Basco Construction, Inc.,Nederland, Texas $14,899.00 • All Star Plumbing, Beaumont, Texas $39,783.75 • LLB Construction, Port Arthur, Texas $28,197.50 • D&R CCS, Lumberton, Texas $23,400.00 • Premium Plumbing Co., Inc., Beaumont, Texas $25,228.00 BUDGETARY AND FISCAL EFFECT Charge to Account Number 001-1061-518.32-00 STAFFING EFFECT None SUMMARY The Robert A. "Bob" Bowers Civic Center recommends the City Council enter into a contract between the City of Port Arthur and Basco Construction, Inc. of Nederland, Texas, for replacement of toilets and urinals at the Robert A. "Bob" Bowers Civic Center in the not to exceed amount of$14,899.00. P. R. NO. 18800 12/29/14 AS RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BASCO CONSTRUCTION, INC. OF NEDERLAND, TEXAS, TO REPLACE TOILETS AND URINALS AT THE ROBERT A. "BOB" BOWERS CIVIC CENTER IN THE NOT TO EXCEED AMOUNT OF $14,899.00. FUNDING AVAILABLE IN CIVIC CENTER ACCOUNT NUMBER 001-1061-518.32-00 WHEREAS, the Robert A. "Bob" Bowers Civic Center toilets and urinals are aged and in need of replacement; and WHEREAS, the Purchasing Division held a mandatory pre-bid meeting at the Civic Center on December 11, 2014; and WHEREAS, five bids were received as delineated in the Bid Tabulation attached hereto as Exhibit"A"; and WHEREAS,Basco Construction, Inc. of Nederland, Texas, submitted the lowest and most responsive bid for replacement of toilets and urinals at the Robert A. "Bob" Bowers Civic Center in the amount of$14,899.00; and WHEREAS, the City Council deems it is in the best interest of the City to award the bid to replace toilets and urinals at the Civic Center to Basco Construction, Inc. of Nederland, Texas. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That, the facts and opinions are true and correct. Section 2. That, the City Council authorizes the City Manager to execute a contract between the City of Port Arthur and the Basco Construction, Inc. of Nederland, Texas, to replace toilets and urinals at the Robert A. "Bob" Bowers Civic Center, in the not to exceed amount of $14,899.00, 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, this day of January, 2015, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia Tizeno, pi Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager APPROVED AS TO AVAILABILITY OF FUNDS: eborah Echo s, Director of Finance (0(f414 hawna Tubbs, Purc sing Manager { EXHIBIT "A" - 3 \ A t / / o c e 7 = q \ = 0 r / 3 / P §F o o ] - n n d , § = n \ o Y 2 - e o m g 2 \ / a) \ ƒ . S.= / ƒ k E \ m— \ ° et z / 7 ® � � c,'' M n \ / 0 E - Q _y c R 0 « © K co ¢ q 0 H ƒ / ° 0 k X E o 2 k' ¢ ot \ J > A - 5 r tz w \ uj - = « 2 § 2 / ¥ / * g n §` R r - H m - R /co � - A / o 2 / - 0 9 - - = \ / e N.) ^ = k C R^ 3 O c 2 A 93 C E ^ 0 - n / 2 / el a X 15 _ C ƒ U 0" 7 n E m o . NJ 9 n ] o © % n c -1 b m ] X E p EXHIBIT "B" CONTRACT FOR REPLACEMENT OF TOILETS & URINALS IN ROBERT A"BOB" BOWERS CIVIC CENTER THIS AGREEMENT, made this day of January, 2015, 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 by and through B asco Construction, Inc., hereinafter called "CONTRACTOR". WITNESSETH: That, for and in consideration of the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for thirty (30) days from the date stated on the Notice to Proceed, unless interference with events, or sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty (30) days written notice. All work shall be performed during agreed upon times and dates as not to interfere with events taking place at the Robert A. "Bob" Bowers Civic Center. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work, which is included in the 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 noted in the Project Proposal. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for in the not to exceed amount of$14,899.00. 5. The CONTRACTOR will commence the work required by the Contract Documents upon receipt of a Notice to Proceed. 6. The term "Contract Documents" means and includes the following" a. Agreement b. Invitation to Bid c. General Information d. Specifications e. Bid f. Notice to proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P.E., Interim City Manager CONTRACTOR: BASCO CONSTRUCTION, INC. BY: Print Name: Title: DELORIS"BOBBIE"PRINCE,MAYOR � JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: I4) SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. 41111 CITY SECRETARY TIFFANY HAMILTON o r t r t]t It" MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Tc.rtr� CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK NOVEMBER 26, 2014 INVITATION TO BID REPLACE TOILETS AND URINALS IN CIVIC CENTER BATHROOMS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, December 17, 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, December 17, 2014 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:Bid#P15-020 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,4th 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 clifton.williamsna,portarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I 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. 611:69A4 119 , Shawna Tubbs,CPPO, CPPB Purchasing Manager Page 2 of 14 MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders to Replace Toilets & Urinals at the Civic Center Bathrooms will be held on Thursday, December 11, 2014 at 2:00 p.m. at the Civic Center located at 3401 Cultural Center Drive, 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 14 INVITATION TO BID REPLACE TOILETS AND URINALS IN CIVIC CENTER BATHROOMS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 14 SPECIFICATIONS FOR REPLACE TOILETS AND URINALS IN CIVIC CENTER BATHROOMS SPECIFICATIONS TO REMOVE OLD URINALS AND TOILETS IN THE CIVIC CENTER RESTROOMS AND REPLACE WITH NEW URINALS AND TOILETS (1) Remove a total of 28 toilets,and 9 urinals from the Men's and Women's Restrooms (2) Contractors must replace the removed urinals and toilets with new ceramic toilets and urinals. (3) Provide and install new manual flush valves on all new toilets and urinals (4) Contractor must remove all of the old fixtures and all debris from site. (5) Drawing is attached (6) Civic Center will provide the dates of events a. Depending on the time frame gaps between events, the contractor may need to discuss options with Civic Center Director. Page 5 of 14 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Replace Toilets & Urinals at Civic Center Bathrooms BID DUE DATE: December 17, 2014 COST Replace Toilets &Urinals at Civic Center Bathrooms $ 14,899.00 Work will be complete in 30 calendar days. Basco Construction Inc. 1120 Hwy 69 North COMP• Y NAME STREET ADDRESS P.O. Box 1025 S N• TU F BIDDER P.O. BOX Irby W. Basco Nederland, Texas 77627 PRINT OR TYPE NAME CITY STATE ZIP President 409-722-4434 TITLE AREA CODE TELEPHONE NO. BC11025 @aol.com 409-722-6428 EMAIL FAX NO. Page 6 of 14 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.4,4_ Signature: Printed Name: Irby W. Basco Title: President Company: Basco Construction Inc. Date: 12-17-14 SUBSCRIBED and sworn to before me the undersigned authority by the 17 of, DEC on behalf of said ROIOCiA Notary Public and for the State of Texas My commission expires:g/391 ..ai ARyAB99°'1 V `0: r e..;•49.ES •,,;!till . Page 7 of 14 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: x I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Basco construction Inc. 12-17-14 Firm e Date President Authorized ` ature Title Irby W. Basco 409-722-4434 Name (please print) Telephone BCI1025 @aol.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Irby W. Basco on this the 17 day of December , 20 14 (DVI;14.' 0,/1/14/1_, Notary Publi :•�p1PRY oG.9� • RETURN THIS AFFIDAVIT AS PART OF THE BID PROPO L••: paFrExPS ,••'•RES `•py�2016• .�.;��. Page 8 of 14 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the la by H.B. 1491, 80"'Leg., Regular Session. This questionnaire is being filed in accordance wi -I Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a) wit a local go ernmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be files with the re rds administrator of the local governmental entity not later than the 7th business day after the date the person becomes ,ware of fact that require the statement to be filed. See Section 176.006, Local Government Code. A person commits a offense if the p son knowin y violates Section 176.006, Local Government Code. An offense under this section is a Class C demeanor. 1.Name of person ho h.s a busin ss relationsh with local governmental entity. 2. Check this box if ys are ding an upda e to a previously filed questionnaire. (The law requires that :u Ile an update completed questionnaire with the appropriate filing authority not later than 7th business day after the ..to the origina ly filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government offic: with whorls filer has employment or business relationship. Na,-ne of Officer This section(item 3 including subparts A, B,C,&D)must be comple e, for each offic,r with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Lo, • Government C•de. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receivin o e y to recei e taxable income, other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving cr likely to receive i:xable income, other than investment income, from or at the direction of the local government officer r amed in this secti i AND the taxable income is not received from the local governmental entity? Yes . No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 9 of 14 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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 10 of 14 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.: Civic Center, 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 1 1 of 14 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 12 of 14 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$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 13 of 14 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. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14 APPENDIX A DRAWING f i i i r H ° [e U n N .1 fi r. 01 g is a Di 3 N 3 N CS 0 r OE c2 3 0 3 co 3 c,,,' r6 ro I_s F to A PI A Cl G 2 N Q N C I 1 ° C xl rn w x 0 0 3 Basco Construction Inc Estimate Basco Construction Inc P.O. Box 1025 Date Estimate# Nederland, TX 77627 12/17/2014 142741 Name/Address Port Arthur Civic Center Port Arthur, Tx Project Description Qty Rate Total We propose the following. Re: Civic Center Urinals and Toilets # P15-020 We propose to remove and install 28 toilets with Manuel flush valves and 9 urinals with manual flush valves. Repair and paint sheetrock after installation. Construction cost 14,899.00 14,899.00T Subtotal $14,899.00 Sales Tax (0.0%) $0.00 Total $14,899.00 Phone# 409-722-4434