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HomeMy WebLinkAboutPR 19591: M. KAUFMAN, REDWINE ENTERPRISES AND MID COUNTY LAND COMPANY, LTD, ROSS RIDGE SAND COMPANY, LP, EXCAVATING AND HAULING OF MATERIALS 1 City of VLF\ D 4 ort rthrrr Texas INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. To: Brian McDougal, City Manager From: Armando Gutierrez, Jr., P.E., Public Works Director Date: November 28, 2015 RE: P. R. 19591 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 19591, approving the one year contracts, with the option to renew for two additional one year periods, with Ross Ridge Sand Company, L.P. of Vidor, Texas, and Mid County Land Company, Ltd., J. M Kaufman and Redwine Enterprises, of Port Arthur, Texas, for excavating and hauling of materials. This contract has a projected budgetary impact of$800,000 per year. This service will be provided on an as needed basis. STAFF ANALYSIS: None. BACKGROUND: This an annual contract for excavating and hauling materials for the Public Works Department and other City departments. Historically the City Landfill, Streets Division, and Parks Departments have been the major users of this service. BUDGET CONSIDERATIONS: Funds are available in Landfill Account#403-1274-533.59-02. rtb "Remember we are here to serve the Citizens of Port Arthur" P. R. 19591 11/07/16 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST YEAR OF THE CONTRACTS WITH J. M. KAUFMAN, REDWINE ENTERPRISES AND MID COUNTY LAND COMPANY, LTD. OF PORT ARTHUR, TEXAS, AND ROSS RIDGE SAND COMPANY, LP OF VIDOR, TEXAS FOR THE EXCAVATING AND HAULING OF MATERIALS WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL ONE YEAR PERIODS WITH PRICES BEING ADJUSTED ACCORDING TO THE TRANSPORTATION CONSUMER PRICE INDEX, WITH A PROJECTED BUDGETARY IMPACT OF $800,000.00 PER YEAR. FUNDING AVAILABLE IN LANDFILL CONSTRUCTION ACCOUNT 403-1274-533.59-02. WHEREAS, the City requires the services of a contractor to provide for excavating and hauling of materials for various projects within different departments; and, WHEREAS, four bids were opened on September 7, 2016, for the above referenced material and have been evaluated by Public Works and Purchasing as shown in the Bid tabulation attached as Exhibit"A"; and, WHEREAS, there are three bid item descriptions that have the same bid costs by multiple contractors; and, WHEREAS, the City received identical bids for Item A.4. Top Soil from Mid County Land Company, Ltd. and J.M. Kaufman; and, WHEREAS, the City received identical bids for Item B.3. Clay from Mid County Land Company, Ltd., J.M. Kaufman and Redwine Enterprises; and, WHEREAS, the City received identical bids for Item B.4. Top Soil from J.M. Kaufman and Redwine Enterprises; and, WHEREAS, Section 271.901, Texas Local Government Code states that a municipality will pick the lowest bidder by lot in the case of identical bids where there are three of four bidders are Port Arthur residents; now, therefore, P. R. 19591 11/07/16 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, in the presence of the governing body, and in a manner prescribed by the mayor, lots were cast and was selected as the lowest and most responsive bidder (first choice), and rendering as the alternative choice for bid item A.4. Top Soil; and, THAT, in the presence of the governing body, and in a manner prescribed by the mayor, lots were cast and was selected as the lowest and most responsive bidder (first choice), and rendering as the alternative choice for bid item B.3. Clay; and, THAT, in the presence of the governing body, and in a manner prescribed by the mayor, lots were cast and was selected as the lowest and most responsive bidder (first choice), and rendering as the alternative choice for bid item B.4. Top Soil; and, THAT, the City Council hereby award contracts for the Excavation and Hauling of Materials to Ross Ridge Sand Company, LP of Vidor, Texas, Mid County Land Materials, Ltd., J.M. Haufman and Redwine Enterprises of Port Arthur, Texas; and, THAT, the City Manager is hereby authorized to execute the contract for excavating and hauling of materials with a projected budgetary impact of $800,000, with the option to renew for two additional one year periods, with prices being adjusted according to the Transportation Consumer Price Index, with Ross Ridge Sand Company, LP of Vidor, Texas, (in substantially the same form as attached as Exhibit "B"), Mid County Land Materials, Ltd. of Port Arthur, Texas, (in substantially the same form as attached as Exhibit "C"), J. M. Kaufman of Port P. R. 19591 11/07/16 substantially the same form as attached as Exhibit "D") and Redwine Enterprises of Port Arthur, Texas (in substantially the same form as attached as Exhibit"E"). 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. 2016 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Councilmembers: Noes: Mayor ATTEST: Sherri Bellard City Secretary I'PRO 'I D AS TO FO' • APPROVED AS TO AVAILABILITY OF FUNDS Ar 1 Ai Valeci.� iz- 41"111 /VazA � City Atto ey , Jerry Dale, CPA, CGFO fJ ttt'0 Director of Finance APPROVED FOR ADMINISTRATION: OYl Co (I ifton Williams, CPPO Brian McDougal Acting Purchasing Manager City Manager Armando Gutierrez, Jr., P.E. Director of Public Works P. R. 19591 11/07/16 Exhibit A n ' A d w N (� W N W N n n n n nnnn nnnn 0 ,. c a c .o ' ara n_ = n. 3' et n . A CD C. ". N• A "'d S A� A O -I n. A: A .. Z Z R A en A7 cmstz vs D.. O n �. A 4 7QO O O © IQ A v O co" C a elet St C "I ISI 7� p "'C < w D D D D o o, O� 1—i Go `C .ti o -z� Z Z 2 0 0 0 ICI C- O U� D D o 0 o a o 0 0 `� o X -s Z Z Z Z m• '�rC K V C C D D D a r— a -a_ C'" m w fD ~ o x n. Z o d z z z z = C o a a o ril o = o � r' 3 n z z WkA .EA IZ kA °, cr n Y D w o o v� D •o o cN., D 2 4' H zzzz t.• C- X D D D D ,- a = Ckl sID c CO EA -E EA _ °' C..4 0 0 0 0 0 4 > o Q Q o • z z • z z a -< cfl ss c� o o D D o CN D a N N P�• E O H (.A X ' O O O O C- o O O O O 0 A n. i "r7 -o zzzz � et0. o D D D D o a z z � , � � � � � � Y D m 0 0 0 0 0 0 0 O O O O O w VI O .. zzzz ' H X D D D Y C- "? 0 c. P. R. 19591 11/07/16 Exhibit B P. R. 19591 11/07/16 CONTRACT FOR EXCAVATING AND HAULING OF MATERIALS THIS AGREEMENT,made this the of ,2016,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 Ross Ridge Sand Company,L.P. , 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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with the option to renew for two additional one year periods, unless 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. Prices quoted shall be indexed for the next year using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $10.60/CY Picked up at Plant Location Items Unit Cost Fill Sand $4.40/CY 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Specifications 4) Bids 5) General Information 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 19591 11/07/16 6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2)copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur Ross Ridge Sand Company, L.P. BY: BY: Brian McDougal Representative City Manager 411 DERRICK FREEMAN"PRINCE,11.11 OR RAI NIOND S(0fl,JR.1(.11 OR PRO TEM13R('I 11( G.11. CITI MAANN AGER COUNCIL MENIBERS: • 14;i SHERRI BELL.%RD,TR1J(" TIF t ANY HAMILTON / r i CITY SECRETARY NFORRIS ALBRIGHT.III r`.. KEITH RICHARD I".aL TIZENO WILLIE"B.1E" LEWIS,JR, i1 T t rl 1[ CITY.ATTORNEY oSN1.aN SWAT! ('11.1R1.orrE MOSES KAPRIN.1 RICH.IRDSON FRANK AUGUST 16,2016 INVITATION TO BID Excavating & Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 7, 2016. (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 7, 2016 in the City Council Chambers. City Hall. 5`11 Floor. Port Arthur. TX. You are invited to attend. MARK ENVELOPE:P16-057 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.«illiams'uportarthurtx.2o� • Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 108914E-1-k 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. Clifton Williams. CPPB Acting Purchasing Manager Pa;e 2 of 16 • INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (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 Ygs 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? J Comments/Other Suggestions: Company Name: OScl c- �� c, 13MPfN (14 , 1- 42- Person Completing Form: Telephone: r ncz ,i Li 01 16 'j - I 30 Mailing Address: Email: 3 g —LH ( U ,4- r 0s r of" City, State, Zip Code: Date: ')cIo r ,T t7 q Page 3 of 16 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGE 7 & 8. MAKE SURE TO FILL IN PRICE AND THE DAYS. B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 11 (IF THERE IS NO CONFLICT BIDDER MUST WRI1'h N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 16 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm. and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner. the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. • Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways. Streets. and Bridges. Item 520 --Weighing and Measuring Equipment'. Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5 of 16 CITY OF PORT ARTHUR,TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators. and inclusive of all fuel. maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule. depending on urgency of need. the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites. including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass. TX. 8. Limestone. hot mix asphaltic concrete type material. cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites. including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass. TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard. or along 25`" Street at the Motiva fresh water reservoir. Pane 6of16 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID FOR: Excavating&Hauling of Materials BID DUE DATE: September 7, 2016 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (including Sabine Pass) ITEM # DESCRIPTION BID AMOUNT Fill Sand $ 1 O • 0 CY 2 60/40 $ jJ. CO CY 3 Clay $ 1 v . U CY 4 Top Soil $ /A CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ t{, (w CY 2 60/40 $ Li. L(.v CY 3 Clay $ L', q CY 4 Top Soil $ n CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or LI hours. LOCATION OF PRIMARY BORROW PIT: f e d ---RLOCATION OR SECONDARY BORROW PIT: 0 S' C;4-.1 �- Di-, j _ , — 1 Signature of Bidder Date Page 7 of 16 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. Signature: J, 1 -,—/ Printed Name: 2kt2- .V, 'p, r n e Title: m A n A 5.2.1 Company: 1 ufr R.1 ci c find Ca r^ i0E Y1 I ( •P. Date: 0 9 _ OLIL SUBSCRIBED and sworn to before me by the above named k A h Tc ( (\e- / on this the i day ofS, P , 20 I G. 61,,Li- ____ .........- Notary Public in and the Shea L HenInU State of Texas ,i,;-.1._, Notary Put&c td911", Nab dillies � Commission Expiration My commission expires: a ' Li '010 af1o4/`b2o Notwry ID 012481484.7 Page 9 of 16 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ /A TON $ TON 2 HMAC type material $ N /1" TON $ N /I\ TON 3 Cement Stabilized Sand $ SIA TON $ /( TON 4 Concrete Debris $ N /A TON $ A\ TON Equipment and drivers/operators will be made available /' hours or n /''days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICKUP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $3S3U /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: '�1 10 4 Q r I An , ‘4 • The City reserves the right to award the bid by class of work, or the entire bid to one (1)responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. ."--8 osS-Af4 CopeAN,L .P -71-1 I 0 COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX 'E.,- h 1Uf ne V V 'Ida ( T . --)i (c) (33 PRINT OR TYPE NAME CITY STATE ZIP t`{111\ n �� qo 1 - - /430 TITLE AREA CODE TELEPHONE NO (01r rig5SAAJ-Corr- 1169 — —) 69 J ( 0 EMAIL FAX NUMBER Page 8 of 16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: ✓ I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.p np �j 1055n1C) L SPRIJ cornu a 1 - - 1 Firm Name---�— / Date Authorized Signature Title R.9 rl- h I filer 1109 - -76c1 / 3° Name(please print) Telephone k A3 r' l� S r (' 4 cvt S e n d . C-ti /`^-'.- Email LCOUNSTATE: –1-4-- COUNTY: TY: 0 ' \'1,(-- SUBSCRIBED AND SWORN to before me by the above named kP;-A h IL-c A. i- on on this the Co day of Sc1�' ,20 go . 942A.1; g.1(01 ),. Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Sherri L.Herring '"a" Notary Pubitc * ►` „ State of Texas 1 ft Commission Expirat 0n� 041'2020 Notary ID*12481440-7 Page 10 of 16 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. 1491,80th 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 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. 1\/ 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. -4 5— (, —j(, Signature of person doing business with the governmental entity Date Page 11of16 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 a ith 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 Nvill review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive. responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis. whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price. as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this iTB. the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated. Local Government Code Title 5. Subtitle C. Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee. official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 12of16 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 b> 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 an 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 an 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.: Landfill, P.O. Box 1089. Port Arthur. Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur. in accordance with the State of Texas Prompt Payment Act. Article 601f V.T.C.S. The City's standard payment terms are net 30. i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax:therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur. Texas. Jefferson County. 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. Pace 13of16 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 ith 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 an} 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 ss ith 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 Pane 14 of 16 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 w riting to the Contractor. If the Contract is terminated by the City as provided herein. the Contractor w ill 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 w ill 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. Past 15 of 16 3. Commercial Automobile Liabilit\ insurance (includinc ok\ned. 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 agenc), 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. 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. Page 16 of 16 P. R. 19591 11/07/16 Exhibit C P. R. 19591 11/07/16 CONTRACT FOR EXCAVATING AND HAULING OF MATERIALS THIS AGREEMENT, made this the of , 2016, 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 Mid County Land Company, Ltd. , 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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with the option to renew for two additional one year periods, unless 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. Prices quoted shall be indexed for the next year using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost 60/40 $7.25/CY Clay $5.20/CY Top Soil $15.00/CY Picked up at Plant Location Items Unit Cost 60/40 $3.75/CY Clay $ /CY 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Specifications 4) Bids 5) General Information 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 19591 11/07/16 6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur Mid County Land Company, Ltd. BY: BY: Brian McDougal Representative City Manager �Upy DERRICK FREEII.1\"PRINCE,MAI OR RAYMOND S(OTT,JR,MAN OR PRO TEMBRIAN.11(CITY MAN1\ GALAGER COUNCIL IIF:N1I3ERS: ( l.'1 SHERRI BELLARD,TRMC TIFF.-lNV HAMILTON , CITY SECRETARY MORRIS ALBRIGHT,III f.. KEITH RICHARD TIZENO WILLIE"BAF:" LEWIS,JR, �/ f rl ft It r CITY ATTORNEY OSMAN SHAT! CHARLOTTE\IOSES KAPRI\.l RICHARDSON FRANK AUGUST 16,2016 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 7, 2016. (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 7, 2016 in the City Council Chambers. City Hall. 5th Floor. Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-057 DELIVERY ADDRESS: Please submit one(l) 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 writino to: City of Port Arthur. TX Clifton Williams. Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.will iams.c portarthurtx.g.ov • Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O. Box 10891444 4th StreetI Port Arthur,Texas 77641 1409.983.8160 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, kith 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. Clifton Williams, CPPB Acting Purchasing Manager • Paee 2 of 16 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (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 3of16 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGE 7 & 8. MAKE SURE TO FILL IN PRICE AND THE DAYS. B. NON-COLLUSION AFFIDAVIT - PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 11 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4of16 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately' one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways. Streets, and Bridges. Item 520 "Weighing and Measuring Equipment'. Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5of16 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel. maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need. the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites. including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone. hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass. TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City'project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard. or along 25`x' Street at the Motiva fresh water reservoir. Page 6of16 CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Excavating & Hauling of Materials BID DUE DATE: September 7. 2016 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT Fill Sand $ CY 60/40 $ CY 3 Clay $ S•a0 CY 4 Top Soil $ is /30 CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT Fill Sand $ CY 60/40 $ 3 .15 CY 3 Clay $ 3 0 U CY 4 Top Soil $ 13 00 CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request «ithin 30 minutes or I hours. LOCATION OF PRIMARY BORROW PIT:Vi00 VACb at Ct'(Ck A (-N,Lr 1l ° LOCATION OR SECONDARY BORROW P11 . 1 Srd Nwy (OS gatunkAA IA 1170 1/446 Signature o Bidder Date Page 7of16 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ TON $ TON 2 HMAC type material $ — TON $ — TON 3 Cement Stabilized Sand $ TON $ TON 4 Concrete Debris $ TON $ TON Equipment and drivers/operators will be made available hours or days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: 1 O 6 hat Us tS tU.. C 1\(A( t Pf(kArtnVr The City reserves the right to award the bid by class of work, or the entire bid to one (I) responsible bidder. Bids shall be good for sixty (60) days from date of bid opening. Ka, (O Anky Lad( ph)/ Lt ( 61 at v,iitt l41 (lrUC r fat hrtn,,,11114 til b ME STREET ADDRESS Q.o. .ox G NMI'(AKA 'U. 11(441 SIGNATURE OF BIDDER P.O. BOX 11 O CIS- c • V elY►ti(Ael S(C. ct bovC PRINT OR TYPE NAME CITY STATE ZIP fig kAur (VA ), 1 - 500 TITLE AREA CODE TELEPHONE NO MidColuncl eATC , N1' V-104) 13(0- )-11EMAIL AX NUMBER Page 8 of 16 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. Signature: Printed Name: AO! vcovh Title: Fart\iltf Company: Date: a• OMAN La K COWLOAVi L��l SUBSCRIBED and sworn to before me by the above named ',/ ,:�:�L 1-'11Y t I on this the ` / day of and, iri. ;'wR , 20 . flotary Public in and for the A HEATHER GUIDRY State of Texas i4•' off. ='•' " MY COMMISSION EXPIRES \fi .. December 16,2017 My commission expires: 6-i ! Pa!eOof It, 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 un rsigned 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 Ido 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 Ido 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. (OIMAI t vvI (Iiw\pn. \1 Ltd ( 46 Firm Name D' to Authorized Signature Title Title 610(1-. S. UM 'vi , Net) --1 (0-. 5 Name(please print) Telephone ki t co tuv .a ® cttk.V\tk Email STATE: IVAS COUNTY: aiAM te+ SUBSCRIBED AND SWORN to befo e by t�abQve -SIN fQ namedfD ' .4L. Col V'f�'1't1 : on this thepti;til4MtLI day of14' HEATHER GUIDRY Nota MY COMMISSION EXPIRES Notary Public o„ tom'` December 16,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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. 1491.80th Leg.. Regular Session. This questionnaire is being tiled in accordance with Chapter 176. Local Government Code by a person who has a business relationship as defined by Section 176.001 (I-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must he tiled\+ith the records administrator of the local governmental entity not later than the 7th business day aper the date the person becomes aware of facts that require the statement to be tiled. See Section 176.006.Local Government Code. A person commits an offense if the person know ingly v iolates 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. A2• Check this box if you are filing an update to a filedquestionnaire. )\j17 Jpreviously The law requires that you tile an updated completed questionnaire with the appropriate tiling authority not later than 7th business day after the date the originally tiled questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. NlPik 'dam �of Officer This section(item 3 including subparts A.B.C.R. D)must he completed for each officer with whom the tiler 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 go\ernment officer named in this section receik ing or likely to receive taxable income.other than investment income,from the tiler of the questionnaire'? Yes No B. Is the tiler of the questionnaire receik ing or likely to receiv e 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 II 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 serk es as an officer or director.or holds an ownership of 10 percent or more? Yes No D. Describe each employ ment or business relationship with the local goy ernment officer named in this section. 4. re ' c1/2A- Signal. , /Signal. - of per Ioing business with the go\ernmental entity Date A[ -(\(1 CR_ I s vo C uv\e k-f a . (IA (1w5-\ Page 11 of 16 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 w ith 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 hose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB. the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated. Local Government Code Title 5. Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee. official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 12of16 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.: Landfill, P.O. Box 1089. Port Arthur. Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur. in accordance with the State of Texas Prompt Payment Act. Article 601f V.T.C.S. The City's standard payment terms are net 30. i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax: therefore the proposal shall not include Sales Tax. VENUE: This agreement N.%ill 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. Page 1 3 o1'16 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer. employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program. shall have any personal financial interest, direct or indirect, in this Contract: and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes. paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If. through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will. in good workmanlike manner, perform all work and furnish all supplies and materials, machinery. equipment, facilities and means. except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract. in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details. its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. 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 Pane 14 of 16 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 Cite 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 k‘ritten 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 «ill 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. Page 15 of 16 • 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 agenc . 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. 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. Page 16 of 16 P. R. 19591 11/07/16 Exhibit D P. R. 19591 11/07/16 CONTRACT FOR EXCAVATING AND HAULING OF MATERIALS THIS AGREEMENT, made this the of , 2016, 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 J. M. Kaufman, 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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with the option to renew for two additional one year periods, unless 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 Prices quoted shall be indexed for the next year using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Clay $4.67/CY Top Soil $15.00/CY Picked up at Plant Location Items Unit Cost Clay $ /CY Top Soil $10.00/CY Hauling of Materials Full load Partial load Limestone $7.00/CY $14.00/CY HMAC Type Material $12.00/CY $24.00/CY Cement Stabilized Sand $7.00/CY $15.00/CY Concrete Debris $15.00/CY $20.00/CY 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid P. R. 19591 11/07/16 3) Specifications 4) Bids 5) General Information 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur J.M. Kaukrnan BY: BY: Brian McDougal Representative City Manager (Up DERRICK FREENI.1\"PRINCE,\IA1 OR RAYMOND SCOTT,JR,M.11 OR PRO TEM BRIAN NICDOE GAL • CITY 31A\AGER t SHERRI BELLARD,TRMC TIFFANY H.aNI1LTO\ CITY SECRETARY MORRIS.1LBRIGHT.III KEITH RICHARD 1'AL TIZE\O WILLIE"B.1E"LEWIS,JR. o t�C t (�7 It CITY ATTORNEY OSNI.a\511,1T1 CHARLOTTE\IOSES KAPRINA RICHARDSO\FRANK AUGUST 16,2016 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 7, 2016. (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 7, 2016 in the City Council Chambers. City Hall. 5th Floor. Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-057 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.w ortarthurtx wv • Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O. Box 108914-14 4th Street 1 Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL . CONDITIONS SPECIFICATIONS. are for your convenience in submitting bids] forTUCTIONStR he 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 b specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager • • Page 2 of 16 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (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. Homrever, 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 I roduct 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: Paue.of16 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGE 7 & 8. MAKE SURE TO FILL IN PRICE AND THE DAYS. B. NON-COLLUSION AFFIDAVIT- PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 11 (IF THERE IS NO CONFLICT BIDDER MUST WRITE NiA ON LINE I AND SIGN AND DATE ON LINE 4). Page 4 of 16 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category '-Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. • Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways. Streets, and Bridges. Item 520"Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City"s Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for ani delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5 of 16 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule. depending on urgency of need. the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City, project sites. including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone. hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass. TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. • Paee 6 of 16 CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Excavating&Hauling of Materials BID DUE DATE: September 7, 2016 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT I Fill Sand $ /40 4;4 CY 2 60/40 $ ,t/O e,c, CY 3 Clay $ S for CY 4 Top Soil $ 15,W CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT I Fill Sand $ a 83 CY 2 60/40 $ /((D of3f'd CY 3 Clay $ 3, aO CY 4 Top Soil $ 7 O. Oa CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or a, hours. LOCATION OF PRIMARY BORROW PIT: V P 7 fl"--7 0 LOCATION OR SECONDARY BORROW PIT: 10 6 449 1421 73 7-7/6 ignature of dder Date Page 7of16 i' C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ 7.00 TON $ / A o o TON 2 HMAC type material $ /Z. oO TON $ 2 y_, pc, TON 3 Cement Stabilized Sand $ 7 06) TON $ / S. o"- TON 4 Concrete Debris $ 15 o o TON $ Z n TON Equipment and drivers/operators will be made available hours or cit days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $37.S'/hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: $ 4 Cd,►v ,u e eCe. csl.. 14--1M c,L The City reserves the right to award the bid by class of work, or the entire bid to one (1) responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. 7026 .56 =COMPANY NAME STREET ADDRESS 41, ie-GNAT ' OF IDDER P.O. BOX 1�►�es u a�� i �� ` /epte776 51e- PRINT 1e- PRINT OR TYPE NAME CITY STATE ZIP Dw�ter 53GZ1 TITLE a A CODE T LEPH NE NO / - 4Q WOO EMAIL FAX NUMBER • Page 8 of 16 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. Signature: - Printed Name: Title: Company: Date: — 7— /co SUB 1BED and .•w• n t. a-fore by the above named (� on this the_ day off_.il.'ii..� , 20/ . 63/17XIA J FiFi0T1DACHERICONNER Not Public in and for the •i MY COMMISSION EXPIRES State of Texas jt:, January 30,2417 My commission expires: /�,-30-/7 Page 9of16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. 44. 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. J I herebycertifythat I do have outstandingdebts with the Cityof 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. .-_1- M. 16U. kit/ 9 74/jn Firm Name Date A orized Signature / Title re 44-€4:t i=t-i--.- K6.0 5 )13- c4 r 8 I Name(please print) Telephone J m maf,.5 giliee, (1 i Email STATE: //t COUNTY: depoin_.) SUBSCRIBED AND SWORN to before me by the above named J171 l Tnaf'L on this the 0 day of 20 .� RHONDACHERI CONNER ' / '`' �`'1 ///_ / '; ,?i MY COMMISSION EXPIRES N ,tanuary 30,2017 Nota 'u.lic RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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`h 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 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. 4 1.Name of person who has a business relationship with local governmental entity. Ai 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 70 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes 1-1 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 basin ss relationship with the local government officer named in this section. 4. 9 _ 7---, -orb S' of person doing b ess with the governmental entity Date Page 11 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis. whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB. the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated. Local Government Code Title 5. Subtitle C. Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory'record of performance. Page 12of16 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.: Landfill, P.O. Box 1089. Port Arthur. Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur. in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30. i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax:therefore the proposal shall not include Sales Tax. VENUE: This agreement w ill 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. Page 13 of 16 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$ 00,000 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. 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. Page 16 of 16 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 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. Page 15 of 16 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 an} money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will. in good workmanlike manner, perform all work and furnish all supplies and materials. machinery, equipment, facilities and means. except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract. in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability. performance, construction, and other details. its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. 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 Page 14.of 16 P. R. 19591 11/07/16 CONTRACT FOR EXCAVATING AND HAULING OF MATERIALS THIS AGREEMENT,made this the of , 2016, 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 Redwine Enterprises,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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with the option to renew for two additional one year periods, unless 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. Prices quoted shall be indexed for the next year using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $10.00/CY 60/40 $9.75/CY Picked up at Plant Location Items Unit Cost Fill Sand $5.00/CY 60/40 $4.00/CY Clay $ /CY Top Soil $10.00/CY 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Specifications 4) Bids 5) General Information P. R. 19591 11/07/16 Exhibit E P. R. 19591 11/07/16 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur Redwine Enterprises BY: BY: Brian McDougal Representative City Manager - cUpy DERRICK FREEMAN"PRIME,NI.11 OR R.11 MOND SCOTT,JR.1IA1 OR PRO TEM BRIAN CIT}'MA\AGER COUNCIL MEMBERS: —:4 SHERRI BELLARD,TRMC TIFFANY HAMILTONCIT}'SECRETARY MORRIS ALBRIGHT.111 fes, KEITH RICHARD 1'AL TIZE\O WILLIE"B.1F:"LEWIS,JR. r� j t�7 Ili-- CITY ATTORNEY OSMA\S11ATI CHARLOTTE MOSES KAPRI\.1 RICHARDSO\ FRANK AUGUST 16,2016 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 7, 2016. (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 7, 2016 in the City Council Chambers. City Hall. 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-057 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.williams.�'portarthurtx.uov • Purchasing Division/Finance Department I 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 he 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. Clifton Williams. CPPB Acting Purchasing Manager • Page 2 of 16 INVITATION TO BID THE MOWING OF PRIVATELY--OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (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 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 onl, 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 •roduct 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 3 of 16 AUTOMATIC DISQUALIFICATIONS OF BID BIDDER WILL BE DISQUALIFIED IF ANY OF THE FOLLOWING ACTIONS ARE DONE. 1. BIDDER DOES NOT WRITE IN PEN. 2. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 3. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGE 7 & 8. MAKE SURE TO FILL IN PRICE AND THE DAYS. B. NON-COLLUSION AFFIDAVIT- PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 11 (IF THERE IS NO CONFLICT BIDDER MUST WRITE NiA ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 16 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm. and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. • Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways. Streets, and Bridges. Item 520 "Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City"s stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5 of 16 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need. the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill.on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites. including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone. hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass. TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh AN reservoir. Page 6 of 16 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID FOR: Excavating & Hauling of Materials BID DUE DATE: September 7, 2016 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ /O 00 CY 2 60/40 $ 9 . 7,.5 CY 3 Clay $ s• y3 CY 4 Top Soil $ / 7. 00 CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ �, 00 CY 2 60/40 $ 4.60 CY 3 Clay $ 3, QQ CY 4 Top Soil $ /0, 00 CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within.YWg minutes or hours. Sxl) (30y Poss:6/e LOCATION OF PRIMARY BORROW PIT: pi w y 311 7 LOCATION OR SECONDARY BORROW PIT: N W 7 73 , 1 &245 ;f‘,‘_ 9-7-201 Signature of Bidder Date Page 7 of 16 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ TON $ TON 2 HMAC type material $ TON $ TON 3 Cement Stabilized Sand $ TON $ TON 4 Concrete Debris $ TON $ TON Equipment and drivers/operators will be made available hours or days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: ;�O I V ,2115 j�, ,rQ Q Port- ICY-i-1-."... —me l e)64-6 The City reserves the right to award the bid by class of work, or the entire bid to one (1)responsible bidder. Bids shall be good for sixty(60)days from date of bid opening. U)ON.a, L rcs-Gb Jr,c_. P-D I 114 COMPANY NAME STREET ADDRESS /� q-CaLiAt SIGNATURE OF BIDDER P.O. BOX r;s . 2atiPori- ` Ar- TX 770/0 PRINT OR TYPE NAME CITY STATE ZIP i e Stl e ieC `l0 9 -72-2- 3373 TI E AREA CODE TELEPHONE NO e rn c eU f. rr.coin-, Ll0` -72. -L__9__VS____ EMAIL FAX NUMBER Page 8of16 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. Signature: Printed Name: qev t..1i INl aW ne Title: ,; 'f_ ..rcr Company: f1S<-S Iry c_ Date: 9- 7-2-01 SUBSCRIBED and sworn to before me by the above named--TY VOINPAL on this the day of ctplek()(X , 20 hp . jtatia Notary Public in and for the rY . TANAMONTALVO State of Texas '*: *= MY COMMISSION EXPIRES • July 3,2017 My commission expires: 1 1( 1.11 Page 9 of 16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ge-60.4.ti n...a.. eh/ke r;s--t. L.. 9-7-2.0t (0 Firm Name Date �, '1Z12.4)1.-, w PCe S f J Gnl Authorized Signature Title 'r—risk L.�r�ruz., 14061' 722- 8373 Name (please print) Telephone ±reccrci,1kcie t234. cr.carri t-(OR-722- 8373 Email STATE: -fLXU COUNTY: .(IftlatYI SUBSCRIBED AND SWORN to before me by the above named 1r iUt tttX\.N 11 1C on this the 1 day of S{itrnttx , 20 Ike . -�,qr ia.ry•. VO Q1UAtim` tAlkialie0 ,p;'.r.. TANA MONTAL *: 14 MY COMMISSION EXPIRES Notary Public -4�.� '' ,Jury 3,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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. 1491,80th 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 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. 1.Name of person w has a business relationship with local governmental entity. N /A 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? El 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 n No D. Describe each employment or business relationship with the local government officer named in this section. 4. 0 L I42.6U+. $-7-20/4 Signature of person doing business with the governmental entity Date Page 11 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 12 of 16 ACC)REP® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.� 9/6/2016 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 CONTACT Taylor Jones NAME: y Jones Truck Insurance Agency (AIC No.Ext): (254)836-8444 FAX No):(254)836-8555 10100 Saddle Creek Road -MAIL for@' to one struckinsurance.com ADDRESS: y � P 0 Box 236 INSURER(S)AFFORDING COVERAGE NAIC# Waco TX 76703 INsuRERANational Liability & Fire Ins. Co 20052 INSURED INSURER B Great West Casualty Company REDWINE ENTERPRISES, INC, DBA: REDWINE CONSTRUCTION INSURERC: 2114 LEE STREET INSURERD: INSURER E: NEEDERLAND TX 77627 INSURERF: COVERAGES CERTIFICATE NUMBER:16/17 Masters 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 POLICY EFF POLICY EXP LIMITS LTR INp POLICY NUMBER (MDD/YYYYUMMIDD/YYYY) COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO BODILY INJURY(Per person) $ ALLOWNED S AUTOS SCHEDULED AUTOS 73TR8058701 12/11/2015 12/11/2016 BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABIUTY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Physical Damage 73TRS058701 12/11/2015 12/11/2016 Comp/Collision ded. $1,000 � I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) FOR INFORMATION ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Redwine Enterprises, Inc THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DBA Redwine Construction ACCORDANCE WITH THE POLICY PROVISIONS. 2114 Lee Street Nederland, TX 77627 AUTHORIZED REPRESENTATIVE Jerry Jones/HOUSE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401 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.: Landfill, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. 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. Page 13 of 16 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. 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 Page 14 of 16 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 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. Page 15 of 16 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. 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. Page 16 of 16