HomeMy WebLinkAboutPR 19640: CONTRACT WITH DOUBLE W. SERVICE, L.L.C., REPAIRING/REFURBISHING REFUSE CONTAINERS , .
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INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
To: Brian McDougal, City Manager
From: M. Jennifer Edwards, Environmental Operations Manager
Date: December 15, 2016
RE: P. R. 19640—Repairing/Refurbishing Commercial Refuse Containers
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 19640; award the contract to
Double W. Services, L.L.C. of Meridian, Texas, for repairing/refurbishing commercial refuse containers
for the Utility Operations Solid Waste Division, on a unit cost basis with a projected budgetary impact of
$50,000 per year.
BACKGROUND:
This is an annual contract for the repairing/refurbishing of refuse containers. This is a one year contract
with an option to renew for two (2) one year periods.
Bids were advertised in the Port Arthur News on September 18, 2016 and September 25, 2016. Bids were
received and opened on October 5, 2016 with two bids being received. Double W. Service, L.L.C. was
the lowest bidder and has a history of providing quality work.
BUDGET/FISCAL EFFECT:
Funds are provided in account no. 403-1273-533.59-00, Utility Operations Department Solid Waste
Container Service Division—Other Contractual Service.
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"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19640
11/22/16 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A ONE
YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR
AND DOUBLE W. SERVICE, L. L. C. OF MERIDIAN, TEXAS
FOR REPAIRING/REFURBISHING COMMERICAL REFUSE
CONTAINERS ON A UNIT COST BASIS, WITH A PROJECTED
BUDGETARY IMPACT OF $50,000. FUNDING IS AVAILABLE
IN ACCOUNT NO. 403-1273-533.59-00, UTILITY OPERATIONS
SOLID WASTE CONTAINER SERVICE DIVISION — OTHER
CONTRACTUAL SERVICE.
WHEREAS, periodically the City requires the services of a contractor to repair or
refurbish commercial refuse containers; and,
WHEREAS, the City advertised in the Port Arthur News on September 18, 2016 and
September 25,2016 for said services; and
WHEREAS, two bids were received and opened on October 5, 2016 for the above
referenced material and have been evaluated by Purchasing and Solid Waste staff, as shown in
the bid tabulation attached as Exhibit"A"; and,
WHEREAS, Double W. Service, L. L. C. was the lowest bidder and has a history of
providing quality work in the past; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized and directed to execute on behalf of the
City, a contract between the City of Port Arthur and Double W. Service, L. L. C. for a one year
contract for the above referenced services with an option to renew for two (2) additional one year
periods, in substantially the same form as attached hereto as Exhibit"B"; and,
P.R. 19640
11/22/16 aw
THAT, contract is for a period of one year and awarded on a unit cost basis for a
projected budgetary impact of$50,000; and,
THAT, funding is available in account 403-1273-533.59-00, Utility Operations Solid
Waste Container Service Division—Other Contractual Service; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED this the day of , A.D. 2017, at
a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
Noes:
Mayor
ATTEST: APPROV . I AS TO FORM:
Sherri Bellard Valecia T' eno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY
OF FUNDS:
P"WiLa
Brian McDougal Jerry Dale
City Manager Director of Finance
{)
M. J 'fer ards Clifton Williams
Environmen Operations Manager Acting Purchasing Manager
P.R. 19640
11/22/16 aw
Exhibit "A"
1 r
Chy of
%1 CITY OF PORT ARTHUR TEXAS
Bid Tabulation
'r1 rthur
h,,,, REPAIRING/REFURBISHING OF REFUSE CONTAINERS
Bid Opening Date:October 5,2016
Name of Bidder
Double W Service L.L.C.
Item Description 2 yd 4 yd 8 yd 10 yd
t Replace bottom and pads or runners,sandblast/prime and paint container _
$270.00 $320.00 $330.00 $355.00
Replace bottom only $240.00 $290.00 $300.00 $325.00
Sandblast/prime and paint container only $30.00 $30.00 $30.00 $30.00
Replace individual bottom pad or runner $45.00 $45.00 $45.00 $45.00
Replace poly lid,2 ply corrugated $35.00 $35.00 $35.00 $35.00
Replace outside lid bracket $10.00 $10.00 $10.00 $10.00
Replace inside lid bracket $10.00 $10.00 $10.00 $10.00
Replace lid hinge pin and hardware for poly lid $ 9.00 $ 9.00 $ 9.00 $ 9.00
Replace steel lid assembly with poly lid assembly $25.00 $25.00 $75.00 $75.00
Replace individual lift bracket _ $75.00 $75.00 $75.00 $75.00
Replace poly sliding door,2 ply corrugated $30.00 $30.00 $30.00 $30.00
Replace steel sliding door with poly door assembly $30.00 $30.00 $30.00 $30.00
Prices are good for any quantity YES
If NO,what is your minimum quantity per shipment N/A
( Location Meridian,TX
Page I of 2
CITY OF PORT ARTHUR TEXAS
Bid Tabulation
tieurt rihuG�^
r, REPAIRING/REFURBISHING OF REFUSE CONTAINERS
Rid Opening Date:October 5,2016
ESP Structure&Piping Solutions,LLC
Item Description 2 yd 4 yd 8 yd 10 yd
Replace bottom and pads or runners,sandblast/prime and paint container $192.00 $192.00 $288.00 $288.00
Replace bottom only $267.00 $348.00 $448.00 $498.00
Sandblast/prime and paint container only $288.00 $362.00 $374.00 $416.00
Replace individual bottom pad or runner $141.00 $141.00 $283.00 $283.00
Replace poly lid,2 ply corrugated $ 85.00 _ $153.00 $168.00 $204.00
Replace outside lid bracket $ 68.00 $ 68.00 $ 68.00 $ 68.00
Replace inside lid bracket _ $ 49.00 $ 49.00 $ 49.00 $ 49.00
Replace lid hinge pin and hardware for poly lid $ 72.00 $ 72.00 $ 72.00 $ 72.00
Replace steel lid assembly with poly lid assembly $ 85.00 _ $153.00 $168.00 $204.00
Replace individual lift bracket $139.00 $139.00 $139.00 $139.00
Replace poly sliding door,2 ply corrugated $ 47.00 $ 47.00 $ 78.00 $ 78.00
Replace steel sliding door with poly door assembly $ 47.00 $ 47.00 $ 78.00 $ 78.00
Prices are good for any quantity YES
If NO,what is your minimum quantity per shipment N/A
( Location Port Arthur,TX
' 1(4,4f)
i (OI f/fI..)f(,
Cli on Williams,Acting Purchasing Manager Date
Page 2 of 2
P.R. 19640
11/22/16 aw
Exhibit "B"
P.R. 19640
11/22/16 aw
CONTRACT FOR REPAIRING/REFURBISHING OF
REFUSE CONTAINERS
THIS AGREEMENT, made this the day 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 Double W. Services, L.L.C., 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 an option to renew for two (2) 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 fifteen(15) days written notice.
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 of
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 the prices as stated in the
attached bid.
4. The term "Contract Documents" means and includes the following:
1) Agreement
2) Invitation to Bid
3) General Information
4) Specifications
5) Bid
6) Bidder's Information Sheet
7) Notice to Proceed
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.
P.R. 19640
11/22/16 aw
OWNER CONTRACTOR
BY: BY:
City Manager Double W. Services, L. L. C.
Representative
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
Energy
COUNCIL MEMBERS: City of Ci^ SHERRI BELLARD,TRMC
CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III VAL TIZENO
KEITH RICHARDart r t h u P �J CITY ATTORNEY
WILLIE"BAE"LEWIS,JR
OSMAN SWATI
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
SEPTEMBER 23, 2016
INVITATION TO BID
Repairing/Refurbishing of Refuse Containers
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, October 5, 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, October 5, 2016 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P16-065
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 or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Acting Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 'Fax 409.983.8291
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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
Page 2 of 16
INVITATION TO BID
REPAIRING/REFURBISHING OF REFUSE CONTAINERS
(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 3 of 16
City of Port Arthur
Public Works - Solid Waste Division
Specifications for Repairing/Refurbishing of Refuse Containers
These specifications are applicable to and are an integral part of the product specifications. All vendors are seriously
encouraged to carefully read and study the following specifications. All specifications are considered minimum. No bid
will be considered if product does not meet minimum specifications. The proposed delivered cost must include ALL
items stipulated in these specifications,as well as all costs associated with production and delivery.
• No person has authority to verbally alter these specifications during the procurement process. Any changes to
specifications will be made in writing and sent to each person having a bid package.
• No payments will be released until all specifications have been met. No Exceptions.
• The City will request two (2) days in advance for pick-up and delivery of containers and the contractor will perform
this service between 9:00 a.m. and 3:00 p.m. on regular business days (Monday through Friday). Delivery at other
times must be requested three(3)days in advance. Product shall be delivered F.O.B. point of destination to:
City of Port Arthur
Public Works Operations Center
201 H.O. Mills Blvd.
Port Arthur, TX 77640
• Contractor must return the repaired containers within three weeks.
• The Contract term is one(1)year with the option to renew for two additional one-year periods.
Information requested in the specifications must be checked on"yes"or"no" lines to the right of each item. Failure to do
so will disqualify bids.
A "yes" answer indicates the requested item is being furnished; a "no" answer must be explained on a separate sheet of
paper that is signed by the persons authorized to bind the firm in a contract.
Any variation from these specifications must be indicated on the bid and on a separate attachment to the bid.
Any example shown is listed to show the type and class of equipment desired. Bidders are cautioned to read
specifications carefully as there may be special requirements not commonly offered by the product manufacturer. Do not
assume your standard product meets all detailed specifications because it is listed as an example. Bidders are cautioned
that units delivered to the F.O.B. points and which do not meet specifications in every characteristic will not be accepted.
Page 4 of 16
Detailed Specifications for
Repairing/Refurbishing of Refuse Containers
PUBLIC WORKS-SOLID WASTE DIVISION
It is the intent of these specifications to describe the Repairing/Refurbishing of Refuse Containers. It is neither the
purpose nor the intent to alienate any prospective Bidder within the following descriptions:
All containers shall be repaired or refurbished and meet the following requirements:
INCLUDED IN BID
YES NO
1 Bottom pads or runners shall be constructed of steel and shall elevate the V
container bottom off the ground by four(4)inches.
2 Bottom and sidewall shall be removed not less that 5" from bottom to ensure
contact with side wall of full thickness. New bottom shall be 10-gauge steel
and new partial sides to be 12-gauge steel. A pre-formed steel bottom/sides
assembly of 10-gauge steel is acceptable.
3 Install two (2) 1 ''/2" drain holes through side wall of container at floor line,
holes to be at opposing corners.
4 Lift brackets on side of containers shall be of the appropriate size and J
constructed of 10-gauge steel.
5 Outside lid bracket, inside lid bracket and lid hinge pin/hardware shall be
vendor's standard construction. V
6 Continuous welds shall be used inside the bottom replacement and at all points V
outside on any item repaired or replaced.
7 Poly plastic lids and doors shall be of 2-ply corrugated construction, or better,
and sturdy enough to prevent collapse and deformation due to use or natural
conditions
8 Automatic or manual lid locks shall be vendor's standard construction. V
9 Containers shall be sandblasted or grinded to bare metal to meet N.A.C.E.
requirements, or equal, prior to painting inside and outside with one(1)coat of
rust preventative primer and one (I) coat of automotive paint, or equal
treatment with direct-to-metal paint with rust inhibitors, on all surfaces. Color
V
to be dark green.
10 City will number containers that will be repaired/refurbished and will supply a
list of requested repairs for all containers shipped. V
11 Bid prices for all complete units,partial repairs or parts,shall be inclusive of all
material, labor, equipment, disposal of by-products, pick-up, delivery and any V
other related costs.
Page 5 of 16
Air.
DOUBLE W SERVICE L.L.C.
"The Experts in Container Repair"
City of Port Arthur, TX --- Purchasing Dept.
In regards to Invitation to Bid, Repairing & Refurbishing Of Refuse
Containers —Issued on September 23, 2016 and Opening on October 5,
2016. The following is a list of exceptions to the specifications in the Bid
Form. Please feel free to contact Russell Wehmeyer at any time for further
clarification on any items or prices listed here.
On Page 5 of 16, item number 9: We request an exception to sandblasting
or grinding container to bare metal. We suggest buffing of all loose paint,
rust, and dirt prior to spot priming and total repainting outside. All bare
metal surfaces will be primed (inside and out) prior to painting. This is the
current procedure used in the last contract and has been performed for over
(7) prior years. In this time, we have seen no adverse effects on the
performance of the containers beyond normal wear.
On Page 5 of 16, item number 11: We request an exception for pickup and
delivery in the amount of$ 875.00 per round trip truckload. Double W
currently has a 48' trailer capable of hauling (8) 8yd boxes and up to (20)
4yd boxes for repairs. Not only will transportation off-site for repairs
eliminate liability to the City of Port Arthur from any problems arising from
repairs performed on-site, it will also eliminate any repair space needed for
on-site repairs as well as keeping the city yard free from debris and waste
by-products from the repair process. The burden of emissions from painting
operations also will be eliminated as that process will be conducted at the
permitted Double W facility in Meridian, TX.
On Page 4 of 16, Bullet Point# 5: Double W will honor this contract
pricing month-to-month in the event a new contract/vendor cannot be
secured prior to the expiration of the final (second) renewal period. Alos,
pricing and delivery times will be honored in the event a renewal is missed
or unable to be executed by the expiration of a previous contract/renewal
period. This will help prevent the solid waste department from being
without container repair for several months as the new contract is being bid
and finalized. It will also help prevent a backlog as the new contract is
starting.
Russell Wehmeyer
Operations Mgr.
Double W Service L.L.C.
(254)707-1477 cell
3
While the purpose of the specifications is to indicate minimum requirement in the way of capacity, strength,
construction and other details, its use is not intended to relieve the City of all responsibility in the selection of
items that may be considered most suitable for the service involved.
If there be any omissions from the specifications, bidders shall not be relieved from furnishing a
complete/operational unit delivered to the City of Port Arthur, Texas at a bid price which shall include any and
all costs.
In other words, even though proposals are received based on furnishing containers which may meet the
minimum requirements indicated, it is not intended that this alone shall limit the contract award to be
recommended; but that other factors shall be considered together with any experience the City may have with
the service provider.
Bidder must furnish complete specifications along with their bid on the containers they propose to furnish. All
bids are to include pick-up at and delivery to Port Arthur, Texas. Bidders shall specify a delivery date after
pick-up.
Should the City of Port Arthur not have experience with the bidder, the bidder is responsible for providing at
least three (3) references of other cities or private haulers that have had the bidder's containers in use for at least
five (5) years.
The product will not be accepted nor will any payments be released until all specifications have been met. NO
EXCEPTIONS
Page 6 of 16
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: RepairingIRefurbishing of Refuse Containers
BID DUE DATE: October 5, 2016
Container Size
Description of work to be performed 2 Yd 4 Yd 8 Yd 10 Yd
1. Replace Bottom and Pads or Runners,
Sandblast/Prime and Paint Container $ 270 $ 320 $ 330 $ 355
2. Replace Bottom Only $ 240 $ 290 $ 300 $ 325
3. Sandblast/Prime and Paint Container Only $ 30 $ 30 $ 30 $ 30
4. Replace Individual Bottom Pad or Runner $ 45 $ 45 $ 45 $ 45
5. Replace Poly Lid,2 Ply Corrugated $ 35 $ 35 $ 35 $ 35
6. Replace Outside Lid Bracket $ 10 $ 10 $ 10 $ 10
7. Replace Inside Lid Bracket $ 10 $ 10 $ 10 $ 10
8. Replace Lid Hinge Pin And Hardware For Poly Lid $ 9 $ 9 $ 9 $__
9. Replace Steel Lid Assembly With Poly Lid Assembly $ 25 $ 25 $ 75 $ 75
10. Replace Individual Lift Bracket $ 75 $ 75 $ 75 $ 75
11. Replace Poly Sliding Door,2 Ply Corrugated $ 30 $ 30 $ 30 $ 30
12. Replace Steel Sliding Door with Poly Door Assembly $ 30 $ 30 $ 30 $ 30
Prices Are Good For Any Quantity Yes V No
If No, what is your minimum quantity per shipment? N/A
Double W Service L.L.C. Ono N 7th
COMPANY NAME STREET ADDRESS
352
SIGNATURE OF BIDDER P.O. BOX
Russell Wehmeyer Meridian, TX 76665
PRINT OR TYPE NAME CITY STATE ZIP
Operations Manager (254)435-2096
TITLE AREA CODE TELEPHONE NO
doublew1999@gmail.com (254)435-2296
EMAIL FAX NO.
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:
//f/k__.________-------
,
Printed Name: Russell Wehmeyer
Title: Operations Manager
Company:
Double W Service L.L.C.
Date: 09/26/2016
SUBSCRIBED and sworn to before me the undersigned authority by the a of, S t. on
behalf of said bidder.
c;2,Wtitte7„7,7A.q...-/_.-
Notary Public in and for the
117.!:;:';,;•-., SHARON E. BUCK State of Texas
,; Notary Public.State of Texas
V L My Commission Expires
,,,,.`r October 21, 2016 My commission expires: OCT- 2/, 0-0f6
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.
Double W Service L.L.C. September 26,2016
Fir j Date
�j
Operations Manager
Authorized Signature Title
Russell Wehmeyer (254)435-2096
Name(please print) Telephone
doublew1999@gmail.com
Email
STATE: Texas
COUNTY: Bosque
SUBSCRIBED AND SWORN to before me by the above named ])oLA/2I W S / c€ I3 sset '
on this the �, day of s[Lh ,20 .
��m ei'
+:* �e, SHARON E. BUCK
Notary Public,State of Texas
My Commission Expires Notary Public
October 21, 2016
hIIIIIIN
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 9 of 16
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor 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 vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
II
I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
' 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
Al Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
IYes No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes - No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
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GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
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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.: Solid Waste, P.O. Box
1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and,the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
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INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
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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 Contractor shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract.
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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.
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