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HomeMy WebLinkAboutPR 19663: ROAD BUILDING MATERIALS City of 4 o ,to rt rthu . Texa s INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT Administration Division To: Brian McDougal, City Manager From: Armando Gutierrez, Jr., Director of Public Works Date: February 20, 2017 RE: P. R. 19663 —Road Building Materials RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 19663, approving contracts with Gulf Coast of Beaumont, Texas, Martin Marietta of both Beaumont and San Antonio, Texas, LD Construction of Beaumont, Texas, Knife River South of Beaumont, Texas, Redwine Enterprises, Inc., of Port Arthur, Texas, Mid County Land Company, Ltd. of Nederland, Texas and Unique Paving Materials Corp, of Cleveland, Ohio for road building materials with a projected budgetary impact of amount of $1,500,000. STAFF ANALYSIS: None. BACKGROUND: These are annual contracts for road building materials that will be used by the Public Works and Utility Operations Departments for maintenance and construction. Where we received bids from multiple vendors for a particular material, purchase of that material will be based on the price first, then availability when necessary. These are non-exclusive contracts allowing purchase of materials from each vendor as described. These materials will be "Remember we are here to serve the Citizens of Port Arthur" utilized by the Public Works and Utility Operations departments. There are no guaranteed minimum purchase amounts for any of these materials. Eight bids were received with one Port Arthur vendor bidding. Martin Marietta—Beaumont and Gulf Coast tied for 610 base limestone. Primary and secondary vendor will be determined at Council Meeting. BUDGET CONSIDERATIONS: Funds are available in the following accounts: Public Works: Streets Division Streets Maintenance 001-1203-531.36-00 - $200,000.00, Streets Division City Streets Program 001-1203-531.86-00 - $1,000,000.00, Streets Division CDBG Streets Program 001-1203-531.86-01 - $350,000.00, Drainage Division Drainage Maintenance 001-1204-531.34-00 - $5,000.00; Utility Operations: Solid Waste Landfill Division Streets 403-1274-533.36-00 - $30,000.00, Water Distribution Division Streets 410-1253-532.36-00 - $57,000.00, Water Distribution Division Streets 410-1253-532.86-00 - $15,000.00 /aw "Remember we are here to serve the Citizens of Port Arthur" P.R. 19663 1/30/17 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF NON- EXCLUSIVE CONTRACTS FOR ROAD BUILDING MATERIALS WITH GULF COAST OF BEAUMONT, TEXAS, MARTIN MARIETTA OF BOTH BEAUMONT AND SAN ANTONIO, TEXAS, LD CONSTRUCTION OF BEAUMONT, TEXAS, KNIFE RIVER SOUTH OF BEAUMONT, TEXAS, REDWINE ENTERPRISES, INC. OF PORT ARTHUR, TEXAS, MID COUNTY LAND COMPANY OF NEDERLAND, TEXAS, AND UNIQUE PAVING MATERIALS CORP. OF CLEVELAND, OHIO FOR ROAD BUILDING MATERIALS WITH A PROJECTED BUDGETARY IMPACT AMOUNT OF $1,500,000. FUNDING AVAILABLE IN THE FOLLOWING ACCOUNTS: PUBLIC WORKS DEPARTMENT: 001-1203-531.36-00 STREETS DIVISION STREETS MAINTENANCE, 001-1203-531.86-00 STREETS DIVISION CITY STREETS PROGRAM, 001-1203- 531.86-01 STREETS DIVISION CDBG STREETS PROGRAM, 001-1204-531.34-00 DRAINAGE DIVISION DRAINAGE MAINTENANCE; UTILITY OPERATIONS DEPARTMENT: 403- 1274-533.36-00 SOLID WASTE LANDFILL DIVISION STREET, 410-1253-532.36-00 WATER DISTRIBUTION STREETS, 410- 1253-532.86-00 WATER DISTRIBUTION DIVISION STREETS. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual supplying of road building materials; and, WHEREAS, the City received identical bids for Item No. 4 for Worksite and Stockpile for 610 Base Limestone from Martin Marietta—Beaumont and Gulf Coast; 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 two bidders are Port Arthur residents; and, WHEREAS, eight bids were received and opened on January 25, 2017, for the above referenced materials, with on Port Arthur vendor bidding (see attached Bid Tabulation, attached as Exhibit"A"); now therefor, P.R. 19663 1/30/17 aw 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 for item number 4 — Placement Level Up 3601 and up per square yard, and was selected as the primary vendor and was selected as the secondary vendor; and, THAT, the City Manager is hereby authorized to execute on behalf of the City a one year non-exclusive contract between the City of Port Arthur and Gulf Coast (attached as Exhibit "B"), Martin Marietta of Beaumont (attached as Exhibit "C"), Martin Marietta of San Antonio (attached as Exhibit "D"), LD Construction (attached as Exhibit "E"), Knife River (attached as Exhibit "F"), Redwine Enterprises, Inc. (attached as Exhibit "G"), Mid County Land Company, Ltd. (attached as Exhibit "H"), and Unique Paving Materials Corp. (attached as Exhibit "I") for road building materials based on the unit prices as shown in Exhibit"A" attached hereto. THAT, funding is available in the accounts stated in the caption. 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: P.R. 19663 1/30/17 aw Mayor ATTEST: APPROVED AS TO FORM: Vod Sherri Bellard Valecia Tiz o City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Brian McDougal Rosie Vella City Manager Interim Director of Finance ,OPP Uk1\ Armando '. tierrez, Jr. C1ifto Williams Director of Public Wo s Acting Purchasing Manager C* I © C 'A G) G) x 'x o n o o ai CD o Y o x Y 0 Y H o� C" b7 a H Y H 0, w CD CD oo = cr c4 w ,u CM ° •rs o 0• w GRD b as ti, r y n n coo c° ¢ w CD �J n cc c i. rl 0 O O ; ; u co ` O. n p. z Oma. u) vj 0 Gi. O 0 0 7c° r° - n c~° c~o m 2,,,_i n al coo —? a• et ° ° a nco co s -I -I - R co 0 c° c ^ 0 ,-.s Q. k' o w b 1 fro G_i. Ar w \ CA .. 'Z rd�H .d Co co = m 4. {q 7� 7y r_n v, 0co gni p. ° < cD C W w a w o o,i Con N• N• C 0 0 .. 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ZZZZZZ Z Z Z ZZ Z Z ZZZ � n' et 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 6 tJ tO td td G7 td td td Cd Cid td td td td td td ,.� Lii aaaaaa a a: a aa. a. a aaa � °- cl 0 CD co y CD : "� cro m ZZZZZZ Z Z Z ZZ Z Z ZZZ9s O O o 0 0 o O O o O O O O o o o N ) b y ,k bd P. bd bd bd tO td td CO W td td td td td bd td •• •• z 0 0 a a a a- a a. a a a a a a a a a a 0 O ,.1 CD m W { 04- �- X `�° or- al A n-1 mo 0 m 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 6 c Z < -� 70m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 0 m 0 N co a CO CO GO CO CO CO G7 CZ CZ td CO td td td td td r, m 0.. 0. 0. 0. 0. 0. a: a s 0.. a a s a: aa � P.R. 19663 1/30/17 aw Exhibit B (Gulf Coast) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 Gulf Coast , 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, 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 30 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 on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Gulf Coast BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 10a Primary Martin Marietta 'h sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta ''A sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"- 1 'A"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 %"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRY E SECRETARY Y TIFFANY HAMILTON MORRIS ALBRIGHT,III , VAL TIZENO KEITH RICHARD O T t T t h U T CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials • DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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,January 25,2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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 77641 I 409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 11/2' 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges,Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-Ill4.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT— PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25, 2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated ZS i�}ZS Aggregate $VI. /ton $di3• /ton $ lel• /ton B. Type"PE" Grade 4 Precoated2S od La Aggregate $(p1•/ ton $ 0, /ton $ 7. /ton 2. Blackbase t.619 le Z90 $�F /ton $,f . /ton $� /ton 3. Limestone $ 416 /ton $'4/6/ton $ NAS/ton 4. 610 Base Limestone $ . /ton $31.'/ton $35 • /ton 5. Type "D"Hotmix Asphaltic Concrete PVT $ w ton $So /ton $ /ton 6. Hotmix Cold Laid Type "D" Zf 0p 15 Asphaltic Concrete Pavement $ 71 .� /ton $ �Q,."/ton $ 1/,' /ton 7 High Performance Hotmix Cold � pa ZS Laid Type "D"Asphaltic Concrete $64..", Z•'/ton $ /ton $ Ij(e,"/ton Pavement 8. Romayor Sand $ NIA /ton $ 415 /ton $ pp') /ton 9. Cement Stabilized Sand (Base Bid) $ Nie) /ton $ ,.hlp /ton $ 0 /ton 10. A. 1/2 sack incremental increase to base bid $ /ton $ Njb /ton $ ul15 /ton B. '/s sack incremental decrease to base bid $ Nit) /ton $ NIth /ton $ e'p /ton 2f es, ZS 11. Concrete Rubble, 0"-8"size mixed $ -/ton $j,p .'/ton $ L. /ton / / f /7 Signature Date Page 7 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2 " size $ /.11())/ton $ N fry/ton $ N/1e)/ton B. Hearth slag, 1'/2"-3" size $141e7 /ton $ N/b/ton $ AV/8/ton sf 13. Grade 3 Commercial Rock $71-lton $41°,--e"' /ton $ 772/ton 5. 14. Grade 4 Commercial Rock /ton $°-H:-/ton $'/.7? ton 15. 5/8" Limestone Aggregate $ Alb /ton $ 141'°j /ton $N/a /ton Location of stockpile,plant or shipping point: 4O i/11-- Cr ; /3tittamoetir--Tic atz;" eo,r' Bk glide �T, COMPANY NA STREET ADDRESS _ ,..0.". AO w- P0• 6„x Zo779 SIGNATURE OF :IDDER P.O. BOX 4E6�tt.,` GtTL-t-/Xv�. gtotwattr /k 1772-0 PRINT OR TYPE NAME CITY STATE ZIP Ugl,toru 5 Arml 4/-09 zay Z6.00 TITLE AREA CODE TELEPHONE NO. IrGbePd.at. r t. l e db e. e old C4( /e MAlle✓;g&,eili • EMAIL FAX NO. Page 8 of 17 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: 746 c-c.dk 7PKTLIF_ Title: /til 47-64/4-L5 Company: /� e—F � � Date: ��u I/Z5r17 SUBSCRIBED and sworn to before me the undersigned authority by--T'' the of, 6,41r-on behalf of said bidder. Notary Public in and for the i` KIMBERLY KAY WORK State of Texas 1906215 \ ?` My Commission Expires \�a October 31,2020 My commission expires:o� aa.-_3 Page 9 of 17 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 under igned 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. -621,4r �5� 1 2 5 /1 7 Firm N�a Date 410 Authorized Signature Title L r - � , moo ' Z_ _ GY Name (please print) Telephone Y'ebe • rwf�ed9e a SCaS'/e afer/u/s • 0 Email STATE: -6 G S COUNTY: e r e--{C S� SUBSCRIBED AND SWORN to before me by the above named on this the 5 day of� . _�-120 . KIMBERLY KAY WORK Notary ID* 1906245 1 Notary Public My Commission Expires 4 .��.o October 31,2020 — — R TU1RN*THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 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. A Name of vendor who has a business relationship with local governmental entity. Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I ' 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.) LI Name of local government officer about whom the information is being disclosed. Name of Officer 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? Yes n 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? n 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. 61 El Check 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). 1] Signature of vendor doing business with the govemmental 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) A vendor 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 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit C (Martin Marietta-Beaumont) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 Martin Marietta of Beaumont, Texas, 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Martin Marietta Beaumont, Texas BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite 1 a Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 1b Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 l0a Primary Martin Marietta %2 sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta '/z sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. _ $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"-1 'A"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 '/z"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr.3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM .• %': CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRIC CITY SECRETARY TIFFANY HAMILTON /•//,/,1 ,h,\�� � ',\\� CY J. MORRIS ALBRIGHT,IIIVAL TIZENO KEITH RICHARD «r t r t It u-- CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI I( CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/2" 100 1" 90-100 3/" 70-95 3/8" 50-80 _ #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 • 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. 'i2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 V2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET 0'-"N PAGE 1 OF 2 t BID FOR: Road Building Materials BID DUE DATE: January 25,2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $28.00/ton $24.00/ton $ 28.00/ton 4. 610 Base Limestone $38.00 /ton $32.00/ton $38.00/ton 5. Type "D"potmix Asphaltic, , Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type "D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $31.00 /ton $ 27.00/ton $31.00 /ton 9. Cement Stabilized Sand (Base Bid) $ 26.00/ton $21.00 /ton $ 26.00/ton 10. A. 1/2 sack incremental increase to base :)id $3.00 /ton $ 3.00 /ton $ 3.00 /ton B. 1/2 sack incremental decrease to base bid $ 3.00 /ton $3.00 /ton $ 3.00 /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton " i BHI Kelley 1/24/17 PI Ar Si_na r- Date Page 7 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-11/2" size $ /ton $ /ton $ /ton B. Hearth slag, 11/2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8"Limestone Aggregate $ 36.00/ton $ 32.00/ton $ 36.00/ton Location of stockpile, plant or shipping point: 2190 South Gulfway, Port Arthur, TX 77640 Martin Marietta 5675 Fannett Road 77705 COMPANY NAME STREET ADDRESS ,// P.O. Box 5187 F.I .1\1 TU OF BIDDER P.O.BOX Bill Kelley Beaumont TX 77726 PRINT OR TYPE NAME CITY STATE ZIP Sales Representative 409-835-4933 TITLE AREA CODE TELEPHONE NO. william.kelley@martinmarietta.com 409-654-3330 EMAIL FAX NO. Page 8 of 17 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: Bill Kelley Title: Sales Rep Company: Martin Marietta Date: 1/24/17 6‘.1( SUBSCRIBED SUBSCRIBED and sworn to before me the undersigned authority by 0.(b the of, on behalf of said bidder. LAI: juo Notary Public in and for the AMI SUE DORN State of Texas ii 7 *= MY COMMISSION EXPIRES July 7,2019 My commission expires:. '1, a01 f Page 9 of 17 1 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Martin Marietta 1/24/17 Firm Nam Date c Auth.olfieiglature Title Bill Kelley 409-835-4933 Name(please print) Telephone william.kelley@martinmarietta.com Email STATE: Iiik/ 6)0 COUNTY: /..c.10,00,.) SUBSCRIBED AND SWORN to before me by the above named 1J► 11 KSI`- on this the dLi" day of ja.wjan , 20 11 . C-41: St JOIL-1 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ,�0'r*," AMI SUE DORN .. MY COMMISSION EXPIRES '; , July7,2019 Page 10 of 17 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, 94th 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. J n I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' I 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.) Name of local government officer about whom the information is being disclosed. Name of Officer 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? Yes 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. Check this box if the vendor has given the local government officer or afainily 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 P CONFLICT OF INTEREST QUESTIONNAIRE ;11 For vendor doing business with local governmental entity [E Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ it Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. jai f 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 10 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 :0 (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): :h (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor it: id (2) the vendor: (A) has an employment or other business relationship with the local governmentofficer 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 sl (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 i} 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. li 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: of (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: ri (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 11 governmental entity;or it; (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. 'V Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shalt 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit D (Martin Marietta-San Antonio) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 Martin Marietta of San Antonio, Texas, 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Martin Marietta San Antonio, Texas BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite 1a Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) __ $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 , $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 10a Primary Martin Marietta '/z sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta 'h sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"- 1 %2"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 'h"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR .„ , BRIAN MCDOU'GAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: Citi of r'o SHERRI BELLARD,TRMC • \\ ! CITY SECRETARY TIFFANY HAMILTON /�tf r, MORRIS ALBRIGHT,III ;� VAL TIZENO KEITH RICHARDcf r t !li T! Y CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Te.to.s CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P17-014 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 writifng to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamst portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/z" 100 1" 90-100 3/<<" 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %Z sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25,2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated gf.1� �°� g��S Aggregate $ �/ /ton S •/ton S • ton B. Type "PE" Grade 4 Precoated1/� 60/ VA(c, Aggregate $' /ton $�LP•/ton $°ll�• /ton 2. Blackbase NO$ BID/tonB/toon $NO MP3. Limestone Np Bron Np BI`/fon Nb Bron 4. 610 Base Limestone NO Bron NO MR $14-0—Air. 5. Type "D"Hotmix Asphaltic Concrete PVT NO BI[Zon NO BEI $NOiri 6. Hotmix Cold Laid Type "D" T� Asphaltic Concrete Pavement NO�Q'ton NO BM, YO BA 7 High Performance Hotmix Cold T��(� � Laid Type"D"Asphaltic Concrete NO Btt't4n �� . RI'/fon NO B Pavement 8. Romayor Sand NO RITZ), Neon NO BI+bn 9. Cement Stabilized Sand p�� / (Base Bid) NO BM' 4\i lI`,;,'�' -_�-� B1r 10. A. %2 sack incremental increase to base bid NO BiDn fq on NO lar,10 B. 1/2 sack incremental decrease NO BID to base bid $ /ton onBIIn No imp 11. Concrete Rubble, 0"-8" size mixed NO Bin NO B ' s. o� d� 17 ! I Signature Date Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2" size NI() Eg on N0 Biz yo BAR B. Hearth slag, 1%i"-3" size 401—BNO B, Pi NI 6Apton 13. Grade 3 Commercial Rock WABICT NO BI.5nNiq Fur/ton 14. Grade 4 Commercial Rock S �Iion NO BIn 15. 5/8"Limestone Aggregate Jon f Location of stockpile,plant or shipping point: 410 K"' • 10)• 1A Mo O 7I l [ nM*jiti t-lo tA --- motn Zd S\-tit( COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX Lig AVOIo can n►() -N2yq PRINT OR TYPE N ME CITY STATE ZIP jr (cc, 2 0 070 S�G�LS [ 2 0� �- T11'LE AREA CODE TELEPHONE NO. Lisa -Qvuu. u tokAKAM . cVi\ 21020 q-0 V° EMAIL FAX NO. Page 8 of 17 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: 4 Printed Name: u sQ i / .. o f Title: lrt ('n/ gen 4�tn(M Qry IVti? Date: 01120117 b S, f SUBSCRIBED and sworn to before me the und- -'• L thon., byp� t ,/ of, � T-^ n behalf of said bidder. ,l&. 1. .k UAW- Notary -uolic in and for the State of - as a�og'�da E�r,yeeefwi�e�ll�I�tiewmr.wori . rr✓Y: e'r 0,,,5: �:° - assts ltrt� 'c`.o ,. ; My commission expires: e `n., t.'''1,"r4 STA,T E vF'T c...XAS is a, \fry Q' My Comm.Expires 8-05-19 s< ` •))>; )M-Vir..0)::3))>))-377))V>V i i.: Page 9of17 -0 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: 17I 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. Maqin m i 01/20117 Firm Name Date (110.40/1 iiISICI. CSGlla Authorized Signature Title LA' a 2 (o 20gI-070 Name(please pri t) Telephone fid.arau j Email STATE: - i_ _i COUNTY: 1 IS Pr ' -,,11 SUBSCRIBED AVWORN to before m:, 1 . he above named A i / I on this the 6204 o �1 J , f ' tiail timillki _ No ' g ,�.,� �_/ RETURN THIS AFFIDAVIT AS PART OF TH:IBID PROPOSAL l%1!1!r'.?divbvyvwe'.''ifr'e h'FmvrmvfillNll?i/ .v?:y Pv�. A �i co Na l f& fi!It�om 2` . t' I4CTAR�Y P..yrt3i_ir' { ST/ATE:OF ' „1/4 e,t My Goren.Expires 8-05-.9 ?i ,Mm3)=1,>))))))?:9,'35'?3m»))))3;>)));C Page 10 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This question iaire 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 Coda. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. J n 1 1 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.) Name of local government officer about whom the information is being disclosed. Name of Officer 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? Yes 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. F-7 Check this box if the vendor has given the local government officer or afainily 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 P CONFLICT OF INTEREST QUESTIONNAIRE ;11 For vendor doing business with local governmental entity [E Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ tt Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. [at f 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; 1C (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 governmentofficer 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 sl (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 o 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) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: u (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 1113012015 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 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.: Department, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in 'his 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. Page 16 of 17 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit E (LD Construction) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 LD Construction , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 LD Construction BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor 1 Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary _ LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 10a Primary Martin Marietta 'A sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta 1/2 sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"-1 ''A"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 'A"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC - i \ /$0\ ` \ CITY SECRETARY TIFFANY HAMILTON � ��� MORRIS ALBRIGHT,III t VAL TIZENO KEITH RICHARDO r l r t h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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 Scone 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 77641 I 409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDINC MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 11/" 100 1" 90-100 %., 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 13. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25, 2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate S 7,Z oo/ton $G5=°/ton $ 720/ton B. Type"PE" Grade 4 Precoated Aggregate $ 72 /ton $45- /ton $ 7,2 /ton 2. Blackbase $ ?/t./ton $ G/e_/ton $ 'I/ /ton 3. - Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ 75°`/ton $C.1-4°/ton $ 75a/ion 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $A0'21-/ton $ 72°"/ton S,'C /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton • 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 10. A. 1/2 sack incremental increase . to base bid $ /ton $ /ton $ /ton B. 'h sack incremental decrease to base bid $ /ton $ /ton $ /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton ignatu Date Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2" size $ /ton $ /ton $ /ton B. Hearth slag, l'/2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: lv 4_1(.&/1 / GCG� / o7)7; 17 &Leff t °!1j /-- .' ISI/ .I . �� L'i. "41; COMPANY NAME STREET ADDRESS SIGNATUR OF BIDDER P.O. BOX 7;// ,6 1 7 777e 7 PRINT OR YPE NAME CITY STATE ZIP Am lit //Q 9-BGS -72G 7 TITLEv AREA CODE TELEPHONE NO. /7/7dod az eery 4i9-866 -A/"-/4/7 EMAIL FAX NO. Page 8 of 17 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: i Printed Name: 0, 11 Title: //CIA Lie l t- Company: Date: �a�y fff/ /7 ,�– aizz_ �4C<n sfns SUBSCRIBED and sworn to before me the undersigned authority by .fit the .2 /71. behalf of said bidder. / /y,�� dam, ������lu u u ll/ e���>> ��cKi LV7i, Notary P 1)1' in and for the •p'PRYP(}1)••••� •,; State of Texas r/� – My commission expires: 4.'l/27/ 77' ,••'•EXPIRES.• ��• „43-2611 43-211 \\` ‘ Page 9 of 17 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. E) zth/ //,2, -/2o/7 Firm Name Date Aut orized'Signature Title Name (please print)7-A / Telephone ( ' d, 7) ! k o/ &,--/r7 Email STATE: oi .\���� 101 LYrz, /m /� ��tPRY P�B(i. COUNTY: 4411A, -- i:- i ,4- %. I SUBSCRIBED AND SWORN to before me by the above named / aLJUn- %,y•••••FXPIR .••• ir S�2011 ��O on this the day of /!u 20 ����►►'►�����������\\ Notary Public ' RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 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. 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 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 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? Yes 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 11.1 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. J Check 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). //Z5/.20/ 7 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 t` 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 governmentofficer 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; cn S (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) A vendor 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 tt/30/2015 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. Page 13 of 17 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shail be vested in die 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.: Department, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced. as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 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 agreemci►L bet een OWNER and CONI RACTOR. 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit F (Knife River Corporation-South) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 Knife River Corporation - South , 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Knife River BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 10a Primary Martin Marietta Y2 sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta 'A sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"- 1 %z"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 %"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYORBRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM :'\ •;11V" =` CITY MANAGER COUNCIL MEMBERS: Citti of City _' SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON VAL TIZENO MORRIS ALBRIGHT,III KEITH RICHARDCITY ATTORNEY WILLIE"BAE"LEWIS,JR. r)I`t I"1�l It Y OSMAN SWATI CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25,2017 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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 writini 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 ManagerShawna 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 ' ' 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 9%, Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock _ 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25,2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ 27.00/ton $ 22.00/ton $27.00/ton 4. 610 Base Limestone Grey $ 43.00/ton $38.00/ton $43.00/ton 5. Type "D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ 27.00/ton $ 22.00/ton $ 27.00/ton 10. A. 1/2 sack incremental increase to base bid $ 3.00/ton $ 3.00 /ton $ 3.00/ton B. %2 sack incremental decrease to base bid $ 3.00 /ton $ 3.00 /ton $ 3.00/ton 11. --Concrete Rub• = "-8"size mixed $ /ton $ /ton $ /ton 1- 23 2011 Signature Date Page 7 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag,0"-P/2"size $ /ton $ /ton $ /ton B.Hearth slag, 1Y2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $45.50/ton $ 38.00/ton $45.50/ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: Dollinger Plant-2120 North 7th Street,Beaumont,TX 77703 Bridge City Plant-3116 Texas Ave. 2.Bridge idg eke ity,TX 77611 Sour Lake Plant 2225 S. Hwy TX 77559 ife River r- rati - Routh 4825 Ramada Road I'ANy N - STREET ADDRESS Oi r I PO Box 20257 r R OF : IID D . P.O.BOX Albert Wamack Beaumont, TX 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager 409 842-2100 TITLE AREA CODE TELEPHONE NO. albert.wamack@kniferiver.com 409-842-9393 EMAIL FAX NO. Page 8 of 17 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 relate• to v ; developm:. • ubmission of this bid proposal. Signature:Sig a ` Printed Name: Albert Wamack Title: Sales Manager ---___ Company: Knife River Corporation-South Date: January 23, 2017. — SUBSCRIBED and sworn to before me the undersigned authority by the 23rd of, Jan on behalf of said bidder. r ...........................iMr.. jtil Ai tiZA naq y` a"a..;., ANN BERNARD Notary Public in and for the _I• = Notary Public,State of Texas State of Texas ;. ' ° My Commission Expires ICI ;; October 10, 2016 1 So f My commission expires: 101 120($ Page 9 of 17 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 und- ..gned 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 117 eding 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. Knife Riv:r ••• •• -tion-South January 23,2017 a r Date Sales Manager • uthorized Signa +ire Title Albert Wamack 409-842-2100 Name(please print) Telephone albert.wamack@ kniferiver.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Albert Wamack on this the 23rd day of January , 20 17 . 4 I a > ANN BERNARD W i ro.: •r£ Notary Public,State of Texas Notary bile .: :a My Commission Expires y-f r °s October 10, 2018 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 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. Not applicable 2.1 (� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t t 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.) Name of local government officer about whom the information is being disclosed. Name of Officer J 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(ax2)(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 CIO 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? nYes r---1No 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? {-7YesnNo 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. Check this box if the -••or has given the local government officer or afatnily member of the officer one or more gifts ... described in S=ction 1 . 003(a)(2)(B), excluding gifts descri d in Section 176.003(a-1). ‘111t, 4 \ January 23, 2017 ignai = _ .or doi g bus-ess 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 [I Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes•legis.state.tx.us/ tt Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. l2 f 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 governmentofficer 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) A vendor 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 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested iii 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 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 Lciween 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit G (Redwine Enterprises, Inc) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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, Inc. , 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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, Inc. BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction_ $72.00 $72.00 Gulf Coast S63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90_ Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 10a Primary Martin Marietta 'A sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta 'A sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"- 1 %"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 '/z"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder I No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM � \�, (j1�/ CITY MANAGER =` E:.... COUNCIL MEMBERS: ('i pr' Cin SHERRI BELLARD,TRMC f%/1 .tg: J \ CITY SECRETARY TIFFANY HAMILTON ` 1 MORRIS ALBRIGHT,III t� _ VAL TIZENO KEITH RICHARD rt T'1 r t h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI TeXaS CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P17-014 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 77641 I 409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAP TU"!! f1Nr JnraTERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 • B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or,will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: V2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT — PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 _ ' , p, (TUN � � PORT T ----- ------'— B|D S111.-1-l __________ Y�� i}'�l - > l _ ' '''N III |()|�: K`x.| |\oi|Jm!. \|.U/rix|� ��+* ~~` U|0 Ui [ I) \ I Jxnuxr> �5. 20|7 1 | !'.) '' 0i$C&lYl1��N STOCKPILE pi ����N�S[[E `~ ---`- ------- -----' ------ ----- i \. | pc 1'[- ( iu.|c ; >`ucmm| � \�.;u, '.o $ x./' $ ion * 'ton H | `|'e -PI.- ()nJc1 |`rec/u|cd \!,),)x•:'.xc $ loll $ 1on $ Atm .` U|xck|`x`/ $ ion ` i� on � in ` | im,,u"e � ion $ ,ton $ /.`o | h|U Base |imcskxnc $ /ton $ _ �/ton $. /111 . � | !pc "Ir ||oUoixAsphaltic ~ concrete Pvt. $ 4ou $ /{on $ 1on - ' �` | |..om` ( .JJ I aid | !|`� i/• .\`p|ukik. Concrete |`xruncx| $ /\om $ /ton $ 1nu � | |igh Performance |k«m\x Cold |x'J l !p/ -1)-Asphaltic Concrete $ \w/ $ /ton $ /ton | uunun| ' 1(.`o'�0../ $x11J $ ).`o $ /twn $ .o'x `; ('uo)..ix \uhi|i//J $xnJ *" . - ~ iUx~/ Hid) $__ x`n $ 1^n $__ 1011 |o A. ^' sack incremental increase |obase hid ^n n •$______/ on |i ' sack incremental decrease * |N/v/ hid $ 'ton $ --_/ton $- - _400 | | (\'/ure/c Rubble. U''8' site mixed ' ton $ 0 3(1 n $/�' � on /' :j ���������, `' ` / '~_^ �'^'^ ^' �/�ox\mrc |)xle . . CITY ()F l'()RT A111111'12 TEXAS BID tilIFFI PAGE 2 OF 2 I Ft: \I li DI:SCRIpTicy\ sToch:191.1.. PLANT WI/RW.4M ..._..._, ._..._. . , , f.mt \ I Ic.irth .1.1p. Ii- I ' • - lik. . ion $h.',:i , ... It I IcAith ...I.L.' I ' - ; .dik• 's.) In s' 1(111 $ ik,11 ' l 11.RIC ( :,1:1111C1VIAI RI)Ck S it'll S "On $ , 11111 ! 1. (IIZIlle .1 ( 1/111111Crelal ICI S 1011 $ /1,011 $ ill)11 i • l S- I in1C11011e :\12Vregale $ ./1011 $ /tOn $ /ton I 0,.;Ition ol,tockpilc. plant or ,,Iiippirq2 point. ,_;?(:) / " V.-1-2L- -ro - ,...,.. ( ) i 11 -, -) -\,..(..1' ',..:,0 ., -, -1Y i -1 /- (/(..:) ... K 1 _.-r.-, _. .. v.-, /..:-/-)- . 1 r`. sv.-.: --#/v(1- ir " ,:9e.) I tio //,. i 1.-0(< !,..?.. ic\ip \v„,- \ \\II S I RI.I.1 ADDIZI.SS .) i) i 2 t Gt, .7(ICI. ' 1 N--\ I l'Itr. OF UI!)!)IR RO. BOX di) TP-1-- f - L-L4.- .—n( "776 VC) I,Iw,„I ( )R 1 VPI \ANII CI IN - SI A IN /II) gi. . 722- --'3'73 Hill ARM CODE IFI IT!IONF NO. 't f e • 64..)t,--) • (-:: -.63. _ cit. (..5 6-1 I -\>, No). page g or 17 ` ON -( 0i .1 t `+itl:` •\FFt1),' \ Ii _r1 P.)tl I AR II iUR § § StA1 L OF TEXAS — § tare signature below. the signatory for the bidder GO!t'f;es that neither he nor the firm. corper,aturrr l o sh;r 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, el seq., Texas Business and n!.nerce Crock or the Federal antitrust laws. nor (:onrniunicafed directly or indirectly the bir? made ;> any competitor or any other person engaged in the same line of business. nor has the signatory or acbn(:3 for the firm corporation or institution submitting a bid committed any other act of related to the development and submission of this bid proposal Signature 1 1 p� - pt Printed Name- 't _T f'c l _y l y... •. t Itle Company. Date, _ 1 :) S Zug 7 a� dvt. SUBSCRIBED and sworn to before me the undersigned authority bye the of �t�z`r'���ra nermi! of said bidder G ht '\ 0)` -- :,'^'"` TANAMONTALVO Notary Public in and for the *= MY COMMISSION EXPIRES State of Texas f p....., July 3,2017 My commission expires: 1 3\ 1%Wl7'1 0117 • )11cior's Responses containinti. statements. letters. etc.. shall be signed by ti did\ authorited officer ciimpaio \\hose signature is bindilg. offers and Algsecs to one iilthe ilio Mg: \ 111•11 (In Hill OU! 1:111dinr delM, ( of Port Arthur. I nirthei agrec Ii pa\ dall' I I beeiiii le WIC !HI Ido hale ooKt:todio:, HcH: E!' Port Mid d$r!li'l.' to pa avisecinciii I runherpa' debts as (hey become due. hereh certik that 1 (11) hale debts the CilV Or Por( Arlitit and 14.),reC to enter into an eeiicnt lOr the pa\mein olsaid debts. I fitrther agree to pa\ succeeding debts as they become tine. t-7/ 1.1 /\ • • (' 'c2,5•• .-201 Name Dale t v\ _ 22 - 37 - (please print) - elephone • C.: orail FATE: ( \ t \ : 3.t4tA\U1 t I ( ll AND NNVORN to before me by the above named RI 4A.Vq kYlt, hi Ilk' da\ 1 _ 20 \-1 \1 Notary public 12'.\ fIllS AFFIDAVI P \iI OF I ItE PIZOPOS \I. TANA MONTALVO MY COMMISSION EXPIRES July 3,2017 Pile I o 01 17 CC)NFLICT OF INTEREST QUESTIONNAIRE FORM C:1( ' ''1 vendor doing business with local governmental entity i :e> ;torts tiorm.rire reflect... chanylas made to the law by H.B. 23. 84th Led_ Reyulal Session OFFICE USE ONLY ' : I o.,.I t 1 rt n :dill har'11.- l•' L•. it ;cv Inns_nt•-_-•ode nd.:i 'Mr. .:'i I ,Ill,: :I 1-I, i.'r I:, ,7-.''G I;'"; It.I tI ';ai with a I,:' 'II r Dat„, r ( ff'-�•-rr:>�I .'.?Inm:.nt.11 entity .nut thn, I Lt 1 Ll.•; ..JI'111•?I,: , i -,rl)unhar sitar ill rl'. 1, :,I.! V,MI!,:'ltnl r)n!ity not lat,N I .. • L. .i 7 I _ ,.I. ,i L. l I,11 ,;,. itto I IbPrdnl . .. _ :,1:1,.I I':t•':'.I•'�,.11 .i II ..'i "� .., r'. :r rl;. •I'il '�:��: •:1 Tr- Name of vendor who has a business relationship with local governmental entity. t• I_ _l update Check this box if you are filing an date to a previouslyquestionnaire.uestionnaire.r 1 he law r,.cnnlrr'r,tIvit .i !� -7 I... ii.I,L: iltll!' .:it', Iiic it a I ,•,II � ,,. . . .t X71 i'. .il :no t bIl"rlr.....• .la�i EtJli'.:I llir d�l!r. .. i)�. I .I?... !t. Ci'L, .I.I'I �' :,, .,Ip it .ii.{.� .,;1(. 'I I:: 'r1!)i':•!c' ,)' ;l;ii;-'Lf�lir. Y-T _ L;J Name of local government officer about whom the infor nlation'is being disclosed. Name of(;fuse; aJ Describe each employment or other business relationship with the local government officer. or a family member of the. el hoer.as described by Section*I 76.003(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 c;10 as necessar y. A tI•,.. -ll ;I )verr,rT e it ti oe' at a lapilli` member fol that officer recelvltu ce likely - j;,r;;-.�• / J 1(; lcifrll,lr. ,.- Invi,,,,rinenr income. from the vendor"' 1 vi,••• •R 1.`i% _:,til'-.( 7 I 1 r•,ld ift.:. .t.)or tl 44.4 r::ticoi Am. 1 -1\ it'I. rl;:':,ni c- Iti nri :. No 7.0 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 per cent or more. — Check this box if the vendor hat;gk!n1he local'lcverntnelll officer or a family member of the officer one or ore giftc, L----� t. rira.i i;-;•: in Section 176 U0_ -:1),^' F, excluding gifts described inSecti 'l on 176.003ra-1 i r ak: d , ..iit t:i114 I II I .:a zu I ; 14::)i{ 1'A.\ 25 8305000 Jones Truck Insurance Iej 0001 " /1( (,)ti'i) CERTIFICATE OF LIABILITY INSURANCE OAIF(IvIt0fDDT.i(() k.—.-- 1/24/2017 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. It SUBROGATION IS WAIVED, subject to the helms and conditions of the policy,cel lain policies may require an endorsement. A statement on this certificate does not contet rights to the certificate holder in lieu of such endorsement(s). COI1'FACT ERICA NAME. _.,I• Tr`1r•{: 11::;111'n1 !,,,:, PHor•!E it .. .. ,FAX. _.. I�r,< (AIC.rho Ext) �) 36 :444 (Air.No) 1zsn J z 6-asss : '! -„i I Road LI AIL s eri ..aOlr]nestruckinsurance.Com nnr•E INSURER(S)AFFORDING COVERAGE NAIC 0 T:: 76703 Irr;In,rR,: (.,ROrJ1lE5SIVE COUNTY Ml1TUAL Instp:C , Ins!i1:1 R13 • i E:[,$:'INE ENTERPRISES. INC, DBA: R.EDWINE CONSTRUCTION INA,ii Ii :1 1 4 LEE STREET •INSURER D fNS1IRER F: Nr.E!'@it:..:-.tJ1) TX 77627 INSURER F COVERAGES CERTIFICATE NUMBER:16/1 7 Master_; REVISION NUMBER: T,I,!: IS TO CERTIFY THAT 11,E 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. I1ISR. _ - -- - .ADDL SUER. - ._ 1 POLICY EFF -- POLICY EXP LIR Tl'PE OF INSURANCE 'IP{S[J',ry•,ip' POLICY NUMBER �(Mrv1/DDfYYYY) (MMlDD1YYYY I LIMITS COMMERCIAL GENERAL LIABILITY i1 I II _ 1Ir I fIJ1 ,.( I" - .. _. �I r1 F7 rI'iTffT IIIc I.I la .c« n v II I f' I tI .. . 1 I• I I iIAI I, ail I 1': III!..,1 ,. r, • • . • L�TOMOBILE LIABILITY ,_.-rn1iJLlF rl -.IP 116 1!HI l i 1,000,000 I.:- ,.,,:.•:i I.rill ,I III.'i 111 M.1p (1,4 r I ,,n) .. - •: 05756539-0 112/11/2016 12/11/2017 I I.W.DII.(IFJ. II'r (I•.•, ..I/1' , - f 7 1,1-•1111 UMBRELLA LIAR I, H,:,C, I Ir IH!' L ','_ EXCESSLIAB WORKERS C IMPENSATIiIII I f l r - I i t I AND EMPLOYERS LIABILITY i!'•',I l i L _ I (Mandatory in NH) I[•I I J'•.��I tl -I 17 1 • YfrJ .. ' N/A' ( ✓ i �I II,L.' ( Ic(-•r.II1, ,I 4. L i i L I. I)1,=.1=, r I',-,h' 111.1I1 I 1. A Fl:r_ir_al Damage 05756539-0 112/11/22016 12/11/2017 ,_,imp',.,:1119.:n DEDUCT. $1,000 LF SCRIPTIon-..F OPERATIONS t LOCATIONS f VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION (409)721-9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF PORT ARTHUR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 4TH STREET ACCORDANCE WITH THE POLICY PROVISIONS. PORT ARTHUR, TX 77641 AUTHORIZED REPRESENTATIVE .1.-LL• .1-11.,.:::.II:*L:k f�-.:-- ) .---- @ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSItS F CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity IE Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ It Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. [at f 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 tee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; tC (B) a transaction conducted at a price and subject to terms available to the public;or ;e (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): `h (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: id (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 SI (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 T governmental entity;or it. (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 11/30,7015 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 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.: Department, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 Page 14of17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 1`` 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. Page 16 of 17 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit H (Mid County Land Company) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the _ of , 2017, 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) _ Primary _ Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 l0a Primary Martin Marietta '/2 sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta '/2 sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 _ 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag, 0"- 1 'h" size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 ''/2"-3" size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr. 3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TENI J L�( ���>,;�� r��i%is CITY MANAGER F � � SHERRI BELLARD,TRMC COUNCIL MEMBERS: Cit) of f� �, Cif) i � r CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT,III - VAL TIZENO KEITH RICHARDp r t t h ra r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Ti. us CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9, 2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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 ope 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.williamsportarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 1444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING NE4 T'FRI.AI,S 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type 'A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing_ 100 1" 90-100 70-95 3/8" 50-80 _ #4 30-65_ #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 'A sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.uis/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25, 2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ - /ton B. Type "PE"Grade 4 Precoated Aggregate $ /ton $ _ /ton $ - /ton 2. Blackbase $ /ton $ - /ton $ /ton 3. Limestone $ /ton $ - /ton $ - /ton 4. 610 Base Limestone $ /ton $ - /ton $ /ton 5. Type "D"Hotmix Asphaltic Concrete PVT $ /ton $ - /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ - /ton $ — /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ " /ton $ - /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ !ton $ - /ton $ /ton 10. A. 1/2 sack incremental increase to base bid $ ` /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid $ J /ton $ - /ton S /ton d° 1 1. Concrete Rubble, 0"-8"size mixed $a i •• /ton $ aO /ton $a t /ton /Alp V2,3/-7 Sig .re Date Page 7 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2 " size $ /ton $ /ton $ _ /ton B. Hearth slag, 1'/2"-3" size $ /ton $ -- /ton $ - /ton 13. Grade 3 Commercial Rock $ /ton $ - /ton $ ` /ton 14. Grade 4 Commercial Rock $ J /ton $ /ton $ - /ton 15. 5/8" Limestone Aggregate $ /ton $ - /ton $ /ton Location of stockpile, plant or shipping point: U1 (htk k5 \ t\(A1. C lcL e Pork M\Y\us 16 V (Aa (04.Kly L xti Cd0,41 y Lk(A. 1100 C1"t0t)Port Rrthig,1 X 110.6 COMPANY MAME STREET ADDRESS Ar, SIG" • ". • OF BIDDER P.O. BOX .61(0- s• \e,rnM Nedcrlanul 1/Ca-1 PRINT OR TYPE NAME CITY STATE ZIP Palk1MX (-4 uk) Yt l am TITLE AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 8 of 17 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: f YOC - c. vejCn0v., Title: par tYter Company: (h (,(IU.V,ty Luta C1f4YlSOKh j,1.-cct Date: SUBSCRIBED and sworn to before me the undersigned authority by �3°. the , \o w.x°jof, 0-cilon behalf of said bidder. e„<< TABATHA R MATHEWSON Notary Public i a for the NOTARY PUBLIC STATE OF TEXAS State of Texas JOy 'E°6- MY COMM.EXP 7.21-2018 I '�1o<6�O O My commission expires: Page 9 of 17 t �, °` AFFIDAVIT 0 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 and 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 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. eila COV*Ak3 utA Compaht30L / 3/I 1 Firm Name Date Ilnn oo LII__ ________________tl�� A Signature Title M0( - s_ \JCA\N , Li.of1 — ' I — ac); 1 Name(please print) Telephone (Nt(OtaAk@ (avi c.,-k Email STATE: T-e-X c., COUNTY: 3 e-({'ecsotr\ SUBSCRIBED AND SWORN to before me by the above named l)t`oc_.\(\ S .0 R.('ti&\. r� on this the 02 3 - day of:Ac,,\oc>f. , 20 19 . 'T----0,,,,y,s«\_.:,_. 'K. l'llosin(L, .^, t TABATHARMATHEWSON Notary Public NOTARY PUBLIC h STATE OF TEXAS Nrf OR�,* MY COMM.`it t10 N� •:1 IS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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. 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer 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 CIO 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? Yes 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. Check 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). jj 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 F CONFLICT OF INTEREST QUESTIONNAIRE ;1 For vendor doing business with local governmental entity LI Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ It Docs/LG/htm/LG.176.htm.For easy reference;below are some of the sections cited on this form. lu f 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 governmentofficer 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) A vendor 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 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by ' the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. Page 13 of 17 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 Page 14 of 17 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 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, thetime 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 17 of 17 P.R. 19663 1/30/17 aw Exhibit I (Unique Paving Materials) P.R. 19663 1/30/17 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2017, 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 Unique Paving Materials Corp. , 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, 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 30 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 on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R. 19663 1/30/17 aw 8. 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 Unique Paving Materials Corp. BY: BY: Brian McDougal Representative City Manager Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by N o. Location Stockpile Plant Worksite la Primary Gulf Coast $69.25 $69.25 Martin Marietta $26.00 (San Antonio) Gr. 3 Precoated Aggregate Secondary LD Construction $72.00 $72.00 Gulf Coast $63.00 lb Primary Gulf Coast $69.25 $69.25 Martin Marietta (San Antonio) $26.00 Secondary LD Construction Gr.4 Precoated Aggregate $72.00 $72.00 Martin Marietta (San Antonio) $63.00 2 Primary Gulf Coast Blackbase $62.90 $52.00 $62.90 Secondary LD Construction $71.00 $61.00 $71.00 3 Primary Knife River South Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $28.00 $24.00 $28.00 (Bmt) 4 Primary Gulf Coast 610 Base Limestone $31.75 Secondary Martin Marietta $32.00 (Bmt) Primary Secondary 5 Primary Gulf Coast Type"D"Hotmix Asphaltic $69.40 $58.50 $69.40 Secondary LD Construction Concrete Pavement $75.00 $65.00 $75.00 6 Primary Gulf Coast Hotmix Cold Laid Type"D" $71.25 $65.00 $71.25 Secondary LD Construction Asphaltic Concrete $80.00 $72.00 $80.00 7 Primary Gulf Coast High Performance Hotmix Cold $86.25 $80.00 $86.25 Unique Paving Laid Type"D"Asphaltic No Secondary Materials Corp. Concrete Bid $122 $122 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 (Beaumont) Secondary No Bid No Bid No Bid No Bid 9 Primary Martin Marietta Cement Stabilized Sand $26.00 $21.00 $26.00 (Beaumont) Secondary Knife River South $27.00 $22.00 $27.00 l0a Primary Martin Marietta ''A sack incremental increase base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 10b Primary Martin Marietta 'A sack incremental decrease base $3.00 $3.00 $3.00 (Beaumont) bid Secondary Knife River South $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble Enterprises,Inc. 0"-8"size mixed $17.39 $17.00 $17.39 Secondary Mid County Land Company,Ltd. $24.50 $20.00 $24.50 12a Primary No Bidder Hearth slag,0"- 1 '/2"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 12b Primary No Bidder Hearth slag, 1 ''A"-3"size No Bid No Bid No Bid Secondary No Bidder No Bid No Bid No Bid 13 Primary Knife River South Gr.3 Commercial Rock $45.50 $38.00 $45.50 Secondary Gulf Coast $47.25 $41.00 $47.25 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bidder No Bid No Bid No Bid 15 Primary Martin Marietta 5/8"Limestone Aggregate $36.00 $32.00 $36.00 (Beaumont) Secondary No Bidder No Bid No Bid No Bid DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEN[ uu„4CITY MANAGER ,41 COUNCIL MEMBERS: Citi'of SHERRI” SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON / ‘t MORRIS ALBRIGHT,III � i c VAL TIZENO KEITH RICHARD .lit)it)r t r t f1 r jCITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSNIAN SWATI Tc.t.as CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 25, 2017. (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, January 25, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P17-014 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 Bial or Scope of Work should be directed iii E tines 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 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I 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 17 INVITATION TO BID Road Building Materials (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 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50_ #40 10-26 #200 3-10- 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 17 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 17 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1I 1.3.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS —PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST— ONLY IF THERE IS A CONFLICT. Page 6 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 25, 2017 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ 7ton $ /Z2 /ton $/Z2 /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 10. A. /2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. '/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 11. Concrete Rubble, 0"-8"size mixed $ /ton $ /ton $ /ton 4,affel 1G1(4fie, -/A _.S4_4 /-/6 -/7 Signature 7 Date Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2" size $ /ton $ /ton $ /ton B. Hearth slag, 1'/2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: !'147-4Zf,1 6 /f eSO(fi€. 3 6 z S,9,E bt/,�,46 D,2�vE PD T�LLTit� Z-41 C0767 y L1iviar/E4/7,4- /1109'Tzes///‘ ,de#4'- 3193 E 13 9=4 COMPANY NAME STREET ADDRESS q®I X SIGNATURE OF BIDD' P.O. BOX b ,'4w /A ,2 / �i� /4W,D PRINT OR TYPE NAME CITY STATE / ZIP 2lfsaie 2 /1- 4( 7 880 TITLE AREA CODE TELEPHONE NO. a/e1We4(/- .‘/%4"-z/e/I/45., --- 3 &S-7t/ EMAIL caifFAX NO. Page 8 of 17 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: arnefe- / Printed Name: 0��� )17- 7-0.„1-r,94/ Title: Company: V/Vla(JFr1f�l/�� �f������s C�•e�°� Date: / 7- /7 SUBSCRIBED and sworn to before me the undersigned aut ority by the of, K on behalf of said bidder. 0r/ i/2o/ 7 Notary Public in and for the State of ies- Oh. My commission expires: 61-a, 2 Z°/9 Page 9 of 17 i 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 unders. ed offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Uili L1, v % SLS Cote, /-/7--,77 Firame v„,..„7,______ i_, / i , -------- � -ice- arie. Authorized Signature Title Z)0,4 4 9Z--.6 li' ll 0 i 7 2 40 ./7/•6V >Z./‘— ' 444---, 4CS '&90 Name (please print) Telephone 2.<ZS" (1:V/CW,E-eit(/.//f/ a iz -Zc-C 0./e/ Email STATE: n COUNTY: 4, p/v A...."/ f 1 SUBSCRIBED AND SWORN to before me by the above named A vw i T"Z6r�, --7-; on this the I7 day of Jew VA' ,20 /7. Not.v Public My Commission Expires February 28,2018 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 17 (/A' ' 2 vF /tia/e�f NGe---�-e.'n s hes X%, ea.4( a-cLy 441f f� ,1A7 , --verer: ®,8 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. J 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 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 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? Yes 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 afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). J 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/ t` 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 governmentofficer 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: t: (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 Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the 'Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 13 of 17 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 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 iie.ein and the Contract shad be read and enforced as though each were included herein. If, through mistake or otherwise,any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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. Page 16 of 17 IMENii 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 17 of 17