HomeMy WebLinkAboutPR 19683: CONTRACT FOR THE PURCHASE OF AWWA C900/C905 WATER PIPE City of
40,
0 rthur
' Texas
INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT -ADMIN. DIV.
Date: February 15, 2017
To: Brian McDougal, City Manager
From: Jimmie Johnson, Ph.D., Assistant City Manager
RE: Proposed Resolution No. 19683
Nature of Request:
AWWA C905 PVC Pipe is routinely used for the construction or replacement of public water
and sewer systems. We rarely use large quantities of this material, except when we have large
extension projects. This pipe will be used to increase the size sewer force main at our HWY 365
sewer lift station, thereby increasing the pumping capacity of the lift station to accommodate
development in the area. Bids were solicited and were opened on February 15, 2017. Seven (7)
companies submitted bids (Bid Tabulation, Exhibit A), CPR Services & Supplies, Inc. dba
MDN Enterprises, of New Caney, Texas, was the lowest qualifying bid.
Staff Analysis, Considerations:
Existing staff will administer this contract and monitor the contractor's performance.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 19683 authorizing the
award of bid and execution of a contract for the Purchase of AWWA 18" DR 18 C905 Green
Sewer PVC Pipe with CPR Services & Supplies, Inc. dba MDN Enterprises, of New Caney,
Texas, in the unit prices shown on the bid dated February 15, 2017.
Bucket Considerations:
City crews will install this pipe. This material is maintained in our Water & Sewer Warehouse
inventory. This pipe is being charged to account number 410-1255-532.83-00.
P. R. No. 19683
02/16/17 ds
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE AWARD OF BID
AND THE EXECUTION OF A CONTRACT FOR THE
PURCHASE OF AWWA C900/C905 WATER PIPE FOR
THE UTILITY OPERATIONS DEPARTMENT WITH
CPR SERVICES & SUPPLIES, INC. DBA MDN
ENTERPRISES, OF NEW CANEY, TEXAS, WITH A
PROJECTED BUDGETARY IMPACT OF $71,422.00;
FUNDING AVAILABLE IN UTILITY OPERATIONS
ACCOUNT NO. 410-1255-532.83-00.
WHEREAS,the Utility Operations Department will use AWWA 18" DR 18 C905 Green
Sewer PVC Pipe for construction of a sewer lift station force main from the HWY 365 lift
station; and,
WHEREAS, the Utility Operations Department and the Purchasing Division have
solicited bids for the acquisition of such material; and,
WHEREAS, CPR Services & Supplies, Inc. dba MDN Enterprises have submitted the
lowest responsible unit price bids for this material; and,
WHEREAS, the bids have been evaluated by Utility Operations and Purchasing (Bid
Tabulation attached as Exhibit A), NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute, on behalf of the City of Port Arthur, a contract (attached as Exhibit B) between the
CITY OF PORT ARTHUR and CPR Services & Supplies, Inc. dba MDN Enterprises, of
New Caney, Texas, for the purchase of AWWA C900 Water Pipe with the projected budgetary
impact of$71,422.00, and;
P. R. No. 19683
02/16/17 ds
Page 2 of 3
THAT, funding for this material is available in Account number 410-1255-532.83-00;
and,
THAT a copy of the caption of this resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , 2017 at
a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ;
Councilmembers:
NOES:
Derrick Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
\(04 n C`
Valecia Ti eno
City Attorney
P. R. No. 19683
02/16/17 ds
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
Dr. Jimmie Johnson, PhD
Assistant City Manager
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
Rosie Vela
Interim Director of Finance
Clifto Williams, CPPB
Acting Purchasing Manager
Exhibit A
(Bid Tabulation)
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Exhibit "B"
(CPR Services & Supplies, Inc. dba MDN Enterprises Contract)
PURCHASING CONTRACT
AGREEMENT
THIS AGREEMENT is made this the of , 2017, by and
between an individual, firm partnership or corporation, CPR Services & Supplies, Inc. dba
MDN Enterprises, of New Caney, Texas, hereinafter called "Vendor", and the City of Port
Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter
called the "Owner" or"City".
WITNESSETH: That for and in consideration of the payments, terms, conditions
and agreements set forth herein, Owner and Vendor agree as follows:
1. The term of this Contract shall be for thirty (60) days from the date that it is
signed by the City unless sooner terminated under the provision hereof The City can
terminate this contract at its convenience which includes, but not limited to, funding not
being available in any budget cycle with thirty(30) days written notice.
2. The Vendor shall furnish AWWA 18" DR 18 C905 Green Sewer PVC Pipe,
as delineated and submitted in their bid dated February 15,2017.
3. During the term of this Contract, the Vendor will furnish all of the materials
and supplies, as stated in the specifications, described as:
AWWA 18"DR 18 C905 Green Sewer PVC Pipe
4. The Vendor agrees to furnish AWWA 18" DR 18 C905 Green Sewer PVC
Pipe under this contract, at the unit price listed on he bid sheet dated February 15, 2017.
5. The term"Contract Documents"means and includes the following:
A. Agreement
B. Specifications
C. Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto 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 on the date first above written.
SIGNED AND AGREED to on the day of , 2017.
WITNESS: CONTRACTOR:
CPR Services & Supplies, Inc.
dba MDN Enterprises
SIGNED AND AGREED to on the day of , 2017.
WITNESS: CITY OF PORT ARTHUR:
City Secretary City Manager
DERRICK FREEMAN"PRINCE,MAYOR \,41I 1l/'//i/ BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
_ J _
COUNCIL MEMBERS: Oh'of SHERRI BELLARD,TRMC
CITY SECRETARY
TIFFANY HAMILTON '
MORRIS ALBRIGHT,HI �' c VAL TIZENO
KEITH RICHARD r)r t r t h uCITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Texas
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
FEBRUARY 6,2017
INVITATION TO BID
18" DR 18 C905 Green Sewer Pvc Pipe for Utility Operations
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, February 15, 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, February
15, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: P17-026
DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Yolanda Scypion-Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
Yolanda.goudeaux@portarthurtx.gov
Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in
a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING
DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal
arrives at the above location by specified deadline regardless of delivery method chosen by the firm.
Faxed or electronically transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Acting Purchasing Manager
Page 2 of 14
INVITATION TO BID
18" DR 18 C905 Green Sewer Pvc Pipe for Utility Operations
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
1N 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:
SPECIFICATIONS FOR
Page 3 of 14
18" DR 18 C905 GREEN SEWER PVC PIPE FOR UTILITY OPERATIONS
General Specifications:
The specimens of pipe, a minimum of 6 in, (150mm) long shall be flattened
between parallel plates in a suitable press until the distance between the plated is 40
percent of the OD of the pipe. The rate of flattening shall be uniform and such that
compression is completed within 2 to 5 minutes. There shall be no evidence of splitting,
cracking or breaking. pipe shall meet the requirements pvc pipe 18", green sewer C-
905-DR18 class 235 this pipe will be used for a Sewer force main pipe also should meet
AWWA C905 ANSI/NSF-61 and ANSI/UL 1285 standards.
Page 4 of 14
CITY OF PORT ARTHUR. TEXAS
BID SHEET
r;,,-t.'. <
BID FOR: 18-DR I S C905 Green Sewer Pvc Pipe BID DUE DATE: February 15. 20I ''":`
Item # Qty Description Unit Price Total Price
1. 2600 SFT 18"DR- 18 S . 1 • L17 ft S 71. L0,), cX ft
S Y -3n woP.Vn S
Delivery will be in • JL1'_' calendar days.
oz Services :: So9 p 1;es, it nc.
d 10A. M S N r r Ses Z13-4-1 U. S . 14wk.f5'i N
•MPANY NAME STREET ADDRESS
_ A !1►�►��� �� ?.O. Bo 11`N 8
IG+ATURE OF I I ODER P.O.�- BOX
J efl 11 r P Ranarti N , Ti. - --
PRINT OR TYPE NAME CITY STATE ZIP
M min . 1\-it6r. .z I • 3S • q62 1
TITLE AREA CODE TELEPHONE NO
`�a•Pl c n e mdn eR r' ri Ses. a0T11 221 . 3S 4 • G1103
LTIAIL FAX NO.
Page 5 of 14
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for the
firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01,
et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor
communicated directly or indirectly the bid made to any competitor or any other person
engaged in the same line of business, nor has the signatory or anyone acting for the firm,
corporation or institution submitting a bid committed any other act of collusion related to the
development and submission of this bid proposal.
. 41 gieant4._
Signature:
Printed Name: er\t % 1-1 PicknoN
Title:
cam,,,
Company: t�� Vu ` ides 10 soeplie-51\ 1G Abd. t"►b►I 9vixigz
Date: a J q\ &O l-�
SUBS,CBIBED and sworn to before me by the above named je1Y14 ( flallertion this
the dayof F� 'V 20 .
� I`� gosel
Notary Public i and or the
State of Texas
My commission expires: 01.5-"
Esc: BRNHDAJANEHODGES
Expires October 13,202 7 '
Page 6 of 14
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The un rsigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further
agree to pay succeeding debts as they become due.
I hereby certify that 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
CAcR. 5erV1C'e5 4 SIiAe r \hC eli -
pbNi Qr4er ri 1S ai g i 0201`3-
4...
ame Date
.Jr-16419A.A.4 . Mrtin . 1r•
ize• -i tore • Title
g�
41
• 2g [• 3S4- • 9(oP t
Name(please print) • . Telephone
• R @.•�f aher IC1 SCS S . Co w
E-mail
•
1-60Q9 ' .
•
STATE: j,�� �"
COUNTY: titNA4 rk -t
SUBSCRIBED AND SWORN to before me by the above named11n.tcer Pletnery
ie
on this the day of FetilArti, 20 N7
• ' \ BRENDA JANE HODGES t Notary Public
1i::::..)1 ; My Notary IDR 125085637
q,gti'>y:/ Expires October 13,2020 •
RETURN T I If I •-v. ' •v•T OF THE BID PROPOSAL
Page 7of14
•
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. OFRCE 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 focal 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 s a business re ionship with local o ernmental 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.)
31 Name of local government officer about whom the information is being disclosed.
1 ) \Ak-
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 %/INo
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
• 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
\ 74
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. �! 3I a0r-
ignale o v ndo .a • mess with the .ov • mental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11;30./2015
Page 8 of 14
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:/Iwww.statutes.legis.state.tx.usi
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 govemment officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11.30;2015
Page 9 of 14
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor,Bidder, and/or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the
best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
Page 10 of 14
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit
any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be
rejected. It is the vendor's responsibility to check for any addendums that might have been issued
before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel) in Port Arthur, the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port
Arthur or such other definition or interpretation as is provided by state law. Contractors outside the
City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility
Operations, 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.
Page 11 of 14
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license, privilege or paying money to any-one owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included
as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of the
successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
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.
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TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The 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.
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Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to
complete and make into valid certificates of insurance and pertaining to the above listed items, and
before commencing any of the work and within the time otherwise specified, Contractor shall file
completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect
except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a
provision that coverage afforded under the policies will not be altered, modified or canceled unless at
least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall
also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for
all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE
OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten
(10)days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within
such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the
contractor.
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