HomeMy WebLinkAboutPR 19738: AGREEMENT IWHT CRABTREE BARRICADE SYSTEMS, INC. City of
ort rth u��"
Texas
INTEROFFICE MEMORANDUM
PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV.
Date: April 4, 2017
To: Brian McDougal, City Manager
From: Armando Gutierrez, Jr., P.E., Director of Public Works
RE: Proposed Resolution No. 19738
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 19738, authorizing the annual striping
of city streets with Crabtree Barricade Systems, Inc. for projected budgetary impact amount of$41,000.00
with the option of renewal for,two (2) additional one year periods.
BACKGROUND:
This is an annual contract to provide for the striping of city streets. The invitation to bid was advertised on
March 13, 2017 and March 20, 2017 in the Port Arthur News. We received one (1) bid, with Crabtree
Barricade Systems, Inc. of Beaumont, Texas being the only bid. The City has the option to renew for two (2)
additional one year periods.
BUDGETARY/FISCAL EFFECT:
Funding is available in 001-1205-531.59-00, Other Contractual Services.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 19738, authorizing the annual striping
of city streets with Crabtree Barricade Systems, Inc. for projected budgetary impact amount of$41,000.00
with the option of renewal for two (2) additional one year periods.
"Remember we are here to serve the Citizens of Port Arthur"
P.R. 19738
04/04/17
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH CRABTREE BARRICADE SYSTEMS, INC. OF
BEAUMONT, TEXAS FOR THE ANNUAL STRIPING OF CITY
STREETS FOR THE PROJECTED BUDGETARY IMPACT AMOUNT OF
$41,000.00; FUNDING IS AVAILABLE IN THE ELECTRICAL
ACCOUNT 001-1205-531.59-00, OTHER CONTRACTURAL
SERVICES.
WHEREAS, the City of Port Arthur, Texas proposes to stripe and/or re-stripe
existing and/or reconstructed roads; and,
WHEREAS, the City advertised this contract in the Port Arthur News on March
13, 2017 and March 20, 2014 for this service; and,
WHEREAS, one (1) bid was received with the bid from Crabtree Barricades, Inc.
being the only bidder. (See Exhibit"A); and,
WHEREAS, this contract shall have the option of renewal for two (2) additional
one year periods; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute a contract with
Crabtree Barricade Systems, Inc. of Beaumont, Texas (attached as Exhibit"B) for the
Annual Striping of City Streets for the projected budgetary impact amount of
$41,000.00 with the option to renew the contract for two (2) additional one year
periods, funding is available in account 001-1205-531.59-00, Other Contractual Services
and,
P.R. 19738
Page 2
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2017 at a
meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Derrick Freeman
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
,. _ 1,,. r___,
Valecia Tizeno Brian McDougal
City Attorney City Manager
P.R. 19738
04/22/17 rtb
APPROVED AS FOR AVAILABLITIY OF
FUNDS:
AtA-0#
/ d
Rosie Vela, CPA/CG 0
Interim Director of Finance
Armando Gutierrez, P.E.
Director of Public Works
'31 1 1 ',pub, -
Q,�N it;
Jan..
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
f".: CITY OF PORT ARTHUR TEXAS
1, Bid Tabulation
,rt rti Annual Striping of City Streets
Bid Opening Date: March 29, 2017
Page l of 2
Name of Bidder
Crabtree Barricade
Systems,Inc.
Unit Cost
Item# Description UOM Unit Cost Paint(Ty II)
Type I Marking: "Hot Applied Thermoplastic"
Item 1: 4"Solid Yellow LF $.43 $.25
Item 2: 4"Broken Yellow LF 5.52 $.30
Item 4"Solid White I.I= $.43 $.25
Item 4: 4"Broken White LF $.52 $.30
Item 5: 8" Solid White LF $.90 $.50
Prefabricated Marking:
Item 6: 12"Solid White LF $ 6.00 $ 1.50
Item 7: 24"Solid White IT
$ 12.00 $ 3.00
Item 8: 12"Solid Yellow LF $ 6.50 $ 1.50
Item 9: 24"Solid Yellow LF $ 13.00 $ 3.00
Item 10: Arrow EA $300.00 $ 55.00
Item 11: Double Arrow EA $400.00 $ 75.00
Item 12: RR Xing Marking EA $600.00 $325.00
Item 13: Handicap Marking EA $250.00 S 50.00
Item 14: Word EA $350.00 $125.00
Item 15: Bicycle Marker EA $435.00 $300.00
Raised Pavement Markers:
Item 16: Type I-C EA $ 4.00
Item 17: Type II-V-R EA $ 4.50
Item 18: Type II-A-A EA $ 4.50
Signs:
Item 19: Sign(<10sq. ft.size) EA $600.00
Removals:
Item 20: 4" Elimination LF $ .35
Item 21: 8"Elimination LF $ .50
Item 22: 12"Elimination LF $ 1.50
Item 23: 24"Elimination LF $ 3.00
Item 24: Arrow Elimination EA $ 45.00
Item 25: Dbl Arrow Elimination EA $100.00
Item 26: RR Xing Elimination EA $325.00
Item 27: Handicap Mrk Elimin EA $ 50.00
Item 28: Word Elimination EA $ 65.00
Item 29: Bike Elimination EA $ 75.00
Item 30: RPM Elimination EA $ .25
Preparation for Markings:
Item 31: Pay Srf Prep 4" LF $ .05
Item 32: Pay Srf Prep 8" LF $ .10
Item 33: Pay Srf Prep 12" LF $ .20
Item 34: Pay Srf Prep 24" LF $ .30
Item 35: Pay Srf Prep-Arrow EA $ 10.00
CITY OF PORT ARTHUR TEXAS
Bid Tabulation
rthuAnnual Striping of City Streets
Bid Opening Date: March 29, 2017
Page 2 of 2
Item 36: Pay Srf Prep-Dbl Arrow EA S 25.00
Item 37: Pay Srf Prep-RR Xing EA S 50.00
Item 38: Pay Srf Prep-Hdcp Mrk EA S 10.00
Item 39: Pay Srf Prep-Word EA S 20.00
Item 40: Pay Srf Prep-Bike EA S 10.00
Sealer for Type II Markings:
Item 41: Pay Sealer 4" LF $ .20
Item 42: Pay Sealer 8" LF $ .35
Item 43: Pay Sealer 12" LF $ .50
Item 44: Pay Sealer 24" LF $ 1.25
Item 45: Pay Sealer Arrow EA $ 35.00
Item 46: Pay Sealer Dbl Arrow EA $ 50.00
Item 47: Pay Sealer RR Xing EA $250.00
Item 48: Pay Sealer Hdcp Mrk EA $ 25.00
Item 49: Pay Sealer Word EA $ 50.00
Item 50: Pay Sealer Bike EA $ 45.00
Location Beaumont,TX
ADJACKWI q/.-3//2
Clifton Williams, CPPB, Acting Purchasing Manager Date
EXHIBIT B
CONTRACT FOR STRIPING OF CITY STREETS
THIS AGREEMENT, made this the of April, 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 Crabtree Barricade Systems, 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, with an option to renew for two (2) additional one-year
periods, unless sooner terminated under the provision hereof. The City can
terminate this contract at its convenience which includes, but is not limited to,
funding not being available in any budget cycle within fifteen (15) days written
notice.
2. During the term of this Contract, the CONTRACTOR will furnish at his own
expense all of the materials, supplies, tools, equipment, labor, and other services
necessary to connection therewith, excepting those supplies specifically not
required of CONTRACTOR in the Specifications.
3. The CONTRACTOR agrees to supply the materials described in the specifications
and contract documents at the unit prices shown in the original bid.
4. The term "Contract Documents" means and includes the following:
1) Agreement
2) Invitation to Bid
3) General Information
4) Specifications
5) Bid
6) Bidder's Information Sheet
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be
executed by their duly authorized officials, this Agreement in two (2) copies,
each of which shall be deemed an original of the date first written above.
OWNER CONTRACTOR
BY: BY:
Brian McDougal Guy Crabtree
City Manager Crabtree Barricade Systems, Inc.
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC
A CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III c VAL TIZENO
KEITH RICHARD o t t r t h u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Texas
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
MARCH 8, 2017
INVITATION TO BID
ANNUAL STRIPING OF CITY STREETS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, March 29, 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, March 29, 2017 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P17-034
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(aportarthurtx.gov
Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Acting Purchasing Manager
Page 2 of 16
Table of Contents
SECTIONS TURN IN ON BID DATE
A. No Bid Form
B. Specifications
C. Bid Sheet YES
D. Non Collusion Affidavit of Prime Bidder YES
E. Affidavit Page YES
F. Conflict of Interest YES IF A CONFLICT
G. General Conditions
Page 3of16
INVITATION TO BID
ANNUAL STRIPING OF CITY STREETS
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 4 of 16
SPECIFICATIONS FOR
PLACING OF PAVEMENT MARKINGS.
All bid items shall be place in accordance to the Texas Department of Transportation's Standard Specifications
for Construction and Maintenance of Highways, Streets, and Bridges — November 2014 version unless
otherwise specified by the Director of Public Works for the City of Port Arthur and all equipment is required to
conform to the specifications in the Specifications for Construction and Maintenance of Highways, Streets, and
Bridges —November 2014 version unless otherwise specified by the Director of Public Works for the City of
Port Arthur.
TERM OF CONTRACT
This Contract will terminate approximately twelve (12) months from the date of execution with the option to
renew two (2) additional one year periods. The City can terminate this contract at its convenience which
includes, but not limited to, funding being available in any budget cycle with thirty(30)days written notice.
THE CITY WILL REQUEST THIS SERVICE ON AN AS NEEDED BASIS. THE CITY CAN'T
GUARATEE ANY AMOUNT OF WORK THAT WILL DONE DURING THIS CONTRACT YEAR.
Page 5 of 16
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 1 of 2
BID FOR: Annual Striping of City Streets
BID DUE DATE: March 29,2017
Unit Cost
Description Unit Unit Cost Paint(Ty II)
Type I Marking: "Hot Applied Thermoplastic"
Item 1: 4"Solid Yellow LF ,413 25-
Item
5Item 2: 4"Broken Yellow LF ,52- ISO
Item 3: 4"Solid White LF , 43 •25
Item 4: 4"Broken White LF i $Z ,so
Item 5: 8" Solid White LF . 0 . 50
Prefabricated Marking:
Item 6: 12" Solid White LF 42. PO /,50
Item 7: 24"Solid White LF /a• 50 3. 0 0
Item 8: 12"Solid Yellow LF 4, 6-0 /, 50
Item 9: 24" Solid Yellow LF /3,o o ...5. o
Item 10: Arrow EA 3/9g9t o 4' 5': '
Item 11: Double Arrow EA 4{00, ' 75,-
Item 12: RR Xing Marking EA (o aO, "'
Item 13: Handicap Marking EA c.2....2). "v 3,i b.
Item 14: Word EA .3 5O, • / "
Item 15: Bicycle Marker EA 435 Zoo.
Raised Pavement Markers
Item 16: Type I—C EA 1.
Item 17: Type II—C-R EA if 67?
Item 18: Type II—A-A EA 4 50
Sign:
Item 19: Sign(< 10 sq. ft. size) EA boo. .0
Removals:
Item 20: 4"Elimination LF , 35'
Item 21: 8"Elimination LF . 50
Item 22: 12"Elimination LF 1. 50
Item 23: 24"Elimination LF 3, 0 0
Item 24: Arrow Elimination EA II 6: "o
Item 25: Dbl Arrow Elimination EA /op. '
Item 26: RR Xing Elimination EA .5.2.5. '
Item 27: Handicap Mrk Elimin EA 60- ''
Item 28: Word Elimination EA (owe'-''
Item 29: Bike Elimination EA 75.
Item 30: RPM Elimination EA .(2.5-
Preparation
as'Preparation for Markings:
Item 31: Pay Srf Prep 4" LF , 0.5-
Item
.rItem 32: Pay Srf Prep 8" LF , I D
Item 33: Pay Srf Prep 12" LF , a.o
Item 34: Pay Srf Prep 24" LF . 3 U
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 2 of 2
Item 35: Pay Srf Prep-Arrow EA 1O.''
Item 36: Pay Srf Prep-Dbl Arrw EA AS
Item 37: Pay Srf Prep-RR Xing EA ,Co.
Item 38: Pay Srf Prep-Hdcp Mrk EA /Q.
Item 39: Pay Srf Prep-Word EA ay.
Item 40: Pay Srf Prep-Bike EA /0.
Sealer for Type H Markings:
Item 41: Pay Sealer 4" LF 20
Item 42: Pay Sealer 8" LF 43‘
Item 43: Pay Sealer 12" LF 50
Item 44: Pay Sealer 24" LF I.2S
Item 45: Pay Sealer Arrow EA 3, ""
Item 46: Pay Sealer Dbl Arrow EA 5D,
Item 47: Pay Sealer RR Xing EA ,?SD.
Item 48: Pay Sealer Hdcp Mrk EA �S '
• Item 49: Pay Sealer Word EA
Item 50: Pay Sealer Bike EA
Cd0 # ••466 cif pc Yttsiefits:ENc, 316- rib A..r. 112-4‘
COMPANY N i I STREET ADDRESS.
•
( 40141.S
OF
SIGNA int OF :+1,DE' P.O.BOX
PRINTC 5LAwylo-
TYPE NAME CITY STATE ZIP
1)re.,S )/(9 Yqc3)-- gz9
TITLE AREA CODE TELEPHONE NO
Cabir a CC' eorl 4,9q _ gq2. - O3
EMAIL FAX NO.
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 de ;-lopment an► -ubmission of this bid proposal.
Signature: -1°1°1- cif „et
Printed Name:
Title: V ' c6 1' _ s 8.-e71.--
Company: Co....iotr-e-c._ 6 Porir; &ping" S 0„ -DQ C ,,-
Date: 5/77 / C7
�
SUBSCRIBED and sworn to before me the and r igned authority by the /7i ! of, LI
behalf of said bidder. /
Deborah W Distefanootary Public in and for the
Notary Public) State of Texas
a.vT State of Texas
°�
My Comm Exp.4-10-17 I/'/Jt(J JJ 1
My commission expires: J `
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.
&Rde-%
' _1
Firm Name / Date
Authorized Sia Title
r
4-oq S-0_n
Name (please print) Telephone
Email
STATE: „NI
COUNTY: ___IRf-keics ,
SUBSCRIBED AND SWORN to before me by the above n. ii -. AU
on this the 21 day of MACCAA,20 71 . .
� r
oeN, Deborah W Distefano u 1, 121.111 .'dirWar
State of Texas _ Public
My Comm Exp.4-1047
RETURN THIS AF'FIIAVIT AS PART OF THE BID PROPOSAL
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
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.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
Al Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income..
other than investment income. from the vendor?
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?
nYes n No
Describe each employment or business relationshipthat 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.
fl 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)(8), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www ethics state tx us Revised 11'30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
ar
(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) 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 1 1 of 16
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
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ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, 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
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INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
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SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any
sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less;or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract.
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NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
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