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HomeMy WebLinkAboutPR 19999: FIRE PREVENTION/OPERATIONS VEHICLE (K9 UNIT) Ciry of 1, r)1'1 r!ltur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 5, 2017 To: The Honorable Mayor and City Council Through: Dr. Jimmie Johnson, Acting City Manager From: Larry D. Richard, Fire Chief RE: PR 19999, Fire Prevention/Operations Vehicle (K9 Unit) Introduction: The intent of this Agenda Item is to seek the City Council's approval of Proposed Resolution 19999 authorizing the purchase of one (1) 2018 Chevrolet 1500 Silverado 4x2-SSV Crew Cab Pickup from Caldwell Country Chevrolet of Caldwell, Texas in the amount of$41,835. Background: This vehicle is used by the Fire Department Explosives K9 Handler to respond to emergencies and transport the K9 from his residence to work. This vehicle will replace equipment# (1823) a 2010 Ford Expedition with 116,000 miles on it that was flooded during Hurricane Harvey. The Fire Department is requesting to replace an Expedition with a V2 ton crew cab pickup. The truck as specified will be a 1/2 ton crew cab Special Service Vehicle including graphics, emergency lights, and camper cover. TML insurance is expected to cover $10,012 of the cost of this vehicle. A FEMA claim will have to be filed for the remainder of the cost. Budget Impact: Funds available in 147-2300-901.92-00 Project 082617. Recommendation: The Fire Department recommends approval of this resolution. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 19999 12/5/17 ldr RESOLUTION NO. A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2018 CHEVROLET 1500 SILVERADO 4X2-SSV CREW CAB PICKUP FROM CALDWELL COUNTRY CHEVROLET, CALDWELL, TEXAS, IN THE AMOUNT OF $41, 835 . 00; FUNDING AVAILABLE IN HURRICANE HARVEY ACCOUNT NO. 147-2300- 901. 92-00 PROJECT 082617 WHEREAS, the Fire Department' s K9 vehicle was damaged and declared a total loss by Texas Municipal League - Intergovernmental Risk Pool (TML-IRP) ; and WHEREAS, TML-IRP has indicated that it will pay $10 , 012 for the settlement of the claim; and WHEREAS, the Purchasing Department advertised for sealed bids on the listed vehicle; and WHEREAS, the bids were received and opened on November 15, 2017 ; and WHEREAS, Caldwell Country Chevrolet was the only responsive bid; and WHEREAS, a copy of the bid for the vehicle is attached as Exhibit "A" ; and WHEREAS, funds are available for this purchase in Hurricane Harvey Account Number 147-2300-901 . 92-00 Project 082617 Harvey NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Council authorizes the purchase of one (1) 2018 Chevrolet 1500 4x2 SSV Crew Cab Pickup from Caldwell Country Chevrolet in Caldwell, Texas, in the amount of $41, 835 . Section 3 . That a copy of the Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of December, A.D. , 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: / Lis Val Tizeno, C. y Attorney APPROVED FOR ADMINISTRATION: Dr. Jimmie Johnson Acting City Manager Larry D Richard, Fire Chief APPROVED AS TO AVAILABILITY OF FUNDS: Andrew Vasquez, CPA Director of Finance (i)LILIPAv Clif on Williams, CPPB Purchasing Manager EXHIBIT "A" CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Truck for Fire BID DUE DATE: November 15, 2017 DESCRIPTION COST TRUCK FOR FIRE $ 4/) 83 S CHASSIS MODEL (11) V1 I � i 0 J i I v"V 14iv ss SUPPLYING EQUIVALENT YES NO �e DAYS TO DELIVER 124 '-SO /DAYS C'(If13 STATE THE EQUIVALENTS Delivery days will be a consideration for award c i i t it Coottivi CtinNolft (?)O0 \w\ '1 COMPANY N E STREET ADDRESS ti SIGNATUR F BIDDER P.O. BOX mtvPRINT OR\tNqw PE NAMECITYIr vet(II)(STATE 1I �� F1tN CAYittOY c1Ol 1-1- TITLE AREA CODE TELEPHONE NO aW/ tis c-eticivtieicutiotry . Lom -10-1 (t-03 EMAIL FAX NO. Page 7 of 19 CITY OF PORT ARTHUR,TEXAS ADDENDUM NO.ONE(1) ry;,;� November 2,2017 SUBMIT WITH BID Proposals for. Truck for Fire Department The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall he incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: 1. City would accept a console if it is possible to leave room on the floor to mount other equipment that would be preferred over having the console go all the way to the dash. Armrest would be preferred. 2. AR-15 mount on cage behind console. 3. Red and White on lighting. 4. Scene lighting on rear. Side lighting required on rear. 5. Would prefer the siren underneath the bumper 6. Vehicle will need to have the second battery,(preferably isolated). and larger alternator as well. End of Addendum If you have any questions,please contact Clifton Williams at clifton.williamsfu portarthurtx.gov. Clift Williams,CPPB Acting Purchasing Manager 11114 Signa urc o Proposer Dat, _ , C(&ANCU CO01111 it C1�1CWW1W0 fit" DERRICK FREEMAN,MAYOR ! BRIAN MCDOUGAL CAL JONES..MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD.TRMC CITY SECRETARY RAYMOND SCOTT JR. '' THOMAS KINLAW HAROLD DOUCET SR. Ort r t h uc _ WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWAT! f.��rs CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK OCTOBER 23,2017 INVITATION TO BID TRUCK FOR FIRE DEPARTMENT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 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, November 15, 2017 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-001 DELIVERY ADDRESS: Please submit one(1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams'ii;portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street 1 Port Arthur,Texas 77641 1 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Gtidizizow- Clifton Williams, CPPB Purchasing Manager Page 2 of 19 • INVITATION TO BID TRUCK FOR FIRE DEPARTMENT (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? 1,/ 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? V Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 19 SPECIFICATIONS TRUCK FOR FIRE These photographs are of the 2016 truck we purchased. We will be looking for something similar as the basis of another purchase. '1 • • G: R • VEHICLE: • Crew Cab • V8 Engine • 5.0 L • SSV package or equivalent • Bluetooth • Air Conditioning • Power Locks • Red in color • Short bed 5.75 • Automatic transmission • Power windows • Back up camera • Chrome app group • Chrome tubular side steps • Trailer package CAMPER SHELL: Brand: ARE or Equivalent Model: DCU23" Rise or Equivalent • color matched to truck • Rear Door—Double with windows and security screens • Standard full length side doors, no window in side doors. • Toolbox option 4 for driver's side door,Option 1 for passenger's side • Clear front window • 12 volt lighting,option 7 on rocker switch • 12 volt power block • NO roof rack on this one. • If an equivalent is submitted please submit detailed information to review. City may want to view product is necessary. • The rear does need a chevron design graphic, similar to the photo shown below.The color of the chevron can be white,the same as the rest of the graphics. Page 4 of 19 I III .411611111_. „AI Lighting: Contract may submit an equiavelent to Whelen • Whelen brand lighting is preferred whenever possible or • Low profile light bar such as the Whelen Legacy. • Headlight flashers. • Emergency lights on the rear of the vehicle similar to our previous truck. • Scene lighting such as the Whelen pioneer slimline series on the rear of the vehicle, above the camper shell rear doors. • Additional emergency lighting on side of vehicle • If an equivalent is submitted please submit detailed information to review. City may want to view product is necessary. Miscellaneous: • We will be removing a Motorola XTL 2500 radio out of another unit to be installed into this unit. We will provide the radio only, so antenna and other wiring will need to be provided. • Center console for motorola radio,siren controller, light controller. • Charger for Motorola XTS 2500 walkie radio • 12 volt cigarette lighter style power block for charging of accessory items. • Whelen siren and speaker or equivalent • • Blac-rac weapon mount, electric with manual lock,single AR15 mount or equivalent • K9 kennel with prisoner transport such as the EliteK9.com E/Z rider K-9 insert with prisoner transport unit or Setina K-9 2/3 prisoner transport. Unit should allow K9 transport along with prisoner transport area in rear seat. Please include any additional equipment needed to • complete the prisoner partition in the quote. • MDT mount.We are currently using Getac laptops. If our current docking station is compatible with your MDT mount,we can send the docking station to you for installation on your mount. If not,then we will need the entire MDT mount and docking station. (See picture below). 411 t ® R PIET 'Spoof �no* _ r / - ` �1f �� 1I Itl 111'11111 3 3 .. . / S 1 ► __.— Additional Instructions: Page 5 of 19 • • The backup camera will need to be relocated to accommodate the door arrangement on the camper shell.The camera was relocated to below the rear doors but above the rear bumper on the previous truck • All accessory items added are to be wired to the 2°d isolated battery and not the main vehicle battery • Whenever possible,wire the accessories as ignition hot LIGHTING,GRAPHICS,MISC. Graphics: • Please see above picture of our last pick-up truck. • We will provide the Maltese cross graphic, "Port Arthur", "Fire Dept.", and "Fire Marshal" to you for application. • This vehicle will transport an EOD K9, (explosive ordnance detection K9), both of the rear passenger compartment doors will need to be marked with a warning such as "WARNING—K9" • Page 6 of 19 CITY OF PORT ARTHUR,TEXAS 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, of 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: //ri Printed Name: R\,ipy� rn/ Title: � I V I U 1-1-0 ( Company: CAIA\N-CI1 (ttr I av l(c -�- Date: 11 v11/011 SUBSCRIBED and's'�orn to before me by the above named ! (C'Yyc%t �� Hr this the 14 day of NO\IT �M�L tom- 20 1 . Actuto qatTi d4j't AdrienneMarCleGattls Notary Public in and for the f*. My Commission State of Texas '7�',1�J7 03/31/2029 ''A t ID No. 125250244 2 My commission expires: 7 5 1 - leAt Page 8 of 19 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: II 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. f atdwrf i COVY1i1 C.11rvYolt+ 11\A`_01-1 Firm Name Date ATY)/\/ hett )\Va tt V Authorized i nitu a Title cVv't hqA PF an q 1 l - t 11 o Name(please print) Telephone aiShc p 2) CoMeinummi. col\ Email STATE: --10,(‘S COUNTY: VU V \N On SUBSCRIBED AND SWORN to before me by the above named kCY\-0- rY1 ,P 7 on this the 04 day of 0 NMI 9'Cl 1. ii Ai! IIl ' /_ ( 0:7& _04,1" Adrienne Marble Gams Notary Public (�� Mir Can nbalon Expires +54\ j 03131/125 �orl ID No.125250244 ' II N` ' AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 19 1 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 Recevad 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. -PcveiVy y-ut� py ! Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 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 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 he 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 �Nc 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. 111 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). J ryvvi .1114 ri-e Signature of vendor oing business with the governmental entity I Date 1 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 A complete copy of Chapter 176 of the Local Government Code may be found al hltp-!nwww.statutes legis.state ix.us' Docs1LGrhtm/LG 176 him.For easy reference.below are some of the sections cited on this form. Local Government Code,g 176.001(1-a):"Business relationship-means a connection between two or more parties based on commercial activity of one o1 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 it (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: a (ill 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.of (ii) the local governmental entity is consider ing entering into a contract with the vendor Local Government Code A 176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire it 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 vnlh 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 off.cer of that local governmental entity (a-1) The completed conflict of interest questionnaire must be tiled 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 (8) 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 gilts 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 Rawsad 1 30 2015 Page I I of 19 House Bill 89 Verification I, P\qeyy Y/ vp (Person name), the undersigned representative (hereafter referred to as "Representative") of -C1VkV\ell C��� CY\J I L' 1cf (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. A')//kyvv\- SIGNATU OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1day of N �4 0\ ,0110( , 20n . . . 4,757- EFEle=s C 1Lwl i iD'4o.125250244 otary Public Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, ICI V-VTY , the undersigned n representative of CIA \Nelk CC Ll� fi�y 1,� 1�YQ1f-F (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153. certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran. Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) di4 7/4/1/\--- Signature of Company Representative U1M- 7C1 Date Page 13 of 19 • 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. 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. 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 Page 14 of 19 • 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. 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. :Fire 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. OUANTITIES: 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 Page 15 of 19 • 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. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits Page 16 of 19 • • 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. 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. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Page 17 of 19 Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex,age or national origin. INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents. and employees, from and against all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor. anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings. reports. surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1. et seq. (1973). DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay. disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice. the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and Page 18 of 19 • impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained. the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated. Page 19 of 19