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HomeMy WebLinkAboutPR 20129: PUBLIC WORKS GROUND MAINTENANCE P.R.20129 02/21/18 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST YEAR OF A NON-EXCLUSIVE CONTRACT FOR ROAD BUILDING MATERIALS WITH GULF COAST, L. D. CONSTRUCTION, KNIFE RIVER, MARTIN MARIETTA, ALL OF BEAUMONT, TEXAS, REDWINE ENTERPRISES, INC., OF PORT ARTHUR, TEXAS, AND BRAUNTEX MATERIALS, OF NEW BRAUNFELS, TEXAS WITH A PROJECTED BUDGETARY IMPACT AMOUNT OF $1,500,000. FUNDING AVAILABLE IN THE FOLLOWING ACCOUNTS: PUBLIC WORKS DEPARTMENT: 001-1203-531.36-00 STREETS DIVISION — STREETS MAINTENANCE, 001-1203-531.86-00 STREETS DIVISION — CITY STREETS PROGRAM, 001-1204-531.34-00 DRAINAGE DIVISION - DRAINAGE MAINTENANCE, 403-1274-533.36-00 LANDFILL DIVISION — STREET, WATER UTILITIES DEPARTMENT: 410-1253-532.36-00 WATER DISTRIBUTION DIVISION — STREETS, 410-1253-532.86-00 WATER DISTRIBUTION DIVISION—STREETS. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual concrete building materials; and, WHEREAS, eight bids were received and opened on January 31, 2018, for the above referenced materials, with on Port Arthur vendor bidding (see attached Bid Tabulation, attached as Exhibit"A"); AND, WHEREAS, although Vulcan Construction Materials, LLC was the low bid for item 1 for the City to pick-up the material from the plant. Due to the company's distance from Port Arthur, it would not be feasible for the City to drive to Uvalde, Texas, to pick up these items; 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 on behalf of the City a one year non-exclusive contract with the option to renew for two additional one-year periods, between the P.R.20129 02/21/18 aw City of Port Arthur and Gulf Coast of Beaumont, Texas (attached as Exhibit "B"). L. D. Construction of Beaumont, Texas (attached as Exhibit"C"), Knife River of Beaumont, Texas (attached as Exhibit "D"), Martin Marietta of Beaumont, Texas (attached as Exhibit "E"), Brauntex Materials of New Braunfels, Texas (attached as Exhibit "F"), Redwine Enterprises, Inc. of Port Arthur, Texas (attached as Exhibit"G"), and Mid County Land Company, Ltd. of Nederland, Texas (attached as Exhibit "H") for road building materials based on the unit prices as shown in Exhibit"A", attached hereto; and, THAT, funding is available in the accounts stated in the caption. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the day of , A.D. 2018 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Councilmembers: Noes: Mayor ATTEST: Sherri Bellard City Secretary P.R.20129 02/21/18 aw APPROVED AS TO FORM: f hit) Valecia R.T zeno City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FU DS: Harvey Robinson Andrew Vasquez Interim City Manager Director of Finance 6)11614., fra Armando Gutierrez, Jr. Clifto Williams Director of Public Works Purchasing Manager P.R.20129 2/21/18 aw Exhibit A P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D"Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 1 Oa Primary Martin Marietta '/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 I Ob Primary Martin Marietta 'h sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 11/4" - - - Secondary No Bids _ - - - 12b Primary No Bids Heath slag, 1'/2"-3" size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta 5/a" Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 mo w _ crw .0 00 0\ vw N cyyLi, wcr — 0 o n C) czo z co ° ° dn o >T. o x > o > °, r Ix bryoap (.... :::7: r- cno -��i vii H cvo d 0. y N M" CD CD cu p w �� �, <? co -.pr. �n x to - C .+ w coo » x '+ o w (10 '-6 SCD ' !'IiIi% co C) C) m y N a• , a' , a. 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CD P.R.20129 2/21/18 aw Exhibit B (Gulf Coast) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or "CITY", and Gulf Coast, hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties here to have executed, or caused to be executed by their duly authorized officials,this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Gulf Coast BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM INTERIM CITY MANAGER bwr,zr COUNCIL MEMBERS: City of Cu SHERRI BELLARD,TRMC 4t, CITY SECRETARY RAYMOND SCOTT JR. THOMAS KINLAW HAROLD DOUCET SR. o r t rthur WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9, 2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 31, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 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 cl i fton.wi 1l iams(n,portarthurtx.gov Purchasing Division/Finance Department I 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 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 Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- M ixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 11/2" 100 1" 90-100 70-95 3118" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges,Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix I1); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE IS A CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 31,2018 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A.Type"PE"Grade 3 Precoated / .( / Z Aggregate $b9: /ton $(D3 /ton $107 iton B. Type"PE"Grade 4 Precoated 1,ZS / oo /7.2 ZS Aggregate •-v /ton S (O 7 /ton WI. --/ton qo CO d 2. Blackbase S( 3 J/ton $S3 :-/ton $(03 /ton 3. Limestone $N(8 /ton S t4/ /ton S n4f.0 /ton n 5 e5 4. 610 Base Limestone S 36 /ton S 31 /ton $38. /ton 5. Type"D"Hotmix Asphaltic / 90 Concrete PVT 5(5q0 0°., /ton S .'-g,• /ton $ &g'• /ton 6. Hotmix Cold Laid Type"D" Z5 00 z5 Asphaltic Concrete Pavement $71 'i ton $ (05 '/ton $ 1 1 --/ton 7 High Performance Hotmix Cold ,..; 25 co zS Laid Type"D"Asphaltic Concrete $ 5 :-../ton $9Z•/ton $76. /ton Pavement 8. Romayor Sand $H1e /ton $ n116/ton S N16 /ton 9. Cement Stabilized Sand (Base Bid) S N/l5 /ton SlOiton $ tilts J /ton 10. A. %2 sack incremental increase to base bid S:4!8 /ton S N/6 /ton $ N16 /ton B. 1/2 sack incremental decrease to base bid $ µlb /ton $z./ /ton $ n116 /ton ZS au , 25' 11. Concrete Rubble,0"-8"size mixed $ 2(0. /ton $ Z) --/ton $ (• • /ton '/ .� _. i /.7/ , Signature Date Page 7 of 19 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2OF2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2 " size $NIA /ton $ AO /ton $NJ$ /ton B. Hearth slag, 11/2"-3" size $1416 /ton $ Nit, /ton $ h{if j /ton s' 9S 13. Grade 3 Commercial Rock $47• /ton $ 4 t /ton $'1' /ton zs 7C 14. Grade 4 Commercial Rock $''l""/ton $ —/ton $'1• /ton 4( Za 4' 15. 5/8"Limestone Aggregate . /ton $tO.� /ton $ .--/ton Location of stockpile,plant or shipping point: 860 O 114 Sr J ,iu MQn/t; -77(--, gaF &457-- oA Oki/CAS-He- cop 860 fide_ COMPANY Ni6ME STREET ADDRESS IIIP 4.4.A__ ',i; RE • �60x. Zo 77 9 IGNATUO F BIDDER P.O. BOX 7gEeEc`4 7e,rig UM c Jt' 7 777z d PRINT OR TYPE NAME CITY SATE ZIP /174-7�e,ehn 5 Sij2 g-5 4/WA—. 4491 Z8X Z lv OCA TITLE AREA CODE TELEPHONE NO. 4ae_cc_4. elle e_g apac .c)4 EMAIL FAX NO. Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: / Al a Air Printed Name: -.01; _ _ y Ate. Title: �,¢ /,tS c:c41-6-S Company: „Ai /Q 574-4 e _ T _`A Date: f/$ //8 , corn ,8uucxato 4 Seaseru/ SUBSCRIBED and sworn to before me the undersigned authority by the of, �Qn //740, behalf of said bidder. d, owc CIA04/4", Notary Public in and for the * `_ PAULA HARRIS State of Texas Notary ID#1179575k44 MyCommission Expires 120%! a May 9,7 21 t My commission expires: Page 9 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: 1/. 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. dr) OZ/e--as 7L/e_ //A) Fir• 'ame Thde Authorized Signature Title 6f-C9 a ZDD Name (please print) Telephone Email STATE: 0,4 A COUNTY: t r' i/ SUBSCRIBED AND SWORN to before me by the above named on this the <6tPX day of41/1l./j , 2O f$ • 4 6.fkez64/61(40 NotaPAULA HADp117RR95IS 1 Nota Public ryl75 My Commission Expires 4k,o,,, May 9,2021 AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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. Name of vendor who has a business relationship with local governmental entity. RCheck this box if you are filing an update to a previously filed qu stionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. /1/r>•✓E— Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(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 IQo 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 71--- 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. /1/0 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 descr'--. in Section 176.003(a (9), excluding gifts described in Section 176.003(a-1). //jr.,A5 41. Signatu e of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 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:/lwww.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; (8) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-t) 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 1130.2015 Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, A ' the undersigned an representative of ( G Jam % ,/C/C4S-71-/e_ (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. "a-t5 Name of Company Representive(Print) _ ♦ Signature of Company Representative /e/k/th Dat Page 13 of 19 House Bill 89 Verification x_____9 I, birG (Person name), the undersigned representative (he after referr d to as "Representative") of c,"Ce4K-r ,zh &ideasf/� �, 24 4-1 (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 aitoc made for ordin- • •usiness •urposes. ,440 At -,. • i SIGNATURE OF REP'ESENTATIVE SUBSCRIBED AND SW N c,/ TO BEFORE ME, the undersigned authority, on this Aday of &/ JI. 11 .4.A , 20 I I E. HARRlS Notary PAULA ID#1179575 (/ Ii/ 4 1 1' 4I , ., /. My Commission Expires 1 1 �• ,,5•�` May 9,2021 1 Notary Public Page 14 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. 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 [TB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this [TB 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 Page 15 of 19 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.: Department, P.O. l3ox 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 2/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton by No. Location Stockpile Plant Worksite 1 a Primary Gulf Coast Gr.3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr.4 Precoated Aggregate $69.25 $63.00 $69.25 _ Secondary L.D. - $65.00 $75.00 Construction 2 Primary L. D. Blackbase - $51.50 $61.50 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary , Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D"Hotmix $68.90 $58.00 $68.90 Asphaltic Concrete Pavement Secondary L. D. - $59.00 $69.00 Construction 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D"Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L. D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bid - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta '/i sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 l0b Primary Martin Marietta '/z sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company, Ltd. 12a Primary No Bids Hearth slag,0"- 1 ''/z" - - - Secondary No Bids size - - - 12b Primary No Bids Hearth slag, 1'/z"-3"size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr.3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %"Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 2/21/18 aw Exhibit C (L. D. Construction) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, 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 L. D. Construction, hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur L. D. Construction BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of - ` SHERRI BELLARD,TRMC \ CITY SECRETARY RAYMOND SCOTT JR. 4' THOMAS KINLAW HAROLD DOUCET SR. ort r t h u� � WILLIE'BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,January 31, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I PurchasingManager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Gl)Wlra, Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST.However, if you are removed you will be reinstated upon request. In the event you desire not to submit a.bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this productor services? V Were the specifications clear? V Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list lair this product or service? V Does your present work load permit additional work? J Comments/Other Suggestions: Company Name: aiik5*1 a--17o7 Person Completing Form: l I Telephone: /h/ 0 1304. - �/�9 eW 7147 Mailing Address: 4 Email: ///8 totilh the had ,#.0/( I91/ -tx .idginditUd404 /.don City,State,Zip Code: Date: fir i072.4/C.7 T6 7 7 7e 7 c cq 2 /& Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation Sieve Size % Passing 1'/z" 100 1" 90-100 '/a" 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials,and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. %z sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE [S A CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR.TEXAS BID SHEET PAGE 1 OF 3 BID FOR: Road Building Materials BID DUE DATE: January 31,2018 ITEM# DESCRIPTION. STOCKPILE PLANT WORKSITE 1. A.Type"PE"Grade 3 Precoated Aggregate $ /ton Senton $ifitan B. Type"PE"Grade 4 Precoated Aggregate $ /ton $4,5 /ton $76-°-'/ton 2. Blackbase $ /tai f 5O/ton $6/..0/ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton S /ton S /'ton 5. Type"D"Hotmix Asphaltic Concrete PVT $: /ton S,194 /ton S 6.,V g--2/ton 6. Hotmix Cold Laid Type"I3" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton ? Higb.Performance Hotmix Cold. Laid Type"D"Asphaltic Concrete $ /ton $B5'/ton $ 9.5 ton Pavement 8. Romayor Sand $ /ten $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ i to n 10. A. '4 sack incremental increase to base bid $ /ton $ /ton $ /ton B. i sack incremental decrease to base bid $ /ton S /ton $ /ton 1 1. Concrete Rubble,0'-8"size mixed $ /ton $ /ton S iton Signature .Ildte Page 7 of 19 CITY OF PORT ARTHUR.TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A.Hearth slag, a"-1'A"size S /ton S /ton $ /ton B. Hearth slag, 1 W'-3"size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: 23A2 6iliveileaci ,( ire ,max Li) AS/ft/ab idejoerM itOgetkihad P169z1 COMPANY NAME STREET ADDRESS SIGNATURVOF BIDDER P.O.BOX ' i73L 777D7 PRINTOR dip - - TYPE NAME CITY STA[h, ZIP // I/Z/ bL /7469- q/ - 72 7 TITLE AREA CODE l bLEPHONE NO. -fT�./d a fra/k.Corn 11-/a 9 EMAIL FAX NO. Page 8 of 19 NON-COLLUSION AFJ .IDAV.IT 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 communicateddirectly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the!development and submission of this bid proposal. Signature: Printed Name: III' eTitle: &1Mx7 Company: Date: 120/8 SUBSCRIBED and sworn to before me the undersigned by r the f, /t on behalf of said bidder. t5Mtthcn- I ' • Notary Publi - . for the State of Texa My commission expires: D /Z4/2D2/ ;i+"•'s r VICKI LYTLE _• ,1� :•_ My Notary 10#ti060247 f'fbit, Expires May 29,2025 Page 9 of 19 AFFIDAVIT IT 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: Ni I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts asthey 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. eegkeigebe &Vie Firm Nameate Authorized Signature Title 7/ 4','Q Name(i)lease print) Telephone 1/./dci toth Wind .Oran Email STATE: 7j COUNTY: ¢ � SUBSCRIBED AND SWORN to before me by the above named 7 __1 /dj 'z-. on this the � 1 day of I/ /,/ , 20 ; . ey VICKI LYTLE --�-` Y wry 10#t0602aT Notary Pa Expires May 29,202'k RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23,84th Leg., Regular Session. OFRCEUSE ONLY This questionnaire is being filed in accordance with Chapter 176.local GerrrnentCede,by a vendor who slate Rscetved has a business relationship as defined by Section 178:001(1-a„1 with a local governmental entity and the vendor meets nagtirarnenis under Section 176.008($). Bylaw this questionnaire must-be filed with the records administrator of the total governmental entitjr•rw¢later _ titan the 7th business day atter the State the vendor becomes aware of fads that require the.statement to be filed. See Section 176.006(a-1),Local Goverment Code. A vendor commits an offense it the vendor Imo.**violates Section 176.006,Local Government Code.An offense under dHs section is a misdemeanor. J Name of vendor who has a business relationship p with local governmental entity. Lam) (rz . QCheck this box it lrOusrefdirtg as►updaietrsa previously fded &aanatis.(The law requires that you file ars updated completed questionnaire with the appropriate filing authority not Later than the 7th business day alter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.), u Name of local government officer about whom the information is being disdosed. Name of Officer .i Describe each employment or other business relationship with the local government officer,or a family are/Tiber of the officer,asdescdbed by Section 176A030((2XA).Also describe any family relationship with the focal government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CiG as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vender? 0 Ye& El No B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? j`''�f� J. a � J No II Describe each employment or business relatortithhstivn the vendor na$nedin bion 1 wins 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 t , 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(02)(B). excluding gifts described In Section 176.003(a-1). J ..1j-..........22:s.2:Zry.....2._____________ Sf etiature of vendor coir 1// /i i' Ifig g ►3 business with the governmental entity / Dais Form provided by Texas Ethics Commission www:elhics.state.br.us v Revised 11/30/2915 Page 11of19 CONFLICT OF INTEREST QUESTIONNAIRE . . For vendor doing business with local..gover ie r tat euaty 1 A complete copy of Chapter 176 of the Local Government Code may be found at http:iiwww statutes legis.stale tx.use LDccs!LGeern L 176.h1m.'Foreasyreferenoe.be1w are some cif the sections cited on This form. • LocalGovern mentCtd 176OO1(leee'Business relationship'means aconnec:tionhe.iweentwo ormore pai1 s E 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: (e) a transactSoe t orndui. ed at a Fn ice and sujeci to iecru available io the pubic,or (C)a purchase or lease of goods or services from a person that is chartered by a state or tederal 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: (2i the vender; (A) has an employment or other business relationship with the local government off icer or a family member of the officer that results in the officer or family member receiving taxable income, other than invest-r.-en:income, that exceeds$2,300:erring the 12-month period preceding the date that the officer becomes aware that (i)acontract betweendhe:localgovernmental entityandvendorhasbeenexecuted: or (ii) the local governmental entity is considering entering into a contract with the vendor; {B)has given tolheiocai government officer or a family mereber of the officer one or mare.gifts sinal have an aggregate value of more than et DO in the i2-month period preceoirg the nate the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or fie the local governmental entity is considering entering into a contract with the vendor Local Government Code✓1176.006(3)and 4-n ra) Avendor shaft lie acornpleted cenflictotinterestgerestlonnaire 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,ora family member of the officer described by eection 176.043ta)(z)(A): (2) has given a local government officer of thatloml governmental'entity.or a family member of the officer-one or more gifts with the aggregate value specified by Section 176.003(a){2)(g).excluding any gift described by Section 176.003(a-1).or (9) has a family relationship with a local crovzrnnment officer of that local governmental entity. {a-1)Thecomp3eSed conflict of interest questionnaire must be tiled with the appropriate records administrator nod later than the seventh business day of ter the later of: (1) the date that the vendor: M) begins discussions or negotiatiornsto eater tato a contract with the local governmental entity:or (B)submits to the local governmental entity an application-response ba request tar p,r ncal� or bids,correspondence. or another writing related to a potential contract with the lccal governmental entity:or (2) the date the vendor becomes aware: (A)- of art employment or other business relationship with a local government officer,or a !aunty member rpt the officer.described by Subsection fa): fie)that the vendor has given one or more gifts described by Subsec5on(a):or (C)ofa ternity relationship with a local government officer. =.:m to-ices tri Tawas Es ks Comrniuian furca ethscs.scare.tx.us Rerrsed 11•3rr2015 Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION 72/2/ ,the undersigned an representative of a 164Wa. (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 theState of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2753.153. 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 ompanv Representative(Print) Signature of Company Representative Dat Page 13 of 19 House Bill 89 Verification TAsi (Person name), the undersigned representative (hereafter referred to as "Representative') of .46 ag7z741 -t t, (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-controtted territory, but does not include an action made for ordinary business purposes. SIGNATUREEP ENTATIVE SCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this., day of (. / 19 , 20/e . r( Notary Pub rg VICKI LYTLE My Notary 1D#1060247 ;s1;1'.-1\44 Expires May 29,2021 Page 14 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. 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 Page 15 of 19 ____-,,,1 AccFRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ODlYYYY) ‘1.......----- 7/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aimee Morrison Arthur J. Gallagher Risk Management Services, Inc. PHONE E�1.337-475-7460 FAX 337-474-4418 1490 Market Street -w INC.Nm: EMAIL Aimee_Morrison@a19•com Suite 3 ADDRESS: Lake Charles LA 70601 INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:Texas Mutual Insurance Company 22945 INSURED ' INSURER a:Employers Mutual Casualty Company 21415 Pamela Dodson DBA LD Construction INSURER c:AGCS Marine Insurance Company 22837 148 S Dowlen Rd PMB 694 Beaumont TX 77707 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:331639168 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYI (MM(DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y 5D32389 . 7/29/2017 7/29/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,00.0 POLICY E JEC LOC { PRODUCTS-COMP/OP AGG $2,000,000 I OTHER: $ B I AUTOMOBILE LIABILITY Y Y 5E32389 7/29/2017 7/29/2018 COMBINED SINGLE LIMIT 5 (Ea acudenll 1,000,000 157 ANY AUTO BODILY INJURY(Per person) $ I OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ~ — HIRED — NON-OWNED PROPERTY DAMAGE X� AUTOS ONLY X AUTOS ONLY (Per accident) $ r $ B X UMBRELLA LIAB X OCCUR Y Y 5J32389 7/29/2017 7/29/2018 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED I RETENTION$ $ A WORKERS COMPENSATION y 0001147577 7/29/2017 7/29/2018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Rented/Leased Equip SML93068226 7/29/2017 7/29/2018 Per Itern/Limit $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Certificate holder is included as Additional Insured on the General Liability policy as per endorsement#CG7578.3 edition 05/15 for ongoing operations, and per endorsement#CG7174.3, edition 10/13 for completed operations, and on the Auto Liability policy as per endorsement #CA7450 edition 11/15. Waiver of Subrogation applies to certificate holder as respects General Liability, Auto Liability and Workers Compensation policies as required by written contract pursuant to and subject to the policy's terms,definitions, conditions and exclusions. City of Port Arthur and their respective agents and employees are additional insureds as required by written contract. Project: Flexible Base Streets Reconstruction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1089 ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur TX 77641 AUTHORIZED REPRESENTATIVE I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers. agents. and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 02/21/18 ow Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D" Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta 'h sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 10b Primary Martin Marietta '/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 1'/2" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, 1'/2"-3"size _ - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %"Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 2/21/18 aw Exhibit D (Knife River) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or "CITY", and Knife River, 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 sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Knife River BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR \\`,\�. - HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM \"' � INTERIM CITY MANAGER f,a.g.• COUNCIL MEMBERS: City of Cl! SHERRI BELLARD,TRMC � ),� CITY SECRETARY RAYMOND SCOTT JR. • :) THOMAS KINLAW HAROLD DOUCET SR. n r t r t h uu r WILLIE`BAE"LEWIS JR. VAL TIZENO iirsi OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,January 31,2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 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 whine to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a,portarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 444 4th Street1 Port Arthur,Texas 776411 409.983.8160 1Fax 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 Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the hid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type 'A Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/z sack; or, will be considered base bid. V2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 V2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 'A sack mix is the base bid. Each half sack of cement increment,whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" I 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE ISA CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 21'I'Y OF PORT ARTHUR, TEXAS BID SHEET PAGE I OF 2 BID FOR: Road Building Materials BID DUE DATE: January 31,2018 ITEM!# DESCRIPTION STOCKPILE (Picked up) PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ hon 3. Limestone $ 2 7/ton $ 22 /ton $ 27 /ton 4. 610 Base Limestone $ 43 /ton $ 38 /ton $ 43 /ton 5. Type"I)"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton Pavement $ /ton $ hon 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ 27/ton $ 22 /ton $ 27 /ton 10. A. '/, sack incremental increase to base bid $ 3 /ton $ 3 /ton $____Uton B. % sack incremental decrease to base bid $ 3 /ton $_3_,/ton $ 3 /ton 11. .ncrete R •ble, 0"-8"size mixed $ /ton $ /tan $ /ton s'.;, ' j 1/25/2018 Date Page 7 of 19 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1%2"size $ /ton $ /ton $ /ton 13. Hearth slag, I Y2"-3"size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: _ ife River A. oration- South 4825 Romeda Rd e, NAM i STREET ADDRESS t i 1 G 1 A IP e • :IDDER P.O. BOX Albert Wamack Beaumont, TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager _ (409)842-2100 TITLE AREA CODE TELEPHONE NO. Albert.Wamack@kniferiver.com (409)842-9393 EMAIL FAX NO. Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR STATE OF TEAS § 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 • in- 'tution submitting a bid committed any other act of collusion related to th d- elopment - -. 'mi. ion of this bid proposal. Signature: / / 11111 Printed Name: --- A - Wa ack Title: aales Manager Company: Knife River Corporation- South Date: 01/25/2018 SUBSCRIBED and sworn to before me the undersigned authority byJanuarythe 25 of, 2018 on behalf of said bidder. 1 I 9' na6( N.4 `u•lic in and for the State of Texas I "µ °m. ANN BERNARD i =*` Notary Public, State of Texas r, ./�,.' My Commission Expires My commission expires: 10/(0 17,0) 9F; October 10, 2018 I Page 9 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: AW 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. Knife River Corporation- South 01/25/2018 Firm :m: Date Sales Manager Autho 'ze ignatu Title Albert Wamack (409)842-2100 Name(please print) Telephone Albert.Wamack@kn iferiver.com Email STATE: Texas >°s ANN BERNARD �:.(�7•.- Notary Public, State of Texas Xtk;,.:_,° My Commission Expires couNTY: Jefferson October 10, 2018 SUBSCRIBED AND SWORN to before me by the above named Albert Wamack on this the 25 day of January ,2018 Il I , I No Pub 'c RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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; (8) a transaction conducted ata price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code 176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity.or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence. or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11x30.2015 _,,g. SB 252 CHAPTER 2252 CERTIFICATION I. Albert Wamack ,the undersigned an representative of Knife River Corportation- South (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 Stale 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 fisting 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. A,,;rt Wam A N. of C.m.Is ' - . -sentative(Print) IP" / IAA Signature . Company Representative 01/25/2018 Date Page I3 of 19 House Bill 89 Verification i, Albert Wamack (Person name), the undersigned representative (hereafter referred to as "Representative") of Knife River Corporation- South (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. NA UR REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 25 day of January , 20 18. Qikkttart' Public ANN BERNARD _•' Notary Public, Stole of Texas My Commission Expires .`. October 10, 2018 I } Pagc 14 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. 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 Page 15 of 19 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s)as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr.4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D" Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 l0a Primary Martin Marietta %z sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 10b Primary Martin Marietta 1/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 1'A" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, 1'/z"-3" size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %" Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 2/21/18 aw Exhibit E (Martin Marietta) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or "CITY", and Martin Marietta Materials, 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 sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Martin Marietta Materials BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of : '-; ' SHERRI BELLARD,TRMC CITY SECRETARY RAYMOND SCOTT JR. THOMAS KINLAW HAROLD DOUCET SR. ort r t h u r WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 31,2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 DELIVERY ADDRESS: Please submit one (1) original and one (1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing_Manager,Clifton Williams,CPPB P.O.Box 1089 444 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 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. (/L Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1W 100 1" 90-100 %" 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM H (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec hook is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE IS A CONFLICT.-PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 31,2018 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 27.00 23.00 27.00 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ 38.00/ton $ 32.09ton $ 38.00/ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton S /ton Pavement 31.00 27.00 31.00 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ 25.00/ton $ 21.00/ton $ 25.00/ton 10. A. 1/2 sack incremental increase to base bid $ 3.00/ton $ 3.00 /ton $ 3.00 /ton B. %2 sack incremental decrease to base bid $ 3.00 /ton $ 3.00 /ton $ 3.00 /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton `' • 1/30/18 natu c Date Page 7 of 19 • • CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1Y2" size $ /ton $ /ton $ /ton B. Hearth slag, 1%2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8"Limestone Aggregate $ 36.00/ton $32.00 /ton $ 36.00/ton Location of stockpile, plant or shipping point: 2190 South Gulfwav Drive, Pt. Arthur 77640 Martin Marietta Materials 5675 Fannett Road COMPANY NAME STREET ADDRESS P.O.Box 5187 S GNAT -irriF BIDDER P.O.BOX Bill Kelley Beaumont, TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sales Representative 409-835-4933 TITLE AREA CODE TELEPHONE NO. william.kelley@martinmarietta.com 409-654-3312 EMAIL FAX NO. Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Jas Orch Title: General Manager Company: Martin Marietta Materials Date: 1/30/18 Jo , 4-P 4� SUBSCRIBED and sworn to before me the undersigned authority by hat the (Nanai,, of, 4%1441 SUBSCRIBED behalf of said bidder. iktzt 104) ) 4 ,x,,11 AMI SUE Notary Public in and for the '= MY COMMISSION EXPIRES State of Texas *ha/ July 7,2019 My commission expires: ?/ a0/�1 V Page 9 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: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Martin Marietta 1/30/18 Firm Name / Date c l' General Manager Auth izegnature Title Jason Lynch 409-284-8724 Name(please print) Telephone jason.lynch@martinmarietta.com Email STATE: /i& COUNTY: e,ge L SUBSCRIBED AND SWORN to before me by the above named pyl ry,Gv on this the day of� k y , 20 /, . / a�� U Al/, . _ _ At " AMI SUE DORN Notary Public i MY COMMISSION EXPIRES 1,.sr�, July7,2019 RE U al - - . 1 • T AS PART OF THE BID PROPOSAL Page 10 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, Jason Lynch , the undersigned an representative of Martin Marietta Materials (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. Jason Lynch Name of Company Representative (Print) J � Signa nigl Company Representative 1/30/18 Date Page 13 of 19 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✓a 176.001(1-a):'Business relationship means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: ... (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence. or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11,302015 Page 12 of 19 , House Bill 89 Verification Jason Lynch (Person name), the undersigned representative (hereafter referred to as "Representative") of Martin Marietta Materials (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. ir SI NAT 'OF - PRESENTATIVE 9A 4-1- BSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this , day of ` i aJwCat , 20W . —4-it/t: Jai sr��J.n*'riyy�,. AMI SUE DORN e*• *- MY COMMISSION EXPIRES Notary Public _;$ July7,2019 Page 14 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. 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 Page 15 of 19 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction lb Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D" Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta '/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 l0b Primary Martin Marietta '/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 1'A" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, 1''A"-3"size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %"Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 2/21/18 aw Exhibit F (Brauntex Materials) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, 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 Brauntex Materials, 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 sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2)copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Brauntex Materials BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM - INTERIM CITY MANAGER Clh 1 COUNCIL MEMBERS: City of � SHERRI BELLARD,TRMC RAYMOND SCOTT JR. b, CITY SECRETARY THOMAS KINLAW HAROLD DOUCET SR. "rt r t h u r WILLIE`BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9, 2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 31, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 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.williamsc portarthurtx.gov Purchasing Division/Finance Department I PurchasingManager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409-983.$291 The enclosed Invitation to Bid ([TB) 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 Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. 1'he City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE ISA CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR, TEXAS C0Fir BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 31, 2018 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE"Grade 3 Precoated Aggregate $N/A /ton $ Nfrt /ton $ /V/A/ton B. Type "PE"Grade 4 Precoated Aggregate $75.00/ton $30.00/ton $75.00/ton 2. Blackbase $ N/A /ton $ N/A /ton $ N/A /ton 3. Limestone s N/A /ton $ N/A /ton $ N/A /ton 4. 610 Base Limestone $ N/A /ton $ N/A /ton $ N/A /ton 5. Type "D"Hotmix Asphaltic Concrete PVT $ N/A /ton $ N/A /ton $ N/A /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $95.00/ton $50.00/ton $95.00/ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $N/A /ton $ N/A /ton $ N/A /ton Pavement 8. Romayor Sand $ N/A /ton $ N/A /ton $ N/A /ton 9. Cement Stabilized Sand (Base Bid) $ N/A /ton $ N/A /ton $ N/A /ton 10. A. 1/2 sack incremental increase to base bid $ N/A /ton $ N/A /ton $ N/A /ton B. 1/2 sack incremental decrease to base bid $ N/A /ton $ N/A /ton $ N/A /ton 11. Concrete Rubble, 0"-8"size mixed $• i/A /ton $ N/A /ton $ N/A /ton 1/23/2018 ignature' Date Pane 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1Y2 " size $ N/A /ton $ N/A /ton $ N/A /ton B. Hearth slag, l'/2"-3" size $ N/A /ton $ N/A /ton $ N/A /ton 13. Grade 3 Commercial Rock $ N/A /ton $ N/A /ton $ N/A /ton 14. Grade 4 Commercial Rock $ N/A /ton $ N/A /ton $ N/A /ton 15. 5/8"Limestone Aggregate $ N/A /ton $ N/A /ton $ N/A /ton Location of stockpile, plant or shipping point: 1504 WALD RD, NEW BRAUNFELS TX 78132 BRAUNTEX MATERIALS, INC. 1504 WALD RD COMPANY NAME STREET ADDRESS 312622 SIGNATURE OF BIDDER P.O. BOX WILLIAM D FISCHER NEW BRAUNFELS, TX 78132 PRINT OR TYPE NAME CITY STATE ZIP VICE PRESIDENT 830 -625 - 6276 TITLE AREA CODE TELEPHONE NO. WILL@BRAUNTEXMATERIALS.COM 830-620-7995 EMAIL FAX NO. Papp R of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: WILLIAM D FISCHER Title. VICE PRESIDENT Company: BRAUNTEX MATERIALS Date: 1/23/2018 SUBSCRIBED and sworn to before me the undersigned authority by the behalf of said bidder. 4697) SARAH KADERLI FLORES :r°' ,•; NOTARY PUBLIC Notary Public in and for the ID# 10 648187 • ."' State of Texas State of Texas Comm.Exp.11-07-2020 My commission expires: Pane 9 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: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. BRAUNTEX MATERIALS, INC. 1/23/2018 Firm Name Date VICE PRESIDENT Authorized Signature Title WILLIAM D FISCHER 830-625-6276 Name (please print) Telephone WILL@BRAUNTEXMATERIALS.COM Email STATE: TEXAS COUNTY: COMAL SUBSCRIBED AND SWORN to before me by the above named -U\ i tit, ",5c -✓ on this the ebrA._ day of --►y , 20 . PaY'dii SARAH IWDERLI FLORES . 1),k6t4\./ EX4,f\i/) o'` ' AA •a='• NOTARY PUBLICNota Public ID# 10648187 �' :N;•666 VVy State of Texas 9jFOFS`�+' Comm.Exp.11.07.2020 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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 _ dn . kt Is, rc 2 eck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. NName of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(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. „kJ kr A. Is the localv go ernment 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 1---1No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 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 t2-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 (il) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity.or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence. or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/302015 -n____ in _Cin SB 252 CHAPTER 2252 CERTIFICATION I, WILLIAM D FISCHER , the undersigned an representative of BRAUNTEX MATERIALS, INC. (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. WILLIAM D FISCHER Name of Company Representative (Print) Signature of Company Representative 1/23/2018 Date Page 13 of 19 • House Bill 89 Verification I WILLIAM D FISCHER (Person name), the undersigned representative (hereafter referred to as "Representative") of BRAUNTEX MATERIALS, INC. (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. SIGNATURES RE"RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 6'5. . ,p^Y,Ao�• SARAH KADERLI FLORES.�� NOTARY PUBLIC IR# 10648187 DLwrt/`-2 'I b , ../ Y' State of Texas Notary Public Comm.Exp.11.07-2020 Page 14 of 19 �...,,,, FISCCON-01 SGRISSOM AC®R®" DATE(MM/DDIYYYY) ii.------ CERTIFICATE OF LIABILITY INSURANCE 11/07/2017 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; _ Howell and Schmidt Insurance&Investments PHHOO"No,Eat):(83O)620 4224 I FAX 1619 E.Common Street Ste. 6206 (A/C,No):(830 620-0396 New Braunfels,TX 78130 ADDRESS:schmidta@insurance-invest.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Charter Oak Fire Ins Co _25615 INSURED INSURER B:Travelers Property Casualty of America 25674 Fischer Construction Inc./Brauntex Materials,Inc. INSURER C;Travelers Indemnity of CT 25682 1504 Wald Rd INSURER D: New Braunfels,TX 78132 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR .POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD1MMIDDIYYYY),(MM/DD/YYYYJ, A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6305G085199 11/01/2017 11/01/2018 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) S X Employee Benefit Lia MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY _ S 1'000'000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG s 2,000,000 OTHER: PER PROJ AGG BY $ 5,000,000 B AUTOMOBILE LIABILITY (Ea aB accIdCOMBINED SINGLE LIMIT nt) $ 1,000,000 X ANY AUTO BA5G099708 11/01/2017 11/01/2018 BODILY INJURY(Per person) $ OWNED - SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ HIRED NON WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUP4A007940 11/01/2017 11/01/2018 AGGREGATE $ 10,000,000 DED X RETENTIONS 10,000 PR/CO's Agg $ 10,000,000 C WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE UB5G08864A 11/01/2017 11/01/2018 1,000,000 OFFICER MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ' A Inland Marine 6305G085199 11/01/2017 11/01/2018 Rented/Leased Equip 750,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is Additional Insured as respects General Liability and Auto Liability when such status is required by written contract with named insured. Waiver of Subrogation is applicable to General Liability,Auto Liability and Workers Compensation also when required by written contract with the named insured. Umbrella is a following form policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR INFORMATION PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 \\ith 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 Page 15 of 19 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location , Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D"Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 S95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta 1/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 10b Primary Martin Marietta 1/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 1 1 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 1 2a Primary No Bids Hearth slag, 0"- 1'/2" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, 1'/2"-3"size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr.4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %" Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 2/21/18 aw Exhibit G (Redwine Enterprises, Inc.) P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and Redwine Enterprises„ Inc., hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Redwine Enterprises, Inc. BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM INTERIM CITY MANAGER Ehrn COUNCIL MEMBERS: City of = `ti` SHERRI BELLARD,TRMC ik) CITY SECRETARY RAYMOND SCOTT JR. \ � THOMAS KINLAW HAROLD DOUCET SR. Ort r t h u WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 31, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 DELIVERY ADDRESS: Please submit one (1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 444 4th Street I Port Arthur,Texas 776411 409.983.8160 1Fax 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 Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City,State, Zip Code: Date: Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/2" 100 1" 90-100 %., 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM Cl 23 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY [F THERE IS A CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 1311) FOR: Road Building Materials 1311) DI JE DATE: January 31, 2018 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT • $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type "D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 10. A. ''A sack incremental increase to base bid $ /ton $ /ton $ /ton B. 'A sack incremental decrease to base bid $ /ton $ /ton $ /ton ^n s9 s9 11. Concrete Rubble, 0"-8" size mixed $0(4 /ton $ADM/ton $`ola2. /ton ))..\CA. \ 131 a 0Q, Signature Date Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1 Y2 " size $ /ton $ /ton $ /ton B. Hearth slag, l'/2"-3" size $ /ton $ /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 15. 5/8" Limestone Aggregate $ /ton $_ /ton $ /ton Location of stockpile, plant or shipping point: •�( C) '(kr-4- ) Iff)t/C.k3 Vti Lk) l � • C S -)C. 2 b \k/) . AtiL COMPANY NAME JJ STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX sk-)� �C,t c., �; ,� /bre �r+i-RA,r- icor 176e/ PRINT OR TYPE NAME CI.T Y► STATE ZIP 9— `722— S373 TITLE AREA CODE TELEPHONE NO. ---ravc4)1,-0 rcI coin c{b7- 1.1 "x'-71 g EMAIL FAX NO. C th �l f7c�9_ � � OOO Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: O WAN 1�% l Title: (1 f �nq VU Company: t 1 ] NY \ C ')AL Date: eAttal SUBSCRIBED and sworn to before me the undersigned authority by �the 4({S1d��of, {del kAL behalf of said bidder. ROA gavot, kmomi\u, TANAMONTAlVO Notary Pu blic in and for the Notary lD#129478545 State of Texas My Commission Expires 21 July 3,20 My commission expires: 1' \ 21 Page 9 of 19 AFEll)AVI l' 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: 1 hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay V 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. °R.e.. - LA) i na._, k1.1-4-1,f :5._3 )Tr)C. 112.3 I 011 Firm Name Date �L►7R4 I211_6L/ ?rC...S fj () errr Authorized Signature Title sk TeAw,ne `10q-,`122- 27,3 Name(please print) \ Telephone -f-re.d l.Ji n O e® -f.r r. -o r Email V STATE: 1 tXJkS COUNTY: Z.{.MAYI SUBSCRIBED AND SWORN to before me by the above named TY 1591 YWW 1Y\(..)_ on this the l.i' day of Ok.11W tlkY1, , 20 \ . NAG4 . x\i\u\miAkho Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ♦ - -Aro 1 /:`. TANA MONTALVO i / —1l`- Notary ID#129478545 1 ,� , My Commission Expires �++ o,v07 July 3,2021 Page 10 of 19 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. II Name of vendor who has a business relationship with local governmental entity. I 2i. 1-7 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.) rJ Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer; or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income other than investment income. from the vendor? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? • Yes n No s l 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, ''6J 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)(13), excluding gifts described in Section 176.003(a-1). J _)/ et /A) b003 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 Page 11 of 19 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 hitp:i/www.stalutes.legis.state tx.usl DocsiLG/htrn/LG.176.htm.Fot 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 slate.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 S 176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gilts that have an aggregate value of more than$100 rn the 12-month period preceding the dale the otficer 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 filets 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): (8) 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 srate.ix.us Revised 1 t 30(2015 Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION I S�LL I C O W i(12. ,the undersigned an representative of �� W i r1Q -414-tr rrr7(,- 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. SPA 71-5 aw rt e- Name of Company Representative (Print) '-Nod2-1241---•-/ Signature of Company Representative 1 /2312org •Date Page 13 of 19 House Bill 89 Verification I,ri51.-‘a� 1.Q&.,Si no. (Person name), the undersigned representative (hereafter referred to as "Representative") of 12�w�no_ ,+ pc\SQS ) (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. Jn k. CLUL---/I SIGNATURE OF REPRESENTATIVE -_SUBSCRIBED AND SO N TO BEFORE ME, the undersigned authority, on this ZJ Wday of �] ��1� , 20 1%. • n 1ka OAAWariatvv TANA M ° ONTALVO ( Notary ID#129478545 Notary Public My Commission Expires July 3,2021 —• Page 14 of 19 1. 01/29/2018 16:39 FAN 2548368666 Jones Truck Insurance l¢J0001 AC RD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)1/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ERICA I NAME: Jones Truck Insurance Agency AcrNo,E1U: (254)836-8444 (A/C, No):(254)836-8555 10100 Saddle Creek Road aooaess:erica@jonestruckinsurance.com P 0 Box 2 36 INSURER(S)AFFORDING COVERAGE NAIC Waco TX 76703 INSURER A:Progressive County Mutual Ins. INSURED INSURER :_-.. REDWINE ENTERPRISES, INC, DEA: REDWINE CONSTRUCTION INSURERC: 2114 LEE STREET INSURER D: INSURER E: NEDERLAND TX 77627 INSURER F: COVERAGES CERTIFICATE NUMBER:17/18 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SLUR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDOfYYYY) (MMIOD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I D CLAIM MADE OCCUR PREMISES(Ea occurrence)RENT $ MED ESP(Any one person) $ PERSONAL S ADV INJURY $ _ GEM'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ _ PRG- IL LOC PRODUCTS-COMPIOP AGO POUCH JECT $ .THEF AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A - ;,I„ BODILY INJURY(Per person) $ AL_ TIED X SC EDULED 05756539-1 12/11/2017 12/11/2018 BODILY INJURY(Per accident) $ — NON-OWNED PROPERTY DAMAGE $ I HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB :,LAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER _ ANY PPoFT1EToR/PARTNERJE"E:IITIVE E.L.EACH ACCIDENT $ OFFICEP/MEMBER EXCLUDECO NIA - -- (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ II yyes. e.nba urnJ?r • ----- DEo_RIF'TrSN:�F CPEP'ATIONS below tiy, E.L.DISEASE-POLICY LIMIT $ A IPHYSICAL DAMAGE COV. 05756539-1 12/11/2017 12/11/2018 COMP/COLL. DEDUCT.-S5,000 DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION (409)721-9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 444 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur, TX 77641 AUTHORIZED REPRESENTATIVE Jerry Jones/HOUSE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 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. "fhe 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 Page 15 of 19 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite 1 a Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 1 b Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 $31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D"Hotmix $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type"D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta 1/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 10b Primary Martin Marietta 1/2 sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 1'/2" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, 1'/2"-3" size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta %"Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45 P.R.20129 02/21/18 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2018, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and Mid County Land Company, Ltd., hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date sent on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for unit prices as shown in Appendix 1. 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. P.R.20129 2/21/18 aw OWNER CONTRACTOR City of Port Arthur Mid County Land Company, Ltd. BY: BY: Harvey Robinson Representative Interim City Manager DERRICK FREEMAN,MAYOR . . HARVEY ROBINSON CAL JONES.,MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of - �U SHERRI BELLARD,TRMC 40,/ CITY SECRETARY RAYMOND SCOTT JR. THOMAS KMLAW HAROLD DOUCET SR. n r t r t h r[ _ WILLIE"BAE"LEWIS JR. VAL TIZENO OSMAN SWATI Texas CITY ATTORNEY CHARLOTTE MOSES KAPRINA RICHARDSON FRANK JANUARY 9,2017 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 31, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,January 31, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P18-029 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.williamsna,portarthurtx.gov Purchasing Division/Finance Department LPurchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4w 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 forour 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 Purchasing Manager Page 2 of 19 INVITATION TO BID Road Building Materials (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT [N REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation Sieve Size % Passing 11/2" 100 1" 90-100 /." 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and kern # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. Page 4 of 19 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 -30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 'V2 sack; or, will be considered base bid. 'A sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 13. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. Page 5 of 19 B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftD.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE S 7& 8. B. NON-COLLUSION AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—ONLY IF THERE IS A CONFLICT.- PAGE 11&12 E. CHAPTER 2252 CERTIFICATION—PAGE 13 F. HOUSE BILL 89 VERIFICATION—PAGE 14 Page 6 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: January 31, 2018 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ /ton $ — /ton S !ton B. Type"PE"Grade 4 Precoated Aggregate $ — /ton $ — /ton $ ` /ton 2. Blackbase $ — /ton $ — /ton $ ✓ /ton 3. Limestone $ /ton $ — /ton $ /ton 4. 610 Base Limestone $ — /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ — /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ — /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ — _/ton $ /ton Pavement 8. Romayor Sand $ — /ton $ — /ton $ — /ton 9. Cement Stabilized Sand (Base Bid) $ — /ton $ •- /ton $ /ton 10. A. %z sack incremental increase to base bid $ /ton $ /ton $ /ton B. %z sack incremental decrease ._ to base bid $ /ton $ /ton $! /ton a3 a3 613 11. Concrete Rubble, 0"-8"size mixed $aS' —/ton $01„ — /ton $aS. /ton Signature ate Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. A. Hearth slag, 0"-1'/2"size $ -- /ton $ — /ton $ - /ton B. Hearth slag, 1Y2"-3" size $ /ton $ ' /ton $ /ton 13. Grade 3 Commercial Rock $ /ton $ - /ton $ ' /ton 14. Grade 4 Commercial Rock $ - /ton $ - /ton $ /ton 15. 5/8"Limestone Aggregate $ - /ton $ - /ton $ /ton Location of stockpile, plant or shipping point: Si l l 0 1 ►1 d uJ tl\(I Lk C't VrOc 4Vk c } JI itUitkV Mk a Covetuk, Cu it9uhk{ LUd (6100 leu s\i\a\( c�2 Pcffki\lkw.O f Ui1 la'O COMPANY NA E STREET ADDRESS I 1 •_41000 p .O . tr G SI 'ATURE OF BIDDER P.O. BOX ?3'1UC - ( . V (AWJv\ N aG o ck 'II. 1-lu1 PRINT OR TYPE NAME CITY STATE ZIP 90.Y Y(X 1 ‘taq . 1 t- gal TITLE AREA ODE TELEPHONE NO. MC 1i,(0VANit t at.ock NA). 1 .%.- a DI EMAIL FAX NO. Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: 6006 5 , vahly, Title: Company: ki II Cou Ak.q LAA Co 111pKM (.kd Date: \ 1 3\\OS" � J"• J Com• i QS) 'A� SUBSCRIBED and sworn to before me the undersigned authority by "-' J tr`the ce-A l of, %Is ti-ons behalf of said bidder. •_,� TABATHA R MATHEWSON Notary Public in and ort e NOTARY PUBLIC State of Texas STATE OF TEXAS .•°``F MY COMM.EXP.7.21.2018 My commission expires: 9/01� it Page 9 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: V I hereby certify that I do not have outstanding debts with the Cityof Port Arthur. I further agree g e 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. Nes& Ou 1\k\1 l.0 v (Ntopkvi( t $ UU 1 131 ` \ € Firm Name 1 Date % i)6•Akyor Authorized Signature Title f40( C . V( Y"v'W RC ) 1&l 4(C Y1 Name (please print) Telephone lAtiA C01(tko-@ ct . nt--k Email STATE: 7eX0.S COUNTY: -.e ' ' cs SUBSCRIBED AND SWORN to before me by the above named !J( O(,\1 5 \)QC) on this the day of 0,QNS'Jk , 20 1S c=------1---Z_Ca-‘--VC\e., -T c,,A\mif- A_ TABATHARMp,THEVVSON Notary Public I p NOTARY PU8L1C STATE OF TEXAS S, `'fo MY COMM.EXP.7;21-2018• THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 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. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Date Received 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. Jn 1 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires th t you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business y e date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) I\VI LI Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described, Attach additional pages to this Form 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? nYes nNo 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 relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Si re of vendor doing business with the govemmenta entity ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 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, DocstLGrhlm!LG176.htrn.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 tee regulation by a federal.state.or local governmental entity or an agency of a federal.state.or local governmental entity: 18) 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: c1r (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B).excluding any gift described by Section 176.003(a-1).or (3) has a family relationship with a local government officer of that local governmental entity. la-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 of negotiations to enter into a contract with the local governmental entity:or 18) 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): (8) 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 Commissim www athics.state tx us Rs-sad 11'30 2015 Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION (46(, -• ,the undersigned an representative of 1V d OWN !Y"w l (OM�Vt Y�� Lkd (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. £A04. U(xwn \ Name of Company Representative (Print) Signature of Company Representative 2dt- l`6 Date Page 13 of 19 House Bill 89 Verification I, gl'r(k. S, V t(W) (Person name), the undersigned representative (hereafter referred to ,,II as "Representative") of mitt umml uA, ((M 4 puby i tat (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this �` day of CVS\kC C).. , 201g . THEWS°N ----��"" TABAso RMA i ,/'.:`='�a• NOTARY PUBLIC �(�jy STATE�T '$ Notary Public .,,F' MY COMM. ..7.21.1811 Page 14 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. 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 JIB 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 Page 15 of 19 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.: Department, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINOUENT 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. Page 16 of 19 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. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 17 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount;and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. Page 18 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 1111111111110.11.111111. -wino P.R.20129 02/21/18 aw Road Building Materials - Appendix 1 Item Vendor Description Unit of Measurement per Ton No. by Location Stockpile Plant Worksite la Primary Gulf Coast Gr. 3 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction lb Primary Gulf Coast Gr. 4 Precoated Aggregate $69.25 $63.00 $69.25 Secondary L. D. - $65.00 $75.00 Construction 2 Primary L.D. Blackbase - $51.50 $61.5 Construction Secondary Gulf Coast $63.90 $53.00 $63.90 3 Primary Knife River Limestone $27.00 $22.00 $27.00 Secondary Martin Marietta $27.00 $23.00 $27.00 4 Primary Gulf Coast 610 Base Limestone $38.00 S31.75 $38.00 Secondary Martin Marietta $38.00 $32.00 $38.00 5 Primary Gulf Coast Type"D" Hotmix _ $68.90 $58.00 $68.90 Secondary L. D. Asphaltic Concrete - $59.00 $69.00 Construction Pavement 6 Primary Gulf Coast Hotmix Cold Laid Type $71.25 $65.00 $71.25 Secondary Brauntex "D Asphaltic Concrete $95.00 $50.00 $95.00 Materials 7 Primary L.D. High Performance Hotmix - $85.00 $95.00 Construction Cold Laid Type "D" Secondary Gulf Coast Asphaltic Concrete $98.25 $92.00 $98.25 8 Primary Martin Marietta Romayor Sand $31.00 $27.00 $31.00 Secondary No Bic - - - 9 Primary Martin Marietta Cement Stabilized Sand $25.00 $21.00 $25.00 Secondary Knife River $27.00 $22.00 $27.00 10a Primary Martin Marietta ''A sack incremental $3.00 $3.00 $3.00 Secondary Knife River increase base bid $3.00 $3.00 $3.00 10b Primary Martin Marietta ''A sack incremental $3.00 $3.00 $3.00 Secondary Knife River decrease base bid $3.00 $3.00 $3.00 11 Primary Redwine Concrete Rubble 0"-8" $22.59 $20.00 $22.59 Enterprises,Inc. size mixed Secondary Mid County Land $25.23 $25.23 $25.23 Company Ltd. 12a Primary No Bids Hearth slag, 0"- 1'/2" - - - Secondary No Bids - - - 12b Primary No Bids Heath slag, I'''A"-3"size - - - Secondary No Bids - - - 13 Primary Gulf Coast Gr. 3 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 14 Primary Gulf Coast Gr. 4 Commercial Rock $47.25 $41.00 $47.25 Secondary No Bid - - - 15 Primary Martin Marietta 5/s"Limestone Aggregate $36.00 $32.00 $36.00 Secondary Gulf Coast $46.45 $40.20 $46.45