HomeMy WebLinkAboutPR 20311: PURCHASE OF USED PIPEBURSTING EQUIPMENT FOR UTILITIES DEPARTMENT 4
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INTEROFFICE MEMORANDUM
Date: June 12, 2018
To: The Honorable Mayor and City Council
Through: Mr. Harvey Robinson, Interim City Manager
From: Dr. Hani Tohme, Utilities Director
RE: P.R. 20311 —Purchase of used Pipebursting Equipment for Utilities Department
Introduction:
The intent of this Agenda Item is to seek City Council's approval for Interim City Manager to
purchase used pipebursting equipment in the amount of$280,000.00 from Brystar Construction,
Inc. of Beaumont, Texas. Only one (1) vendor submitted a bid.
Background:
The used pipebursting equipment will be utilized by the Utilities Department to replace old and
deteriorated sanitary sewer lines City-wide. The rehabilitation of the sanitary sewer pipe will
decrease Inflow and Infiltration (I/I) of storm water into the Collection system and reduce the
number of sanitary sewer overflows.
Budget Impact:
The used pipebursting equipment has a competitive purchasing quote of $280,000.00 from
Brystar Construction, Inc. of Beaumont, Texas, and will be paid out of Account No. 410-1255-
532.92-00, Equipment (equipment account funded by the Industry).
Recommendation:
It is recommended that City Council approve the Interim City Manager to purchase the used
pipebursting equipment, as discussed and/or outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. No. 20311
06/12/18 bw/ht
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PURCHASE USED PIPEBURSTING EQUIPMENT FOR THE
UTILITIES DEPARTMENT FROM BRYSTAR
CONSTRUCTION, INC. OF BEAUMONT, TEXAS, WITH
THE PROJECTED BUDGETARY IMPACT OF $280,000.00;
FUNDS ARE AVAILABLE IN WATER UTILITIES
ACCOUNT NO. 410-1255-532.92-00, EQUIPMENT.
WHEREAS,the sanitary sewer pipes in the City of Port Arthur are in need of replacement;
and,
WHEREAS, the pipebursting method has been selected to accomplish this task utilizing
City employees; and,
WHEREAS,this equipment will be an essential part of the operation; and,
WHEREAS,Purchasing Department administered a competitive bid process as delineated
in our Purchasing Policy and only one (1) vendor submitted a bid for the used equipment; and,
WHEREAS, Brystar Construction, Inc. of Beaumont, Texas, through the competitive bid
process,provided the quote attached hereto as Exhibit"A", which meets our specifications.
NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT
ARTHUR:
THAT, City Council hereby authorizes the purchase of used pipebursting equipment from
Brystar Construction, Inc. of Beaumont, Texas through the competitive bid process organized by
Purchasing Division,with the projected budgetary impact of$280,000.00; and,
THAT, funding for this equipment is provided for in account number 410-1255-532.92-
00 and funded by Industry; and,
THAT,a copy of the caption of this resolution be spread upon the minutes of City Council.
P. R. No. 20311
06/12/18 bw/ht
Page 2 of 2
READ, ADOPTED, AND APPROVED THIS day of
2018 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor ;
Councilmembers:
NOES:
Derrick Ford Freeman,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO THE AVAILABILITY APPROVED FOR ADMINISTRATION:
OF FUNDS:
Andrew Vasquez, CPA, Harvey Robinson,
Director of Finance Interim City Manager
Ch if Williams, CPPB. Dr. Hani Tohme, P.E.,
Purchasing Manager Interim Director of Water Utilities
APPROVED AS TO FO' :
/ AP•
Val R. Ti eno
City Attorney .
P. R. No. 20311
06/12/18 bw/ht
Page 5 of 2
EXHIBIT A
(Brystar Construction Quote for Used Pipebursting Equipment)
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DERRICK FORD FREEMAN,MAYOR ! . HARVEY ROBINSON
THOMAS J.KINLAW III,MAYOR PRO TEM city of INTERIM CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. o r t r t h u CITY SECRETARY
CAL J.JONES
HAROLD DOUCET,SR. Tt.t'" VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK
May 21, 2018
REQUEST FOR PROPOSAL
Used Pipe Bursting Equipment for Utility Operations
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,
Central Standard Time, Wednesday, June 6, 2018. (The clock located in the City Secretary's
office will be the official time.) All proposals received will be read aloud at 3:15p.m. on
Wednesday, June 6, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX.
Proposals will be opened in a manner to avoid public disclosure of contents; however, only the
names of proposers will be read aloud.
MARK ENVELOPE: P18-074
DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of
your RFP 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 Request for Proposal should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, CPPB, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams(a,portarthurtx.gov
SUBMIT THE FORMS REQUESTED ON PAGE 4 WITH THE
INFO REQUESTED IN PROPOSAL
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR PROPOSAL(RFP) and accompanying General Instructions are for
your convenience in submitting proposals for the enclosed referenced services for the City of Port
Arthur.
Proposals must be signed by a person having authority to bind the firm in a contract. Proposals
shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand
corner of the envelope.
ALL PROPOSALS 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
RFP submittal arrives at the above location by specified deadline regardless of delivery method
chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 18
REQUESTS FOR PROPOSALS
USED PIPE BURSTING EQUIPMENT FOR UTILITY OPERATIONS
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY
RESULT 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:
1'3 r s ewyk-irack ( _73
PersotlCompleting Form: Telephone:
1, c,s1 Pke6aS ¢0q -6Z8
Mailing Address: Email:
g39 5 ��e cwt V gry . C ads . C.o.^
City, State, Zip Code: Dale:
g 4, tib, 77'7 ) /6
Page 3 of 18
SUBMIT THE FOLLOWING FORMS
WITH THE REQUESTED INFO IN RFP
1. BID SHEET—PAGE 7.
2. NON-COLLUSION AFFIDAVIT—PAGE 8 (MUST BE NOTARIZED)
3. AFFIDAVIT—PAGE 9 (MUST BE NOTARIZED)
4. CONFLICT OF INTEREST -PAGES 10 & 11 (IF NO CONFLICT,WRITE NA ON
LINE 1 AND SIGN AND DATE ON LINE 7).
5. HOUSE BILL 89 VERIFICATION-PAGE 12
6. SB 252CHAPTER 2252 CERTIFICATION- PAGE 13
Page 4 of 18
SPECIFICATIONS FOR
USED PIPE BURSTING EQUIPMENT
The used pipe bursting equipment requested must be a 2012 or newer model
with no more than 25o total operating hours on the meter. Any improvements
or repairs to the equipment must be listed with the bid proposals. Bidding
price must include shipping to our facility.
List of equipment:
1. Power Pack 800G and 1250G Hydraulic
2. Remote controller
3. Hose package with a minimum of 150' of additional hose
4. 4-Leg cable sling
5. 4-Leg chain sling
6. Minimum 500' Rods
7. Guiding Rod
8. Male to Male Adaptor
9. 6" Expander
10. 8" Expander
11. Deliver the equipment to the following address
City of Port Arthur
Water Service Center
111 H. 0. Mills Road
Port Arthur, TX 77640
Page 5 of 18
EVALUATION AND SELECTION PROCESS
All proposals will be screened by an evaluation committee and those proposers selected for a short
list may be invited to attend an interview, at the proposers own expense. Any invitation for an
oral presentation will be solely for the purpose of clarifying proposals received from each
qualifying proposer, and will not represent any decision on the part of the evaluation committee as
to the selection of a successful proposer.
The City will evaluate all responses based on the experience, qualifications, project approach,
price, and quality of response. The City reserves the right to negotiate the final fee prior to
recommending any Vendor for a contract.
The City's process is as follows:
1. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100 point scale and shall be based on the following
criteria:
a. Quality of Equipment (40 points)
b. Warranty (15points)
d. Cost (45 points)
2. The City may request to come see the equipment before recommending to Council
3. City staff shall recommend the highest ranked equipment to the City Council and
request authority to purchase.
The City reserves the right to use all pertinent information (also learned from sources other than
disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an
award to the best evaluated proposer. This information may be appended to the proposal
evaluation process results.
Page 6 of 18
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Used Pipe Bursting Equipment
BID DUE DATE: June 6,2018
ITEM UNIT COST
Power Pack 800G and 1250G Hydraulic -gif 34,gOO.06
Remote controller J S 00 0.00
Hose package with a minimum of 150' of
additional hose 3, 700•OO
4-Leg cable sling . ' 350.00
4-Leg chain sling 3e0(3•04
Minimum 500' Rods / a), 100. 00
Guiding Rod goo.a..)
Male to Male Adaptor I (' 004. o0
6" Expander S ,r0 O. 0 O
8" Expander 1 2 46o.O1
SUBMIT THE ADDITIONAL INFO ABOUT EQUIPMENT ON A SEPARATE PAGE
!6r ,r & t 'Pe(
n3, _ A C . 9 9S C_l�e�"`iC& 1 e(
COM5 n
PANY NAME STREET ADDRESS
SIGNATURE OF BI DER P.O. BOX
Pile / s 'Beek ,&047774
PRIM' OR TYPE NAME CITY STATE ZIP
RreSi cues 46 c' 042-6 8
TITLE AREA CODE TELEPHONE NO.
EM L FAX NO.
Page 7 of 18
YST4ft
CONTRACTING, INC,
8385 Chemical Road •Beaumont,Texas 77705 • (409) 842-6768
June 6, 2018
City of Port Arthur
City Secretary
444 4th Street,4th Floor
Port Arthur, Texas 77640
Re: Sheet 7 of 18 Bid Sheet Additional Information on Equipment
To Whom It May Concern:
Brystar offers the following additional information for your review and consideration for
the Used Pipe Bursting Equipment:
1. Price Breakdown: breakdown on sheet 7 of 8 is for informational purposes of
equipment that we have on-hand. This equipment is being sold as a package for
the Lump Sum Price of$280,000.00
2. Warranty: Equipment is being sold AS-IS and will be delivered in working order
to the City of Port Arthur.
3. Taxes: Base bid does not include any applicable taxes.
4. Equipment Information:
1 Each 800 G Grundoburst Serial Number: 1711179
1 Each Power Pack 800 and 1250G Serial Number: HYB11 1120035
1 Each Power Pack Remote Controller with Cable
6 Each Rod Magazines Complete 86' Each x 6 = 516 LF of Rods
1 Each Hydraulic Hose Package
1 Each Extraction Frame and Plate
1 Each Elbow Rod
1 Each Lifting Sling
1 Each 6" Expander
1 Each 8" Expander
1 Each Guiding Rod
1 Each M-M Adaptor
1 Each Operators Manual
1 Each Tools and Accessories Catalog
Approximately 254 Hours on the Unit.
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I/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. t
Firnt'IVame Date
. -C .--(-----\?4--- Pre.S t(I e it
Authorized Signature Title
Z Td0. ,* cP i, . Ii0 ( 409 - 842 - a,767g
Name (please print) Telephone
Email
STATE: '7& i S
COUNTY: 3eMcrf5i-
SUBSCRIBED AND SWORN to before me by the above named $!'cyq^ 'PA efps_
on this the 6 day of –0 A e , 20 / 5' .
SUZAN r rLUBECK (� .e_
1� " ID#3153072
7;0 My Commission Expires Notary blit
��: October 26,2021
illgi14-/Xci—
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 18
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire-reflects Changes made to the law by M.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 pate Received
has a business relationship as defined by Section 178 001(1-al with.a local governmental entity and the
vendor meets requirements under Section 176.008(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
flied. See Section 178 008(a.1),Local Government Code.
A vendor commits en offense if the vendor knowingly violates Section 176 006,Local Government Code.An
offense under this section is a misdemeanor.
if Name of vendor who has a business relations//hip with local governmental entity.
l3 r ySfa-f" Con 4r4.ch n.e� .,--
' .
JEi a�r
Check this box it you are filing an update to eviousty filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the.date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about om the Information is being disclosed.
Name of Officer
Al Describe each employment.or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form
CIO as necessary.
)Uaf1e
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?
f Yes u No /44
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 mernber of the officer AND the taxable income Is not received from the
local governmental entity?
n Yes ED No A/�
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.
AOA Q.
J
I n 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 Se g
Sig78,003O(2)(B),excluding gifts described In Section 176.003(a-1).
J
Signe a of vendor doing business‘th the governmental entity pare
Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11/30/2015
Page 9 of 18
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.usl
Docs/LG/htrn/LG176.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 aperson that's 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 datethat 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 govemmental entity and vendor has been executed;or
(ft) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a)A vendor shall file a completed conflict.of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor.
(A) begins discussions or negotiations to enter Into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a)
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethic's Commission wv w.ethics:state.tx.us Revised 11/30/2016
Page 10 of 18
CITY OF PORT ARTHUR,TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for
the firm bidding this project has violated the antitrust laws of this State, codified at
Section 15.01, 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: �4e%s
r3 ff —
Title:
Pies t C1 el�T-
Company: Styr 65A - Y&c7 . ,5
Date: 3(-Ir. e C 2o /.9
SUBSCRIBE and sworn to before me by the above named CEt'9C.11 c'4S� on
this the fo�ay of / c , 20 / 8 .
_ �, �.
Notary Pu is in and for the
=opPY; MtViE HOLUBECK
�15- ID#3153072 State of Texas
`ai,��. My Commission Expires
October 26,2021 _
mm.......... My commission expires: -<)6
Page 11 of 18
House Bill 89 Verification
I, ' r a 1 . Q/c e(,oS (Person name), the undersigned representative
(hereafter referred to as "Representative") of f' c7 - .b
(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 ''EPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of 3e , 20/g.
Notary Public
„so rye SUZANNE HOLUBECK
r°�,�c
CID#3153072
Page 12 of 18 %0FI My 0=272E2Pires
SB 252
CHAPTER 2252 CERTIFICATION
1, rL tyan ?4 e l0,1 , the undersigned and
representative of
(Company or usiness 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.
QA P4e (rt
Name of Company Representative (Print)
r1 ti
Signature of Comp:ny Representative
6/6/,9
Date
Page 13 of 18
addendum. Failure to acknowledge and submit any addendum may be cause for the proposal 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. All addenda will be numbered consecutively, beginning with 1.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel) in Port Arthur, the principal storage place or facility for the
equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s)
shall be in Port Arthur or such other definition or interpretation as is provided by state law.
Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit
price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility
Operations, P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt
Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is
due 30 days from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port
Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas
and the City Attorney concerning any portion of these requirements.
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 RFP.
Page 15 of 18
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted price. It is further understood that the contractor shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the
Contract shall be read and enforced as though each were included herein. If, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be
amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, in accordance with the provisions of this Contract
and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best
commercial practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of
capability, performance, construction, and other details, its use is not intended to deprive the City
of Port Arthur the option of selecting goods which may be considered more suitable for the
purpose involved.
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.
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RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require
the Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property
that occurs as a result of his fault or negligence in connection with the work performed until
completion and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in this Contract until he has received
from the City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract, whether the operations be by
himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable, of the following types and limits
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
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listed items, and before commencing any of the work and within the time otherwise specified,
Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect
except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should
contain a provision that coverage afforded under the policies will not be altered, modified or
canceled unless at least fifteen (15) days prior written notice has been given to the City of Port
Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF
INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as
the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than ten(10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the
execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot
be issued within such period, the time may be extended by mutual agreement between OWNER
and CONTRACTOR.
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