Loading...
HomeMy WebLinkAboutPR 20602: RECLAMATION AND ROAD RESURFACING PROJECTS C:r of ~ lic _., ...,. Q ' )rl 4 nrr rthttr Lexus www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 11, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Dr. Hani Tohme, P.E.; Director of Public Works RE: PR 20602—Reclamation and Road Resurfacing Projects Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute a contract between LD Construction of Beaumont, Texas for the Reclamation and Road Resurfacing Project. It is recommended that City Council approve PR 20602. Background: The City of Port Arthur Public Works Department's Engineering Division requests the resurfacing of the following streets: Marshall Avenue(10th Street South to Gulfway Drive North); 6th Street(Williams Avenue West to Duff Drive East);42"d Street(9th Avenue West to Wentworth Avenue East); 3rd Avenue (32nd Street South to 36th Street); and 64th Street(Garnett Avenue to West Port Arthur Road East). This contract was advertised on November 9, 2018 and November 16, 2018 in the Port Arthur News and three (3) bids were received and opened on November 21, 2018 with LD Construction of Beaumont, Texas being the lowest responsible bid. Budget Impact: Funds are available in the following accounts: Capital Projects—Streets Account No. 307-1601-591.86- 00 in the amount of$379,445.00 and the Streets/Street Maintenance Projects EDC account 307-1601- 591.86-01 in the amount of$191,438.50. The total budget impact will be $570,883.50. "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 Recommendation: It is recommended that the City of Port Arthur City Council authorizes approval for the City Manager to execute an agreement on behalf of the City, a contract between the City of Port Arthur and LD Construction. P.R. 20602 12/10/2018 mje Page 1 of 4 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN LD CONSTRUCTION OF BEAUMONT, TEXAS AND THE CITY OF PORT ARTHUR, TEXAS FOR THE RECLAMATION AND ROAD RESURFACING PROJECTS FOR MARSHALL AVENUE (10TH STREET SOUTH TO GULFWAY DRIVE NORTH); 6TH STREET (WILLIAMS AVE. WEST TO DUFF DRIVE EAST); 42ND STREET (9TH AVENUE WEST TO WENTWORTH AVENUE EAST); 3RD AVENUE (32ND STREET SOUTH TO 36TH STREET); AND 64TH STREET (GARNETT AVENUE WEST TO W. PORT ARTHUR ROAD EAST); FUNDING IS AVAILABLE IN CAPITAL PROJECTS-STREETS ACCOUNT NO. 307- 1601-591.86-00 IN THE AMOUNT OF $379,445.00 AND THE STREETS/STREET MAINTENANCE PROJECTS EDC ACCOUNT 307- 1601-591.86-01 IN THE AMOUNT OF $191,438.50, WITH A TOTAL CONTRACT PRICE OF $570,883.50. WHEREAS, the City of Port Arthur deems it necessary to repair and restore the failing streets; and WHEREAS, bids were advertised for the Reclamation and Road Resurfacing Projects for Marshall Avenue (10TH Street South to Gulfway Drive North); 6TH Street (Williams Avenue West to Duff Drive East); 42ND Street (9TH Avenue West to Wentworth Avenue East); 3RD Avenue (32ND Street South to 36th Street); and 64TH Street (Garnett Avenue to West Port Arthur Road East); on November 9, 2018 for the first advertising and November 16, 2018 for the second advertising; and, WHEREAS, three bids were received and opened on November 21, 2018 for the above referenced project (See Exhibit "A"); and, WHEREAS, LD Construction of Beaumont, Texas has submitted the lowest responsive bid and is the recommended contractor in the amount of $570,883.50, and P.R. 20602 12/10/2018 mje Page 2 of 3 has been evaluated by the staff of the Engineering Department of Public Works; 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 Council of the City of Port Arthur hereby awards the bid for the Reclamation and Road Resurfacing Project to LD Construction of Beaumont, Texas for the amount of $570,883.50 as shown on Exhibit "A" attached hereto; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, a contract between the City of Port Arthur and LD Construction of Beaumont, Texas with a total projected budgetary impact of $570,883.50 for the Reclamation Resurfacing Project; in substantially the same form attached hereto as Exhibit "B"; and THAT, a copy of the caption of this Resolution No. 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: P.R.20602 12/10/2018 mje Page 3 of 3 Derrick Ford Freeman Mayor Attest: City Secretary Sherri Bellard APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: 17A)-€4;La Valecia Tizeno C Harvey Robinson City Attorney Interim City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 4! J YvV M Andrew asquez, PA Director of Finance Dr. Hani Tohme, P.E. Acting Director of Public Works (Aijh 61i/ Clifton illiams, CPPB Purchasing Manager EXHIBIT A :r V V CD "0 Nkr, N .--i 40 �, U rl 00 �n o zco � tCl.) czt oo0o o Ms • CC .-i ^� M �` a ° - r.rCy L. G ^o a kt — U cc co pa A 00 00 ds EA v3 4;... © © © © © ^• © © o in Itn C cl N 00 [- M O Yom! — ti N N 00 �. G/ �O ‘10 O �D 00 F� t.) LIn 0 y,,, - - ON M VI 6.. C {. = O „' • z E Q U = • E- A O ,� o QI N N M •- -- N C x uj G1 M \G to (6 a4 VI X fn. "0 0\ 4d �+ U a °' o rfc 00 o M �.y A + +F Nen N M N •• M R ISI ¢' C N U I+I U E o o W _ U = am c� x ai 00 00 00 00 66 as a v o fl. et U E L O co N 00 C N CAoo U o N Fii CI r-0 U) U) Qtr N Ili cet Q 0) O Q O) , E U G Cl- cu s. M m . X Ls o c a�3 E C g -13 a so z o o co d y al Ts C S 13 r.+ 70Zi 0O w U "a ` C 0 =I A sem. ..c et v 0 a, 'c 'ao ;L. C — ao in UO O W Q N M c Q C ci)Af �ca � Orz a - d - CONTRACT FOR RECLAMATION AND ROAD RESURFACING PROJECTS THIS AGREEMENT, made this day 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 LD Construction hereinafter called "CONTRACTOR". WITNESSETH: 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 Contract shall be twenty-eight days from the start date for each location. 2. The Contractor shall reclaim and resurface Marshall Avenue (10TH Street South to Gulfway Drive North); 6th Street (Williams Avenue West to Duff Drive East); 42nd Street (9th Avenue West to Wentworth Avenue East); 3rd Avenue (32nd Street South to 36th Street); and 64th Street (Garnett Avenue to West Port Arthur Road East) as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated below. ITEM# LOCATION TOTAL COST 1 Marshall Ave $159,616.00 2 6th Street $51,612.00 42nd Street& 3rd 3 Ave $161,028.00 4 64th Street $198,627.50 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 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 hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of 2018 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2018 ATTEST LD CONSTRUCTION BY CITY SECRETARY PRINT NAME: TITLE: C;nol 9� ' CITY OF PORT ARTHUR,TEXAS ort rthu ADDENDUM NO. ONE (1) stir November 21, 2018 Quotes For:Reclamation of Road Resurfacing The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Attached are the specific conditions for ail the Streets 2. Attached are the revised Cost Breakdown Pages for each street(Pages 8-11). If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clift n Williams, CPPB • Purchasing Manager ffi1i/1i zein Signature Proposer Date DERRICK FORD FREEMAN,MAYOR J HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of ` INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR ort r t h ttc .� CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK JUNE 16,2018 INVITATION TO BID RECLAMATION ROAD RESURFACING DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 28, 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, November 28, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P19-013 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 he directed in writing to: City of Port Arthur,TX Clifton Williams, 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 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 '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 22 SUBMIT THE FOLLOWING WITH BID A. BID SHEETS -PAGE 7. B. COST BREAKDOWN- PAGES 8-11. C. NON-COLLUSION AFFIDAVIT- PAGE 12 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 13 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 14 & 15 F. CHAPTER 2252 CERTIFICATION-PAGE 16 G. HOUSE BILL 89 VERIFICATION-PAGE 17 Page 4 of 22 REQUEST FOR BIDS RECLAMATION ROAD RESURFACING CITY OF PORT ARTHUR Scope The City of Port Arthur(City) is seeking a Contractor to provide reclamation road resurfacing services. The City has identified Marshall Ave. for this project: Bids Bids should include mobilization and demobilization of equipment. The contractor will arrange for trucking and disposal of debris. The Contractor shall provide equipment,tools, and materials and labor necessary to complete the project. All projects will begin within the same time period. If contractor wins more than one location, the contractor must have the ability to begin all the projects at the same time. If the contractor is unable to complete more than one location before the date required, the contractor can chose which location to keep and the City can award the additional locations to the next lowest contractor. Notice to Proceed Work shall commence within 72 hours of receiving the Notice to Proceed and will proceed in a timely manner without delays except in the case of inclement weather. Work Completion and Liquidated Damages Work shall be completed with 28 consecutive calendar days or less as specified in the Notice to Proceed. And the liquidated damages will be$500.00 per day for everyday the work is not completed after the 28 calendar days have passed. Marshall Ave. is 2606'/0.49 mile. From 10th Street (south) to Gulfway Drive (north), the Contractor will mix and reclaim the 5 inches of the base with the existing asphalt. Roll down the base with a steel wheel roller to achieve compaction. Grade the base to provide a minimum of 2% crown along the center of the road. Asphalts, oils, and emulsions shall meet all requirements per TxDOT "Standard Specification for Construction" Item 300. Prime Coat will be 0.20 Gal/SY and let heal for 24 hours. Resurface the road with 2 inches of Hot Mix Asphalt Concrete Type D. 6th Street is 3400'/0.64 mile. From Brazos Ave. (west) to Duff Dr. (east), the Contractor will mix and reclaim the 5 inches of the base with the existing asphalt. Roll down the base with a steel wheel roller to achieve compaction. Grade the base to provide a minimum of 2% crown along the center of the road. Asphalts, oils, and emulsions shall meet all requirements per TxDOT "Standard Specification for Construction" Item 300. Prime Coat will be 0.20 Gal/SY and let heal for 24 hours. Resurface the road with 2 inches of Hot Mix Asphalt Concrete Type D. Page 5 of 22 42"d Street is 930'/0.18 mile. From 9th Ave. (west) to Wentworth (east), the Contractor will mix and reclaim the 5 inches of the base with the existing asphalt. Roll down the base with a steel wheel roller to achieve compaction. Grade the base to provide a minimum of 2%crown along the center of the road. Asphalts, oils, and emulsions shall meet all requirements per TxDOT "Standard Specification for Construction" Item 300. Prime Coat will be 0.20 Gal/SY and let heal for 24 hours. Resurface the road with 2 inches of Hot Mix Asphalt Concrete Type D. 3`d Ave. is 1289'/0.24 mile. From 32i1 Street (south) to 36th Street, the Contractor will mix and reclaim the 4 inches of the base with the existing asphalt. Roll down the base with a steel wheel roller to achieve compaction. Grade the base to provide a minimum of 2% crown along the center of the road. Asphalts, oils, and emulsions shall meet all requirements per TxDOT "Standard Specification for Construction" Item 300. Prime Coat will be 0.20 Gal/SY and let heal for 24 hours. Resurface the road with 2 inches of Hot Mix Asphalt Concrete Type D. 64th Street is 3401'/0.64 mile. From Garnett (west) to W. Port Arthur Rd. (east), the Contractor will mix and reclaim the 6 inches of the base with the existing asphalt. Roll down the base with a steel wheel roller to achieve compaction. Grade the base to provide a minimum of 2% crown along the center of the road. Asphalts, oils, and emulsions shall meet all requirements per TxDOT "Standard Specification for Construction" Item 300. Prime Coat will be 0.20 Gal/SY and let heal for 24 hours. Resurface the road with 2 inches of Hot Mix Asphalt Concrete Type D. Page 6 of 22 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Reclamation of Road Resurfacing BID DUE DATE: November 28.2018 Delivered Picked up Item Description F.O.B Worksite at Plant ITEM# LOCATION DAY TO COMPLETE TOTAL COST 1 Marshall Ave 28 s /5.9/ G/Z. , GD 2 6th Street 28 S 5/i 6 /Z. , DD 3 42nd Street& 3rd Ave 28 S /(// , CO 4 64`" Street 28 S �/, /Q 2, J 5 TOTAL 28 $ /f, 3J.,_ ) 4 j a&e/-e_ - /q l!?thv,lzi7/64ol COMPANY NAME STREET ADDRESS )7--'t !"/I/,C% 91-/ SIGNATURE F BIDDER 7/ A &7L_ m5 i 7 7776 7 PRINT OR TYPE NAME CITY STATE ZIP RdW:9a— //aq- g 7j 7 TITLE AREA CODE TELEPHONE NO 1pyi lidakOraa6m1maiLean ,z7,4 9_ -- 2-114/7 EMAIL FAX NO. Page 7 of 22 • • COST BREAKDOWN MARSHALL AVENUE , ItemUnit of Unit Price Item No. Description Quantity Measure Code 500 6001 Mobilization 1 LS $ 47(C DO 251 003 Reclamation,4"-5" 8624 SY $ Al . CC ' 112 6001 Road Grader Work(ORD Comp) 2606 LF $ S,60 310 6001 Prime Coat(Multi Option) 1725 GAL $ �o, CO 341 6042 2 inch Not Mix Asphalt Concrete(Type D) . 8624 SY $ /o , '7 J 465 001 Manholes Cover Adjustments 0 EA $ 6 --' 465 002 Water Valve Cover Adjustments 0 1 EA $ — C 506 001 Inlet Protectors(BMP`s) 19 EA $ /00 . 00 • 502 6001 , Barricades,Signs and Traffic Handling 1 EA $ 25 GO,CO Signature Date Page 8 of 22 COST BREAKDOWN 6TH STREET item I Unit of Unit Price Item No. Description Quantity Measure Code 500 6001 Mobilization 1 LS $ ' Z /,', DD 251 003 Reclamation,4"-5" 2271 SY $ j:DO 112 ' 6001 Road Grader Work(ORD Comp) 730 LF $ 4/,DO 310 6001 Prime Coat(Multi Option) _ 455 GAL $ '7, no 341 6042 2 inch Hot Mix Asphalt Concrete(Type D) 2271 SY $ /L 1 DO 4 J 465 001 Manholes Cover Adjustments 0 EA $ 465 002 Water Valve Cover Adjustments ' 0 EA $ 506 001 Inlet Protectors(BMP's) 4 EA $ / Ot DO 502 6001 Barricades,Signs and Traffic Handling 1 EA $ 2,5— , `//lir /f/ 4/x26Ze/g Signature Date Page 9 of 22 COST BREAKDOWN , 4f'Street ' 1 Unit of I} 1 Item Description Measure Unit Price Item No. Code I Quantity 500 6001 Mobilization 1 LS $ J)D©,DD 1 251 1 003 Reclamation,4" -5" 2975 SY $ /5,60,_ c�1� 112 6001 1 Road Grader Work(ORD Comp) 930 LF $ 4,Dd , 310 6001 Prime Coat(Multi Option) 595 GAL $ 7,00 341 6042 2 inch Hot Mix Asphalt Concrete(Type D) 2975 SY $ /2., D° 465 001 \ Manholes Cover Adjustments 2 EA $ /50, 465 002 Water Valve Cover Adjustments 0 EA $ '' 0 506 001 Inlet Protectors(BMP's) 3 EA $ /DC,f7O 502 6001 1 Barricades,Signs and Traffic Handling I EA $ 2,5GO,Co COST BREAKDOWN 3'd Avenue ItemUnit of Unit Price Item No. Code Description • Quantity Measure 500 6001 Mobilization i 1 LS $ 7OGz-no 251 003 Reclamation,4" -5" 4305 SY $ 5;CD 112 6001 Road Grader Work(ORD Comp) 1289 LF $ DO 310 6001 Prime Coat(Multi Option) 861 GAL $ 7,Od 341 6042 2 inch Hot Mix Asphalt Concrete(Type D) 4305 SY $ /2 ie:7' 465 001 Manholes Cover Adjustments 2 EA $ /.5 9, 465 002 Water Valve Cover Adjustments 0 EA $ — U 506 I 001 Inlet Protectors(BMP's) 3 EA $ /c ,Z-s6 502 1 6001 Barricades, Signs and Traffic Handling 1 EA $ Z566/6'6'. C--).>, (7- --I---2------ kni/X-itie'Z Z_WZW25) , Signature Date Page 10 of 22 COST BREAKDOWN 64th Street itemUnit of Unit Price Item No. Description Quantity Measure Code 500 6001 Mobilization l LS $ /5/,eati,DO 251 003 Reclamation,4"- 5" 10971 SY $ 4, 4 6 112 6001 Road Grader Work(ORD Comp) 3401 LF $ .5, DD 310. 6001 Prime Coat(Multi Option) 2195 GAL $ . GO 341 6042 2 inch Hot Mix Asphalt Concrete(Type D) 10971 SY $ /6, .�0 465 001 Manholes Cover Adjustments I EA $ /50, D 465 002 Water Valve Cover Adjustments 4 EA $ /..J,6, Da 506 001 Inlet Protectors(BMP's) 4 EA S /GD, DO 502 6001 Barricades,Signs and Traffic Handling 1 EA $ 5'c'd 1 / VlZ)-P/-/jL4!/L Lc j LD/�' Signature Date Page 11 of 22 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: TN/ ad7c____ Title: #ialL7 Company: ,L() deVLSfrz/t/GL Date: ft/9ri/n.fii"tt/ 1D/8 4,0SUBSCRIBED and sworn to before me the undersigned authority by A_ the����QQ 'of,C!�3/Ilreftrri,L behalf of said bidder. `'�'`-F -. vicKi LYTLE Notary Publi and for the MyNo ID#1060247 State of Texas + `�\;�+' Expires ay 29,2021 My commission expires: 65/2 /2CZ/ Pace 12 of 22 :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: VI 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. • LLQ &<7/ a"A fforge z S3, Zeig Firm 1\a e Date / a .Lr Authorized Signature Title 4/z9- - 'l26 Name (pl ase print) Telephone -7171/ CIG71jf/UC7od77 Com` gfila /• &7//7 Email STATE: 7i COUNTY: df_ SUBSCRIBED AND SWORN to before me by the above named //L� � on this the 261* day of /JIQJJd/IZ•el , 20 /8 . s e:.°v •., VICKI LYTLE !" < grig75" *= My Notary ID#1060247 Notary Public) ', ;. q�*,= Expires May 29,2021 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 13 of 22 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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 bu iness relationship with local governmental entity. /A 2-i 1 A 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.) J 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(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and 13 for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes 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 No .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. J nCheck 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). c.....) ..)?p-2_,..,..__ ilti/Ve-A071A1 /6/g Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130(2015 Page 14 of 22 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs!LGlhtmfLG.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't 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 data the officer becomes aware that: (1) 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(3)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)(8),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 fi:ed 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 (S) 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 dale 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 rrrrri.ethis.srate.tx.us Rcwised 11:302015 Page 15 of22 SB 252 CHAPTER 2252 CERTIFICATION �i iL'.aC/G, 2 the undersigned an representative of Le) &`71 •7 et/UZL (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative(Print) ())-).-7 Signature of Company Representative /110z t '16/&1 ' Date Page 16 of 22 House Bill 89 Verification I, //z/2, '7L- (Person name), the undersigned representative (hereafter referred to as "Representative") of &72, (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. C))--1-3 SIGNATURE Or REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ZE,0 day of Naiti M , 20 /, . nie/ A'7/ Notary Publi VICKI LYTLE '•: 'j, '4 My Notary ID#1060247 V;;;;,•by k•Zt7 Expires May 29,2021 Page 17 of 22 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 18 of 22 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.: Public Works 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 19 of 22 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 20 of 22 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 21 of 22 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. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 22 of 22