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HomeMy WebLinkAboutPR 20607: ONE YEAR CONTRACT WITH MARTIN ASPHALT CO. City of ort rthu= Texas INTEROFFICE MEMORANDUM Public Works Department — Administrative Division Date: December 7, 2018 To: Harvey Robinson, Interim City Manager From: Hani Tohme,Acting Public Works Director RE: P. R.No. 20607 Introduction: Authorize a one year contract with the option to renew for two additional one year periods with Martin Asphalt Co. of Houston, Texas. This contract will have a projected budgetary impact of$100,000. Background: This is an annual contract for the purchase of asphalt, oil and emulsions that will be used by the Streets Division for maintenance and construction. We received bids from three vendors, with Martin Asphalt as the only vendor that meets our criteria for pick up distance. Both of the other vendors exceed the distance of 50 miles to their supply facilities as required in the specifications, and all vendors minimum delivery amount exceed our maximum delivery of 1,000 gallons as specified in the bid package. The primary purchase of these materials will be by City trucks with pickup at Martin's Port Neches facility. Budget Impact: The projected budgetary impact is estimated at $100,000. Funds are provided in account nos. Public Works - Streets Division- Streets Maintenance - 001-1203-531.36-00, Capital Improvement Fund - Capital Projects- Streets- 307-1601-591.86-00. Recommendation: Approve the first year, with two additional one year periods, for the purchase of asphalt, oil, and emulsion with Martin Asphalt, Co. /aw AM,.,. "The vocation of Public Works is to serve the Public" P.R.20607 12/07/18 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST YEAR OF A CONTRACT WITH MARTIN ASPHALT COMPANY OF HOUSTON, TEXAS, FOR THE PURCHASE OF ASPHALT, OIL, EMULSIONS, WITH A PROJECTED BUDJETARY IMPACT OF $100,000. FUNDS ARE PROVIDED IN ACCOUNT NOS. 001-1203-531.36-00 — PUBLIC WORKS DEPARTMENT STREETS DIVISION — STREETS MAINTENANCE AND CAPITAL IMPROVEMENT FUND—CAPITAL PROJECTS—STREETS—307-1601- 591.86-00. WHEREAS, Purchasing advertised in the Port Arthur News for the annual supply contract for the purchase of asphalt, oil and emulsions; and, WHEREAS, three bids were received and opened on November 21, 2018 for the above reference materials, attached as Exhibit "A" and have been evaluated by Public Works and Purchasing; and, WHEREAS, the bid from Martin Asphalt Company of Houston, Texas, was the only one meeting the specifications, and the only vendor available for pickup by City trucks; 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, the first year of a contract between the City of Port Arthur and Martin Asphalt Company, of Houston, Texas, with a projected budgetary impact of $100,000 for the purchase of asphalt, oil, and emulsions with the option of renewal for two additional one year periods, in substantially the same form as attached hereto as Exhibit"B"; and, P.R.20607 12/07/18 aw THAT,the purchase of these materials will be by picked up from the Port Neches facility by City trucks; and, THAT, funding for these materials is provided for in account numbers Public Works Department - Streets Division - Streets Maintenance — 001-1203-531.36-00 and Capital Improvement Fund—Capital Projects—Streets—307-1601-5941.86-00; and, 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. 2019 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Councilmembers: Noes: Mayor ATTEST: APPROVED AS TO FORM: ` Sherri Bellard Valecia izen City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Harvey Robinson Andrew Vasquez Interim City Manager Director of Finance Hani Tohme Clift n Williams Acting Director of Public Works Purchasing Manager P.R.20607 12/07/18 aw Exhibit A • <,o.r =- ,.Q CITY OF PORT ARTHUR TEXAS 'I;' `ilkBid Tabulation orf rrku Asphalt,Oil & Emulsions i '. Bid Opening Location: City Hall 5th Floor Council Bid Opening Date: November 21,2018 Name of Bidder Martin Asphalt Company *P2 Emulsions Cleveland Asphalt Products,Inc Delivered Delivered F.O.B. Picked up Delivered F.O.B. Picked up F.O.B. Picked up Item Description UOM Worksite at Plant Worksite at Plant Worksite at Plant 1 CRS-2 gal $2.11 $2.00 $2.99* $2.74* $2.08 $1.95 2 SS-1 gal $2.06 S1.95 $2.69* $2.44* $2.08 $1.95 3 CRS-2P gal $2.41 $2.30 No Bid No Bid $2.53 $2.40 4 AE-P gal $2.36 $2.25 No Bid No Bid $2.33 $2.20 Plant Location Houston,TX Elm Mott,TX Shepherd,TX *Alternative Product:CWE-2,P2 Stabilizer Yolanda Scyp(on-Cort?eatix 11/30/18 Yolanda Scypion-Goudeaux,Purchasing Assistant Date P.R.20607 12/07/18 aw Exhibit B CONTRACT FOR ASPHALT, OIL, & EMULSION THIS AGREEMENT, made this day of , 2019, 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 Asphalt Company, a(n)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 Agreement shall be for one (1) year from the date stated on the Notice to Proceed, with an option to renew for two (2) additional one-year periods, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen(15) days written notice. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contract in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and Contract Documents and to comply with the terms therein for the prices stated in the contract documents. 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Bidder's Information Sheet 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties 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 above written. Signed on the day of 2019. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Harvey Robinson Interim City Manager Signed on the day of 2019. WITNESSED: MARTIN ASPHALT COMPANY BY Print Name: Print Name: Title: 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. /i r t r t it a r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK JUNE 16,2018 INVITATION TO BID ASPHALT, OIL,AND EMULSIONS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 21, 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 21, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-006 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 writinL to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.wi I I iams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street l Port Arthur,Texas 776411 409.983.8160 l 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. Chotaw, aAliaz.0w- Clifton Williams, CPPB Purchasing Manager Page 2 of 16 INVITATION TO BID ASPHALT, OIL,AND EMULSIONS (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 onl\ 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 16 SPECIFICATIONS ASPHALT, OIL, & EMULSIONS DESCRIPTION OF CONTRACT Contractor must agree to enter into a contract with the City of Port Arthur to supply CRS-2, SS-1, CRS-2P, and AEP materials. CONTRACT TERM: The City reserves the right to award this bid by item or award all items. This Contract will be one year with the option to renew for two additional one-year periods. DELIVERY A. If the awarded vendor can't deliver the product in the time needed, the City has the right to contact another vendor to deliver the product. B. Pick up at plant of items 1-4 on bid proposal page will be limited to plants located within 50 miles travel distance of the City of Port Arthur. C. Delivery of items 1-4 on bid proposal page will be based on 1,000 gallon max volume per delivery. D. Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. E. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. F. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. MATERIAL STANDARDS A. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. B. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and provide test verification on request to the City. C. This material provided for under this item shall comply with Texas Department of Transportation Standard Specifications for Construction of Highway, Streets and Bridges, Item 300, "Asphalts, Oils, and Emulsions". D. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring Equipment". E. Measurement of material shall be by applicable units per various items as set out in the bid schedule. F. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. Page 4 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Asphalt, Oil, & Emulsions BID DUE DATE: November 21,2018 Delivered Picked up Item Description F.O.B Worksite at Plant 1. CRS-2 $2.i I /gal $2.00/gal 2. SS-1 $7.( *gal $) • (5/gal 3. CRS-2P $2) I/gal $2. 0/gal 4. AE-P $_2_, /gal S2.25-/gal ,Ma rkihrikuynpo3 a utrbt) I2G o COMPANY NAME U STREET ADDRESS,) SIGNAT E OF BIDDER P.O. BOX V tthditrr 4 MO ThdlAdM -1k -7-)01/) PRINT OR TYPE NAME CITY STATE ZIP &A liW 124)4V6fith Ve) 1 1 -)D - 6-0- CA6— TITLE AREA CODE TELEPHONE NO V[Gtol . i no E 1YiG r44 if. corn 1 ( 'D - 3 o •-a,80 I EMAIL FAX NO. Page 5 of 16 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: \J tcha Title: s 1 . / n•f-a l vt Company: Ma On 4.Ih( span. Date: I — 1 Db . 1 SUBSCRIBED and sworn to before me the undersigned authority by the !(p 'of,Phlaktibn behalf of said bidder. Not Publi n and for the �•; STEPHANIE AGUIRRE State of Texas _°•1107,54N. c t •`�k Notary Public.Stole of Texos LV My Commission Expires I� / 4f..r;`' September 17, 2019 �(,/Yttix.4 My commission expires: _/ 7/ Page 6 of 16 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.undersigneddeoffers and agrees to one of the following: v 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. NathnAphfinprj /Io/ 1? Firm Name Da e k0 lot,(k) etp Authori ed Sign re Title id--ot t 1 n D "113 -350 5 a Name(please print) Telephone v ( JO' (,14-0 I n o@LF. LYY6,Email °: «"'; STEPHANIE AGUIRRE STATE: ted► Nolary Public,State of texas .-•-,T&4 My Commission Expires ,�n ,,M %:;�'r'��,•` September 17. 2019 COUNTY: -*2\I SUBSCRIBED AND SWORN to before me by the above named Vj d-Dr 1& Esp I n p on this the IL`Th day of)(tow')be1° , 20 /9 . Not Pub i RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 7 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changos mado to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This quostionnaire 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 Ibis 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 fled. See Section 176.006(a-1). Local Government Code. A vendor commits an offense it 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 relati nship with local governmental entity. ) til\-- , J �n t'v 1 Check this box if you are filing an pdate to a previously filed questionnaire.(The law requires that you file an updated f ' 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 i ing disclosed. ti /4"--- Name of Officer Ai 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. /\//k 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? n Yes n No k 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? NilA n Yes No J 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. 11 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). J /J sth ..A— Signature of vendor doing business the governmental entity Date Form provided by Texas Ethics Commission www ethics.state.tx us Revised 11/30/2015 Page 8of16 SB 252 CHAPTER 2252 CERTIFICATION I, V 1the,tn W(}L the undersignedan representative resentative P of &th n 1,G) \ill 1 r )(/lr (Company or Business Namh) 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. v�Ci01,9,UN D\ O Name of Company Representative(Print) Signature of mpany Representative t \ ca6N Date Page 10 of 16 • House Bill 89 Verification I, V t `JKD (Person name), the undersigned representative (hereafter refe red to as "Representative") of Cur\ AspKat c , (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 REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I (o day of N pvbcA • , 20 I°1 . SIEPHANIE AGUiRRE Notoiy Public.State of Texas My Commission Expires September 17, 2019 Notary P is 4941LUI Page 1 1 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 12 of 16 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 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 13 of 16 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 prevai I. 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 14 of 16 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 15 of 16 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 16 of 16