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HomeMy WebLinkAboutPR 21212: CONTRACT WITH DEZTEX INDUSTRIAL SERVICES, LLC AND MID COUNTY LAND COMPANY, LTD 4 City of ' , ort rthu Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: December 10, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, Director of Public Works RE: P. R.No. 21212 Introduction: Approval of Proposed Resolution No. 21212 authorizing a three (3) month contract ending April 17, 2020 with Deztex Industrial Services, LLC of Beaumont, Texas and Mid County Land Company, LTD of Port Arthur, Texas, for the excavating and hauling materials. This service will be provided on an as needed basis. Background: This contract is for excavating and hauling materials for the Public Works Department and other City departments. Historically the City Landfill, Streets Division, and Parks Departments have been the major users of this service. Where we received bids from multiple vendors for a particular material, purchase of that material will be based on the price first, then availability when necessary. These bids were reviewed by staff and are considered to be the fair market value for this service and in line with past costs. The contractor is not guaranteed any minimum amount of work under this contract. Budget Impact: Funding is available for a not to exceed amount of$150,000.00 in account no. 403-1274- 533.59-02—Public Works Landfill—Landfill Construction and account no. 001-1203-531.36- 00—Public Works Streets—Streets Maintenance. "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 __ 4 City of tliOrt rtltri Tesco www.PortArthurTx.gov Recommendation: It is recommended that City Council authorize the City Manager to approve P. R. No. 21212, as discussed and/or outline above. law "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. 21212 12/10/19 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-MONTH CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND DEZTEX INDUSTRIAL SERVICES, LLC OF PORT ARTHUR,TEXAS AND MID COUNTY LAND COMPANY,LTD OF PORT ARTHUR,TEXAS,FOR EXCAVATING AND HAULING OF MATERIALS IN THE NOT-TO-EXCEED AMOUNT OF $150,000.00 FUNDS ARE AVAILABLE IN 403-1274-533.59-02, PUBLIC WORKS LANDFILL- LANDFILL CONSTRUCTION AND 001-1203-531.36-00—PUBLIC WORKS DEPARTMENT—STREET MAINTENANCE WHEREAS, the City requires the services of a contractor to provide for excavating and hauling of materials for various projects within different departments; and, WHEREAS,on November 8th and 15th 2019 the City advertised for bids in the Port Arthur News for excavating&hauling of materials; and, WHEREAS, two bids were received and opened on November 22, 2019 for the above referenced material and have been evaluated by staff as shown in the tabulation attached as Exhibit "A"; and WHEREAS, Mid County Land Company, Ltd. is the primary vendor for the following: Delivered within the City of Port Arthur Items Unit Cost 60/40 $13.50/cy Top Soil $20.00/cy Picked up at Plant Location Items Unit Cost 60/40 $5.50/cy Clay $3.75/cy WHEREAS, Mid County Land Company is the secondary vendor on B.4 Top Soil; and P. R. 21212 12/10/19 aw WHEREAS, Deztex Industrial Services, LLC is the primary vendor for the following: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $20.00/cy Clay $16.50/cy Top Soil $20.00/cy Picked up at Plant Location Items Unit Cost Fill Sand $9.00/cy Top Soil $9.00/cy Hauling Materials—Full Load Items Unit Cost Limestone $12.50/ton HMAC Type Material $20.25/ton Cement Stabilized Sand $20.25/ton Concrete Debris $15.75/ton Hauling Materials — Partial Load Items Unit Cost Limestone $18.75/ton HMAC Type Material $30.38/ton Cement Stabilized Sand $30.38/ton Concrete Debris $23.63/ton WHEREAS, Deztex Industrial Services, LLC is the secondary vendor on A.2 60/40, B.2 60/40, and B.3. Clay; and WHEREAS,the City received identical bids for Item A.4 Top Soil from both bidders;and, WHEREAS, Section 271.901, Texas Local Government Code states that a municipality will pick the lowest bidder by casting of lots; 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. THAT, in the presence of the governing body, and in a manner prescribed by the mayor, lots were cast and was selected as the lowest and most responsive bidder P. R. 21212 12/10/19 aw (first choice),and rendering as the alternative choice for bid item A.4.Top Soil; and, THAT, the City Manager is hereby authorized to execute a three-month contract for excavating and hauling of materials in the not-to-exceed amount of$150,000, with Mid County Land Company, Ltd Port Arthur, Texas as primary vendor as stated above, in substantially the same form as attached as Exhibit "B", and Deztex Industrial Services, LLC Port Arthur, Texas as primary vendor as stated above, in substantially the same form as attached as Exhibit"C", and, THAT, funding is available in accounts 403-1274-533.59-02. Public Works Landfill — Landfill Construction and 001-1203-531.36-00—Public Works Streets—Street Maintenance; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of , A.D. 2020 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmember: NOES: Mayor ATTEST: Sherri Bellard City Secretary P. R. 21212 12/10/19 aw APPROVED AS 7 FORM: Valecia Ti 'no / City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: CiA _tn Ron Burton Kandy Dan' 1 City Manager Director of Finance Alberto Elefano Clifto Williams, CPPB Director of Public Works Purchasing Manager P.R.21212 12/10/19 aw Exhibit "A" C. Ar. `l ��°, 7 C7 A W N (5 A W N W A W N a i • o • `4 ,' P v nnci-n nnnn noon p c_ ke kc •e Le ke ke kg k kc ke ke 3 -.....t.-=.-__ a• - _ _ :. - - x i o � � o n = r y o n g b - n '$'� > r Uh1U1i bco, 1:3 g ,. 8 p o a a8 " ria co o o. c � �' a CA A � ng � 3 a AI _' C: A < a a. `: 0 r a c � ., m 0. 9' 1. r A �° e s. m "� '' v. 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P.R.21212 12/10/19 aw Excavating and Hauling of Materials Item UOM Description Bid Primary Secondary # Amount Vendor Vendor A Delivered within the City of Port Arthur 1 CY Fill Sand $20.00 Deztex n/a 2 CY 60/40 $13.50 Mid County Deztex 3 CY Clay $16.50 Deztex n/a 4 CY Top Soil $20.00 Tied Tied B Picked up at plant location 1 CY Fill Sand $9.00 Deztex n/a 2 CY 60/40 $5.50 Mid County Deztex 3 CY Clay $3.75 Mid County Deztex 4 CY Top Soil $9.00 Deztex Mid County C Hauling of Materials (loads)— full load 1 CY Limestone $12.50 Deztex n/a 2 CY HMAC type material $20.25 Deztex n/a 3 CY Cement Stabilized Sand $20.25 Deztex n/a 4 CY Concrete Debris $15.75 Deztex n/a Hauling of Materials (loads)— partial load 1 CY Limestone $18.75 Deztex n/a 2 CY HMAC type material $30.38 Deztex n/a 3 CY Cement Stabilized Sand $30.38 Deztex n/a 4 CY Concrete Debris $23.63 Deztex n/a Equipment and drivers/operators 24-72 hours 30 Minutes or will be made available 1 hr. D Hourly charge for waiting time for $100/hr. n/a pick-up or delivery P.R.21212 12/10/19 aw Exhibit "B" P.R.21212 12/10/19 aw CONTRACT FOR EXCAVATING AND HAULING SOIL MATERIALS THIS AGREEMENT, made this the 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 Mid County Land Company,LTD, hereinafter called"CONTRACTOR". WITENSSED: 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 for a three-month period from the date stated on the Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with 30 days written notice given to contractor. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost 60/40 $13.50/cy Top Soil $20.00/cy Picked up at Plant Location Items Unit Cost 60/40 $5.50/cy Clay $3.75/cy 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 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P.R.21212 12/10/19 aw 6. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2)copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur Mid County Land Company, LTD BY: BY: Ronald Burton Print Name: City Manager Title: THURMAN BILL BARTIE,MAYOR \\\'1,l�1fr,r//� RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of is L SHERRI BELLARD,TRMC Nue h RAYMOND SCOTT,JR. MOW ‘ CITY SECRETARY CAL J.JONES THOMAS J.KINLAW IIIn r t r t It u z VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas NOVEMBER 14,2019 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Friday, November 22, 2019. (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 Friday,November 22, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P20-11 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writi,,.: to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 444 4th Street! Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET- PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION-PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 19 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring Equipment". 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. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5 of 19 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need, the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass, TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. Page 6 of 19 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID FOR: Excavating & Hauling of Materials BID DUE DATE: November 22, 2019 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ Ai/i Cy 2 60/40 $ /3.50 CY 3 Clay $ NA 4 Top Soil $ eeo.00 Cy B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT Fill Sand $ JV//9 CY 2 60/40 $ •5.50 CY 3 Clay $ 3.175 CY 4 Top Soil $ i'.O U CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within 30 minutes or / hours. LOCATION OF PRIMARY BORROW PIT: '7�e fWJL/ 3(p5� b 11'705 LOCATION OR SECONDARY BORROW PIT: 4e/-4 ORI CPUC CIA ,biThh 17'7'7oS ///e0/i 4i Signature o Bidder Date Page 7 of 19 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ _AqA TON $ TON 2 HMAC type material $ /1//f} TON $ iV//9 TON 3 Cement Stabilized Sand $ N/l4 TON $ ,./l///'1 TON 4 Concrete Debris $ 104.q 3 TON $ '7(p. Q 3 TON Equipment and drivers/operators will be made available hours or days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: The City reserves the right to award the bid by class of work,or the entire bid to one (1)responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. Mk1Comiti ixwd Company 1-7-° gio/ da cthe COMPANY NAME STREET ADDRESS SI• T OF BIDDER P.O. BOX Bieo cK Kezn ?KLi p :7 -1Y `7rI(o-4v PRINT OR TYPE NAME CITY STATE ZIP pale 40 9 - 34) - iso 0 TITLE AREA CODE TELEPHONE NO /Y1 i d co lard J o.hi,/2-2t 40q- 173 Co -•2'���, EMAIL FAX NUMBER Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: I Printed Name: 6g00C VVLIWK, Title: parAtel Company: Mitt C01t1.44 Lana Company GTO Date: 1112-01101 SUBSCRIBED and sworn to before me by the above named .3I Dc._ 1 V 2ln on this the a t.)=- day of A 0 V k.wk�O Q_'(' , 20 1 9 . - .,.._ TABAT RMATH Notary Public in a d f.( ,e D NOTARY PUBLIC State of Texas rSTATE OF TEXAS MY COMM.EXP.07!21/2022 NOTARY ID#12578892.8 My commission expires: 71(9•1 Id R IMTHEWSON NOTARY PUBLIC $TATE OF TEXAS .;04.: MY CONN.EXP.0712112022 NOTARY M*12576892-6 Page 9 of 19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: J 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. raid Cour i LIVIA Cornpo r(4 Gr 0 Firm Name Date tr Author ,ed Signature P� � Title oleo cit S deA.now 40q-i81-2 02.91 Name (please print) Telephone Email STATE: i ,....x k S COUNTY: Te--t er56Yt SUBSCRIBED AND SWORN to before me by the above named 6r Off- S. U e('lbn on this the 0Z U day of fOdtArnb2f, 20 ) 9 . TABATI•(A R MATHEWSON �9"�~ NOTARY PUBLIC 1 ����� I. � �`�� ( , • STATE OF TEXAS Notary Public MY COMM.EXP 07!2112022 NOTARY ID#12578892.8 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCEUSE 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 b.tsiness day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J � � riCheck 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 filec questionnaire was incomplete or inaccurate.) J Name of local government officer about whom 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 CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than Investment income, from the vendor? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income is not received from the local governmental entity? Ti Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 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). Sign r of ve or ng business with the governmental entity ate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 19 House Bill 89 Verification 1, SieOCrC \ A/0 1P , (Person name), the undersigned representative (hereafter referred to as "Representative") of rri [ C t uYL I L J'1& Corny& LT-0 (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. SIG 1 A -E OF REPRESENTATIVE t.4, SUBSC IBED AND SWORN TO BEFORE ME, the undersigned authority, on this otD � day of i \o er , 20 l 9 . TABATKA R MM)EW9 i �'"" NOTARY PUBUC HQ„ STATE OF TEXAS v��l�i._ �y I °, = MY COMM.EXP.07/21/2022 Notary PU IIC NOTARY ID#125788928 Page 12 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, 8 O( dt&1O Y1. ,the undersigned an representative of rYla Court Land ()A/up QJ'u.( LT10 (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. aebctc Vekrw Name of Company Representative Primo. Signature of Company Representative 11)(2,0i lc) Date Page 13 of 19 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 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: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 14 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The 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. Page 15 of 19 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Landfill, 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. 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. Page 16 of 19 The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any Page 17 of 19 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. 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. Page 18 of 19 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 P.R.21212 12/10/19 aw Exhibit "C" P.R.21212 12/10/19 aw CONTRACT FOR EXCAVATING AND HAULING SOIL MATERIALS THIS AGREEMENT, made this the of , 2020, 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 Deztex Industrial Services, LLC, hereinafter called"CONTRACTOR". WITENSSED: 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 for a three-month period from the date stated on the Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with 30 days written notice given to contractor. 2. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies,tools equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $20.00/cy Clay $16.50/cy Top Soil $20.00/cy Picked up at Plant Location Items Unit Cost Fill Sand $9.00/cy Top Soil $9.00/cy Hauling Materials—Full Load Items Unit Cost Limestone $12.50/ton HMAC Type Material $20.25/ton Cement Stabilized Sand $20.25/ton Concrete Debris $15.75/ton Hauling Materials — Partial Load Items Unit Cost Limestone $18.75/ton HMAC Type Material $30.38/ton Cement Stabilized Sand $30.38/ton Concrete Debris $23.63/ton P.R.21212 12/10/19 aw 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 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 here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR City of Port Arthur Deztex Industrial Services, LLC BY: BY: Ronald Burton Print Name: City Manager Title: THURMAN BILL BARTIE,MAYOR \ l�/ RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM " CITY MANAGER COUNCIL MEMBERS: City of # _ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. , CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III rt r t r t It tt VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas NOVEMBER 14,2019 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Friday, November 22, 2019. (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 Friday,November 22, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P20-11 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 5 B. NON-COLLUSION AFFIDAVIT-PAGE 6 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 8 E. CHAPTER 2252 CERTIFICATION-PAGE 9 F. HOUSE BILL 89 VERIFICATION-PAGE 10 Page 4 of 19 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring Equipment". 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. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 5of19 CITY OF PORT ARTHUR,TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need,the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area. No up- charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass, TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. Page 6 of 19 IIPP CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Excavating &Hauling of Materials BID DUE DATE: November 22, 2019 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ ZO•le- CY 2 60/40 $ 15.54-' CY 3 Clay $ NA E12• -2 GY 4 Top Soil $ 2D. D CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ q, CY 2 60/40 $ '7.ie CY 3 Clay $ $. E° CY 4 Top Soil $ 9. c4"2 CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or 21 -115 hours. LOCATION OF PRIMARY BORROW PIT: 6Eacr Mgr- Pxr LOCATION OR SECONDARY BORROW PIT: DP t}'7 BORROW PIT Signat of Bidder Date Page 7 of 19 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ 12.E TON $ $.15 TON 2 HMAC type material $ 10.0. TON $ 30.5 TON 3 Cement Stabilized Sand $ 20,g TON $ 'fit?.' TON 4 Concrete Debris $ 15. TON $ 23, TON Equipment and drivers/operators will be made available 21f-72 hours or, ,fdays after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ WO /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: Thin The City reserves the right to award the bid by class of work, or the entire bid to one (1) responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. bE7 Ex T Dterla Z E tax, 105 TAM AVE+i y PbPT Agri/W.7Y?7fvWIo COMPANY NAME DBA RAvKTpc STREET ADDRESS 21397 SIG TURF OF BIDDER P.O. BOX 36122,FVQ Rt25S3W5 EMAiMOJr TX 77720 PRINT OR TYPE NAME CITY STATE ZIP 40/4. '9O 4s3-55.55 TITLE AREA CODE TELEPHONE NO ITIziaetivRez7n.t.Gvr'L EMAIL FAX NUMBER Page 8 of 19 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01 , et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: L%f � Printed Name: ThgtaAni 7265 Title: 444/144-4 /2 Company: DEv f [__ E5 L D RA*ir Date: ///2 e)// SUBSCRIBED and sworn to before me by the above named on this the 200: day of 4 v&YweiE2 , 20 0 . b_t Notary Public i and for the State of Texas My commission expires: 03 /7 'eft. °Om ANGEL LEE 1 !►�► Notary Public,State of Texas 1 N �v Comm. Expires 03-17-2021 t d f°F`E Notary ID#12501550-7 Page 9 of 19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: 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. tEzrE1� vvbrar , c7 .61 LL l>R4 RA-40-45c ///2.41/9 Firm Name Date Au9t orized Signature Title 7o9.-C/P/v 9 983- 555 Name(please print) Telephone 75R.4+wve.Qez e •ccnt. Email STATE: 73! COUNTY: Tr {t5o.v SUBSCRIBED AND SWORN to before me by the above named on this the 20th day of Aipic0696,2 , 20 /1 . 0070eige Notary PulAc RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL t �v.Nip ANGEL LEE 1 n Notaryric,State of Texas Comm.Expires 03-17-2021 1 1 ' oFtiE Notary 12501550-7 1 Page 10 of 19 1 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. A//A J l l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated l t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 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 B 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 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. N/4 flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). ?� ///A Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 11/30/2015 Page 11 of 19 House Ball 89 Verification ot24?.Mi goes (Person name), the undersigned representative (hereafter referred to as "Representative") of � prix Z Dtt - 42- 1J 9 (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. SIGNATU: OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2o day of A/Q✓tt2-042 , 20 /9. d , f, Notary Public ,001'1,-4. 1 - �,� Puna,Stats of Tem! 7 .V.0.0) comm,Expires 03-17-2021 1 Page 12 of 19 12501550-7 �a SB 252 CHAPTER 2252 CERTIFICATION I, TROW R ✓5 ,the undersigned an representative of DE,ztF c INDu5rR.r,4L SE�v Sy 4.-4- D&E Tic (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. 73RDer.) tents Name of Company Representative (Print) Signatu of Company Representative //lZ.al� Date Page 13 of 19 DezTex Industrial Services, LLC-dba Website:www.Deztex.com 111113KeetliktCompany Email:info@deztex.com 905 Jade Ave,Port Arthur,TX 77640 P.O.Box 21397,Beaumont,TX 77720 10:409-983-5555 IF :409-985-7762 November 22, 2019 ATTN: City of Port Arthur Port Arthur, TX Reference: City of Port Arthur-Excavation & Hauling of Materials BID CLARIFICATIONS Deztex Estimate# 19201 Scope Notes: 1. Plant upsets and other delays outside of RAMTEX's control are not included. 2. The specifications required regarding TXDOT spec's is too vague and further discussion with City of Port Arthur is required to confirm specifications of materials for clay,topsoil, 60/40, and sand can be met. 3. RAMTEX can agree to a one year contract;however an extended contract based on the Consumer Price Index for"Transportation" is not adequate for local industry/area dump truck pricing. Further discussion should be had with City of Port Arthur regarding this matter. 4. Partial loads shall be charged at a minimum of 6 TNS. Schedule Notes: 1. This proposal is based on standard operating hours Monday through Friday 8 a.m. to 4 p.m. 2. This proposal does not include working holidays. Contractual and Commercial Notes: 3. Taxes are not included in this proposal. 4. Labor, fuel and material prices subject to change with market conditions. 5. Payment shall be due within 30 days of invoice submittal. 6. RAMTEX reserves the right to negotiate contract terms and conditions. 7. This proposal shall remain valid for 60 days. After that time RAMTEX reserves the right to revise pricing and/or schedule. Thank you for the allowing our team to provide you with pricing for this project, and we look forward to working with you. Sincerely, Deztex Industrial Services LLC, DBA RAMTEX 409-983-5555 www.deztex.com ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Danette Prince Higginbotham Insurance Agency, Inc. PHONE FAX PO Box 1609 IA/C,No.Ext);409-736-7925 IA/c,No):409-721-9600 Nederland TX 77627 ADDRESS: dprince@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Company 24082 INSURED DEZTE INSURER B:Texas Mutual Insurance Company 22945 DezTex Industrial Services, LLC dba RAMTEX INSURER c:Mt Hawley Insurance Company 37974 905 West Jade Avenue INSURER D:The Travelers Lloyds Insurance Co 41262 Port Arthur TX 77640 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:484930370 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Y EXP LTR TYPE OF INSURANCE NSD SU o POLICY NUMBER (MM DDY/YYYY),(MMEFF IDD/ ) LIMITS C X COMMERCIAL GENERAL LIABILITY NRG0000497 4/17/2019 4/17/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $100,000 X 5000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT- X LOC PRODUCTS-COMP/OP AGG $2,000,000 _ OTHER: $ A AUTOMOBILE LIABILITY BAS2059742952 6/262019 6/26/2020 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-0WNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ C UMBRELLA LIAB X OCCUR NRX0000522 4/17/2019 4/17/2020 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 0001236480 4/17/2019 4/17/2020 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT S.1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Contractors Pollution NRG0000497 4/17/2019 4/17/2020 Each Occurrence 1,000,000 D Leased or Rented Equipment 8J9251L1TLC19 10/112019 10/11/2020 Aggregate 2,000.000 $500,000 R/L Limit Per Item DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) As required by written contract and subject to policy terms and conditions,General Liability policy provides Blanket Additional Insured (CG2010 10/01 &CG2037 10/01),Primary and Noncontributory(NCL307 0416)and Blanket Waiver of Subrogation(CG2404 0509); Business Auto policy provides blanket additional insured(AC8501 0618)and Blanket Waiver of Subrogation(AC8501 0618)Primary and Noncontributory (AC8501 0618);Workers Compensation policy provides Blanket Waiver of Subrogation(WC420304B).Umbrella Policy follows form General Liability,Business Automobile and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. "Sample Certificate" AUTHORIZED REPRESENTATIVE cgi.darcIC ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 14 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The 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. Page 15 of 19 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Landfill, 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. 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. Page 16 of 19 The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any Page 17 of 19 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. 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. Page 18 of 19 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19