HomeMy WebLinkAboutPR 21229: CONTRACT WITH O'ROURKE DIST. CO., FOR PETROLEUM OILS, AND LUBRICANTS f
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 21, 2020
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Yvonne Wesley, Parts Specialist
RE: P. R No. 21229
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to
enter into contract with O'Rourke Dist. Co. LLC of Houston Texas, for petroleum oil and
lubricants for Equipment Services.
Background:
Equipment Services maintains and repairs heavy equipment. Equipment Services require various
petroleum oil and lubricants to maintain the equipment and keep them running so departments are
able to service the citizens of Port Arthur. Due to are error with the specification, the staff is
requesting that the City Council reject the bids received for Diesel Exhaust Fluid and authorize the
Purchasing Department to obtain new quotes. Based on the estimated quantities, O'Rourke Dist.
Co. LLC of Houston Texas was the lowest and most responsible of the remainder of the items.
Budget Impact:
Funds will be provided in the 43 accounts of various departments.
Recommendation:
It is recommended that City Council authorize the City Manager to enter into a contract with
O'Rourke Dist. Co. LLC of Houston Texas for petroleum oil and lubricants for Equipment
Services.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R.No. 21229
02/21/2020 cew
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT BETWEEN THE CITY OF PORT
ARTHUR AND O'ROURKE DIST. CO., LLC OF HOUSTON,
TEXAS FOR PETROLEUM OILS, AND LUBRICANTS WITH A
PROJECTED ANNUAL BUDGETARY IMPACT OF $32,054.81;
FUNDING IS AVAILABLE IN VARIOUS DEPARTMENTAL
ACCOUNTS.
WHEREAS, five (5) bids were received and opened on October 30, 2019 for the above
referenced material and have been evaluated by Equipment Services and Purchasing, as shown in
the bid tabulation attached as Exhibit"A"; and,
WHEREAS, due to are error with the specification, the staff is requesting that the City
Council reject the bids received for Diesel Exhaust Fluid and obtain new quotes; and
WHEREAS, O'Rourke Dist. Co., LLC of Houston, Texas was the lowest and most
responsive bidder based on the estimated quantities for the year attached as Exhibit "B"; now
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Council authorizes the City Manager to enter into a one-year contract,
with the option to renew for two additional one-year periods, between the City of Port Arthur and
O'Rourke Dist. Co., LLC of Houston, Texas, in substantially the same form as attached hereto as
Exhibit"C"; and,
THAT,the City Council rejects the bids received for Diesel Exhaust Fluid and authorizes
the Purchasing Department to obtain new quotes; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P. R.No. 21229
02/21/2020 cew
READ, ADOPTED, AND APPROVED this the day of , A.D. 2020 at
a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartie
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY
OF FUNDS:
<il/`-
Ronald Burton Kandy Dani s
City Manager Interim Director of Finance
Pamela Langford Clifton illiams
Director of Development Services Purchasing Manager
P. R.No. 21229
02/21/2020 cew
Exhibit "A"
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02/21/2020 cew
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P. R.No. 21229
02/21/2020 cew
Exhibit " C"
CONTRACT FOR PETROLEUM OIL & LUBRICANTS
THIS AGREEMENT, made this day 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 O'Rourke
Dist. Co., LLC 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. This contract shall be one year from the date stated on the Notice to Proceed. This
contract has the option to renew for two additional one-year periods. 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 thirty(30) days written notice.
2. The Contractor will perform work as stated in the Contract Documents.
3. During the term of this Contract, the Contractor will furnish at his own expense all of
the materials, supplies, tools, equipment, labor and other services necessary to
connection therewith, excepting those supplies specifically not required of Contractor
in the Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the following cost:
DESCRIPTION UOM UNIT COST
DESCRIPTION UOM UNIT COST
Anti-Freeze(Ethylene Glycol) One-gallon Containers $6.32
Anti-Freeze(Extended Life) One-gallon Containers $9.60
Automatic Transmission Fluid Quart Containers $3.12
Chassis Grease 120-Pound Pails $343.20
Chassis Grease 14 Ounce Tubes $2.71
Engine oil SAE I5W40 Bulk Gallon $11.22
Engine oil SAE I5W40 Quart Quart Containers $3.43
Gear oil SAE 80W90 5-Gallon Pails $48.87
Hydraulic Oil ISO 68AW 5-Gallon Pails $34.65
Power Steering Fluid Quart Containers $2.16
Brake Fluid Quart Containers $4.45
Wiper Fluid One-gallon Containers $2.15
Bulk Tank Rental Per Month No Charge
5. The term "Contract Documents" means and includes the following:
a) Agreement
b) Addenda
c) General Information
d) Specifications
e) Bid
f) Notice of Award
g) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials,this Agreement in(2 copies) each of which shall be
deemed an original on the date first above written.
Signed on the day of , 2020.
ATTEST: CITY OF PORT ARTHUR
BY:
Sherri Bellard Ronald Burton
City Secretary City Manager
Signed on the day of . 2020.
WITNESS: O'ROURKE DST.CO.,LLC
BY:
Print Name: Print Name:
Title: Title:
THURMAN BILL BARTIE,MAYOR RON BURTON
HAROLD DOUCET,SR MAYOR PRO TEM INTERIM CITY MANAGER
COUNCIL MEMBERS: City of WIF SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR ��} CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW HI ort r t It tt VAL TEND
CHARLOTTE MOSES '� RCITY ATTORNEY
KAPRINA FRANK 7i>xas
OCTOBER 12,2019
INVITATION TO BID
PETROLEUM OIL &LUBRICANTS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, October 30, 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
Wednesday, October 30, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,
TX. You are invited to attend.
MARK ENVELOPE:P20-005
'DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640
POINTS OF CONTACT:
--
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur,TX 77641
clifton.williamsAportarthurtx.gov
i
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
Page 1 of 20
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.
eLtd&H a)diz:a4-Ata-
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 20
INVITATION TO BID
PETROLEUM OIL & LUBRICANTS
(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 20
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 6
B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 8 (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 9
E. HOUSE BILL 89 VERIFICATION-PAGE 11
F. CHAPTER 2252 CERTIFICATION-PAGE 12
Page 4 of 20
SPECIFICATIONS FOR
PETROLEUM OILS AND LUBRICANTS
General Specifications:
This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City
may renew this contract for two (2) additional one (1) year periods at the original contract bid
amount. There shall be no increase in price should an extension be granted. Any terms and
conditions stated in the original specifications shall apply to any extended periods. The City will
award all the items to one vendor.
Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined
materials.
All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers
shall be properly marked in accordance with applicable-local, state, and federal regulations and
certified that the product meets specification.
Delivery time:
Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered
by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be
delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage
tanks at the time of delivery. The successful vendor will be required to shelve delivered
packaged products insuring that older stock is rotated for prompt distribution from the storeroom.
Failure to meet this specification shall constitute default and the City will reserve the right to
terminate any contract.
Price information must be submitted on the bid submission sheet. Failure to use the bid
submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills
Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue,Port Arthur,Texas 77640.
The successful bidder will be required to make product warranty adjustments by 9:00 AM of the
next business day. Failure to meet this specification shall constitute default and the City will
reserve the right to terminate said contract.
All invoices and delivery tickets must clearly show purchase order number, quantity, item
description,unit and extended price.
Page 5 of 20
Anti-Freeze(Ethylene Glycol):
Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and
amines. This product must be suitable for both automobile and heavy-duty diesel engines and
must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is
equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50/50. It will be purchased in one-
gallon containers and 55-gallon drums.
Anti-Freeze(Extended Life):
Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and
amines. This product must be suitable for both automobile and heavy-duty diesel engines with
change intervals up to 5-years/100,000 miles. This product is equivalent to Texaco
Antifreeze/Coolant ETX-6280BPK Pre-Mixed 50/50. It will be purchased in one-gallon
containers and 55-gallon drums.
Automatic Transmission Fluid:
Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford
Motor Company for MERCON (M2C166), and Caterpillar TO-2 fluid. It will be purchased in
quart containers.
Chassis Grease:
Shall be oxidation resistant lithium soap based grease suitable for general automotive use.
Shall be designated as NLGI 2 and EP (extreme pressure).
It will be purchased in 120-pound pails and 14-ounce tubes
Engine oil SAE 15W40 Multi-grade:
Must be suitable for use in both gasoline and diesel engines.
Must meet or exceed the performance requirements- of domestic gasoline and diesel
manufacturers.
Must meet API classification CE, CD-II-SG, and SF.
Must meet or exceed Mil Spec MIL-L-2104E and MIL-1-46152D.
Vendor must supply a 220 Gallon Bulk Tank.
City will purchase in gallons and quart containers
Gear Oil SAE 80W90:
Must meet or exceed the requirements for API service GL-5.
Must meet or exceed Mil Spec MIL-L-2105C.
It will be purchased in 5-gallon pails.
Hydraulic Fluid (HYD 68 AW):
Shall be ISO 68 AW oil with anti-wear, rust and oxidation additives and a foam suppressant.
Shall have a CST viscosity of 62.0 at 40 degrees Celsius.
Shall have a pour point of-20 degrees Fahrenheit.
It will be purchased in 55 gallon drum
Power Steering Fluid:
A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering
systems. This product is equivalent to Texaco Power Steering Fluid 11872.
It will be purchased in quart containers.
Page 6 of 20
Diesel Exhaust Fluid:
Diesel Exhaust Fluid(DEF), as standardized in ISO 22241[1], is an Aqueous Urea Solution of
with 32.5%high-purity urea(AUS 32) and 67.5% deionized water.
Must meet or exceed the requirements for ASTM D7821 Standard Test Method for Field Test
Determination of Urea Concentration in Diesel Exhaust Fluid(DEF)
Must meet or exceed the requirements for ISO 22241-5:2012Diesel engines-NOx reduction
agent AUS32
It will be purchased in 2.5 gallon containers and in totes.
Transmission-Differential-Hydraulic Fluid:
A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled
type tractors. This product must be equivalent to Texaco TDH Oil Code 1893.
It will be purchased in five-gallon pails.
Transmission fluid for Transit:
This product must be equivalent to Shell Donax TX Transmission Fluid
NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the
bid package.
Page 7 of 20
Estimated Annual Usage
Anti-Freeze(Ethylene Glycol) one-gallon containers 1,000 gallons
Anti-Freeze(Extended Life) one-gallon containers 200 gallons
Automatic Transmission Fluid quart containers 1,600 quarts
Chassis Grease 120-pound pails 5 pails
Chassis Grease 14 ounce tubes 140 tubes
Engine oil SAE 15W40 Bulk 220 Gallon Bulk tank 1200 Gallons
Engine oil SAE 15W40 Quart quart containers 100 quarts
Gear oil SAE 80W90 5-gallon pails 20 pails
Hydraulic oil ISO 68AW 5-gallon pails 35 pails
Power Steering Fluid quart containers 36 quarts
1 Tote =2/
Diesel Exhaust Fluid 2.5 gallon containers 3,000 totes
Brake Fluid quart containers 50 quarts
Wiper Fluid one-gallon containers 200 gallons
Page 8 of 20
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 30, 2019
Bidders must bid in the Unit of Measure stated on Bid Sheet
DESCRIPTION UNIT OF MEASURE UNIT COST
Anti-Freeze (Ethylene Glycol) /(94one-gallon containers __ S G , 3, (�on
Anti-Freeze (Extended Life) one-gallon containers $ 9 . ao((9R(Ln
Automatic Transmission Fluid _quart containers $ 3, l . (QvArt
Chassis Grease 120-pound pails $ 3{3. ao /c,
Chassis Grease 14 ounce tubes $ a, + /Eck
Engine oil SAE 15W40 Bulk gallon $ II, '? 76q(L1
Engine oil SAE 15W40 Quart quart containers $ `- .1.1 3 lou t'
Gear oil SAE 80W90 5-gallon pails $ Lii. 87 /
Hydraulic oil [SO 68AW 5-gallon pails $ 3`1,65/5.,
Power Steering Fluid quart containers $ a, 1(. l61.vjv-r
Diesel Exhaust Fluid tote $ I ,9q (6Attu i
Brake Fluid quart containers $ LI . 5/6 --
Wiper Fluid one-gallon containers S 'D- , 15 /G4)h
Cost to rent bulk tank for 15W40 Oil $ fJ' . OD Month
O'Rourke Dist. - •. - ----- 223
ioC9.31,4• •�� oy . r STREET ADDRESS McCarty St
_Lc_.__._--
SIG` Vii • o . I • P.O. BOX
Scott Field Houston, Texas 77029
PRINT OR TYPE NAME CITY STATE ZIP
Sales Manager (214) 304-1963
TITLE AREA CODE TELEPHONE NO.
sfieldorpp,com (713)672-9425
EMAIL FAX NO.
Page 9 of 20
CITY OF PORT ARTHUR,TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for
the firm bidding this project has violated the antitrust laws of this State, codified at
Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or indirectly the bid made to any competitor or any
other person engaged in the same line of business, nor has the signatory or anyone
acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related tooth- :•' submi cion of this bid proposal.
Signature: (
Printed - Tony Garcia
Title: Executive Vice President
Company: O'Rourke Dist. Co., LLC
Date: November 1. 2019
SUBSCRIBED and sworn to before me by the above named 1 cn.l c L]Y`��-. on
this the day of No.,zr\-\\ac r , 20
�Lkvvul - L��7
TAMMIE AVANT Notary Public in and for the
Notary 10 al 29780263 State of Texas
My Commission Expires
Aeril 9, 2022
My commission expires: ,
Page 10 of 20
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
V I hereby certify that I do not have outstanding debts with the 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.
O'Rour. - �•• .-.., November 1, 2019
Firm N m Date
1. 1� t>=------ Executive Vice President
Aut>boriz :igna‘ re Title
Tony Garcia (713) 672-4500
Name(please print) Telephone
Email
•
STATE: Texas
COUNTY: Harris
SUBSCRIBED AND SWORN to before me by the above named le,M C.(ty (X.
on this the ` 'Si- day of _0111 e.y' ,20 �`
TAMMIE AVANT
,,,":-.,.7.;,;,;\\ 4lai 1{lL �
0.6r-,::ri.
Notary ID 4'129780
' ;� My Commission ExpNotary Public
April 9, 2022
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 11 of 20
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. llSSMLY
This questionnaire la being filed in accordance with Chapter 178,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Seaton 178.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 178.008/a).
By Inv this questionnaire must be fled with the records admfntstrator of the total governmental entity not later
than the 701 business day after the date the vendor becomes aware of facts that require the statement to be
filed See Section 178.088(e-1),Local Government Code.
A vendor commits an offense If the vendor Ic cwfngly violates Section 178.008,Local Government Code.An
offense under this section is a misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
El Cheek t lsboxIf
you defiling an update to a previously tiled 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 dale on which
you became aware that the originally filed questionnaire was incomplete or Inaccurate.)
1 Name of local government officer about whom the information le being disclosed.
Name of Officer
.41 Describe each employment or other business relafonatdp with the local government officer,ora fan*member of the
officer,as desafbed by Section 178.003(aX2XA). Also describe any faintly relationship with the local government officer.
CIOComplete subparts A end B for each employment or business relationship described.Attach additional pages to this Form
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?
El Yes [J 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?
EDYes PiNo
Desadbeeach employment or business relationship that the vendor named in Section 1 maintains while 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.
ei
Check this box . •.t :•• e•.:n the local government officer or a family member of the officer one or more gifts
j�'�� 003(a) :(B), excluding gifts described In Section 176.003(a-1).
...... r% / November 1, 2019
•th• governmental entity Date
Form provided by T: www.ethlcs.state.tx.us
Revised tf/3Qr20f5
Page 12 of 20
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http:!/www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code la 176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal.state.or local governmental entity or an
agency of a federal.state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public:or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by.and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income. other than investment income, that exceeds$2.500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:
or
(ii) the local governmental entity is considering entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed:or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11;30;2015
Page 13 of 20
House Bill 89 Verification
1, Tony Garcia (Person name), the undersigned
representative (hereafter referred to as "Representative") of
O'Rourke Dist. Co., LLC (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.
StGNATUR O R RESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this day of 1ov�bulle)rxr , 20 , i .
da".6.s
`w TAMMIE AVANT
S — Notary ID#129780263
C My Commission Expires
April 9, 2022
• 111 VU ?Lir"
•s
Notary Public
Page 14 of20
SB 252
CHAPTER 2252 CERTIFICATION
I, Tony Garcia ,the undersigned an representative
of O'Rourke Dist. Co., LLC
(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 el}ter 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.
Tony Garcia _mown.,
0N: .. • • f';iii • - • a lady:.(Print)
al PI
Signature • •om•. y -p ::- tative
Nove ber 1, 2019
Date
Page 15 of20
•
INFORMATION TO BIDDERS:
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 RFP, 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 16 of 20
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.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment
Services, P.O. Box 1089, Port Arthur, Texas 77641.
Page 17 of 20
• • 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.
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.
Page 18 of 20
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 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:
Page 19 of 20
' 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.
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 20 of 20