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HomeMy WebLinkAboutPR 21669: CONTRACT WITH IMPACT PLASTICS, FOR DUMPSTERS City of % ort rthu�^ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: November 16, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, Director of Public Works RE: P. R. 21669 Introduction: Approval of a contract to purchase materials to repair the commercial dumpsters for the Public Works Solid Waste Commercial Division with Impact Plastics of Elgin, IL with a projected budgetary impact not to exceed $116,202.60 this fiscal year. Background: The city has over 700 commercial grade dumpsters throughout the city that are in need of repair due to the daily usage and operating conditions these units face on an annual basis. The current average conditional life for each unit is 15+ years. It is estimated that the $18,000 minimum order requirement will allow city staff to repair 50-60 units. These repairs will be performed by staff. The goal is to refurbish as many of the existing dumpsters with some useful life remaining and replace those that are beyond being repaired. Impact Plastics was the only bid the city received, which was reviewed by the Public Works and Purchasing Department selection committee. Budget Impact: Funds are provided in account no. 403-1273-533.59-00, Public Works - Solid Waste Commercial—Professional Services. Recommendation: It is recommended that City Council approve P. R. 21669 as presented. "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. 21669 11/16/20 - aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH IMPACT PLASTICS OF ELGIN, IL FOR MATERIALS FOR CITY DUMPSTERS WITH A PROJECTED BUDGETARY IMPACT NOT TO EXCEED $116,202.60 THIS FISCAL YEAR. FUNDING IS AVAILABLE IN THE PUBLIC WORKS — SOLID WASTE COMMERICAL — PROFESSIONAL SERVICES,ACCOUNT NO. 403-1273-533.59-00. WHEREAS,the City provides commercial garbage service to various business; and, WHEREAS,necessary repairs are required due to rust and regular wear and tear requiring replacement parts; and, WHEREAS, Purchasing advertised in the Port Arthur News for bids for the purchase of material for dumpsters; and, WHEREAS, one bid was received and opened on November 4, 2020, for the above referenced material and has been evaluated by Public Works and Purchasing, as shown in the Bid Tabulation attached as Exhibit"A"; and, WHEREAS, Impact Plastics of Elgin, IL, was the only bidder; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF-THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to execute a one year contract, with an option to renew for one additional year,with Impact Plastics of Elgin,IL.,attached as Exhibit"B". THAT, funding is available in the Public Works—Solid Waste Commercial—Professional Services, account no. 403-1274-533.59-00. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P. R. 21669 11/16/20 - aw 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: Mayor ATTEST: APP OVED AS TO FORM: d7t- JJ1LS /13 Sherri Bellard Valecia T. eno City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Ron Burton Kandy Daniel City Manager Interim Director of Finance 47/44/k Alberto Elefano C i n Williams Director of Public Works Purchasing Manager P. R. 21669 11/16/20-aw Exhibit A • Vl 0 0 m e O a> v iri l �pr's r'nV1 I" h p 69 M = N \O N - v °ki CJ N O O 4 0 en ^ r_ V `p N •ph X VJ N g E 4 „ " H H V, Hf 49 < W W am. C Z c F G J ` 0 = 2 ; N Fc �' > Uoo Oki 0 o o a, es p„ a Gam. f� c Q a CIS _: N P N 'r% CO 3 0 N C '0 -0L. O O a, •v; B. `a cis as ro O Q ':� C - , . E c C •a o -o t1 - c c c EcC ca... Li c v LC a, 7, 1 en K N L. L. L, x coM C Isc v10 o .5cn :n M Si v a, .. Ls. o v r 04. mo • Oo `cc WI . vet � Qiv 7;4: 1 L �. I� LL (7i L� I- Li. M M M M Li C tt coo 4 3 O AOa E i,, D f 0 , V ,z, 4 0 ... ›. . • ` EXHIBIT "B" MATERIALS SUPPLY AGREEMENT Material for City Dumpster 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 ,hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one(1) year from the date sent on the Notice to Proceed,with an option to renew for one additional year, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 15 days written notice. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to supply the materials described in the Specifications and contract documents and comply with the terms therein for the prices as stated in the attached bid. 4. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Bidder's Information Sheet 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties 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 BY: BY: City Manager Representative Cuva• 4 j u`t -CITY OF PORT ARTHUR,TEXAS 14 it ort rth ADDENDUM NO. TWO (2) Texas October 23,2020 BID FOR: Purchase of Materials for Dumpsters The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,November 4,2020. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,November 4, 2020 in the City Council Chambers,City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. 2. Another addendum will follow with estimates for the orders. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. /C rL GfJ��O,�otd- C�ifWilliams, CPPB Purchasing Manager /& :; Signature of Proposer Date City of -CITY OF PORT ARTHUR, TEXAS ort rrbr - ADDENDUM NO.THREE(3) Texas October 26, 2020 BID FOR: Purchase of Materials for Dumpsters The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the Revised Bid Sheet. 2. Below are the Estimates for the year. Description Estimated Estimated Order Quantity Annual Quantity 72"x36"Fully Assembled Bottom w/2Full Length 1.5x3 Rails 60 60 Slider Bottom Kit-Fits Dumpsters from 72"X 55"to 72"X 60" 25 300 72"x57"Fully Assembled Bottom w/2Full Length 1.5x3 Rails 25 300 36"x41"Standard Front Load Lid 30 60 36"x48"Standard Front Load Lid 100 600 36"x58" Standard Front Load Lid 100 600 30"x30"doors 100 600 If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. • rLG1Aiie t, - Clift Williams,CPPB Purchasing Manager Signature of Proposer Date INVITATION TO BID PURCHASE MATERIALS FOR CITY DUMPSTERS (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? z/- Were the specifications clear? Were the specifications too restrictive? v� Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? L/ Does your present work load permit additional work? v' Comments/Other Suggestions: /7/4- Company Name: PASiteS Person Completing Form: Telephone: ,c41/11A9AM14-beft/Shi 97-5: Mailing Address: Email: 950 T//qer Pea/ ,N of/1.1svaci*m City, State, Zip Code: Date: z*0, L. T/?.? 26 Page 3 of 16 CITY OF PORT AR TH UR, TEXAS BID SHEET-ADDENDUM#3 BID FOR: Purchase of Materials for City Dumpsters BID DUE DATE: November 4, 2020 Item Description UOM Unit Price No. 1 72"x36"Fully Assembled Bottom w/2Full Length 1.5x3 Rails EA $ Slider Bottom Kit-Fits Dumpsters from 72"X 55"to 72"X / 2 60" EA $ i 3g�!-7 3 72"x57"Fully Assembled Bottom w/2Full Length 1.5x3 Rails EA $ /3� 4 36"x41" Standard Front Load Lid EA $ / (, �~ 5 36"x48"Standard Front Load Lid EA $ /Y!0 / 6 36"x58" Standard Front Load Lid EA $ 7 30"x30"doors EA $ !7 l(/ o►/Q.f�v pDrh 8 Freight Cost for a minimum order of 25 EA $ '775 OY gehrlr►S dtS . ,ear f71P OkS 907//? &0( COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX _c9orr64)//i/4\7k it ar/l r/_. 6la2 PRINT OR TYPE NAME CITY STATE ZIP �/2Ciale �r�S -f 74.lC t- 77,C. 5a?9 2 TITLE AREA CODE TELEPHONE NO ba)1>eftri-ltnnovalgs7, 4'i f 14 EMAIL FAX NO. October 29, 2020 Impact Plastics 950 Tollgate Road Elgin, IL 60123 Dear City of Port Arthur, I want to thank you for the opportunity to bid on your waste part needs. I have enjoyed working with each of you. My goal from the beginning was to put a plan in place to save you money on fixing your bottoms, updating the required parts, and ensuring those dumpsters would be back out making money for the city. I am a strong believer in testing a product to ensure it meets/exceeds your needs. I have worked with many of you via phone, explaining the product line, process, and overall long term goals. I have emailed with some of you,too. It has been important to me to educate, communicate,and be transparent about service,timeline, and pricing. I surely hope the feeling is mutual. In keeping the lines of communication open, I want to explain the cost of bottoms and sliders and how the price can fluctuate. The AMM scale dictates steel pricing. If the AMM rises or drops, our cost to purchase steel rises or drops.This then reflects Impact's price on parts we manufacture made with steel. The pricing on the RFP is current AMM and is at 28. On a quarterly basis,this will be reviewed and pricing may be adjusted. If AMM is down to 25,your bottoms/slider pricing will be lowered and if the AMM rises to 31, it will be increased. Additionally,freight is fluid. The quoted freight on the RFP is as of today. Freight will need to quoted for each quote/order. Lid orders of 200 or more have free freight. Freight is derived from the Consumer Price Index for Transportation US City Average.The freight is also influenced by quantity and size of the bottom/slider being shipped. Please do let me know if you have any questions regarding Impact's bid pricing or freight. I look forward to continuing a mutually beneficial business relationship. Kind Regards, Samantha J. Karlovsky Inside Sales Specialist,Impact Plastics • NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: - Reef Date: /o/Z77j 7-c, SUBSCRIBED and sworn to before me by the above named 3O1 ML{Cr3 on this the Zq day of OCiobex , 20 OD. C `'�• 10 F-na-- N,,ta b in and for the St- e of . x1lr/kc�r� My commission expires: ` ta,0I ai--C �rMt�f�MM�•� "OFFICIAL SEAL" JESSICA SUS- Notary Public,State of Illinois My commission expires 01,20/24 Page 7 of 16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The under ' ned offers and agrees to one of the following: I her certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeedi 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. Tillitee a5ALC io72-V20.E Firm Na Date i 4g1/714-A Vr d/C-- c__cAC3- Auittlorized Signature Title _ (6-70'H- Myed' 43,) ,5-9- z.rs' Name(please print) / Telephone ( P1 e / ,4c4///t/D/4 S: -,e1/7,j Email STATE: It- COUNTY: K uj SUBSCRIBED AND SWORN to before me by the above named 6 CAO W f'}LierS on this the CD)q day of QC16 6 , 20 . • C N+tN�./.IM� "OFFICIAL SEAL" ICA SUS \ l� to Pub ic Notary Public,State of Illinois ` -- My commission expires 01/20/24 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 16 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. 11 Name of vendor who has a business elati hip with local governmental entity. business r7Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 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 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 ven r? n 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? n 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. 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). /t.r AlilAAA SOWS re of vendor doin usiness with the governmental entity /1//c/>?;?7,6) Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 i Page 9 of 16 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:liwww.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§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(8): (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-11 (a) Avendor shall file a completed conflict of interest questionnaire it 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.ethlcs.state.tx.us Revised 11/30,2015 Pate 10 of 16 SB 252 CHAPTER 2252 CERTIFICATION I, SZ#--- `.J ,the undersigned and representative of �/✓ PAs' ,_(/ P� (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. J /7/ Name of Company Represet[tative (Print) a:Y Signature of Company presentative /b/ c, Date Page 11 of 16 House Bill 89 Verification 1, (C:ei /111f (Person name), the undersigned representative (here t r VefeAd to as "Representative") of / / cf (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF PRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ,9)G day of OC I X- , 20 dO No ublic `OFFICIAL SEAL" JESSICA SUS Notary Public,State of Illinois My commission expires 0120/24 Page 12 of 16