HomeMy WebLinkAboutPR 21734: TERMINATE CONTRACT WITH WILLIAMS TRANSPORT City of
ort rthu
Texas
INTEROFFICE MEMORANDUM
UTILITY OPERATIONS DEPARTMENT - ADMIN. DIV.
Date: March 4, 2021
To: Ronald Burton, City Manager
From: Donnie Stanton, Interim Utilities Director
RE: Proposed Resolution No. 21734—Terminate Contract with Williams Transport
Nature of Request:
The Intent of this Agenda Item is to seek Council's approval to amend a portion of Resolution
No. 20-289, terminating the Utility Department's mowing contract for Groups B, D, & G with
Williams Transport of Lumberton, Texas.
Williams Transport has only mowed one time since the beginning of the contract. Below is a
chronology of events after the lapse of contract fulfillment by Williams Transport:
1. The date of the first cut was September 30th, 2020.
2. The next cut was due by October 10th, 2020.
3. On October 21, 2020, the Utility Compliance Manager (UCM) sent Mr. David Williams
of Williams Transport of Lumberton, Texas an email inquiring as to the status of the next
cut, while also taking into account Hurricane Delta on October 9th, 2020.
4. On November 3rd, 2020, at 4:03 P.M., the UCM sent a text to Mr. Williams, with no
response shown.
5. On November 10th, 2020, the UCM sent a certified letter, Tracking No.
70173040000117806265, to Mr. David Williams of Williams Transport, requesting an
answer by November 13th, 2020.
6. This letter was shown to be undeliverable on November 13th, 2020, due to "No Such
Number" per the Lumberton Post Office, and returned to the original sender on
November 16th, 2020.
7. On November 20th, 2020, the UCM sent a certified letter, Tracking No.
70190160000045917231, to Mr. David Williams of Williams Transport, again requesting
an answer.
8. This letter was shown to be undeliverable on November 21th, 2020, due to "Moved, Left
no Address" per the Lumberton Post Office, and returned to the original sender on
November 27th, 2020.
Williams Transport has not responded to follow-up calls from City employees to check on the
status of the next cut and is in violation of Point No. 2 of the contract. Point No. 2 states that
"The vendor will provide mowing services, as delineated and submitted in their bid on July 15,
2020." Per page 8 of the bid package attached to the resolution, responsible City staff,
specifically, the UCM, has taken the required steps prior to contract termination by City Council
to ensure fairness and opportunity for the contractor to remedy the situation.
Per page 25 of the same bid package, the section "TERMINATION FOR CAUSE" is included
and reads as follows: 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.
Staff Analysis, Consideration:
Staff will find another vendor to cut the grass.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 21734, authorizing the
termination of the contract with Williams Transport of Lumberton, Texas for Groups B, D, & G.
P. R. No. 21734
3/4/21 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION TERMINATING THE CONTRACT
WITH WILLIAMS TRANSPORT OF LUMBERTON,
TEXAS FOR GROUPS B, D, & G, FOR GROUND
MAINTENANCE OF CITY PROPERTIES AT THE
WATER UTILITIES DEPARTMENT FACILITIES
WHEREAS,pursuant to Resolution No. 20-289, on September 15, 2020, the City Council
awarded contracts for mowing various groups of utility areas, Groups A-H; and,
WHEREAS, the contract for Groups B, D, & G was awarded to the lowest bidder,
Williams Transport of Lumberton, Texas as delineated in Exhibit"A"; and,
WHEREAS, Williams Transport has failed to adhere to the terms of the contract by
violating Point No. 2, which states, "The vendor will provide mowing services, as delineated and
submitted in their bid on July 15, 2020"; and,
WHEREAS, City staff, specifically, the Utility Compliance Manager, has taken the
required steps prior to contract termination to ensure fairness and opportunity for the contractor to
remedy the situation; and,
WHEREAS,pursuant to page 25 of the bid package, the section, "TERMINATION FOR
CAUSE" states: "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."
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
P. R. No. 21734
3/4/21 bw
Page 2of3
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
terminate the contract between the City of Port Arthur and Williams Transport of Lumberton,
Texas for Groups B, D, & G; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of
2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES: Mayor
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
- 0'3Valecia Ti eno
City Attorney
P. R. No. 21734
3/4/21 bw
Page 4 of 4
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Donnie Stanton
Interim Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
+Ck..xN,
Kandy Dani
Interim Direc or of Finance
lI 1 1LL
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT "A"
(Contract Awarded to Williams Transport)
f u1 , 16,0i,
DUPLICATE ORIGINAL
CONTRACT FOR
RES/ORD L� r; _ ayof
PLEASE EXECUTE
AND RETURN TO THE
CITY SECRETARY' S
OFFICE
COUNCIL MEETING
DATE : Q - 15--ao
PURCHASING CONTRACT
AGREEMENT
THIS AGREEMENT is made this the J2j-ic of 4- YlC .l ,2020, by and
between an individual, firm partnership or corporation, Williams ransport of Lumberton, Texas,
hereinafter called"Vendor", and the City of Port Arthur, a municipal corporation organized
under the laws of the State of Texas, hereinafter called the"Owner"or"City".
WITNESSETH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, Owner and Vendor agree as follows:
1. The term of this Agreement is one year from the date issued on the Notice to Proceed,
with an option to renew for two(2)additional one-year periods, unless sooner terminated under
the provision hereof. The City can terminate this contract at its convenience which includes,but
is not limited to, funding not being available in any budget cycle within fifteen(15)days written
notice.
2. The Vendor will provide Mowing services, as delineated and submitted in their bid on
July 15, 2020.
3. During the term of this Contract,the Vendor will furnish all of the materials and
supplies, as stated in the advertised bid specifications,described as:
Mowing and Lawn Service for Groups B, D,& G
4. The Vendor agrees to deliver all services during the term of this contract, at the unit
prices listed on the Bid schedule dated July 15, 2020.
5. The term "Contract Documents"means and includes the following:
(A)Agreement
(B) Advertisement for BIDS
(C) Invitation to Bid
(D)General Information
(E) General Specifications
(F) Specifications
(G) Bid
(H) Bid Sheet
(I) Notice of Award
(J) Notice to Proceed
(K)Addenda
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto 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 on the date first above written.
iit
SIGNED AND AGREED to on the /$ day of
Ce17'1-f',t'1'lloer , 2020.
WITNESS: CONTRACTOR:
illiams Transport
SIGNED AND AGREED to on the 1 day of _ 4.q.2)-(1.2020.
WITNESS: CITY OF PORT ARTHUR
041000K
so 1
Sheen e lard Ron Burton
City Secretary City Manager
THURMAN BARTIE,MAYOR
RON BURTON
CHARLOTTE MOSES,MAYOR PRO TEM La,, .,. — CITY MANAGER
COUNCIL MEMBERS:
CAL JONES rl rt h ur _ SHERRI BELLARD,TRMC
CITY SECRETARY
RAYMOND SCOTT JR Te..xas
THOMAS KINLAW VAL TIZENO
HAROLD DOUCET SR. CITY ATTORNEY
KAPRINA RICHARDSON FRANK
MARCH 18. 2019
INVITATION TO BID
Mowing of Utility Operations Properties
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, July 1, 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, July 1, 2020 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P20-052
DELIVERY ADDRESS: Please submit one(1)original and one (I) 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.williams@portarthurtx.gov
The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
CC rL 0.1e
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 27
NON-MANDATORY
PRE-BID CONFERENCE
A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Grass Cutting at Utility Operations is scheduled for Thursday June 18, 20120 at
10:00 A.M., Water Service Center, 111 H. O. Mills Road, Port Arthur,Texas
The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer
any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the
project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing
Manager, if necessary, will issue an addendum(s)to clarify the intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Non-Mandatory Pre-Bid
Conference will be rejected and returned unopened to the bidder.
It is highly recommended you attend the pre-bid meeting. Attendance is not mandatory. However, in the
event that you misinterpret the specifications because of failure to attend the pre-bid meeting; the City
will not be held responsible.
Page 3 of 27
INVITATION TO BID
Mowing of Utility Operations Properties
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BED 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 4 of 27
SUBMIT THE FOLLOWING.
A. BID SHEETS -PAGE 11-12
B. EQUIPMENT LIST- 13
C. NON-COLLUSION AFFIDAVIT-PAGE 14(MUST BE NOTARIZED)
D. AFFIDAVIT-PAGE 15 (MUST BE NOTARIZED)
E. CONFLICT OF INTEREST-([F NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
I AND SIGN & DATE ON LINE 7- PAGE 16
F. CHAPTER 2252 CERTIFICATION-PAGE 18
G. HOUSE BILL 89 VERIFICATION- PAGE 19
Page 5 of 27
SPECIFICATIONS FOR GROUNDS MAINTENANCE
UTILITY OPERATIONS DEPARTMENT
The work to be performed under this contract is for grounds maintenance at various Water Utilities facilities
detailed on the attached bid forms (GROUP "A" through GROUP "G"). A mandatory pre-bid meeting will be
held to address any questions of prospective bidders. Prior to the bid opening, each prospective bidder shall
inspect every site listed in the attachments in order to become familiar with any site-specific requirements
necessary to comply with these specifications. Bidders are to provide unit prices for the maintenance of each
location and totals for the entire group. Award of contract will be based on bids received for the group price.
Each site for Groups "A" through "F" shall be maintained twice per month from March through October, and
once per month from November through February. The exception to this specification is that the Main Plant.
Port Acres Wastewater Plant, and Sabine Pass Wastewater Plant locations shall be mowed up to 3 times a
month year round, at approximately 10 day intervals. Bidders shall provide unit price for cutting Group ''G"
sites (estimated 4 cuts per year). Note that maintenance frequency may change during the term of the contract.
as determined by the City. Unit prices provided for each site are for the City's use should we require additional
maintenance at only that site, and not the entire group.
* Invoices for services rendered under this contract are to be submitted to the Wastewater Conveyance
Superintendent,within three days of cutting, in order to check/verify completion of the work. Invoices for
work not submitted within this time frame will not be verified, and will not be paid. INVOICES NOT
COMPLETED PER THESE SPECIFICATIONS WILL NOT BE PAID.
The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and service to
complete all work in a workmanlike manner as follows:
I. Sites in Groups A through F must be cut and trimmed with hand mower, weed trimmer, push mower, or
riding lawn mower, as appropriate. Group ''G" sites are for rough-cut and shall be maintained with bush
hog and/or slope mower.
2. The schedule is attached.
3. Each site is to be clean cut and all fenced sites are required to be cut inside and around fenced areas,
where practicable, as previously done or as directed by the City.
4. Trimming is required around all in-ground facilities, fences and concrete.
5. Vegetation is to be removed from all appurtenances and fencing.
6. Area will be cleared of all litter and debris prior to any mowing.
7. Litter and debris shall be disposed of properly, off site, at the contactor's expense.
8. All litter and debris shall be picked up prior to mowing and then immediately following the actual
mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by
the mower.
9. Litter and debris shall be defined as an object not intentionally placed at project site for a specific
purpose. This shall include, but not limited to, paper, wrappers, cans, bottles, building materials,
disposable diapers and small limbs shall be cleaned prior to cutting of all properties.
10. Litter and debris shall be disposed of properly,off site, at the contractor's expense.
Page 6 of 2?
11. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be
placed or blown into the City's Drainage Culverts or in the street.
12. Equipment blades are to be sharpened so that grass will be cut low.
13. Entrance roads, approaches, and/or driveways are to be maintained, (where applicable), e.g., alleyways,
around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters,
ditches and trees.
14. For most facilities, the limits of cutting are the immediate area of past-maintenance, with a
minimum of 5 feet around all fences and entrance roads, 10 feet around structures, and ANY
areas adjacent and up to any street pavement.
a. Specifically, for the Main Wastewater Treatment Plant, a five (5) foot span from the fence
on the OUTSIDE of the perimeter shall be mown.
15. Ruts caused by contractor's equipment shall be filled at contractor's expense.
16. The contractor shall repair or replace, at his own expense, any damages to materials or property
on site, resulting from negligence during grass cutting or associated activities.
17. Contractor must provide a list of equipment with their bid documents.
18. The contractors will be required to re-cut at their own expenses any areas deemed to be
unsatisfactorily mowed.
19. Mow grass to a height of not more than 2 inches within five (5) days.
20. Time extension requests may be granted due to inclement weather or to unforeseeable events that
are not caused by the contractor through approval of the Assistant Director of Utilities, Clyde
Trahan,who can be reached at (409) 983-8556. If time extension is not given, the City reserves the
right to use another vendor if the cut is not made in a timely fashion, within three (3) days after a
rain event.
21. Herbicide spray is required around all fence lines and concrete structures at Lift Stations, Service
Center, Water Towers and Pleasure Island Meter Pad, except where there is a concrete mow strip
poured under the fence line. Herbicide is required around the fence lines, buildings, tanks,
sidewalks, exposed pipes, valves, and concrete tanks and pads at all 3 Wastewater Treatment
Plants.
a. Herbicide is required at the Water Purification Plant, but ONLY around the fence line.
22. Proof of current license to spray must be provided with the bid documents if your company is
spraying.
23. The contractor should bring the inability to access property or inability to mow for any reason to
the attention of the City's authorized agent, before attempting mow.
CONTRACT PERIOD:
This Contract will terminate approximately twelve (12) months from date of execution with the
option to renew for two (2) additional one year periods. The City can terminate this contract at its
convenience which includes, but not limited to, funding being available in any budget cycle with
thirty(30) days written notice.
The City reserves the right to award to as many contractors as Utility Operations deems
necessary. During slow periods in the contract, the Utility Operations Department will contract
according to low bid. It will be the Contractor's responsibility to provide documentation that
their company has the equipment and the manpower to maintain their grass cutting obligation
Page 7of27
CONTRACT TERVIINATION:
1"Notice—A representative from the Utility Operations department will submit a certified letter
stating the issues.
2nd Notice-A representative from the Utility Operations department will call contractor in for a
meeting.
3rd Notice will be a letter of termination of contract for cause.
Emergency Plan
Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the
right to utilize additional contractors in any area to reduce the health hazard from excessive growth and
contractor's inability to handle the work load in a timely manner. Contractors should report immediately to
Wastewater Conveyance Superintendent Jerome Hudson. all equipment failures, breakdowns, and rain delays in
writing within twenty-four(24) hours.
Page 8 of 27
Grass Mowing Schedule
Month Cut Grass j 1'`Cut Start By
Jan I time/mo l'` thru 15th
Feb I timeimo I"thru 15th
March 10 day intervals 1'` thru 5th
April 10 day intervals 1'` thru 5th
May 10 day intervals 1'`thru 5th
June 10 day intervals 1'`thru 5th
July 10 day intervals I'`thru 5th
Aug 10 day intervals 1'` thru 5th
Sept 1 10 day intervals 1'` thru 5th
Oct 1 10 day intervals l'` thru 5th
Nov { l time,mo l" thru 15th
Dec 1 timeimo l'` thru 15th
NOTE: THAT GROUP G WILL BE CUT AT IRREGULAR INTERVALS, AS REQUIRED BY THE
CITY"
Page 9 of 27
a >I
cm of -CITY OF PORT ARTHUR,TEXAS
o 1 rthx - ADDENDUM NO.ONE(1)
r«
June 22,2020
BID FOR:Mowing of Utility Operations Properties
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, July 8, 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,July 8, 2020 in the City Council
Chambers,City Hall,5th Floor,Port Arthur,TX. You are invited to attend.
2. A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Grass Cutting at Utility Operations is scheduled for Tuesday June 30, 2020 at
10:00 A.M.,Water Service Center.111 H.O. Mills Road,Port Arthur1Texas
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.
GIiaEtt-
Cli n Williams, CPPB
Purchasing Manager
7'/ �� ac)
Si re of Proposer Date
c,,,. -CITY OF PORT ARTHUR,TEXAS
a,t ,ra ADDENDUM NO.TWO(2)
Tuai
July 6,2020
BID FOR:Mowing of Utility Operations Properties
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, July 15, 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,July 15,2020 in the City Council
Chambers,City Hall,5th Floor,Port Arthur,TX. You are invited to attend.
2. Another Addendum will follow.
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.
Ui
CliftcidWilliams, CPPB
Purchasing Manager
07 —lI '-act
tI*e of Proposer Date
u ' ADDENDUM #3
c,. -CITY OF PORT ARTHUR,TEXAS
orr .rtiuC ADDENDUM NO.THREE(3)
July 10,2020
BID FOR:Mowing of Utility Operations Properties
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. Disregard the old Bid Sheet.
2. All areas will be cut every 10 days.
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.
6t)die.:04,ta-
Clifttr6 Williams, CPPB
Purchasing Manager
re of Proposer Date
Page 1 of 7
ADDENDUM #3
ITY OF PORT ARTHUR.TEXAS
BID SHEET
Paee 1 of 6
BID FOR: Mowing at Utility Operations
BID DUE DATE: July 15,2020
Name Location Service Address Price per cut
Group A
Lift Stations&Sewer Plants
Main Line 5440 Procter 5400 Procter Si S
Valley Forge Valley Forge&Taft Ave. Procter St.Ext. S
Manchester 6600 Gulfway Dr. 6580 Gulfway Dr. S
Pinetop Hwy 366&Pinetop 4801 Atlantic Rd S
Atlantic Road St. Atlantic Road.&39th St. 3949 Pure Atlantic S
Fairlea Hwy 366&32nd St. 7250 32nd St. S
Highland Heights Highland Heights @ Taft Elementary 2400 Taft Ave. S
Delmar 4043 Lakeshore Dr. 4110 Lakeshore S
Lewis Dr. 4831 Lewis Dr.(rear) 4729 Lewis Dr. S
Peeke Ave 3900 Gulfway(rear) 1621 Brinkman S
8th Ave 3600 Procter St. 3620 Procter St. S
Pioneer Park 3400 I8th St. 3435 18th St S
Water Towers&Misc
Pioneer Park 3600 BIk Gates Blvd. S
Tower
Procter St Ext. Procter St.Ext.&Taft Ave. S
Tower
Total Amount Bid for Group A S /JO 1{
i
_v0
re of Bidder Date
Page 2 of 7
ADDENDUM #3
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Pane 2 of 6
Name Location Service Address Price per cut
Group B
Lift Stations&Sewer Plants
Hazel Ave 6140 Hazel Ave. 6160 Hazel Ave. S 1,C, `00
63'd St. 63'd St. 3100 blk.63'd St. $ 5 • V• 0
62nd Si 2756 62nd St 6257 Jade Ave. S S / 0 0
West Port Arthur fry V�qq
Rd 6441 West Port Arthur Rd 6475 West Port Arthur Rd S V, a
58th St. 2148 58th St. 2120 58th St. S 10 i 00
Camelia Plaza Camelia Plaza/WPA Rd WPA Rd. S /0, 0 0
Lakeside Park 2100 Cambridge 2105 Cambridge $ a '00
El Vista LS 5400 Terrace 5448 Terrace Ave. $ , 5(03
Roosevelt 5929 Roosevelt Ave 5929 Roosevelt Ave. $ /0, 0()
Vista Village 5230 Linkwood 5050 Houston Ave. $ 1 0100
Operations Ctr. 4700 Houston Ave. 4850 Houston Ave. S I 0 i i)O
Montrose 8500 Wilson 8530 Wilson $ a c# 0 0
Hwy 365 1900 blk Hwy.365 1901 Hwy 365 $ 'aL3 I o)
Dominion Ranch Dr.@ Main B
Aero Drive Canal s 1 ) . 13(�
Business Park Jade ave.ext at the service road S 1 0 , 6 0
Water Towers&Mist
West Port Arthur Road Tower WPA Road&60th St $ S,0 D
62nd Si&Jade Ave.Tower(vacant site) $ a S ,o Q
Hwy 365 Tower FM 365&Main C Canal S . .5 ' 0 0
Standpipe 61"&Garnet S ;c/ 00
Total Amount Bid f B $ .3 1 5 , 00
07-1V -a0
ure of Bidder Date
Page 3of7
ADDENDUM #3
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 3 of 6
Name Location Service Address Price per cut
Group C
Lift Stations&Sewer Plants
Sabine Pass Main S 4Th&Tremont 5080 S. 4Th Ave. S
S. ls`.Ave. S. l `.&Quinn 7575 S. 1"Ave. S
Dick Dowling S 1"&Dowling 6897 S. I"Ave. S
Welch St 5100 Welch 5130 Welch St. $
SH 87 South 6500 S Gulfway 6500 S.Gulfway S
Sabine Pass WWTPS. 4th St&Tremont S
Water Towers&Misc
Sabine Pass GST Next to SP Fire Station 5030 S.Gulfway S
Sabine Pass Standpipe S.2°d Ave. Row&Mechanic St S
Across form Chevron
refinery @ Gulf Copper
Gulf GST&PS dock S
Across from Scurlock
Sea Rim Tank tank farm $
Total Amount Bid for Group C S JO(7 / "
Si ure of Bidder Date
Page 4 of 7
ADDENDUM#3
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Pa2e 4 of 6
Name Location Service Address Price per cut
Group D
Lift Stations&Sewer
Plants
Lake Charles 1850 Lakeshore Dr 1850 Lakeshore Dr $ / ' 00
Lakeshore 101 Houston Ave 121 W. Lakeshore Dr $ G , 00
Grannis 648 W. Procter St 400 Grannis Ave. $ t V i 0 Q
Stillwell 1600 19th St. 1600 19t Si $ 00, 00
Sea Cabin LS S.FL82 @ T.B Ellison Pkwy $ / on
T.B Ellison Pkwy.@ Disc Golf '�}�
Disc Golf Course Course $ ' V
Water Towers&Misc
Railroad Ave.&Thomas Blvd. �
Tower $
Old Golf Course Road&Rodeo Ln
(Whole Property,art up to road on all sides,one
24"pass on outside Pleasure Island EST by Pleasure Island.)
road that s not ma ataiaod $ f Q/,
Next to the bridge / �J
going to Cameron,
Metering Pad on Pleasure Island LA $ )r 0 0
Terminal Road E.S.T. 1440 Terminal Road $ 1 opt 06
Total Amount Bid for Group D $ 23 S. 00
l
07-PL1 -do
Si idler Date
Page 5 of 7
ADDENDUM #3
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 5 of 6
Name Location Service Address Price per cut
Group E
Lift stations&Sewer Plants
Ave. 3400 3rd Ave. 3328 3Rd Ave. $
7th Ave. Between 30th&31 St 3129 7th Ave. S
11th Ave. Between 27th&28th St. 2805 11th Ave. S
Pear Ridge WWTP 3100 blk 42nd St. 3149 42ad SG S
Highway 73 3300 W. Hwy 73 3340 W.Hwy 73 S
39th St.LS 3800 39th 3800 39th $
Smith Young 4820 39th St. 4548 39th St. S
North Plant LS Old North WWTP Site 6439 Twin City Hwy $
74th St. 74th St.&9th Ave. 7498 9th Ave. $
46th St 46th St dead end 4300 46th St. S
Forest Dr. ( n whole;a) Forest&Highland Dr. 4546 Highland Dr. $
Twin City Hwy. 4780 FM 365 $
Adams Elem. Near School 54459th Ave. $
West Park(«a whole let) West Park&Rosedale 3100 West Park Drive $
Water Towers&Misc
Lake Arthur Stand
Pipe Behind new YMCA @GSU Row S
Total Amount Bid for Group E $ /l/c.3
ignature of Bi er Date
Page 6 of 7
ADDENDUM#3
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 6 of 6
Name Location Price per cut
Group F
Service Center&Treatment Plants �\1
Water Utilities Service Center 111 H.O.Mills Blvd $ a c o,O O
New Water Purification Plant /^ �� f �Q
Dry bed to be included 1101 H.O.Mills Blvd. $ (U
2200 Blk Norma Old Water Treatment Plant $ 7 ) i () ()
Total Amount Bid for Group F $ G , cc)
Group G
Miscellaneous Sites r}
Wetlands Reserve Hwy 7 v
3&Savannah $ 5L.J , 0
Old Water Purification Plant 1401 19th Si $ a 50 , V()
Raw Water Reservoir Hwy 365&Savannah Ave. S a c;
Total Amount Bid for Group G S '54S Sr-0,
VO
0 w
Group H
Wastewater Treatment Plants
Main WWTP 6300 Procter St. Ext. $ 500. 00
Hwy 365&Rodair Gully
Port Acres WWTP (2901 Hwy 365) $ 2 SCE , 0 0
Total Amount Bid for Group H S 7 CO 1 0 4
avr.5 -Tra sonrfi P, U, oX RC/g
COMPANY NAME STREET ADDRESS
SI O DER P.O.BOX
p c Ill t.) i 11 :u �,--,5 14,in 6r-I6 ,-w 7 76�C7
P OR TYPE NAME CITY STATE ZIP
T ��.)nt r� 1-Jc - 502-1
E AREA CO E TELEPHONE NO
(,J 1n 1 o V1-i S s 41This i2 4 C(01 e C C)"1
EMAIL FAX NO.
Page 7of7
Equipment List
Equipment QV Size of Cutting Deck
Bush Hog ( 6 f{-
Zero Turn or Riding Mower Cj O r n C in
Weedeater N/A
Hedge Trimmers I N/A
Walk Behind I N/A
Chainsaw y N/A
Blower a N/A
Edger I N/A
Slope Mower N/A
Bat Wing N/A
Number of Employees 3
07 -1L1 ad
Si ire of P poser Date
THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM.
Page 16 of 27
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 an bmission of this bid proposal.
Signature:
Printed Name: a Vi ck Wll ; S
Title: nttiJ%r) e
Company: Li vo port
Date: 07- Ill -a0
T-vid f)l 4.) tc s 'W)/reor,s��
SUBSCRIBED and sworn to before me the undersigned authority by the of, on
behalf of said bidder. boner "7))411-0
NIKUL ARVIN08HAI PATEL
•>--°�, Notary Public in and for the
;i z rota y Pubi;c, State of Texas
Co'im Expires 12-11-2o21 State of Texas
Notary ID 131376376
My commission expires: 12-)))/z2)
Page 17 of 27
•
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters,etc.,shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
VI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
1 ,' 1M 7r pisndifi (� � - �� -a0
Firm Name / Date
_Ailtldized Signature Title
Ir)Ct c G.� r 1 I l.0 5 1-(0i-SOL! -31t s 5
Name(please print) Telephone
(A) t \Qc/✓1 5 r-t-(Q vSpat ae5t, Cci
Email
STATE:
COUNTY: ' V)
SUBSCRIBED AND SWORN to before me by the above named VI- w n
on r' _e �'/� day of SJIy ,20 2-0 .
NIKUI ARVINDBHAI PATEL
q.
Notary P 1bfic. State of Texas
Comm. Expires 12-'1-2021 Notary Public --7
Notary ID 131376376
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 18 of 27
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the taw by H.R.23,84th Leg.,Regular Session. OFFICE USE ONLY
This questionnaire is being Red in accordance with Chapter 178,Local Government Code,by a vendor who
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the hate Received
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 laser
than the 7th business day after the date the vendor becomes aware of fads that require the statement to be
filed. See Section 178.006(a-i),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 178.008.Local Government Code.An
offense under this section is a misdemeanor.
,J Name of vendor who has a business relationship with local governmental entity.
N/ft
J
❑ Check this box if you are f Bing an tgidate to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate Ming 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 dsdosed.
Name of Officer
a! Describe each ernploytnent or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2XA). 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
C10 as necessary.
A. is the local government officer or a family member of the officer receiving or.'ikely 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?
nYes n No
Describe each o empi yment 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 Check 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-I).
d� ao
a afure of venddoing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/302015
Page 19 of 27
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Loca:Government Code may be found at nttp::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§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 it
(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$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed'
or
(ii) the local governmental entity is considerng entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one Of more gifts
that have an aggregate value of more than$f 00 in the 12-month period preceding tie date the
officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:or
i) the local governmental entity is considering entering into a contract with the vendor
Local Government Codeg176.006(a)and fa-I)
a' A vendor shall file a completed conflict of interest questicnnaire.f the vendor has a business relationship
with a focal 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)(AI
(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-11 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 ct.
(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 or the officer described by Subsection(a)
(B) that the vender has given one or more gifts described by Subsection(a) or
(C) of a family relationship with a local government officer
corm rovlded by lamas_gYcs Commission .vww athics state tx us R.3vised'i-30,20+5
Page 20 of 27
SB 252
CHAPTER 2252 CERTIFICATION
I, DJ Vl a U) , I \ 1 i S ,the undersigned and representative
of 3 1 I %`c/j/Yl s T ro rfi
(Com�y or Business Name)
being an adult over the age of eighteen(18)years of age, pursuant to Texas Government Code,Chapter 2252,
Section 2252152 and Section 2252153,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
fc JGi 11i c WI ) IN' et Wl-c
Name of Company Representative(Print)
of C pany Representative
07 -r U
Date
Page 21 of 27
House Bill 89 Verification
00 ‘..)1 r Off\ 11\.21M g (Person name), the undersigned representative
(hereafter referred to as "Representative") of
[�) I I \ C/1-1& `fro s ar1�
(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.
TURE F ESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1444,day
of ��l , 20-34).
'.O
Notary Public
NIKUL ARVINDBHAI PATEL
�. =Notary Pub
E xpiti Ss
12 e-1 of1-
Texas
`� res 2021
. �'
iF OF SG��•
rnn,%" Notary ID 131376376
Page 22 of 27
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.
Excluding Federal Funds
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.
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.
Page 23 of 27
•
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.: Utility Operations. P.O.
Box 1089, Port Arthur,Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas,Jefferson County.
Page 24 of 27
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.
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
Page 25 of 27
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.
TERMLNATION 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 l im its
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.
Page 26 of 27
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 27 of 27