HomeMy WebLinkAboutPR 22355: CONTRACT FOR DYED DIESEL FUEL City of
nrt rth'ur
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 24,2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Clifton Williams, Purchasing Manager
RE: PR#22355: Contract for Dyed Diesel Fuel
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into a
contract with Tri-Con of Beaumont,TX. for dyed diesel fuel
Background:
Dyed diesel fuel is used for off-road vehicles and equipment. Department that used this fuel is Public Works,
Utility Operations, and Pleasure Island.
The Purchasing Department advertised for bidders. Purchasing received three bids and Tri-Con was the lowest
and best bid,
Budget Impact:
Department fuel accounts will be used. 001-21-055-5230-00-70-00 (DRAINAGE), 403-50-320-5230-00-00-
00 (LANDFILL), 450-60-410-5230-00-00-000 (PLEASURE ISLAND), 410-40-210-5230-00-00-000, 410-
40-215-5230-00-00-000,410-40-220-5230-00-00-000,410-40-225-5230-00-00-000(UTILITY SERVICES).
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR#221355 authorizing the City Manager
to execute a contract with Tri-Con of Beaumont,TX
"Remember,we are here to serve the Citizens of Port Arthur"
444 4t Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
S:\Purchasing\Resolutions\2022 Resolution\Dyed Diesel Fuel Memo.docx
P.R. No.22355
01/24/2022 CEWJ
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A ONE YEAR CONTRACT WITH TRI-CON, INC. OF BEAUMONT,
TEXAS FOR THE PURCHASE OF DYED, OFF-ROAD DIESEL FOR
PUBLIC WORKS, PLEASURE ISLAND AND UTILITY OPERATION
DEPARTMENTS, WITH AN ANNUAL PROJECTED BUDGETARY
IMPACT AMOUNT OF $150,000.00. FUNDS AVAILABLE IN FUEL
ACCOUNTS 001-21-055-5230-00-70-00 (DRAINAGE); 403-50-320-5230-00-
00-00 (LANDFILL); 450-60-410-5230-00-00-000 (PLEASURE ISLAND);
410-40-210-5230-00-00-000; 410-40-215-5230-00-00-000; 410-40-220-5230-00-
00-000; AND 410-40-225-5230-00-00-000 (UTILITY SERVICES).
WHEREAS, the City's Public Works, Utility Services and Pleasure Island Departments
have been allotted funds in each department's annual budget for the procurement of fuel, (i.e.,
dyed, off-road diesel) for the use in heavy equipment machineries; and,
WHEREAS, the Port Arthur Purchasing Division issued an Invitation to Bid and three
(3) bids for the above reference material were received and evaluated, as shown in the bid
tabulation attached as Exhibit " A"; and
WHEREAS, the Port Arthur Purchasing Division recommendation is to award a one-
year contract for dyed, off road diesel fuel with the option for two (2) additional one-year period,
to Tri-Con, Inc of Beaumont, Texas, for unit price amount of $0.0525 above Oil Price
Information Service (OPIS); and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to enter into a unit price contract, in
substantially the same form attached hereto as Exhibit "B", with Tri-Con, Inc. to purchase dyed
diesel fuel at a rate of$0.0525 above OPIS.
THAT, the contract is for a period of one (1) year with an option to renew for two (2)
additional one-year periods.
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 A.D. 2022 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES:
P.R. No. 22355
01/24/2022 CEWJ
Mayor:
Councilmembers:
•
NOES:
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard. City Secretary
APPROVED AS TO FORM:
Val Tize City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Ronald Burton Kandy Danier
City Manager Interim Director of Finance
IFr (AA
Clift 0, Williams, CPPB Flozelle Roberts
Purchasing Manger Public Works Director
George Davis Calvin Matthews
Pleasure Island Director Utility Operations Director
P.R. No. 22355
01/24/2022 CEWJ
Exhibit "A"
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P.R. No. 22355
01/24/2022 CEWJ
Exhibit "B"
P.R. No. 22355
01/24/2022 CEWJ
Exhibit "B"
CONTRACT FOR DYED DIESEL FUEL
THIS AGREEMENT, made this day of , 2022, 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 Tri-Con Inc of Beaumont,
Texas, a(n) , herein acting by and through
(Individual,firm,partnership or corporation)
hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Agreement shall be for one year from the date stated on the Notice to
Proceed, with an option to renew for two (2) additional one (1) 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 bid was based on a price differential above the Oil Price Information Service
(OPIS). Each subsequent yearly contract renewal shall require approval of the City
Council.
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 unit prices
shown in the original bid attached hereto.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for Bids
3) Addenda
4) General Information
5) Specification
6) Bid
7) Notice of Award
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 this the day of , 2022.
OWNER:
CITY OF PORT ARTHUR
By:
Ron Burton
City Manager
P.O. Box 1089
Port Arthur, TX 77641-1089
Signed and agreed on the day of , 2022.
CONTRACTOR:
TRI-CON
By:
Print Name:
Print Title:
THURMAN BILL BARTIE,MAYOR RONALD BURTON
CHARLOTTE MOSES,MAYOR PRO TEM CITY MANAGER
City of
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL JONES C��� t YtjtlL ,.-
THOMAS KINLAW,III r VAL TIZENO
KENNETH MARKS Texas CITY ATTORNEY
DONALD FRANK,SR.
MAY 24,2021
INVITATION TO BID
Purchase of Dyed Diesel Fuel
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, June 9, 2021. (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, June 9, 2021 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P21-046
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 writin,to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur,TX 77641
cifton.wi lliams(a,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.
�yL l�t/��E�G.11t,2
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 18
INVITATION TO BID
Purchase of Dyed Diesel Fuel
(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 18
SUBMIT THE FOLLOWING.
A. BID SHEETS-PAGE 7
B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED)
D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE
1 AND SIGN & DATE ON LINE 7- PAGE 10
E. CHAPTER 2252 CERTIFICATION-PAGE 12
F. HOUSE BILL 89 VERIFICATION-PAGE 13
Page 4 of 18
SPECIFICATIONS FOR
DYED DIESEL FUEL
All deliveries will be F. O. B City storage tanks. Deliveries will be by a Tank Transport Truck.
Bidders must bid a price differential above or below the average price of the PADD 3 Report published for
Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel delivered during
the contract term will be determined by applying the differential bid to the PADD 3 average price in affect on
the date of delivery. The PADD 3 price in effect will change each Monday to the price published the previous
Thursday.
All delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be properly
equipped with accurate measuring devices, vapor recovery systems, and spill pickup equipment. City of Port
Arthur personnel must verify this equipment upon completion of delivery. Deliveries shall be made on a net
gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of
Texas that verify tank capacities for a given truck.
Generally orders for deliveries will be made by the Public Works Departments in quantities of 4,000 gallons or
less. Deliveries will be made within one(1)workday of the order to the locations listed below:
Department may call contractor out to fill up generators at various locations.
Department Location Estimated Annual Usage Hours of Delivery
Public Works Landfill Hwy. 73 26,000 gallons 7:00 A. M. - 5:00 P. M. (M-Sat)
Pleasure Island Pleasure Pier Blvd. 4,600 gallons 8:00 A. M. - 5:00 P. M. (M-Fri)
The Landfill tank is a 5,000 gallon above ground storage tank.
The Pleasure Island tank is a 1,000 gallon above ground storage tank.
The amounts specified are estimated based on past experience and the City is not obligated to purchase these
amounts.
The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other declared
emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of Port Arthur for
delivery, including length of time after receipt of order that vendor shall make delivery of fuel. Vendors shall
state other entities having a priority of delivery over the City of Port Arthur.
Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The manifest must
be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from any other source will be
rejected. Any transport arriving without proper paperwork will not be permitted to unload. The City of Port
Arthur reserves the right to test fuels at any time for specification compliance. The cost for such tests shall be
paid by the seller in the event the product fails to comply. Such failure will result in the prompt removal of
failed products, using the vendor's equipment, at no cost to the City of Port Arthur, within twenty-four (24)
hours of notification. Acceptable fuel shall immediately replace unacceptable fuel based on the quality of
questionable fuel originally delivered to a given location at no charge for the entire shipment. Violation of
specification requirements may give the City of Port Arthur cause to cancel the contract and will be a
consideration of future awards.
Page 5 of 18
Fuel prices bid will include all taxes and loading fees. The City is only sales tax exempt.
The bidder must submit Material Safety Data Sheet(s)with bid.
All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or the
Society of Automotive Engineers or the American Society for Testing and Materials.
The contract will be for 12 months and the city will have the option to renew the contract for two
additional one(1) year periods.
Page 6 of 18
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Dyed Diesel Fuel
BID DUE DATE: June 9, 2021
DESCRIPTION PRICE ABOVE OPIS DIFFERENCE
Dyed Diesel Fuel S .0525
FLAT CHARGE FOR SPLIT DELIVERY TO
MORE THAN ONE (1) LOCATION S 37.00
Tri-Con Inc. 7076 West Port Arthur Road
COMPANY NAME STREET ADDRESS
• ► A Or'irler'LO-n.P. 20555
GN• TURE OF BIDDER P.O. BOX
Jody spoonemore Beaumont Texas 77720
PRINT OR TYPE NAME CITY STATE ZIP
Sales Representative 409-835-2237
TITLE AREA CODE TELEPHONE NO
jodyspoonemore@triconinc.org 409-835-1925
EMAIL FAX NO.
Page 7of18
NOI\-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:
45•0-11.trrurft.t,
Printed Name: U jody spoonemore
Title: Sales Representative
Company: Tri Con Inc.
Date:
06-03-21
SUBSCRIBED and sworn to before me the undersigned authority by the of, on
behalf of said bidder.
� JOSIE ELANI ) Notary Publi-c'in and for the
f�;�',�. Notary Public State of Texas
� ' STATE OF TEXAS
ID#131319786 )''*w,„;, My Comm.Exp.0ct.18,2021 1 l-�
My commission expires: jL' �� li.zr
Pace 8 of 18
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:
x 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.
Tri-Con Inc. 06-03-21
Firm Name Date
xparn trn.0 t, Sales Representative
uthorized Signature Title
Jody Spoonemore 409-835-2237
Name (please print) Telephone
jodyspoonemore@triconinc.org
Email
STATE: =P;9 JOSIEtary ELAM
�,•� ;-, No Public
STATE OF TEXAS
1,�aF « ID#131319786
COUNTY: ,, My Comm.Exp.Oct.18,2021 '
SUBSCRIBED AND SWORN to before me by the above named Je
on this the 2 day of j;.u: , 20 'ol.( .
Notlaiy Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 9 of 18
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 175, Local Government Code, by a vendor who Data 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 178.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
N/A
?J n
I I Check 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
Al Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
n Yes n No
3. Is the vendor receiving or likely to receive taxable income,other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes ri No
-J 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 series as an officer or director. or holds an
ownership interest of one percent or more.
ElCheck 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).
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130/2015
Page 10 of 18
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§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 focal 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 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 4 176.006(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 11/3012015
Page 11 of 18
SB 252
CHAPTER 2252 CERTIFICATION
i, Jody Spoonemore , the undersigned and representative
of Tri-Con Inc.
(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.
jody Spoonemore
Name of Company Representative(Print)
haCurdKip-D'O'Y14.77t.UR,�
e of Representative
DCompany
06-03-21
Date
Page 12 of 18
House Bill 89 Verification
I, Jody S000nemore (Person name), the undersigned representative
(hereafter referred to as "Representative") of
Tri-Con Inc.
Tri-Conn Inc. (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.
40-a-nt-numt,
SIGtATtiRE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day
of , 20 .
Notary Public
P:aJC 13 of 18
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.
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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.: Department, P.O. Box
1089, Port Arthur,Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 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.
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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
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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:
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.
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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.
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