HomeMy WebLinkAboutPR 22470: AUTHORIZING CONTRACTS WITH GULF COAST AND L.D. CONSTRUCTION FOR TYPE D HOTMIX ASPHALTIC CONCRETE •
P.R.No. 22470
03/23/2022
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
CONTRACTS FOR THE PURCHASE OF TYPE D
HOTMIX ASPHALTIC CONCRETE FOR THE STREET
DIVISION OF PUBLIC WORKS WITH GULF COAST
AND L.D. CONSTRUCTION OF BEAUMONT TEXAS
WITH A PROJECTED BUDGETARY IMPACT OF
$1,297,500. BUDGETED FUNDS ARE AVAILABLE IN
CAPITAL ACCOUNT 307-21-053-8517-00-10-000
VARIOUS STREET PROJECTS.
WHEREAS, the contract to purchase road building materials was advertised in the Port
Arthur News on March 4 and March 11, 2022; and,
WHEREAS, two (2) vendors submitted bids as of March 23, 2022 with these two being
selected as primary and secondary vendors attached as Exhibit"A"; and,
WHEREAS, Gulf Coast was the lowest bidder and the primary contractor and L.D.
Construction will be the secondary contractor; and
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, City Manager of City of Port Arthur is hereby authorized and directed to execute
six month contracts(with the option to renew for six additional months between City of Port Arthur
and Guld Coast and L.D. Construction, for the unit prices shown in the Bid Tabulation (attached
as Exhibit"A"), and as shown in the individual contracts attached as Exhibits "B" and"C`; and,
THAT, City of Port Arthur can terminate any of these contracts at its convenience with
thirty (30) days written notice; and,
THAT, funding for these chemicals is provided in Street Maintenance budget; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
P.R.No. 22470
03/23/2022
Page 2 of 2
READ, ADOPTED, AND APPROVED THIS day of
2022 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: APPROVED FOR ADMINISTRATION:
Sherri Bellard Ronald Burton
City Secretary City Ma• _er
f°//ji
APPROVED AS TO FORM: A !` dirAh '
' ozell ' oberts
Public orks Dir. - s r
VA-b-1 klitqf
Valecia eno
City Attorney
APPROVED AS TO AVAILABILITY OF FUNDS:
Kandy Danie
Interim Director of Finance
aly LI&
Clifton Williams, CPPB
Purchasing Manager
Exhibit "A"
(Bid Tabulation)
CITY OF PORT ARTHUR TEXAS
Bid Tabulation
rthuu
Road Building Materials
Type "D" Asphaltic Concrete Pavement
Bid Opening Date: March 23,2022
Bid Location: 5th Floor Council Chambers City Hall
P22-033
Name of Bidders
Gulf Coast L.D. Construction
Description UOM Stockpile Plant Worksite Stockpile Plant Worksite
Type"D"Hotmix
Asphaltic Concrete PVT Ton $85.50 $74.00 $85.50 $87.00 $74.50 $87.00
Primary or Secondary Primary Secondary
Location Beaumont,TX Beaumont, TX
Exhibit "B"
PURCHASING CONTRACT AGREEMENT
PURCHASING CONTRACT
AGREEMENT
THIS AGREEMENT is made this the of , 2022, by and
between an individual, firm partnership or corporation, Gulf Coast, of Beaumont, Texas,
hereinafter called "Contractor', 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 Contract shall be for six months, with an option to renew for six
additional months, from the date stated on the Notice to Proceed unless sooner
terminated under the provision hereof. The City can terminate this contract at its
convenience which includes, but not limited to, funding not being available in any budget
cycle, with thirty (30) days written notice.
2. The Vendor will provide Type "D" Hotmix Asphaltic Concrete Pavement as
delineated and submitted in their bid on March 23, 2022.
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:
Road Building Materials
4. This is not an exclusive contract, and the City reserves the right to purchase
these materials from any of the vendors awarded this contract based firstly, on price and
secondly, on availability, according to the needs of the City.
5. The term "Contract Documents" means and includes the following:
(A)Agreement
(B)Specifications
(C)General Information
(D)Bid
(E)Notice of Award
(F) Notice to Proceed
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.
SIGNED AND AGREED to on the day of , 2022.
WITNESS: CONTRACTOR:
Gulf Coast
SIGNED AND AGREED to on the day of , 2022.
ATTEST: CITY OF PORT ARTHUR:
City Secretary City Manager
THURMAN BILL BARTIE,MAYOR / RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM CITY MANAGER
h' f
COUNCIL MEMBERS:
Ci
\ SHERRI BELLARD,TRMC
INGRID HOLMES CITY SECRETARY
CAL JONES
THOMAS KINLAW,III. o r t r t h u _ VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES Texas
MARCH 10,2022
INVITATION TO BID
ROAD BUILDING MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 23, 2022. (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, March 23, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,
TX. You are invited to attend.
MARK ENVELOPE: P22-033
DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.wil liamsaportarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
Page 1 of 20
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be
placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of
the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed
ITB submittal arrives at the above location by specified deadline regardless of delivery method
chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 20
INVITATION TO BID
ROAD BUILDING MATERIALS
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY
RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you
will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding
the reason(s). Your assistance in completing and returning this form in an envelope
marked with the enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State,Zip Code: Date:
Page 3 of 20
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 8
B. NON-COLLUSION AFFIDAVIT-PAGE 10(MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED)
D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT
APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12
E. CHAPTER 2252 CERTIFICATION-PAGE 14
F. HOUSE BILL 89 VERIFICATION-PAGE 15
Page 4 of 20
SPECIFICATIONS FOR
ROAD BUILDING MATERIALS
1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall
comply with the Texas Highway Department 2014 Standard Specifications for Road and
Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)".
A. Type "PE" Grade 3
B. Type "PE" Grade 4
2. HOTMIX ASPHALTIC CONCRETE PAVEMENT
TYPE "A" BASE MATERIAL (BLACK BASE)
Material provided for under this item shall comply with the Texas Highway Department
2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No.
292 "Asphalt Treatment(Plant-Mixed)".
3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W to dust, No Clay
Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge
Construction, Item 247, Type "A ", Grade 1.
4. 610 BASE LIMESTONE: #610 Grey Limestone Rock.
Specs.Gradation
Sieve Size % Passing
1'/z' 100
1" 90-100
70-95
3/8" 50-80
#4 30-65
#10 25-50
#40 10-26
#200 3-10
S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for
under this item shall comply with the Texas Highway Department 2004 Standard
Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix
Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt
(QA/QC). "
6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials
shall comply with the Texas Highway Department 2014 Standard Specifications for
Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic
Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt (QA/QC)."
7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE
PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department
2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell
him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a
small aggregate (3/8") and an oil with a polymer base and makes a very good mix for
patching potholes. Most of the surrounding cities have started using it in place of our Hot
Mix Cold Laid material.
Page 5 of 20
8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the
point of delivery to be designated by the City. The material shall consist of durable particles
of sand together with approved binding materials, and meet the following requirements:
Sleeve Size Passing
3/8" 100
#4 95 to 100
#8 80 to 100
9. CEMENT-STABILIZED SAND
A. Deleterious Materials
(1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5
percent.
(2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0
percent.
(3) Organic impurities when tested in accordance with ASTM C40, shall not show a color
darker than the standard color.
B. The plasticity index shall be four (4) or less when tested in accordance with ASTM
D4318.
C. Sand shall be free of organic matter and deleterious substances and shall meet the
following gradation requirement.
Square Sieve Size Percent Passing, By Weight
3/8" 100%
No. 200 5 - 30%
D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other
deleterious substances and shall conform to the requirements of ASTM C94
E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be
considered base bid. 1/2 sack increments increase shall also be bid.
F. Water: Fresh and clean potable water.
G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of
water required
to provide mix suitable for mechanical hand-tamping and mix in approved mixer.
10. ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of
cement increment, whether additional or less,will also be quoted.
11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or
other foreign matter intermixed.
12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost
subject to availability of material of the source.
Page 6 of 20
13. EMBEDMENT MATERIALS:
A. Embedment Materials for the City of Port Arthur Utility Operations Department. All
materials shall be loaded and weighed at the supplier's site, and issued a weight
certificate of delivery.
B. All Embedment Materials shall be certified to meet the following requirements:
0% Retained on square sieve openings
TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10
Grade 3 0 0-2 20-35 85-100 95-100 99-100
Commercial
Rock
Grade 4 0 0 0-2 20-35 95-100 99-100
Commercial
Rock
5/8" 0 3-15 50-70 90-100 95-100 97-100
Limestone
Aggregate
Spec book is available at ftp://ftp.dot.state.tz.us/pub/txdot-info/des/spec-book-II14.ndf
Materials not in compliance with the specifications may be rejected and/or returned
at vendor's expense. No payment will be made for materials not in compliance with
the specifications.
AWARD
1. The contract is for six months with the option to renew for six months.
2. The City will award to multiple contractors.
3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply
the materials in a timely manner, the City will contact the next lowest awarded contractor.
Page 7 of 20
CITY OF PORT ARTHUR,TEXAS
BID SHEET
PAGE 1 OF 2
BID FOR: Road Building Materials
BID DUE DATE: March 23, 2022
ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE
1. A. Type"PE" Grade 3 Precoated
Aggregate $ /ton $ /ton $ /ton
B. Type"PE"Grade 4 Precoated
Aggregate $ /ton S /ton $ /ton
2. Blackbase $ /ton $ /ton $ /ton
3. Limestone $ /ton $ /ton $ /ton
4. 610 Base Limestone $ /ton $ /ton $ /ton
5. Type "D" Hotmix Asphaltic
Concrete PVT $,S-7•° /ton $'1H. 0/ton $ S'").15‘)/ton
6. Hotmix Cold Laid Type"D"
Asphaltic Concrete Pavement $ /ton $ /ton $ /ton
7 High Performance Hotmix Cold
Laid Type "D"Asphaltic Concrete $ /ton $ /ton $ /ton
Pavement
8. Romayor Sand $ /ton $ /ton $ /ton
9. Cement Stabilized Sand
(Base Bid) $ /ton $ /ton $ /ton
10. A. ''A sack incremental increase
to base bid $ /ton $ /ton $ /ton
B. '/2 sack incremental decrease
to base bid $ /ton $ /ton $ /ton
11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton
3123 ) 2ozz
Signature Date
Page 8 of 20
CITY OF PORT ARTHUR, TEXAS
BID SHEET
PAGE 2 OF 2
ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE
12. A. Hearth slag, 0"-11/2 "size $ /ton $ /ton $ /ton
B. Hearth slag, 1Y2"-3"size $ /ton $ /ton $ /ton
13. Grade 3 Commercial Rock $ /ton $ /ton $ /ton
14. Grade 4 Commercial Rock $ /ton $ /ton $ /ton
15. 5/8"Limestone Aggregate $ /ton S /ton $ /ton
Location of stockpile, plant or shipping point: 2-Sta U £ OI l r c.4 r-
i3Po.uMcg 4 TI 17"10
L r Co r\s,r-y-vc 4 o''1 1L ls S` 7o i e v-, l ct
COMPANY NAME STREET ADDRESS
Legg
SIGNATUF�E OF BIDDER P.O. BOX
'ry sor, GGJnont -j �C -17'70-)
PItIINT TYPE NAME CITY STATE ZIP
Ll.V9 sCc Cz
TITLE AREA CODE TELEPHONE NO.
Ty-.0w , Lon51-y,x, -icnO -covin 1-1C)ct (Az 1-11-11-0
EMAIL FAX NO.
Page 9 of 20
CITY OF PORT ARTHUR, TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for
the firm bidding this project has violated the antitrust laws of this State, codified at
Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or indirectly the bid made to any competitor or any
other person engaged in the same line of business, nor has the signatory or anyone
acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
Printed Name:
Vo ()AL-Join
Title: n�
/r 1GvNo-ryT
Company: L� s-try�c �v1
Date: 3 Jz3 J 2,0zZ
SUBSCRIBED and sworn to before me by the above named r 1_1' -A`- on
this the /Yici day of NN'(flk , 20 ,2 . r
Notary Public iVand for the
�. State of Texas
tel.*, VICKI LYTLE
i'*• My Notary ID#1060247 My commission expires: f)/2.9/,'Zi/
_ ;,L i_ Expires May 29,2025
AFFIDAVIT
Page 10 01-'20
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 undersignedunoffers and agrees to one of the following:
✓ I hereby certify that I do not have outstanding debts with the City of Port Arthur. I
further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as
they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts
as they become due.
LD ConS1'+v 'vsn 4/3 /20L2
Firm Name Date
Authorized Signature Title
v,u1 DUcASoL 0c1 k(�le —12lQ1
Name(please print) Telephone
L7 c-ov,yi-ry e g fr,ct.1 • CO
Email
STATE: TX
COUNTY: rScivl
SUBSCRIBED AND SWORN to before me by the above named /[AV
on this the Lid day of l , 20 .
44
Notary Public 7
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
,�!y.°S+?� VICKI LYRE
k;: My Notary ID#1060247
/.‘ 29 2025
Page 11 of 20
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
Check this x 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.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
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 El No
B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J fl 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-1).
?I
4'4.2,37eZ
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 12 of 20
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state.or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to.that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into acontract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor 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.stata tx.us Revised 11:3012015
Page 13 of 20
House Bill 89 Verification
I, I \rvi 76c15C,,'l (Person name), the undersigned
representative (hereafter referred to as "Representative") of
7 G -,S c_,-f- 0 r.
(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.
L, ----\,,,P1-4---
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED.AND SWORN TO BEFORE ME, the undersigned authority, on
this G /-,;/ day of /1Z(1.1 i/c , 20 fZ .
••4'PY,'(', VICKI LYTLE
_� My Notary ID#1060247
/ ' +^ Exi'res Ma 29 2025
2 - ;moi ,". w` ,,•.,..•�:
Notary Public
7.
z#„IC if:'-‘t._,.,...;:i:1$
MIN — a =:
'te d,.
Paee 14 of 20
SB 252
CHAPTER 2252 CERTIFICATION
I,
row( f-JC ASo"'1 , the undersigned an representative
ofL l7 CGvI ST✓vc,i i U v>
(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.
i- -)c){S0‘e--)
Name of Company Representative (Print)
#gs.0
Signature of Company Representative
3
)l.3J7QZ7—
Date
Page 15 of 20
INFORMATION TO BIDDERS:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the
City of Port Arthur the required information specified in Bid or Proposal Specifications
listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The
absence of such a list shall indicate that the bidder has not taken exceptions and the City shall
hold the bidder responsible to perform in strict accordance with the specifications of the
invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineations, alteration, or erasure made before opening time must be initialed by the signer of
the bid,guaranteeing authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance
with these specifications. The award shall be made to the responsive, responsible bidder who
submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the
City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such
bids as it shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur
and whose bid is within 5%of the lowest bid price,as provided by Section 271.905 of
the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest
Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added
Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure
of certain information concerning persons doing business or seeking to do business with the City
of Port Arthur, including affiliations and business and financial relationships such persons may
have with City of Port Arthur officers. The form can be can be located at the Texas Ethics
Commission website: https://www.ethics.state.tx.us/fiIinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a
response to this RFP, you acknowledge that you have been notified of the requirements of
Chapter 176 of the Texas Local Government Code and you are representing that you in
compliance with them.
Page 16 of 20
Any information provided by the City of Port Arthur is for information purposes only. If
you have concerns about whether Chapter 176 of the Texas Local Government Code
applies to you or the manner in which you must comply,you should consult an attorney.
ETHICS: Public employees must discharge their duties impartially so as to assure fair,
competitive access to governmental procurement by responsible contractors. Moreover, they
should conduct themselves in such a manner as to foster public confidence in the integrity of the
City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow
the City's Code of Ethics.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A
prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder
must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or
warranty service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be
made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur
Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or
properly submit any addendum. Failure to acknowledge and submit any addendum may be
cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that
might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims
the City of Port Arthur as its principal place of business must have an official business address
(office location and office personnel) in Port Arthur, the principal storage place or facility for the
equipment shall be in Port Arthur and/or the place of domicile for the principal business
owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state
law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit
price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public
Works, P.O. Box 1089, Port Arthur, Texas 77641.
Page 17 of 20
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of
the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt
Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment
is due 30 days from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax;therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas,Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,
ordinances, rules, orders, regulations and codes of the federal, state and local governments
relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no
other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to
assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances
prohibits the City from granting any license, privilege or paying money to any-one owing
delinquent taxes, paving assessments or any money to the City until such debts are paid or until
satisfactory arrangements for payment has been made. Bidders must complete and sign the
AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted price. It is further understood that the contractor shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the
Contract shall be read and enforced as though each were included herein. If, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be
- amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, in accordance with the provisions of this
Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of
a detailed description concerning any point shall be regarded as meaning that only the best
commercial practices are to prevail.
Page 18 of 20
While the purpose of the specifications is to indicate minimum requirements in the way of
capability,performance, construction, and other details, its use is not intended to deprive the City
of Port Arthur the option of selecting goods which may be considered more suitable for the
purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of
the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate
any of the covenants, agreements or stipulations of this contract, the City shall thereupon have
the right to terminate this contract by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least fifteen (15) days before the effective date of
such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated
by the City as provided herein, the Contractor will be paid for the service that it has performed
up to the termination date. If this contract is terminated due to fault of the Contractor, the
previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require
the Contractor to furnish releases or receipts for any or all persons performing work and
supplying material or service to the Contractor, or any sub-contractors for work under this
contract, if this is deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property
that occurs as a result of his fault or negligence in connection with the work performed until
completion and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor
or permit any sub-contractor to perform any work included in this Contract until he has received
from the City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract, whether the operations be
by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable,of the following types and limits
1. Standard Worker's Compensation Insurance:
Page 19 of 20
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all
information required (including names of insurance agency, contractor and insurance companies,
and policy numbers, effective dates and expiration dates) and to date and sign and do all other
things necessary to complete and make into valid certificates of insurance and pertaining to the
above listed items, and before commencing any of the work and within the time otherwise
specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any
respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form
should contain a provision that coverage afforded under the policies will not be altered, modified
or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port
Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF
INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as
the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the
execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed
cannot be issued within such period, the time may be extended by mutual agreement between
OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager
available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to
contact the contractor.
Page 20 of 20
Exhibit "C"
PURCHASING CONTRACT AGREEMENT
PURCHASING CONTRACT
AGREEMENT
THIS AGREEMENT is made this the of , 2022, by and
between an individual, firm partnership or corporation, L.D. Construction, of Beaumont,
Texas, hereinafter called "Contractor", 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 Contract shall be for six months, with an option to renew for six
additional months, from the date stated on the Notice to Proceed unless sooner
terminated under the provision hereof. The City can terminate this contract at its
convenience which includes, but not limited to, funding not being available in any budget
cycle, with thirty days written notice.
2. The Vendor will provide Type "D" Hotmix Asphaltic Concrete Pavement as
delineated and submitted in their bid on March 23, 2022.
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:
Road Building Materials
4. This is not an exclusive contract, and the City reserves the right to purchase
these materials from any of the vendors awarded this contract based firstly, on price and
secondly, on availability, according to the needs of the City.
5. The term "Contract Documents" means and includes the following:
(A)Agreement
(B)Specifications
(C)General Information
(D)Bid
(E)Notice of Award
(F) Notice to Proceed
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.
SIGNED AND AGREED to on the day of , 2022.
WITNESS: CONTRACTOR:
L.D. Construction
SIGNED AND AGREED to on the day of , 2022.
ATTEST: CITY OF PORT ARTHUR:
City Secretary City Manager
THURMAN BILL BARTIE,MAYOR RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM '�J CITY MANAGER
i>a
COUNCIL MEMBERS: City of $ SHERRI BELLARD,TRMC
INGRID HOLMES ) CITY SECRETARY
CAL JONES
THOMAS KINLAW,III. r,r t r t h u VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES Texas
MARCH 10,2022
INVITATION TO BID
ROAD BUILDING MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 23, 2022. (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, March 23, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,
TX. You are invited to attend.
MARK ENVELOPE: P22-033
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 Rcritinl to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance D partment I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291
Page 1 of 20
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be
placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of
the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed
ITB submittal arrives at the above location by specified deadline regardless of delivery method
chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 20
INVITATION TO BID
ROAD BUILDING MATERIALS
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY
RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you
will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding
the reason(s). Your assistance in completing and returning this form in an envelope
marked with the enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State,Zip Code: Date:
Page 3 of 20
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 8
B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED)
D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT
APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.-PAGE 12
E. CHAPTER 2252 CERTIFICATION-PAGE 14
F. HOUSE BILL 89 VERIFICATION-PAGE 15
Page 4 of 20
SPECIFICATIONS FOR
ROAD BUILDING MATERIALS
1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall
comply with the Texas Highway Department 2014 Standard Specifications for Road and
Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)".
A.Type "PE" Grade 3
B. Type "PE" Grade 4
2. HOTMIX ASPHALTIC CONCRETE PAVEMENT
TYPE "A" BASE MATERIAL (BLACK BASE)
Material provided for under this item shall comply with the Texas Highway Department
2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No.
292 "Asphalt Treatment(Plant-Mixed)".
3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W to dust, No Clay
Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge
Construction, Item 247, Type "A ", Grade 1.
4. 610 BASE LIMESTONE: #610 Grey Limestone Rock.
Specs.Gradation
Sieve Size % Passing
1'/z' 100
1" 90-100
70-95
3/8" 50-80
#4 30-65
#10 25-50
#40 10-26
#200 3-10
S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for
under this item shall comply with the Texas Highway Department 2004 Standard
Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix
Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt
(QA/QC)."
6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials
shall comply with the Texas Highway Department 2014 Standard Specifications for
Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic
Concrete Pavement-Type "D and Item #341 " Dense-Graded Hot-Mix Asphalt(QA/QC). "
7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE
PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department
2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell
him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a
small aggregate (3/8") and an oil with a polymer base and makes a very good mix for
patching potholes. Most of the surrounding cities have started using it in place of our Hot
Mix Cold Laid material.
Page 5 of 20
8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the
point of delivery to be designated by the City. The material shall consist of durable particles
of sand together with approved binding materials, and meet the following requirements:
Sleeve Size Passing
3/8" 100
#4 95 to 100
#8 80 to 100
9. CEMENT-STABILIZED SAND
A. Deleterious Materials
(1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5
percent.
(2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0
percent.
(3) Organic impurities when tested in accordance with ASTM C40, shall not show a color
darker than the standard color.
B. The plasticity index shall be four (4) or less when tested in accordance with ASTM
D4318.
C. Sand shall be free of organic matter and deleterious substances and shall meet the
following gradation requirement.
Square Sieve Size Percent Passing, By Weight
3/8" 100%
No. 200 5 -30%
D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other
deleterious substances and shall conform to the requirements of ASTM C94
E. Portland Cement: ASTM C150 (latest revision), Type I - 1- V2 sack; or, will be
considered base bid. V2 sack increments increase shall also be bid.
F. Water: Fresh and clean potable water.
G.Mixing: Use not less than 1 V2 sacks per ton of cement mixed as ordered. Use amount of
water required
to provide mix suitable for mechanical hand-tamping and mix in approved mixer.
10. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of
cement increment, whether additional or less, will also be quoted.
11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or
other foreign matter intermixed.
12. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost
subject to availability of material of the source.
Page 6 of 20
13. EMBEDMENT MATERIALS:
A. Embedment Materials for the City of Port Arthur Utility Operations Department. All
materials shall be loaded and weighed at the supplier's site, and issued a weight
certificate of delivery.
B. All Embedment Materials shall be certified to meet the following requirements:
0% Retained on square sieve openings
TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10
Grade 3 0 0-2 20-35 85-100 95-100 99-100
Commercial
Rock
Grade 4 0 0 0-2 20-35 95-100 99-100
Commercial
Rock
5/8" 0 3-15 50-70 90-100 95-100 97-100
Limestone
Aggregate
Spec book is available at t'tp://ftp.dot.slale.tx.us/pub/txdot-info/des/spec-book-11I4.pdf
Materials not in compliance with the specifications may be rejected and/or returned
at vendor's expense. No payment will be made for materials not in compliance with
the specifications.
AWARD
1. The contract is for six months with the option to renew for six months.
2. The City will award to multiple contractors.
3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply
the materials in a timely manner, the City will contact the next lowest awarded contractor.
Page 7 of 20
CITY OF PORT ARTHUR,TEXAS
BID SHEET
PAGE 1 OF 2
BID FOR: Road Building Materials
BID DUE DATE: March 23, 2022
ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE
1. A. Type"PE"Grade 3 Precoated ood o,)
Aggregate $71 /ton S L,r"`'ton $-)3.---/ton
B. Type"PE"Grade 4 Precoated co O 0 0
Aggregate $7.1" /ton $ u 3'(/ton $71- /ton
GeSo oo
2. Blackbase S i0" /ton $ to b• /ton $?t /ton
25/
Con
Limestone $ .T" /ton $12 /ton $ 4125 n
a'
4. 610 Base Limestone S L/ /ton SS 0/ton $ /ton
5. Type"D"Hotmix Asphaltic so od s o
Concrete PVT $ - /ton $ 71f.—/ton S' /ton
6. Hotmix Cold Laid Type"D" Od Coal oo
Asphaltic Concrete Pavement . 90 /ton $ CC ton $40 "ton
7 High Performance Hotmix Cold , ,d ,a
Laid Type"D"Asphaltic Concrete $/0).49/ton $ V /ton $ /moi Iton
Pavement I
8. Romayor Sand $ 14 f /ton $ )sl 1,(3 iton $ i\3j 4 /ton
9. Cement Stabilized Sand
(Base Bid) S 3q'° /ton $1g- /ton $.)1' /ton
10. A. '/2 sack incremental increase ab
to base bid $ 0 /ton $ C. /ton $ 0 /ton
B. 1/2 sack incremental decrease
to base bid $ 1` /ton S I /ton $ OI /ton
11. Concrete Rubble, 0"-8" size mixed $�l'� /ton S t (Z" /ton $ �l4 /ton
,
/14/ March 23, 2022
Signature Date
Page 8 of 20
CITY OF PORT ARTHUR,TEXAS
BID SHEET
PAGE 2 OF 2
ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE
12. A. Hearth slag,0"-11/2 " size $ 10(A/ton $Alit /ton $ 4,3 /ton
B. Hearth slag, 1'/2"-3"size $ Af16 /ton $ )) g/ton $N11c3 /ton
co , co at)13. Grade 3 Commercial Rock $57 /ton $(- 7-/ton 557— /ton
14. Grade 4 Commercial Rock $S?- /ton $4. /ton $467-./ton
15. 5/8"Limestone Aggregate $'.S' r ton $.Lia ,ton $ 5 /ton
Location of stockpile, plant or shipping point: /-W �,i A c S} 1&°u-uw-o.r t
Gulf Coast a CRH Company 12907 US Highway 90
COMPANY AME STREET ADDRESS
l P.O. Box 20779
SIG ATURE OF BIDDER P.O.BOX
Scott Blanchard Beaumont Texas 77720
PRINT OR TYPE NAME CITY STATE ZIP
Assistant Secretary 409-866-1444
TITLE AREA CODE TELEPHONE NO.
scott.blanchard@qc-texas.com 409-866-1032
EMAIL FAX NO.
Page 9 of 20
CITY OF PORT ARTHUR, TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
§
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for
the firm bidding this project has violated the antitrust laws of this State, codified at
Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust
laws, nor communicated directly or indirectly the bid made to any competitor or any
other person engaged in the same line of business, nor has the signatory or anyone
acting for the firm, corporation or institution submitting a bid committed ?ny other act of
collusion related to the development and submission of this bid proposal.
Signature: h 6(
Printed Name: Scott Blanchard
Title: Assistant Secretary
Company: Gulf Coast a CRH Company
Date: March 23, 2022
SUBSCRIBED and sworn to before me by the above named Scott Blanchard on
this the 23rd day of March , 20 22 , -
4 ' 0., ' ,
��a' PAULA HARRIS Notary Public in and for the
Notary ID#1179575 State of Texas
s} 4, My Commission Expires
-TE Off-0, May 9,2025 May9, 2025
My commission expires:
AFFIDAVIT
Page 10 of 20
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
J I hereby certify that I do not have outstanding debts with the City of Port Arthur. I
further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as
they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts
as they become due.
Gulf Coast a CRH Company March 23, 2022
Firm Name Date
Assistant Secretary
Authorized Signature Title
Scott Blanchard 409-866-1444
Name (please print) Telephone
scott.blanchard@gc-texas.com
Email
STATE: Texas (.5z1-574\ PAULA HARRIS
�^ Notary ID#1179575
1 My Commission Expires
COUNTY: Jeffersonj May 9, 2025
SUBSCRIBED AND SWORN to before me by the above named Scott Blanchard
on this the 23rd day of March , • 22
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 11 of 20
ONFLICT OF INTEREST QUESTIONNAIRE FORM C1Q
Fo vendor doing business with local governmental entity
This clues •nnalre reflects changes made to the law by N.B. 23, 84th Leg., Regular Session. OFRCEUSE ONLY
This question.'re is being filed in accordance with Chapter 176,Local Goverment Code,by a vendor who Date Received
has a business =lationshlp as defined by Section 176.001(1-a)with a local goverrrnental entity and the
vendor meets req ements under Section 176.006(a).
By law this question." e must be filed with the records administrator of the local governmental entity not later
than the 7th business d: after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.00. a-1), Local Government Code.
A vendor commits an offense' the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a •isdemeanor.
'i Name of or who has a • siness relationship with local governmental entity.
1t `
Check this box if you are fill an update to a previously filed questionnare.(The law requires that you file an updated
completed questionnaire with th- appropriate filing authority not later than the 7th business day after the date on which
you became aware that the origi ly filed questionnaire was Incomplete or Inaccurate.)
J Name of local government officer about •m the information Is being disclosed.
: a of Officer
J Describe each employment or other business rel: •nship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also•escribe any family relationship with the local government officer.
Complete subparts A and B for each employment or bust ass relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment Income,from the vendor?
Ti Yes No
B. Is the vendor receiving or likely to receive taxable income,other than i estment income,from or at the direction
of the local government officer or a family member of the officer AND the . able income Is not received from the
local governmental entity?
n Yes No
Describe each employment or business relationship that the vendor named in Section 1 mainta•s with a corporation or
other business entity with respect to which the local government officer serves as an officer o •irector,or holds an
ownership interest of one percent or more.
Check this box if the vendor has given the local government officer or atamlly member of the officer one or ore gifts
as described in ection 176.003(a)(2)(B), excluding gifts described in Section 176,003(a-11
March 23, 2022
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 12 of 20
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.:is/
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,betw.en two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176,003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of thf officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-I)
(a) Avendor 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 cescribed 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 wit1 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'he local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence. or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www ethics.state tx.us Revised 11/30/2015
Page 13 of 20
House Bill 89 Verification
I, Scott Blanchard (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Gulf Coast a CRH Company
_ (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 thia
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.
( 7,(
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this 23rd day of March , 20 22.
��aY ore^ PAULA HA
NotaryID#1179RRIS575
sl My Commission Expires
'rf oc tE. May 9, 2025
Notary Public
Page 14 of 20
SB 252
CHAPTER 2252 CERTIFICATION
I, Scott Blanchard , the undersigned an representative
of Gulf Coast a CRH Company
(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.
Scott Blanchard
Name
iany Representative (Print)
Signature of Company Representative
March 23, 2022
Date
Page 15 of 20
INFORMATION TO BIDDERS:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the
City of Port Arthur the required information specified in Bid or Proposal Specifications
listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS
TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS,
SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The
absence of such a list shall indicate that the bidder has not taken exceptions and the City shall
hold the bidder responsible to perform in strict accordance with the specifications of the
invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineations, alteration, or erasure made before opening time must be initialed by the signer of
the bid,guaranteeing authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance
with these specifications. The award shall be made to the responsive, responsible bidder who
submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the
City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such
bids as it shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur
and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of
the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest
Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added
Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure
of certain information concerning persons doing business or seeking to do business with the City
of Port Arthur, including affiliations and business and financial relationships such persons may
have with City of Port Arthur officers. The form can be can be located at the Texas Ethics
Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a
response to this RFP, you acknowledge that you have been notified of the requirements of
Chapter 176 of the Texas Local Government Code and you are representing that you in
compliance with them.
Page 16 of 20
Any information provided by the City of Port Arthur is for information purposes only. If
you have concerns about whether Chapter 176 of the Texas Local Government Code
applies to you or the manner in which you must comply,you should consult an attorney.
ETHICS: Public employees must discharge their duties impartially so as to assure fair,
competitive access to governmental procurement by responsible contractors. Moreover, they
should conduct themselves in such a manner as to foster public confidence in the integrity of the
City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow
the City's Code of Ethics.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A
prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder
must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or
warranty service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be
made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur
Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or
properly submit any addendum. Failure to acknowledge and submit any addendum may be
cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that
might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims
the City of Port Arthur as its principal place of business must have an official business address
(office location and office personnel) in Port Arthur, the principal storage place or facility for the
equipment shall be in Port Arthur and/or the place of domicile for the principal business
owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state
law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit
price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public
Works, P.O. Box 1089, Port Arthur,Texas 77641.
Page 17 of 20
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of
the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt
Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment
is due 30 days from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,
ordinances, rules, orders, regulations and codes of the federal, state and local governments
relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no
other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to
assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances
prohibits the City from granting any license, privilege or paying money to any-one owing
delinquent taxes, paving assessments or any money to the City until such debts are paid or until
satisfactory arrangements for payment has been made. Bidders must complete and sign the
AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted price. It is further understood that the contractor shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the
Contract shall be read and enforced as though each were included herein. If, through mistake or
otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be
amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, in accordance with the provisions of this
Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of
a detailed description concerning any point shall be regarded as meaning that only the best
commercial practices are to prevail.
Page 18 of 20
While the purpose of the specifications is to indicate minimum requirements in the way of
capability,performance, construction, and other details, its use is not intended to deprive the City
of Port Arthur the option of selecting goods which may be considered more suitable for the
purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of
the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause,the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate
any of the covenants, agreements or stipulations of this contract, the City shall thereupon have
the right to terminate this contract by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least fifteen (15) days before the effective date of
such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated
by the City as provided herein, the Contractor will be paid for the service that it has performed
up to the termination date. If this contract is terminated due to fault of the Contractor, the
previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require
the Contractor to furnish releases or receipts for any or all persons performing work and
supplying material or service to the Contractor, or any sub-contractors for work under this
contract, if this is deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property
that occurs as a result of his fault or negligence in connection with the work performed until
completion and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor
or permit any sub-contractor to perform any work included in this Contract until he has received
from the City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense,
purchase, maintain and keep in force insurance that will protect against injury and/or damages
which may arise out of or result from operations under this contract, whether the operations be
by himself or by any subcontractor or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
Page 19 of 20
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
ai
�t
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person,
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage. t,
Contractor shall cause Contractor's insurance company or insurance agent to fill in all
information required (including names of insurance agency, contractor and insurance companies,
and policy numbers, effective dates and expiration dates) and to date and sign and do all other
things necessary to complete and make into valid certificates of insurance and pertaining to the
above listed items, and before commencing any of the work and within the time otherwise
specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any
respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form
should contain a provision that coverage afforded under the policies will not be altered, modified
or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port
Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF
INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as
the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be
filed with the City of Port Arthur not more than ten(10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the
execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed
cannot be issued within such period, the time may be extended by mutual agreement between
OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager
available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to
contact the contractor.
Page 20 of 20