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HomeMy WebLinkAboutPR 22578: FOR THE PURCHASE OF LITTER FENCES AT THE PORT ARTHUR LANDFILL City of cam_ ort rthur Te.ras www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 13, 2022 To: The Honorable Mayor and City Council Through: Ron Burton,City Manager 1141 From: Flozelle Roberts, Public Works Director RE: PR#22578:Authorizing the City Mana r to purchase litter fences at the Port Arthur Landfill Introduction: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to purchase litter fences for the City's Landfill from Braeko, Inc. of Port Neches, Texas in the amount of$80,400.00. Background: The City of Port Arthur's Landfill is required by permit, the Texas Commission on Environmental Quality (TCEQ), and the Texas Department of Transportation (TxDOT) to ensure no windblown litter blows around the site and along adjacent Highway 73. Litter Fences help deter flying litter from leaving the Landfill's Working Face. Currently, the Landfill is using fence netting, which is a temporary fix that the TCEQ has allowed until proper fencing is secured. The TCEQ has informed the Landfill that failure to obtain proper fencing could potentially lead to penalties and/or fines assessed. Council approved Resolution 22-055 authorizing the purchase of litter fences from Coastal Netting. Due to the long delay for delivery,the Landfill decided to not order from Coastal and bid for local fencers to construct the fencing for quicker delivery. The Purchasing Department advertised for competitive qualified bidders. Bids were opened on May 4, 2022 with five (5) vendors responding. After review, it was determined that Braeko, Inc. of Port Neches, Texas provided the lowest and best bid in the amount of$80,400.00. On-site Industrial only provided labor cost;their material cost was not included. Although Braeko mistakenly did not acknowledge the addendums, their bid includes all required specifications. Budget Impact: Funds are available from Account No. 403-50-320-8522-00-00-000. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 C:\Users\gthibodeaux\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q42H2NU2\Litter Fences Agenda Memo May 2022.docx Recommendation: It is recommended that the City of Port Arthur's City Council approve PR#22578 authorizing the City Manager to purchase litter fences from Braeko, Inc. of Port Neches, Texas in the amount of$80,400.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.22578 05/13/2022 cewj Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BRAEKO, INC. OF PORT NECHES, TEXAS FOR THE PURCHASE OF LITTER FENCES FOR THE CITY'S LANDFILL IN THE AMOUNT OF $80,400.00; FUNDING IS AVAILABLE IN THE LANDFILL EQUIPMENT ACCOUNT NUMBER 403-50-320-8522- 00-00-000. WHEREAS, City Council approved Resolution 22-055 for the purchase of litter fences from Coastal Netting; and, WHEREAS, due to the long delay for delivery, City decided to cancel the order and bid for fencing companies to construct the fences; and, WHEREAS,per P.R. No. 22574, Resolution No. 22-055 will be rescinded; and, WHEREAS, the City of Port Arthur Landfill operates under conditions determined by permit and state regulatory agencies; and, WHEREAS, installation of Litter Fences is a condition of operation and are needed to ensure windblown litter is contained as much as possible along the Landfill's Working Face; and, WHEREAS, failure to secure appropriate Litter Fences for the Landfill could present potential fines and penalties assessed by the Texas Commission on Environmental Quality (TCEQ); and, WHEREAS, the advertisement for bids for the purchase of Litter Fences was advertised by the Purchasing Department in the Port Arthur News; and, WHEREAS, five (5) bids were received, opened, and evaluated by the Landfill staff on May 4, 2022 with Braeko, Inc. of Port Neches, Texas being the lowest bid of$80,400.00 attached as Exhibit A; and, C:\Users\gthibodeaux\Documents\PR 22578 Litter Fences.docx PR No.22578 05/13/2022 cewj Page 2 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby the City Manager to enter into a contract with Braeko, Inc. of Port Neches, Texas for litter fences for the landfill in the amount of$80,400.00, in substantially the same form as attached hereto as Exhibit"B); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this the day of , A.D. 2022 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman"Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 22576 05/13/2022 cewj Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: (ittal eh-heke..ycY) alecia T. eno Ronald Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Nr\ 45- 6-6— andy K. Daniel Interim Director of Finance F 2elle oberts Direct r of Public rks ei4A" GLµ^ Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" CITY OF PORT ARTIIUR TEXAS Bid Tabulation • Litter Fences for Landfill V , ,thn, b Bid Opening Date: May 4,2022 Location: 5th Floor Council Chamber P22-046 Name of Bidder SpawGlass Construction, On-site Industrial Braeko, Inc. U.S. Fence&Gate,Inc. Corp A-1 American Fence, Inc. Cost Per Cost Per Cost Per Cost Per Cost Per Item# Description Quantity Panel Total Cost Panel Total Cost Panel Total Cost Panel Total Cost Panel Total Cost 1 Litter Fence 12 $4,250.00 $51,000.00 $6,500.00 $78,000.00 $29,500.00 $354,000.00 $15,312.50 $183,750.00 $20,873.00 $250,476.00 2 Freight $4,275.00 $2,400.00 included $3,000.00 $800.00 3 Total Cost $55,275.00 $80,400.00 $354,000.00 $186,750.00 $251,276.00 _ Acknowledge receipt of Addendum 1,2 NO NO 1,2 1,2 Delivery days after receipt of order 30 60* 150 45 Location Brownsville,TX Port Neches,TX Orange,TX Houston,TX Orange,TX *30-60 days depending on 3rd party Blast&Paint Yolanda Scypion-Goudeaux 5/5/2022 Yolanda Scypion-Goudeaux,Purchasing Assistant Date EXHIBIT " B" CONTRACT FOR THE PURCHASING OF LANDFILL FENCES 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 Braeko, Inc. 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 City shall receive the product 60 calendar days from the start date on the Notice to Proceed. 2. Landfill Fences shall meet the specifications as stated in the Contract Documents. 3. Contractor acknowledges receipt of Addendums 1 and 2. 4. 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. 5. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for following; Twelve (12) litter fences at a cost of$6,500 each for a total amount of$78,000 Freight cost $ 2,400 Total Cost $80,400 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisement for Bids 3) General Information 4) Specification 5) Addendum(s) 6) Bid 7) Notice of Award 8) Notice to Proceed 7. 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: Braeko, Inc. By: Print Name: Print Title: THURMAN BILL BARTIE,MAYOR RONALD BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL JONES o r t THOMAS KINLAW,III. Texas VAL TIZENO KENNETH MARKS CITY ATTORNEY CHARLOTTE MOSES APRIL 19, 2022 INVITATION TO BID LITTER FENCES FOR LANDFILL DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,May 4, 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, May 4, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P22-096 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 should be directed in writing,to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams cni,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 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 17 INVITATION TO BID LITTER FENCES FOR LANDFILL (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 17 SUBMIT THE FOLLOWING FORMS 1. BID SHEET-MAKE SURE TO FILL IN PRICE AND THE DAYS 2. NON-COLLUSION AFFIDAVIT-(MUST BE NOTARIZED) 3. AFFIDAVIT-(MUST BE NOTARIZED) 4. CONFLICT OF INTEREST -PAGES (IF NO CONFLICT, WRITE NA ON LINE 1 AND SIGN AT THE BOTTOM) 5. HOUSE BILL 89 VERIFICATION 6. SB 252CHAPTER 2252 CERTIFICATION Page 4 of 17 SPECIFICATIONS LITTER FENCES FOR LANDFILL SPECIFICATIONS: 1. The portable fence system will be used at the City of Port Arthur Landfill to control windblown litter. 2. Quantity of 10 or 20. 3. The portable fencing shall be pre-fabricated sections or panels that are easily moved using existing landfill equipment, including a Caterpillar D7 Dozer and a Caterpillar 826H Compactor. Movement will be accomplished by lifting not by dragging. Units requiring the operator to exit the cab to make adjustments, move pins, or attach cables are not acceptable. 4. Construct 5'L x 20'W x 10'H Litter control fences out of 2 -1/2" and 6" pipe with chain link fencing (See attached drawing). • Assemble fences (weld) • Apply primer and paint • Attach chain link fence • Deliver fences to City of Port Arthur Landfill 5. Material List • 48—6" x 20' sch 80 pipe • 48—2-1/2" x 20' sch 80 pipe • 48—6"weld end caps • 12—6"x 1/2"flat bars • 36—5/8" x 20 core round bars • 6—5 gallon inhibitor primer • 6—5 gallon black paint • 24— rolls of chain link fence 5' - 14 gauge 6. Attach is the drawing. 7. Delivery Time will be a factor Page 5of17 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Litter Fences for Landfill BID DUE DATE: May 4, 2022 DESCRIPTION QUANTITY COST PER PANEL TOTAL COST - / o e LITTER FENCE 10 $ s-c© e $ �o s f Q6 o G LITTER FENCE 20 $ Sao 00 $ /3D,dD 'oe FREIGHT - 4,110© 0 6,e)2. p,�eest. it j 'V 1'' DELIVERY WILL BE CALENDAR DAYS AFTER RECEIPT OF PURCHASE ORDER 3 O -4 D R-Y S e-P txua..til1C 0.0 3 12,6 PA-iz-r-Y (,3/-*s r gileWo / SAu-as/5 ' COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O. BOX /1.vesa.d Zeeetze-F:eie.e �e er Albee9eJ5 , rk , 7 PRINT OR TYPE NAME CITY STA I ZIP 1 .cie1r ? - '7S✓G TITLE A A CODE 1 ELEPHONE NO <<414,-P ADS' ,-Zeb"5 lr‘11€1io. tea/ //2 EMAIL FAX NO. Page 6 of 17 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS 5 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: ofiCie.veer,<ggez) Title: Company: 34wal .�itlG Date: o z:-/ c2U a� SUBSCRIBED and sworn to before me by the above named P\OI( L c o-cL. on this the 0 LI day of , 20 . ublic in an or the �P RA• % State of Texas .••-cARy2• ,/i) r'; My commission expires: CU \ '•�OF TEM • •. P o61� \\EX Page 7 of 17 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: ,(--""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. 21.187(60,j—driZ. Firm Name Date Authorized Signature Title ,A1,Q..t/ Zee/eie.‘rieede (4 'f) 7,2D — -7e14 Name (please print) Telephone Lu„Ilc6,'~ 5712UJ2 S c". 5 , 6� Email STATE: % k COUNTY: T SUBSCRIBED AND SWORN to before me by the above named G\GX( \ L \cek)rc on this the Oq day of D\A , 20 D-?,-. . G -A",,, -4, �,Q..' NRY iv.. Nota ub is , �' :_ Nii r RETURN THIS AMP• A6 PST OF THE BID PROPOSAL ',NN,7111111„0o Page 8 of 17 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 offe se if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this sect is a misdemeanor. II Name of end as a business relationship with local governmental entity. I I C ck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I mpleted 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 iJ 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? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 1.1 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. 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). LI Z:;2--(4 1.- X'/20z 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 House Bill 89 Verification I, s.& Zeigiee-pe, , (Person name), the undersigned representative (hereafter referred to as "Representative") of 0lZ.AL6-,t'a , tiC • (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE ^UBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 0L1 day of 1 1 \ , 20a? '„`�\x`3 RSA GF ' c . tary Public • w - Exp Page 11 of 17 SB 252 CHAPTER 2252 CERTIFICATION I, 10?-evt) , the undersigned n representative of 4 7e r/ce• (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. /45124/d ZdeArfee;roried Name of Company Representative (Print) Signature of Company Representative Date Page 12 of 17 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 federally funded projects. 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. 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. Page 13 of 17 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.: Landfill, 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. 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. Page 14 of 17 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 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. Page 15 of 17 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. 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. Page 16 of 17 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 17 of 17