HomeMy WebLinkAboutPR 22594: CONTRACT WITH TRIANGLE DIRT WORKS, SELECT MATERIALS, AND MID COUNTY LAND CO. DIRT MATERIALS TO THE LANDFILL AND OTHER LOCATIONS I wu„•
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INTEROFFICE MEMORANDUM
Date: May 27,2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Clifton Williams, Purchasing Manager
RE: P. R.No. 22594
Introduction:
Authorizing a contract with Triangle Dirt Works, Select Materials, and Mid County Land Co.
to provide dirt materials to the Landfill and other locations. This service will be provided on
an as needed basis.
Background:
This is an annual contract to provide dirt materials and transportation of materials for the
Public Works Department and other City departments. Historically the City Landfill, Streets
Division,and Parks Departments have been the major users of this service. Ads were placed
in the Port Arthur News on April 20, 2022 and April 27, 2022. The City received
three bids on May 11,2022. The purchase of the material will be based on the price first then
availability when necessary.
These bids were reviewed by staff and are considered to be the fair market value for these
services and in line with past costs. The contractor is not guaranteed any minimum amount of
work under this contract.
Budget Impact:
Funding is available in Public Works-Landfill Construction Account No. 403-50-320-5486-00-
00-000 and Public Works-Streets Maintenance Account No. 001-02-053-5316-00-70-000.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur.Texas 7764 1-1 089 X 409.983.8101 X FAX 409.982.6743
P. R. No. 22594
5/26/2022 cewj
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE NON-EXCLUSIVE CONTRACTS WITH TRIANGLE
DIRT WORKS, LLC, SELECT CIVIL SERVICES, LLC DBA
SELECT MATERIALS, AND MID-COUNTY LAND CO., LTD, TO
PROVIDE VARIOUS SOILS TO THE CITY OF PORT ARTHUR,
WITH A PROJECTED BUDGETARY AMOUNT OF $600,000.00;
FUNDING IS AVAILABLE IN PUBLIC WORKS - LANDFILL
CONSTRUCTION ACCOUNT NO. 403-50-320-5486-00-00-000; AND
PUBLIC WORKS - STREETS MAINTENANCE ACCOUNT NO.
001-21-053-5316-00-70-000
WHEREAS, the City requires the service of contractors to provide dirt and transportation
of materials to the Port Arthur Landfill and other City locations; and
WHEREAS, advertisements were solicited in the Port Arthur News on April 20th & 27th,
2022 with three bids received and opened on May 11, 2022, as shown in the Bid Tabulation
attached as Exhibit "A"; and
WHEREAS, giving priority to the lowest bidder, multiple contracts will be awarded to
primary and secondary contractors as selected and specified in the attached Exhibit "B"; and
WHEREAS, the contract shall terminate one (1) year from date of Notice To Proceed
and provides an option to renew for two (2) additional one (1) year renewal periods.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute non-exclusive contracts for the
providing of soil with Triangle Dirt Works of Hamshire, Texas (Exhibit "C"), Select Materials of
Port Arthur, Texas (Exhibit "D"), and Mid County Land Co. of Port Arthur, Texas (Exhibit "E"),
with a projected budgetary impact amount of$600,000.00.
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:
P. R. 22594
5/26/2022 cewj
Noes:
Mayor
ATTEST:
Sherri Bellard
City Secretary
A ROVED AS
TO FORM:
Valecia Ti eno
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
V9
Ron Burton Kandy Dani is
City Manager Interim Director of Finance
i/Off ,/
ozel \Roberts Clifton Williams
Direc orpf Public orks Purchasing Manager
P. R. No. 22594
5/26/2022 cewj
Exhibit A
CITY OF PORT ARTHUR TEXAS
, Bid Tabulation
Ca),of .. Providing of Soils
Bid Opening Date;May 11,2022
or, ru'uct'— Location:56 Floor Council Chamber
P22-060
Mid County Land,Cp.
Select Materials Triangle Dirt Works Bid Amo1(8i
Item# UOM Description Bid Amount Bid Amount
Delivered within the City
A of Port Arthur
1 . CY Fill Sand $20.00 No Bid $17.00
2 I CY 160/40 I $12.50 I No Bid I $15.00
3 CY Clay I NA I NA I NA
4 I CY I Top Soil I $11.00 I No Bid I $19.50
Picked up at Plant I
B Location
1 CY Fill Sand $14.50 No Bid $7.00
2 I CY 160/40 $ 6.25 No Bid I $6.50
3 CY l Clay I $ 3.75 $3.50 I $3.90
4 CY Top Soil I $11.00 No Bid I $12.50
Location I Port Arthur,TX Hamshire,TX I Port Arthur,TX
(T/ x.a 1;t yrd May 26,2022
Cliffa illiams,Purchasing Manager Date
Page 1'of 1
P. R. No. 22594
5/26/2022 cewj
Exhibit B
•
Providing of Soils
P22-060
Item# UOM Description Primary Contractor Secondary Contractor
Delivered within the City
A of Port Arthur
1 CY Fill Sand Mid County Land Co. Select Materials
2 CY 60/40 Select Materials Mid County Land Co
3 CY Top Soil Select Materials Mid County Land Co
Picked up at Plant
B Location
I CY Fill Sand Select Materials Mid County Land Co
2 CY 60/40 Select Materials Mid County Land Co
3 CY Clay Triangle Dirt Works Select Materials
4 CY Top Soil Select Materials Mid County Land Co
Page 1 of 1
P. R. No. 22594
5/26/2022 cewj
Exhibit C
P. R.No. 22594
5/26/2022 cewj
CONTRACT TO PROVIDE SOIL TO THE CITY OF PORT ARTHUR
THIS AGREEMENT, made this the 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 Triangle Dirt Works,LLC, hereinafter called
"CONTRACTOR". WITNESSED: That for and in consideration of the payment terms,
conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be one year from start date on Notice to Proceed. It shall
be renewable by mutual agreement for two (2) additional one-year period. Each
subsequent yearly contract renewal shall require approval of the City Council.
2. The CONTRACTOR will perform the work as delineated in the Scope of Work and
Specifications attached hereto.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies,tools, equipment, labor, and other services necessary to connection
therewith, excepting those supplies specifically not required on Contractor in the
Specifications and Scope of Work.
4. The CONTRACTOR agrees to supply the materials described in the specifications and
contract documents at the unit prices, shown below, and will be primary vendor for the
following items as indicated.
ITEM UOM DESCRIPTION UNIT
NO. COST
B3 CY Clay $3.50
5. This is not an exclusive contract, and the City reserves the right to purchase those
materials from any of the vendors awarded this contract based firstly, on price and
secondly, on availability, according to the needs of the City.
6. The term"Contract Documents"means and includes the following:
1) Agreement
2) Invitation to Bid
3) General Information
4) Specifications
5) Bid
6) Notice to Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
P. R. No. 22594
5/26/2022 cewj
8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by
their duly authorized officials, this Agreement in two (2) copies, each of which shall be
deemed an original of the date first written above.
OWNER CONTRACTOR
City of Port Arthur Triangle Dirt Works
BY: BY:
Ron Burton James Kaufman,
City Manager Representative
rr
THURMAN BILL BARTIE,MAYOR ti RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM City of ane, . CITY MANAGER
cu,
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
INGRID HOLMES : CITY SECRETARY
CAL
ONES
T OMAS KINLAW,III. u r t r t h u VAL TIZENO
KENNETH MARKS Texas CITY ATTORNEY
CHARLOTTE MOSES
MAY 3, 2022
INVITATION TO BID
PROVIDING OF SOIL MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, May 11, 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
11, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: P22-060
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 ►vritin,;to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams a,portarthurtx.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 19
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.
C6-6`1.1, (/t •
Clifton Williams, CPPB •
Purchasing Manager
Page 2 of 19
INVITATION TO BID
PROVIDING OF SOIL 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 19
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 7
B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 10 (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 11
E. CHAPTER 2252 CERTIFICATION-PAGE 13
F. HOUSE BILL 89 VERIFICATION-PAGE 14
Page 4 of 19
GENERAL CONDITIONS
(AS APPLICABLE)
SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of
Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To
Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first
year of the contract shall be firm, and shall be indexed for the next two (2) years using the
Consumer Price Index category "Transportation". It will be necessary for the City to secure a
letter from the vendor agreeing to renew the award for each additional year.
The City will award to multiple contractors.
The City will contact the lowest awarded contractor first. If the contractor is unable to supply the
required amount of materials in a timely manner, the City will contact the next lowest awarded
contractor.
Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and successful bidder must provide test verification on request to the City.
Measurement of material shall be by applicable units per various items as set out in the bid
schedule.
Payment of material shall be by applicable bid price per unit and any additional change as set out
in the bid schedule.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets,, and Bridges, Item 520 "Weighing and Measuring
Equipment".
Delivery shall be in the most economical manner to job sites or the City's stockpile in Port
Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down-time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out by these
specifications.
Page 5 of 19
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS
1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates.
2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all
fuel, maintenance and other usual charges.
3. If the contracted vendor is unable to meet the City's required delivery schedule,
depending on urgency of need, the City reserves the right to use an alternate vendor.
4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils
and;to haul other materials as may be advantageous to the City.
5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity.
6. Excavation of soils by Bidder'may take place in the Drainage District No. 7's (DD #7)
borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation
from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow
pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation
Permit from DD#7 and have the required insurance that names DD#7 and the City as
additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE
SUBMITTED WITH BID.
7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway
73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and
top-soil shall be hauled to various City project sites, including those in the Sabine Pass
area. No up-charge will be accepted for hauling to Sabine Pass,TX.
8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be
hauled from other Vendor's point of supply in the area to various City project job sites,
including those in the Sabine Pass area. No up-charge will be accepted for hauling to or
from Sabine Pass, TX.
9. Concrete debris such as concrete curb and gutter sections shall be hauled from City
project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to
T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or
along 25`h Street at the Motiva fresh water reservoir.
Page 6 of 19
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BID FOR: Providing of Soil Materials
BID DUE DATE: May 11, 2022
OUTLINE OF BID DATA:
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass)
ITEM # DESCRIPTION BID AMOUNT
] Fill Sand $ CY
2 60/40 $ CY
3 Clay $ NA
4 Top Soil $ CY
B. PICKED UP AT PLANT LOCATION:
ITEM# DESCRIPTION BID AMOUNT
1 Fill Sand $ CY
2 60/40 $ CY
3 Clay $ 3, s 0 CY
4 Top Soil $ CY
Stock-pile material shall be available on those days borrow pit in inaccessible.
Vendor will respond to load material request within minutes or c_7 hours.
LOCATION OF PRIMARY BORROW PIT: isiwy 7 3
LOCATION OR SECONDARY BORROW PIT: )4..,7 73
nature of Bidd r Date
Page 7 of 19
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:
_ ,4 ViA V tit<4--Title:
Company: tc), r t vJ ,21
Date:
SUBSCRIBED and sworn to before me b he above named J cu V "�"`�on
this the 10" day of , 20 V.'.
Notary Public in a f r t
State of Texas
My commission expires: - 2-S
w�Po EM JNISE
149` •cF, NotaILYry AN Public
* *, STATE OF TEXAS
•. i My Comm.Exp.03-29-25
4`o!17,' Notary ID#13302263-7
AFFIDAVIT
Page 9 of 19
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:
t/ 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.
-� DI/4 1'-ks _5 %/0 Lz z
Firm Name Date
A orized Signature Title
,44-14/ ie4
Name(please print) Telephone
1(.‘C4(1 -50 0 vict(DO C
Email
STATE:
COUNTY: J e �r�a n
SUBSCRIBED AND SWORN to before me by the above named Jame-3 11.ck u cT LCc1
on this the I C , day of 00j , 20 L2- .
EMILY JANNISE
Notary Public
* *; STATE OF TEXAS Notary Public cy
My Comm.Exp.03-29-25
Notary ID#13302263-7
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 10 of 19
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.
Ai A
J n
1 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
f ' 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?
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
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).
Q/� r /1(3 /2„,622_ c„,
Signature of yen or doing usiness with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 3a/2015
Page 11 of 19
House Bill 89 Verification
I -J✓4-J--N5 (Person name), the undersigned
representative (hereafter referred to as "Representative") of
/ (,4-k i t✓1 _ (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.
IGNATURE O EPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this �'day of Mci-J , 20 2 L
.J EMILY JANNISE
//P`�"v"" ‘ Notary Public
*1 STATE OF TEXAS
\*N My Comm.Exp.03-29-25 ;
`h'of'> Notary ID# 13302263-7 el
Notary Public
Page 13 of 19
SB 252
CHAPTER 2252 CERTIFICATION
I, —64-u e8 6 it4 A--- , the undersigned an representative
of /F, A vtiy/ j2, Jo rr,5
(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.
_Jr - e_ JeiQv
Name of Company Representative(Print)
1`>
Signature of Comp Representative
70
Dat /e.,
Page 14 of 19
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 15 of 19
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 16 of 19
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 17 of 19
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 18 of 19
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 19 of 19
P. R. No. 22594
5/26/2022 cewj
Exhibit D
P. R. No. 22594
5/26/2022 cewj
CONTRACT TO PROVIDE SOIL TO THE CITY OF PORT ARTHUR
THIS AGREEMENT, made this the 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 Select Civil Services, LLC dba Select Materials,
hereinafter called"CONTRACTOR". WITNESSED: That for and in consideration of the
payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree
as follows:
1. The term of this Contract shall be one year from start date on Notice to Proceed. It shall
be renewable by mutual agreement for two (2) additional one-year periods. Each
subsequent yearly contract renewal shall require approval of the City Council.
2. The CONTRACTOR will perform the work as delineated in the Scope of Work and
Specifications attached hereto.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor, and other services necessary to connection
therewith, excepting those supplies specifically not required on Contractor in the
Specifications and Scope of Work.
4. The CONTRACTOR agrees to supply the materials described in the specifications and
contract documents at the unit prices, shown below, and will be secondary vendor for the
following items as indicated.
Primary Contractor
ITEM UOM DESCRIPTION UNIT
NO. COST
A2 CY 60/40 $12.50
A4 CY Topsoil $11.00
B2 CY 60/40 $ 6.25
B4 CY Topsoil $11.00
Secondary Contractor
ITEM UOM DESCRIPTION UNIT
NO. COST
Al CY Fillsand $20.00
BI CY Fillsand $14.50
5. This is not an exclusive contract, and the City reserves the right to purchase those
materials from any of the vendors awarded this contract based firstly, on price and
secondly, on availability, according to the needs of the City.
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 r t tt u�
THOMAS KINLAW,HI. VAL TIZENO
KENNETH MARKS Texas CITY ATTORNEY
CHARLOTTE MOSES
MAY 3, 2022
INVITATION TO BID
PROVIDING OF SOIL MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, May 11, 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
11, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: P22-060
DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089' 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writin,;to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
Page 1 of 19
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 19
INVITATION TO BID
PROVIDING OF SOIL 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 19
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 7
B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 10 (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 11
E. CHAPTER 2252 CERTIFICATION-PAGE 13
F. HOUSE BILL 89 VERIFICATION-PAGE 14
Page 4 of 19
GENERAL CONDITIONS
(AS APPLICABLE)
SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of
Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To
Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first
year of the contract shall be firm, and shall be indexed for the next two (2) years using the
Consumer Price Index category "Transportation". It will be necessary for the City to secure a
letter from the vendor agreeing to renew the award for each additional year.
The City will award to multiple contractors.
The City will contact the lowest awarded contractor first. If the contractor is unable to supply the
required amount of materials in a timely manner, the City will contact the next lowest awarded
contractor.
Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and successful bidder must provide test verification on request to the City.
Measurement of material shall be by applicable units per various items as set out in the bid
schedule.
Payment of material shall be by applicable bid price per unit and any additional change as set out
in the bid schedule.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets,-, and Bridges, Item 520 "Weighing and Measuring
Equipment".
Delivery shall be in the most economical manner to job sites or the City's stockpile in Port
Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down-time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out by these
specifications.
Page 5 of 19
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS
l. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates.
2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all
fuel, maintenance and other usual charges.
3. If the contracted vendor is unable to meet the City's required delivery schedule,
depending on urgency of need, the City reserves the right to use an alternate vendor.
4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils
and to haul other materials as may be advantageous to the City.
5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity.
6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7)
borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation
from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow
pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation
Permit from DD#7 and have the required insurance that names DD#7 and the City as
additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE
SUBMITTED WITH BID.
7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway
73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and
top-soil shall be hauled to various City project sites, including those in the Sabine Pass
area. No up-charge will be accepted for hauling to Sabine Pass, TX. .
8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be
hauled from other Vendor's point of supply in the area to various City project job sites,
including those in the Sabine Pass area. No up-charge will be accepted for hauling to or
from Sabine Pass, TX.
9. Concrete debris such as concrete curb and gutter sections shall be hauled from City
project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to
T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or
along 25th Street at the Motiva fresh water reservoir.
Page 6 of 19
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BID FOR: Providing of Soil Materials
BID DUE DATE: May 11, 2022
OUTLINE OF BID DATA:
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass)
ITEM# DESCRIPTION BID AMOUNT
1 Fill Sand $ 20.00 CY
2 60/40 $ 12.50 CY
3 Clay $ NA 9.00
4 Top Soil $ 11.00 CY
B. PICKED UP AT PLANT LOCATION:
ITEM# DESCRIPTION BID AMOUNT
1 Fill Sand $ 14.50 CY
2 60/40 $ 6.25 CY
3 Clay $ 3.75 CY
4 Top Soil $ 11.00 CY
Stock-pile material shall be available on those days borrow pit in inaccessible.
Vendor will respond to load material request within minutes or 24 hours.
LOCATION OF PRIMARY BORROW PIT: Halbouty Rd
LOCATION OR SECONDARY BORROW PIT: N/A
'et .' 5/11/2022
Signat a of Bidder Date
Page 7 of 19
Equipment and drivers/operators will be made available 36 hours or 1.5 days after receipt
of request for hauling services.
D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY
First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time
period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or
jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged
at $ 100 /hr. and waiting time thereafter being charged at the same rate in 15 minute
increments.
LOCATION OF HAULING EQUIPMENT: Port Arthur
The City reserves the right to award the bid by class of work, or the entire bid to one (1)
responsible bidder. Bids shall be good for sixty (60)days from date of bid opening.
Select Civil Services, LLC dba Select Materials 2570 Halbouty Rd., Port Arthur, TX 77640
COMPANY NAME STREET ADDRESS
PO Box 21638
SIGNATURE OF BIDDER P.O. BOX
Jordan Robbins Beaumont TX 77720
PRINT OR TYPE NAME CITY STATE ZIP
Manager 409 960-1589
TITLE AREA CODE TELEPHONE NO
selectmaterials409@gmail.com
EMAIL FAX NUMBER
Page 8of19
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:
Jordan Robbins
Title:
Manager
Company: Select Civil Services, LLC dba Select Materials
Date: 5/11/2022
SUBSCRIBED and sworn to before me by the above named JDYdO,.n 12( 7 7t`CAS on
this the I day of t\Aa j , 20 2 2 .
>R °� KASSIDY KAY ADKINS NotaryPublic in n d for lie
Notary ID#132269463 State of Texas
-tbyr My Commission Expires
OF December 2, 2023
My commission expires: 124 Zf 20 Z3
AFFIDAVIT
Page 9 of 19
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I
further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as
they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts
as they become due.
Select Civil Services, LLC dba Select Materials 5/11/2022
Firm Name Date
Manager
Autk rized Signature Title
Jordan Robbins 409-960-1589
Name(please print) Telephone
selectmaterials409@gmail.com
Email
STATE: -rem � KASSIDY KAYADKINS
_ JL Notary ID#132269463
��^�� 00 ,, 441* My Commission Expires p
J COUNTY: �T[ G4( n "'F OF<E December 2, 2023
APRINIMINININIMEWMPRIlpmerommuipmpwropqb
SUBSCRIBED AND SWORN to before me by the above named J oY 01 c&f\ Ro bbi r1S
on this the day of Mal , 20 2 _2.
,!4 )(t,irki
Notary Publ e
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 10 of 19
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.
N/A
nCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the information is being disclosed.
Name of Officer
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 n No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
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
flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1).
J
5/11/2022
Signature endor doing business with the governmental entity Data
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 11 of 19
House Bill 89 Verification
Jordan Robbins (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Select Civil Services, LLC dba Select Materials
(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.
SIGNATU OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this i1 day of , 20 Z2_
KASSIDY
Notary ID#13226946KAYADKINS3
My Commission Expires
December 2, 2023
Notary Public
Page 13 of 19
SB 252
CHAPTER 2252 CERTIFICATION
I, Jordan Robbins ,the undersigned an representative
of Select Civil Services, LLC dba Select Materials
(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.
Jordan Robbins
Name of Company Representative (Print)
Sign re of Company Representative
5/11/2022
Date
Page 14 of 19
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: hqs://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 15 of 19
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 16 of 19
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 17 of 19
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 18 of 19
2. Commercial ueneral 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 19 of 19
P. R. No. 22594
5/26/2022 cewj
Exhibit E
P. R. No. 22594
5/26/2022 cewj
CONTRACT TO PROVIDE SOIL TO THE CITY OF PORT ARTHUR
THIS AGREEMENT, made this the 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 Mid County Land Co., LTD , hereinafter called
"CONTRACTOR". WITNESSED: That for and in consideration of the payment terms,
conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
2. The term of this Contract shall be one year from start date on Notice to Proceed. It shall
be renewable by mutual agreement for two (2) additional one-year periods. Each
subsequent yearly contract renewal shall require approval of the City Council.
2. The CONTRACTOR will perform the work as delineated in the Scope of Work and
Specifications attached hereto.
3. During the term of this Contract,the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor, and other services necessary to connection
therewith, excepting those supplies specifically not required on Contractor in the
Specifications and Scope of Work.
4. The CONTRACTOR agrees to supply the materials described in the specifications and
contract documents at the unit prices, shown below, and will be secondary vendor for the
following items as indicated.
Primary Contractor
ITEM UOM DESCRIPTION UNIT
NO. COST
Al CY Fillsand $17.00
B 1 CY Fillsand $ 7.00
Secondary Contractor
ITEM UOM DESCRIPTION UNIT
NO. COST
A2 CY 60/40 $15.00
A4 CY Topsoil $19.50
B2 CY 60/40 $ 6.50
B4 CY Topsoil $12.50
5. This is not an exclusive contract, and the City reserves the right to purchase those
materials from any of the vendors awarded this contract based firstly, on price and
secondly, on availability, according to the needs of the City.
6. The term"Contract Documents"means and includes the following:
1) Agreement
P. R.No. 22594
5/26/2022 cewj
2) Invitation to Bid
3) General Information
4) Specifications
5) Bid
6) Notice to Proceed
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by
their duly authorized officials, this Agreement in two (2) copies, each of which shall be
deemed an original of the date first written above.
OWNER CONTRACTOR
City of Port Arthur Mid County Land Co., LTD
BY: BY:
Ron Burton Brock S. Verson,
City Manager Representative
THURMAN BILL BARTIE,MAYOR RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM Enon. CITY MANAGER
City of cry
COUNCIL MEMBERS; O 1�� SHERRI BELLARD,TRMC
INCRID HOLMES 4-) CITY SECRETARY
CAL JONES o r t r t h u
THOMAS KINLAW,III. VAL TIZENO
KENNETH MARKS Texas CITY ATTORNEY
CHARLOTTE MOSES
MAY 3,2022
INVITATION TO BID
PROVIDING OF SOIL MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, May 11, 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
11,2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: P22-060
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.williamsc portarthurtx.gov
Purchasing Division/Finance Department I PurchasingManager,Clifton Williams,CPPB
P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
Page 1 of 19
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 19
INVITATION TO BID
PROVIDING OF SOIL 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 19
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 7
B. NON-COLLUSION AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 10 (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 11
E. CHAPTER 2252 CERTIFICATION-PAGE 13
F. HOUSE BILL 89 VERIFICATION-PAGE 14
Page 4 of 19
GENERAL CONDITIONS
(AS APPLICABLE)
SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of
Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To
Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first
year of the contract shall be firm, and shall be indexed for the next two (2) years using the
Consumer Price Index category "Transportation". It will be necessary for the City to secure a
letter from the vendor agreeing to renew the award for each additional year.
The City will award to multiple contractors.
The City will contact the lowest awarded contractor first. If the contractor is unable to supply the
required amount of materials in a timely manner, the City will contact the next lowest awarded
contractor.
Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and successful bidder must provide test verification on request to the City.
Measurement of material shall be by applicable units per various items as set out in the bid
schedule.
Payment of material shall be by applicable bid price per unit and any additional change as set out
in the bid schedule.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring
Equipment".
Delivery shall be in the most economical manner to job sites or the City's stockpile in Port
Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down-time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out by these
specifications.
Page 5 of 19
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS
1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates.
2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all
fuel, maintenance and other usual charges.
3. If the contracted vendor is unable to meet the City's required delivery schedule,
depending on urgency of need,the City reserves the right to use an alternate vendor.
4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils
and to haul other materials as may be advantageous to the City.
5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity.
6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7)
borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation
from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow
pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation
Permit from DD#7 and have the required insurance that names DD#7 and the City as
additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE
SUBMITTED WITH BID.
7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway
73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and
top-soil shall be hauled to various City project sites, including those in the Sabine Pass
area. No up-charge will be accepted for hauling to Sabine Pass, TX.
8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be
hauled from other Vendor's point of supply in the area to various City project job sites,
including those in the Sabine Pass area. No up-charge will be accepted for hauling to or
from Sabine Pass, TX.
9. Concrete debris such as concrete curb and gutter sections shall be hauled from City
project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to
T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or
along 25th Street at the Motiva fresh water reservoir.
Page 6 of 19
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BID FOR: Providing of Soil Materials
BID DUE DATE: May 11, 2022
OUTLINE OF BID DATA:
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass)
ITEM# DESCRIPTION BID AMOUNT
1 Fill Sand $ 11 CY
2 60/40 $ 16 CY
3 Clay $ NA
4 Top Soil $ 1"1 ' S D CY
B. PICKED UP AT PLANT LOCATION:
ITEM# DESCRIPTION BID AMOUNT
1 Fill Sand $ 1 CY
2 60/40 $ ( • 5O CY
3 Clay $ 3 MO CY
4 Top Soil $ t a .�o CY
Stock-pile material shall be available on those days borrow pit in inaccessible.
Vendor will respond to load material request within S D minutes or I hours.
LOCATION OF PRIMARY BORROW PIT: 1 W V C!
LOCATION OR SECONDARY BORROW PIT: 1-13DL Pviij, G, N .@ 4 'x 17
S— I
Sn e of adder Date
Page 7 of 19
Equipment and drivers/operators will be made available hours or days after receipt
of request for hauling services.
D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY
First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time
period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or
jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged
at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute
increments.
LOCATION OF HAULING EQUIPMENT:
The City reserves the right to award the bid by class of work,or the entire bid to one (1)
responsible bidder. Bids shall be good for sixty (60) days from date of bid opening.
\e Quin Lo,vd ( ? 1D\ lvdisbited Nv (P
OMPANY NAME STREET ADDRESS
SI BIDDER P.O. BOX
\a)CV- S .6( vlo 1 01- Vi' &i v T)( 7-7i/D
PRINT OR TYPE NAME CITY STATE ZIP
DV) 0,611 L1 Doi - 1-31 51)01D
TITLE AREA CODE TELEPHONE NO
\kMettOkAYLAtitekviel glolau . Co w)
EMAIL FAX NUMBER
Page 8of19
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 th developmen ubmission of this bid proposal.
Signature:
Printed Name: _� C,V l e y YID
Title: n v1 1
Company: CA C���.,rl L lO Y\C l D
Date:
SUBSCRIBE and sworn to before me b the above named 3fl) S ), 04on
this the , 1 ay of , 20
+ & (
o�Yp�p LACEY FREGIA ota Public in for the
NOTARY PUBLIC ry
" STATE OF TEXAS State of Texas
'?.174,aF ,' MY COMM.EXP.10/20/25
NOTARY ID 13340398-5 My commission expires: l Di Zb f Z5
AFFIDAVIT
Page 9 of 19
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 and rsigned 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.
1► 01 CAxun-h,) i ( yl 5- 11 - -.
Firm Name Date
Own-1
Author' ed Signature Title
Y0C, -- S v tYV1r) LILA- ` to - 3.50h
Name(please print) Telephone
PIl c\64 C OUXL I cVic (3Al cu 1 . C 0 WI
Email
STATE: 71(
COUNTY: eqe.NSOY1
SUBSCRIBED AND SWORN to before me by the above named 13vcc \L S\j/einikyl
on this the I 1 day of a 20 069.
�`NvvO&'o LACEY FREGIA i/1401/6a
NOTARY PUBLIC
* '' STATE OF TEXAS ‘Zrybli
'`?,OF SAP MY COMM.EXP.10/20/25
NOTARY ID 13340398-5
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 10 of 19
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.
Jn 4
1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the 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
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(8 excluding gifts described in Section 176.003(a-1).
)
Sign` it endor doing business with the governmental entity Data ''L9
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 11 of 19
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 memberof the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-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.state.tx.us Revised 11/30/2015
Page 12 of 19
House Bill 89 Verification
I, ?)•\1C,Y-- -'
Vi - s\A u n (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Di\c a1 a)kikA \ MAC(c( CD nr) I L LTJ)
_ (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
SCRIBED AND SWORN TO BEFO ME, the undersigned authority, on
this I . ay of �;�(��, , 20
�orar rum
LACEY FREGIA
° NOTARY PUBLIC
' 20/2
' STATE OF TEXAS
4-}j, `g7eCF10- MY COMM.EXP.10/ 5
NOTARY 13340398-5
•
Notary Public
Page 13 of 19
SB 252
CHAPTER 2252 CERTIFICATION
trOCY— -tV 1° 1Un ,the undersigned representative
� an
of MA �O\) \ lO )l ( Ur4CitVLi 1Tb
(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.
VY\ Oh
Name of ompanY Represent
ative ve Print)
)
Signature of Company Representative
6 - 1 \ _ate
Date
Page 14 of 19
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 15 of 19
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 16 of 19
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 17 of 19
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 18 of 19
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 19 of 19