Loading...
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„• i r ryp N' nl'! 1'1l11 1- - www.PortArthurTx.gov 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