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HomeMy WebLinkAboutPR 22625: RESILIENT SEAT VALVES City of % ort rthu�� INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT-ADMINISTRATION DIV. TO: Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Calvin Matthews, Water Utilities Director DATE: June 9, 2022 RE: PR No. 22625 —Resilient Seat Valves Nature of the Request: Most water valves are used to isolate relatively small portions of our water system in order to minimize service disruption to larger areas during maintenance and/or expansion. Valves are also used to isolate piping throughout our treatment plants, lift stations, and pump stations. All Resilient Wedge Gate Valves shall be American Control Flow Series 2500, or Engineer approved equal. The Purchasing Division of the Finance Department advertised for bids that were opened on May 4, 2022. Coburn Supply of New Caney, Texas was the lowest bid that met the specifications with a projected budgetary impact of $188,330.00. Funds are budgeted and available in Account Nos. 410-40-215-5315-00-00-000 (Water System) and 410-40-220-5313-00-00-000 (Sanitary Sewer System). Staff Analysis, Considerations: Existing staff will maintain these valves in our Warehouse inventory and install as needed. Budget Considerations: This equipment will be maintained in our Warehouse inventory and charged to the appropriate account when used; Account Nos. 410-40-215-5315-00-00-000 (Water System) and 410-40-220- 5313-00-00-000 (Sanitary Sewer System) for routine valve installation/replacement. Recommendation: I recommend that the City Council approve Resolution No. 22625 authorizing the purchase of Resilient Seat Valves as described/outlined above. PR No. 22625 6/9/2022 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF RESILIENT SEAT VALVES, FOR THE UTILITY OPERATIONS DEPARTMENT WITH COBURN SUPPLY OF NEW CANEY, TEXAS, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $188,330.00. FUNDS ARE AVAILABLE IN ACCOUNT NOS. 410-40- 215-5315-00-00-000 (WATER SYSTEM) & 410-40-220- 5313-00-00-000 (SANITARY SEWER SYSTEM). VALVES WILL BE PURCHASED AS NEEDED AND STORED IN INVENTORY AT THE UTILITY WAREHOUSE. WHEREAS, the Utility Operations Department routinely uses Resilient Seat Valves to maintain the Water and Wastewater systems throughout the City, valves are purchased on an 'as needed' basis; and, WHEREAS, the City of Port Arthur advertised for bids for Resilient Seat Valves and received four bids (Exhibit A); and, WHEREAS, the bids have been evaluated by Water Utilities and Purchasing; and, WHEREAS, Coburn Supply of New Caney, Texas had the lowest and most responsive bid of$188,330.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council hereby authorizes the City Manager to enter into a contract between the City of Port Arthur and Coburn Supply of New Caney, Texas, for six (6) months with the option to renew for two (2) additional one-year period with a projected annual budgetary impact of$188,330.00 per year; and, THAT, the City can terminate this contract at its convenience with thirty (30) days written notice; and, PR No. 22625 6/9/2022 bw Page 2 of 3 THAT, funding for this material is provided for in the Water Utilities budget in Account Nos. 410-40-215-5315-00-00-000 (Water System) & 410-40-220-5313-00-00-000 (Sanitary Sewer System); and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2022 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Thurman"Bill" Bartie Mayor ATTEST: APPROVED FOR ADMINISTRATION: Sherri Bellard Ronald Burton City Secretary City Manager APPROVED AS TO FORM: Valecia T. eno /alvintthews, P.E. City Attorney Water Utilities Director PR No.22625 6/9/2022 bw Page 3 of 3 APPROVED AS TO AVAILABILITY OF FUNDS: � 0D al;/ Kandy Danie C ifto Williams Director of Finance Purchasing Manager Exhibit A (Bid Tabulation) THE CITY OF PORTARTHUR BID TABULATION RESILIENT SEAT VALVES BID OPENING DATE: May 4, 2022 BID OPENING LOCATION: City Hall 5th Floor Council Chambers BID NUMBER:P22-041 NAME OF BIDDER Ferguson Coburn Supply Core& Main Rural Pipe& Supply^ LOCATION Houston, Texas New Caney, Texas Beaumont, Texas Jasper, Texas TYPE UNIT TOTAL TOTAL TOTAL TOTAL ITEM # SIZE CONNECTION QTY COST COST UNIT COST COST UNIT COST COST _UNIT COST COST 1 4" MJ 5 $647.33 $3,236.65 $570.00 $2,850.00 $735.09 $3,675.45 $658.69 $3,293.45 2 6" MJ 10 $825.88 $8,258.80 $730.00 $7,300.00 $938.35 $9,383.50 $841.00 $8,410.00 3 8" MJ 5 $1,315.04 $6,575.20 $1,160.00 $5,800.00 $1,493.14 $7,465.70 $1,339.00 $6,695.00 4 12" MJ 2 $2,594.52 $5,189.04 $2,290.00 $4,580.00 $2,852.59 $5,705.18 $2,640.00 $5,280.00 5 16" MJ 2 $8,696.74 $17,393.48 $7,540.00 $15,080.00 $9,173.74 $18,347.48 $9,143.00 $18,286.00 6 20" MJ 1 $17,096.21 $17,096.21 $14,820.00 $14,820.00 $18,035.36 $18,035.36 $17,972.00 $17,972.00 7 24" MJ 1 $24,261.69 $24,261.69 $21,075.00 $21,075.00 $25,644.45 $25,644.45 $25,554.00 $25,554.00 8 4" Flg.x MJ 8 $816.66 $6,533.28 $680.00 $5,440.00 $702.57 $5,620.56 $831.00 $6,648.00 9 6" Flg. x MJ 10 $1,153.04 $11,530.40 $960.00 $9,600.00 $938.35 $9,383.50 $1,173.00 $11,730.00 10 8" Flg.x MJ 10 $1,711.47 $17,114.70 $1,430.00 $14,300.00 $1,465.87 $14,658.70 $1,743.00 $17,430.00 11 12" Flg.x MJ 2 $3,898.72 $7,797.44 $3,260.00 $6,520.00 $2,639.56 $5,279.12 $3,967.00 $7,934.00 12 3" Flg. w/handwheel 5 $812.87 $4,064.35 $730.00 $3,650.00 $899.92 $4,499.60 $893.00 $4,465.00 13 4" Flg. w/handwheel 6 $927.18 $5,563.08 $835.00 $5,010.00 $928.17 $5,569.02 $1,022.00 $6,132.00 14 6" Flg. w/handwheel 6 $1,350.65 $8,103.90 $1,085.00 $6,510.00 $1,205.60 $7,233.60 $1,327.00 $7,962.00 IS 8" Flg. w/handwheel 6 $2,213.16 $13,278.96 $1,655.00 $9,930.00 $1,841.06 $11,046.36 $2,026.00 $12,156.00 16 10" Flg. w/handwheel 2 $3,621.19 $7,242.38 $2,430.00 $4,860.00 $2,622.94 $5,245.88 $2,977.00 $5,954.00 I7 12" Flg. w/handwheel 2 $4,713.96 $9,427.92 $3,165.00 $6,330.00 $3,414.94 $6,829.88 $3,876.00 $7,752.00 18 14" Flg. w/handwheel 1 $16,771.72 $16,771.72 $12,300.00 $12,300.00 $18,563.27 $18,563.27 $13,816.00 $13,816.00 thi 19 16" Flg. w/handwheel I $20,745.35 $20,745.35 $15,225.00 $15,225.00 $21,145.92 $21,145.92 $17,120.00 $17,120.00 20 18" Flg.w/handwheel I $23,396.11 $23,396.11 $17,150.00 $17,150.00 $26,173.47 $26,173.47 $19,273.00 $19,273.00 TOTAL $ 233,580.66 $ 188,330.00 $ 229,506.00 $ 223,862.45 *AII valves Manufactured by American AVK Company-2155 Meridian Blvd. Minden, Nevada 89423 YoGa ida ScUpion—Gor dea& 6/3/2022 Yolanda Scypion-Goudeaux, Purchasing Assistant Date Page 1 (jaeajuoa) g mgEuxa PURCHASING CONTRACT AGREEMENT FOR RESILIENT SEAT VALVES THIS AGREEMENT, made this the day of , 2022, by an individual, firm partnership or corporation, Coburn Supply, of New Caney, Texas, hereinafter called"Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or"City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Contract shall be six (6) months from the date that it is signed by the City, with the option to renew for two (2) additional one-year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Vendor will provide Resilient Seat Valves, as delineated and submitted in their bid dated May 4, 2022. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Resilient Seat Valves 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in a not-to-exceed maximum amount of$188,330.00 as shown in the Bid schedule. 5. The term "Contract Documents" means and includes the following: a) Agreement b) Invitation to Bid c) Specifications d) General Information e) Bid f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A- 1 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED on the day of , 2022. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of 2022 WITNESS VENDOR BY A-2 is is THURMAN BILL BARTIE,MAYOR RON BURTON DONALD FRANK SR,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: / i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. .-- CITY SECRETARY CAL 3.JONES O r t r t h rd r TH AS J.KINLAw III VAL TI%ENO KEN 'METH MARKS i`'t a•s CITY ATTORNEY CHARLOTTE MOSES 1coPY APRIL 26,2022 INVITATION TO BID Resilient Seat Valves for Utility Operations DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Tine, Wednesday, May 4, 2022. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, May 4,2022 in the City Council Chambers. City,Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P22-041 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 Scone 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.williams@portarthurtx.gov d'. Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB 1 P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid(I'1B)and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bid ;must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed env*lope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALE: 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 18 INVITATION TO BID Resilient Seat Valves for Utility Operations (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? '1 Were the specifications clear? V Were the specifications too restrictive? V Does the City pay its bills on time? V Do you desire to remain on the bid list for this product or service? 13 Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Coburn Supply Company, INC Person Completing Form: Telephone: Jeffrey Wimp 281-354-0300 Mailing Address: Email: 21371 US Hwy 59 N jwirnp@a ;oburns.com City,State,Zip Code: Date: ____ New Caney, TX 77357 04/29/22 is Page 3 of 18 is } UBMIT THE FOLLOWING. A. BID SHEETS—PAGE 6& 7. B. NON-COLLUSION AFFIDAVIT—PAGE 8(MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 9(MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN&DATE ON LINE 7-PAGE 10 E. CHAPTER 2252 CERTIFICATION—PAGE 12 F. HOUSE BILL 89 VERIFICATION—PAGE 13 is } } 3'. 53 9 Page 4 of 18 is THE CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT SPECIFICATIONS FOR RESILIENT SEAT VALVES: General Information These specifications are for the furnishing of Resilient Seat Valves for the City of Port Arthur Water Utilities Department, delivered F.O.B., City of Port Arthur, Water Utilities Service Center, 111 H.O. Mills Blvd., Port Arthur, Texas 77640. The City will take delivery of valves during the life of the contract per written request stating the quantity, size, type, and expected delivery date. The supplier shall deliver all valves no later than 3:00 p.m.during normal business days unless otherwise specified by the City. The term of this contract shall be for a period of six months. However, the City reserves the right to extend the contract in its exact same terms at the original bid amount for two additional one year periods with both parties' consent. The City reserves the right to reject any or all bids and waive formalities. The City reserves the right to award the bid by item or award all items to one supplier. The City may, at any time during the life of the contract,terminate this contract/purchase order with 30 days prior written notice. Technical Specifications All 'valves shall be constructed with a high strength cast iron body and bonnet and coated with a corrosion resistant finish. All bolts will be of corrosion proof steel. Flange dimensions and drilling shall comply with ANSI B16.1, class 125. Mechanical joint type valve dimensions shall comply with the latest revision of ANSI A2I 11 and AWWA C-111. Operating nuts for all valves shall be square, two (2) inches, face-to-face unless otherwise noted. All valves shall be "open left" or open counter-clockwise. The bid quantities specified are approximate and are used as a basis for bidding only. These quantities were determined from past experience, and do not obligate the City to purchase these amounts. Products must be American made. Resilient Seat Gate Valves All Resilient Seat valves shall meet or exceed AWWA Standard C509, as manufactured by American Flow Control or approved equal. Valves shall be finished, inside and outside, with an epoxy coating. The solid bronze steni shall have two 0-ring stem seals; one above and one below the thrust collar. The area between these seals shall'be filled with lubricant to provide permanent lubrication for the thrust collar and 0-rings. Val`�e stems for all gate valves in this section shall be of the non-rising stem type (unless otherwise noted), machined from a solid bronze rod. is 3 t- i I , Page 5 of 18 i • ! I i CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 2 BID FOR: Resilient Seat Valves for Water Utilities Department BID OPENING DATE: May 4, 2022 Item Size Type Connection Qty. Unit Price Total Price Resilient Gate Valve-MJ ONLY 1 4" MJ 5 $$570.00 $ $2,850.00 2 6" MJ 10 $$730.00 $ $7,300.00 3 8" MJ 5 $$1,160.00 $ $5,800.00 4 12" MJ 2 $$2,290.00 $ $4,580.00 5 16" MJ 2 $$7,540.00 $ $15,080 00 6 20" M.1 1 $$14,820.00 $ $14,820.00 7 24" M.1 1 $$21,075.00 $ $21,075.00 TappinM Valves 8 4" Flg.x MJ 8 $ $680.00 $ $5,440.00 9 6" Flg.x MJ 10 $ $960.00 $ $9,600.00 10 8" Fig. x MJ 10 $ $1,430.00 $ $14,300.00 11 12" Flg. x Mi 2 $ $3.260.00 $ $6,520.00 Rising Stem-OS& Y 12 3" Flg. w/handwheel 5 $ $730.00 $ $3,650.00 13 4" Flg. w/handwheel 6 $ $835.00 $ $5,010.00 14 6" FIg. w/handwheel 6 $ $1,085.00 $ $6,510 00 15 8" FIg. w/handwheel 6 $ $1,655.00 $ $9,930.00 16 10" Flg. w/handwheel 2 $ $2,430.00 S $4,860.00 17 12" Flg. w/handwheel 2 $ $3,165.00 $ $6,330.00 Bidders Signature: \JA.,.....-- Page 6 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 2 Itet Size Type Connection Qty Unit Price Total Price Rising Stem-OS& Y con't 18 14" Flg.w/handwheel 1 $$12,300.00 $$12,300 00 19 16" Flg. w/handwheel 1 $$15,225.00 $$15,225,00 20 18" Flg.willandwheel I $$17,150 00 $$17,150.00 Grand Total $ $188,330 00 Cotium Supply Company, INC 21371 US Hwy 59 COMPANY NAME STREET ADDRESS None iRE OF DDER P.O. BOX Jeffrey Wimp New Caney, TX 77357 PRINT OR TYPE NAME CITY STATE ZIP Contract Administrator 281-354-0300 TITLE AREA CODE TELEPHONE NO jwirnp@coburns.com 281-354-9637 EMAIL FAX NO. 1 Page 7 of 18 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: Jeffrey Wimp Title: Contract Administrator Company: Coburn Supply Company, INC Date: 04/29/22 SUBSCRIBED and sworn to before me the undersigned authority by 7'> the frJa1 of,,,q,D,42on behalf of said bidder. T)4_01)1/41 ► J94_, Notary Public i r and or the State of Texas My commission expires: I Div. Brenda Jane Hodges My Commission Eiq*s' ''. ;a 11112/2024 to No.125085837 } Page 8 of 18 1 AFFIDAVIT All pages in Offeror's Responses containing statements, letters,etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: V, 1 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 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. Coburn Supply Company, INC 04/29/22 Firm Name Date ---- Contract Adriin istrator t o zed Signature Title Jeffrey Wimp 281-354-0300 Name(please print) Telephone iwifilp@cobums.com Email ST TE: /ey.-0 5 .t4,. COUNTY:622,04.5anet/ SUBSCRIBED AND SWORN to before me by the above named—1.;. /Cieet \id i rielp on this the Z AID day of Mel ,2029. . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ge Nte, Brenda Jane tiodges tr*.. my cornmisagon Exam :Di, /woo 11/12/2024 7 Noll ID No 12600583 Page 9 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 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(e-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. D/N/A 2J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. DIN/A Name of Officer i 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 n No 11 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. 18 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). 04/2 /22 Sig ndor doing siness with the govemmentai entity Date =orm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 18 I 1 • • • • • 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:(rwww.statutes.legis.state.tx.usi DocsILG/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. is 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 tamily member of the officer that results in the officer or family member receiving taxable income,other than investment income that exceeds$2,500 during the 12-month period • preceding the date that the officer becomes aware that • (i) a contract between the local governmental entity and vendor has been executed; • or • (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176,006(a)and(a-11 (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship • with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local • governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); • • (2) has given a local government officer of that local governmental entity,or a family member of the • officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any • gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: • (A) begins discussions or negotiations to enter into a contract with the local governmental • entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local • governmental entity;or (2) the date the vendor becomes aware: • (A) of an employment or other business relationship with a local government officer,or a •• family member of the officer,described by Subsection(a); • • (B) that the vendor has given one or more gifts described by Subsection(a);or • • (C) of a family relationship with a local government officer. • • • • i Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • Page 11of18 SB 252 CHAPTER 2252 CERTIFICATION Jeffrey Wimp , the undersigned and representative of Cjoburn Supply Company, INC (Company or Business Name) I!. 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. Jeffrey Wimp Nave of Company Representative(Print) teej Si it a re of Company Representative 04/ 9/22 Da 773 I1 Page 12 of 18 I' Ij I House Bill 89 Verification ffroyWimp (Person name), the undersigned representative (hereafter referred to as "Representative") of Cobtirn Supply Company, INC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. i That Representative is authorized to execute this verification on behalf of Business Entity; 2. I' 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. S T E OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this -7 "9 day of PI Q , 20,E I 4,./„Aa_ Notary Public Py4k4Y Brenda Jane Hodges Z* My Comn ssion Expres r t v12/2024 • 10, 0 No 125085837 • Page 13 of 18 GENERAL INFORMATION: I NOT: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port ArtOur 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 wit]) 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. BI AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these sp ifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. 1 Thej 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. 1 Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to a l 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 rela ionships such persons may have with City of Port Arthur officers. The form can be can be located at the Tex ' Ethics Commission website: https://www.ethics.state.tx.uslfilinginfo/conflict forms.htm By 4oing business or seeking to do business with the City of Port Arthur including submitting a response to this RFFI 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. Anyl'information provided by the City of Port Arthur is for information purposes only. If you have conerns 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. Page 14 of 18 II 1 I ET CS: 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. An) 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: I. Be able to comply with the required or proposed delivery schedule. 2 Have a satisfactory record of performance. i 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. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 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. P ES: 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.: Utility Operations, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T'C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the inv ic e. SALJES 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. 1 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. Page 15of18 I COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.,City of Port Arthur,Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is spedif cally 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 proam 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 Page 16 of 18 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by to 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. is TE_.MINATION 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 ffirnish 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. I 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 forc�insurance that will protect against injury and/or damages which may arise out of or result from operations und ; this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage$100,000 per occurrence regardless of contract amount; and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. Page 17 of 18 . 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 CERTIFICA It 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 tiled 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. l 3]� 1 i 33. Page 18 of 18 9'