HomeMy WebLinkAboutPR 22674: AUTHORIZING A SIX-MONTH CONTRACT WITH COBURN SUPPLY CO FOR PURCHASE OF HIGH DENSITY POLYETHYLENE PIPE City of
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INTEROFFICE MEMORANDUM
Date: July 8, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E. Water Utilities Director
RE: PR 22674—HDPE Pipe for Pipebursting Operations by City Staff
Introduction:
The intent of this Agenda Item is to seek City Council's approval to enter into a contract for
high density polyethylene (HDPE) pipe for use by City staff to replace sewer lines. Coburn
Supply Co., Inc. of Beaumont, Texas has submitted the sole bid for supplying HDPE pipe to
the City.
Background:
The sewer pipes in the City of Port Arthur are in need of replacement. Pipebursting is an
effective and efficient method for replacement of sewer pipe with minimal environmental
surface impact.
Budget:
Purchases of HDPE pipe for this year for the Wastewater Conveyance Division are projected
to be $243,000.00. They will be stored in inventory, used on an as-needed basis and charged to
Account No. 410-40-220-5313-00-00-000, Sewer System Maintenance, on removal from the
Warehouse.
Recommendation:
It is recommended that City Council approve PR No. 22674, authorizing the execution of a
six- month contract with Coburn Supply Co. of Beaumont, Texas for the purchase of HDPE
Pipe with an option to renew for two additional one year periods as discussed/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 22674
7/8/22 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A SIX-MONTH CONTRACT WITH
COBURN SUPPLY CO., INC. OF BEAUMONT, TEXAS
FOR THE PURCHASE OF HIGH DENSITY
POLYETHYLENE (HDPE) PIPE FOR PIPEBURSTING,
WITH A PROJECTED BUDGETARY IMPACT OF
$243,000.00. FUNDING IS AVAILABLE IN WATER
UTILITIES ACCOUNT NOS. 410-40-220-5313-00-00-000.
WHEREAS, the sewer pipes in the City of Port Arthur are in need of replacement; and,
WHEREAS, pipebursting is an effective and efficient method for replacement of sewer
pipe with minimal environmental surface impact; and,
WHEREAS, high density polyethylene (HDPE) pipe is used in the pipebursting process;
and,
WHEREAS, the Purchasing Division of the Finance Department solicited bids for
supplying HDPE pipe to the City; and,
WHEREAS, Coburn Supply Co., Inc. of Beaumont, Texas has submitted the sole bid for
supplying HDPE pipe to the City (Exhibit A); and,
WHEREAS, this bid has been evaluated by the Purchasing Division and Water Utilities
Department and found to be a fair price; and,
WHEREAS,this contract is for six months with an option to renew for two additional one
year 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 authorized to enter into a six-month contract with the option
to renew for two additional one-year periods with Coburn Supply Co., Inc. of Beaumont, Texas,
PR No. 22674
7/8/22 bw
Page 2 of 3
in substantially the same form attached hereto as Exhibit"B" for the purchase of HDPE pipe with
an annual projected budgetary impact of$243,000.00; and,
THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the
Meeting 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:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
lr'
r,
Valecia Tiz no
City Attorney
PR No. 22674
7/8/22 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton Calvin Matthews, P.E.
City Manager Water Utilities Director
APPROVED AS TO THE AVAILABILITY
OF FUNDS:
(21iik LeA.44.,
Ka
ndy Daniel Clifton Williams, CPPB
Interim Director of Finance Purchasing Manager
Exhibit A
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Exhibit B
PURCHASING CONTRACT AGREEMENT
HIGH DENSITY POLYETHLENE (HDPE) PIPE
THIS AGREEMENT is made this the of , 2022, by and
between an individual, firm, partnership, or corporation, Coburn Supply Co., Inc. of
Beaumont, 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. This Agreement is for six (6) months with an option to renew for two (2)
additional one year periods.
2. This term of the Agreement will be from , 2022
through
3. 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.
4. The Vendor will provide the materials as delineated and submitted in the
specification and contract documents at the unit price shown on the
attached bid tab.
5. During the term of this Contract, the Vendor will furnish all of the materials
and supplies, as stated in the specifications, described as:
HDPE Pipe
6. The Vendor agrees to deliver all materials on an as needed basis during the
term of the contract, at the unit prices listed in the bid documents dated
June 8, 2022.
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
8. The term "Contract Documents" means and includes the following:
a. Agreement
b. Invitation to Bid
c. Addenda
d. General Information
e. Specifications
f. Bid
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in two (2) copies each of which shall be
deemed an original on the date first above written.
SIGNED AND AGREED to on the day of , 2022.
WITNESS: VENDOR:
Coburn Supply Co., Inc.
SIGNED AND AGREED to on the day of , 2022.
WITNESS: OWNER:
City Secretary City Manager
THURMAN BILL BARTIE,MAYOR RON BURTON
DONALD FRANK SR,MAYOR PRO TEM City CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. h-rti, CITY SECRETARY
CAL J.JONES C)i r26rar
THOMAS J.KINLAW III VAL TILENO
KENNETH MARKS 7exrzs CITY ATTORNEY
CHARLOTTE MOSES
11CO Y
MAY 23, 2022
INVITATION TO BID
ANNUAL CONTRACT FOR HDPE PIPE
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, June 8, 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,June 8, 2022 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P22-067
DELIVERY ADDRESS: Please submit one(1)original and one(I)copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.Q. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur,TX
Yolanda Scypion-Goudeaux,Purchasing Assistant
P.O. Box 1089
Port Arthur,TX 77641
1 1anda geude4.ux(i;portarthurtx.gov
Purchasing Division/Finance Department f Purchasing Manager,Clifton Williams,CPPB
P.O. Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the
City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 14
INVITATION TO BID
ANNUAL CONTRACT FOR HDPE PIPE
(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 14
SPECIFICATIONS FOR REPAIR
ANNUAL CONTRACT FOR HDPE PIPE
GENERAL INFORMATION
These specifications are for the furnishing of HDPE pipe delivered F.O.B., Water Utilities Service Center, ill
H.O. Mills Blvd.,Port Arthur, Texas 77640. The City will accept delivery of HDPE pipes during the life of this
contract per written request stating the quantity, size, type, and expected delivery date of HDPE pipes to be
delivered. The supplier shall make no deliveries after 3:00 p.m. during normal business days unless otherwise
specified by the City.
TECHNICAL SPECIFICATIONS&ESTIMATED OUANT!TIES
8 in X 50 ft DR17 IPS PE4710 HI)PE Gray Green Stripe Pipe
TERM OF CONTRACT
The term of this contract shall be for one six months, with the option to renew two (2) additional one year
period.
The City reserves the right to award the lowest overall responsive bidder or to award by item to the
respective lowest responsive bidder.
Page 4 of 14
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: ANNUAL CONTRACT FOR HDPE PIPE
BID DUE DATE: June 8,2022
ITEM # DESCRIPTION UNIT COST
$8 95
8" HDPE PIPE
5-10 working
DELIVERY will be made days after receipt of order.
Coburn Supply Co INC, 21371 US Hwy 59 N
COMPANY NAME STREET ADDRESS
SIG . CRF OF B DER 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
jwimp@coburns.com 281-354-0302
EMAIL FAX NO.
Page 5 of 14
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:Name:
Jeffrey Wimp
Title:
Contract Administrator
Company:
Coburn Supply Co INC.
Date:
6/6122
SUBSCRIBED and sworn to before me by the above namedex Wrivip on this the -44
day of-37o.e.... , 202...
1//14tAdei ilia
Notary Public' and for the
State of Texas
My commission expires:
"IN Brenta Jane
Iri* • MyComte ' "es
•. :. lesion Expire.
11/12/2024
Nicole io No.1260$56.37
Page 6 of 14
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:
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.
Coburn Supply Co INC. 6I6f22
Firm Nam - Date
�"' Contract Admini..` =tor
Authori d Signature Title
Jeffrey Wimp 28t-354-0300
Name(please print) Telephone
jwimpcoburns.corm
Email
STATE: '
COUNTY: 0,y -,►fr y
SUBSCRIBED AND SWORN to before me by the above named fcge ' Wimp
on this the 44 day of-Ten-e ,2001, ...
APP,'N Brenda Jane Hodges Notary Publi
;4 My Comm,awn Expires
'0,: . 11/12/2024
'Hal& IC No 125085e37
RE • - - 'ART OF THE BID PROPOSAL
Page 7 of 14
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
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 ails; 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
2-1 Name of vendor who has a business relationship with local governmental entity.
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.)
2.1 Name of local government officer about whom the information is being disclosed.
Name of Officer
LJ Describe each employment or other business relationship with the local government officer,or a family member ol 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
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income,from the vendor?
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-0 r
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.
riCheck 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)(9), excluding gifts described in Section 176 003(a-1).
1.1
41116 6/6/22
Si. ur ra 7,FL.nd or doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1113012015
Page 8 of 14
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acompiete copy of Chapter 176 of the Local Government Code may be found at http:Itwww.statutes.legis.state.tx.usi
DocsILGlhtm/LG.176.htm.For easy reference,below are some of the sections cited on this term.
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 slate 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 tile 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) acontract 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 eternity 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-1)
(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-I) The completed conflict of interest questionnaire must be tiled with the appropriate records administrator
not later than the seventh business day after the later ot:
(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 11i30/2015
Page 9 of 14
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem
to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is
within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this 1'l'B, 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: httpsJ/ww w.ethics.state.tx usifilinvinfo/conflict forms.him
By doing business or seeking to do business with the City of Port Arthur including submitting a response to this
RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner
in which you must comply,you should consult an attorney.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee,official or agent of the City of Port Arthur.
Page 10 of 14
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.: 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 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.
Page 11.of 14
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS:The Contractor shall and will,in good workmanlike manner,perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract,in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
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.
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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 Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less;or
Bodily injury $1,000,000 single limit per occurrence or$500,000 each
person 1$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.
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None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICA fE 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.
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