HomeMy WebLinkAboutPR 22713: AUTHORIZING A CONTRACT WITH W AND W CONSTRUCTION FOR UTILITY CUT REPARS AT VARIOUS LOCATIONS THROUGHOUT THE CITY 4 City of '
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: July 21, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Yolanda Goudeaux, Purchasing Assistant
RE: P.R. 22713 —the Annual contract for utility cut concrete repairs
Introduction:
Award the Annual contract for utility cut concrete repairs throughout the City in various
locations to W and W Construction of Port Arthur, TX for a projected estimated amount of
$150, 000.
Background:
The City advertised on April 20, 2022 and April 27, 2022. Bid were received on May 11, 2022.
Two bids were received, W and W Construction was the lowest most responsible bidder for
the Annual contract for utility cut concrete repairs throughout the City in various locations.
Budget Impact:
Funds for the utility cut concrete repairs are provided in account number 001-21-053-5316-
00-70-000, Public Works Street Maintenance- City Streets and 410-40-215-5316-00-00-000
Water Utilities, Water Distribution- Street with an estimated amount of$150,000.
Recommendation:
Approval of P.R. No. 22713 authorizing the City Manager to execute a contract with W and W
Construction of Port Arthur, TX for the Annual contract for utility cut concrete repairs
throughout the City in various locations.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 Port Arthur,Texas 77641-1089 409.983.8101 X FAX 409.982.6743
P.R. No.22713
7/21/2022 ysg
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND W AND
W CONSTRUCTION OF PORT ARTHUR, TEXAS FOR UTILITY CUT
REPAIRS AT VARIOUS LOCATIONS THROUGHOUT THE CITY WITH
A PROJECTED IMPACT OF $150,000.00. FUNDING AVAILABLE IN
PUBLIC WORKS STREET MAINTENANCE — CITY STREETS,
ACCOUNT NO. 001-21-053-5316-00-70-000 AND WATER UTILITIES
WATER DISTRIBUTION -STREETS, ACCOUNT NO.410-40-215-5316-00-
00-000.
WHEREAS, the City of Port Arthur's Water Utility Department performs utility line
repairs at random time intervals throughout the City including demolishing existing concrete slabs
within the City's right-of-way, easements, or other properties: and,
WHEREAS, the City of Port Arthur's Purchasing Division advertised in the Port Arthur
news on April 20, 2022 and April 27, 2022; and,
WHEREAS, bids for utility cut repairs for concrete slabs, as shown in Exhibit"A" were
received on May 11, 2022; and,
WHEREAS, the Purchasing and Public Works Department assessed the bids and
determined that there is a high probability that Item#5,(i.e.,Curb&Ramp)will be rarely utilized,
which makes W and W Construction the lowest most responsive bidder, for the utility cut repairs
for concrete slabs.
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 execute said contract between the City of Port
Arthur and W and W Construction of Port Arthur,TX,for utility cut and repairs for concrete slabs
one-year contract with an option to renew for two additional one-year terms.in substantially the
same form as attached hereto as Exhibit"B"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R.No. 22713
7/21/2022 ysg
Page 2 of 2
READ, ADOPTED AND APPROVED this the_day of , A.D. 2022 at
a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
4r / .� , /11. I #:
Valecia T zeno P A Ron Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
Kandy Da iel,
Director of Finance
10 / Of -
ozell 'obert
Direc r of Pu. - orks
Aii& r1.k,
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
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EXHIBIT B
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE
SLABS AT VARIOUS LOCATIONS THROUGHOUT THE CITY
THIS AGREEMENT, made this day of , 2022, by and between the
City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,
hereinafter called "OWNER" or "CITY" and W and W Construction hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions and agreements
set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be for one(1)year from the date stated on the Notice to Proceed
with an option to renew for two additional one-year terms,unless sooner terminated under the
provision hereof. The City can terminate this contract at its convenience which includes, but
is not limited to,funding not bring available in any budget cycle within fifteen(15)days written
notice.
2. The Contractor shall repair utility cuts throughout the city at various locations.
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 of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms in the amounts stated in the bid documents.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) General Information
3) Specification
4) Bid
5) Notice of Award
=6) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an
original on the date first written above.
Signed on the day of 2022
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of , 2022
ATTEST W and W Construction
BY
CITY SECRETARY
PRINT NAME:
TITLE:
THURMAN BILL BARTIE,MAYOR •NALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM = CITY MANAGER
City of •
COUNCIL MEMBERS: A SHERRI BELLARD,TRMC
INGRID HOLMES / CITY SECRETARY
CAL JONES o 7 t r t{ttr��
THOMAS KINLAW,III. VAL TIZENO
KENNETH MARKSTexas CITY ATTORNEY
CHARLOTTE MOSES
MAY 3, 2022
INVITATION TO BID
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
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: P22-057
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,4`h 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 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
Page 1 of 18
0 •
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 18
INVITATION TO BID
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
(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 18
410
•
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEETS-PAGE 6
B. NON-COLLUSION AFFIDAVIT-PAGE 7(MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 8 (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 9& 10
E. CHAPTER 2252 CERTIFICATION-PAGE 11
F. HOUSE BILL 89 VERIFICATION-PAGE 12
Page 4 of 18
• •
PORT ARTHUR PUBLIC WORKS DEPARTMENT
ANNUAL CONTRACT FOR UTILITY CUT REPAIRS FOR CONCRETE SLABS
AT VARIOUS LOCATIONS THROUGHOUT THE CITY
The following specifications given shall apply to all locations. The specifications described
below are referenced from the City of Port Arthur Standard Detail Sheets.
1.0 Demolition: Contractor shall remove backfill material from the repair area to a depth of
six inches (6") for four inch (4") slab and eight inches (8") for a six inch (6") slabs.
Slabs that are greater than six inches (6") shall be paid by the ratio method. Saw-
cut patched areas to straight neat edge lines. Broken edge connection will not be
accepted. Avoid damaging concrete that will remain in place. Contractor must remove
debris daily and leave a clean worksite upon completion of each repair. Sawcut asphalt
pavement to full depth.
2.0 Construction: Contractor shall furnish all labor, equipment, and materials to provide
this service. Contractor shall notify resident prior to construction. All driveways,
sidewalk, street or other slab repairs shall be in accordance with the City of Port Arthur,
Texas Standard Detail Sheets (see attached). Concrete curb can be monolithic by
contractor's option. Curb ramps shall meet the 2012 Texas Accessibility Standards.
3.0 Concrete shall have a 28-day compressive strength of 3600 psi and shall provide mix
design from concrete supplier at the awarding of the contract.
4.0 All street and pedestrian patches shall be open to traffic within 12 hours after pour.
5.0 Forms and steel reinforcement must be inspected by the Public Works Department
personnel prior to placing concrete. Contractor shall commence repair operations
within 48 hours of notification. Contractor must barricade the construction area at non-
working hours.
6.0 The City shall submit list of repair locations, mark repair area, calculate repair area, and
submit list to the contractor. The City will attempt to submit a minimum of four
locations minimum unless otherwise specified by the City. Repair areas shall not include
TxDOT roads. Prices include complete repair service (sawcut, excavation,
reinforcement, concrete pour and barricades). Curb and gutter prices include removal of
gutter and disposal
7.0 Work must be completed within seven days of notification to begin
CONTRACT TERM: The contract period will be one (1) year with the option to renew
for two additional one year terms.
Page 5 of 18
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Annual Contract for Utility Cuts Repairs for Concrete Slabs at Various Locations
throughout the City
BID DUE DATE: May 11, 2022
UNIT COST
DESCRIPTION UOM LESS THAN 100 100 SF OR
SF MORE
RESIDENTIAL REPAIR SF $15.00 $6.75
COMMERCIAL REPAIR SF $20.00 $10.00
ROADWAY REPAIR SF $25.00 $12.00
DESCRIPTION UOM LESSTHAN 50 50 LF OR
LF MORE
CURB & GUTTER LF $27.00 $25.00
CURB & RAMP EA $3,500.00
W and W Construction 1327 Lake Charles Avenue
COMPANY NAME STREET ADDRESS
(4fit
IGNATURE OF BIDDER . P.O. BOX
Walter Washington III Port Arthur Texas 77640
PRINT OR TYPE NAME CITY STATE ZIP
Owner/Operator 409 718-5566 or 365-6151
TITLE AREA CODE TELEPHONE NO.
REVKJW1327@CS.COM
EMAIL FAX NO.
Page 6 of 18
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 x_as Bu:'ness 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: / ,IOCt& r��
Printed Name:
Walter Washington Ill
Title: Owner/Operator
Company: W and W Construction
Date: May 9, 2022
SUBSCRIB D and sworn to before me by the above named A)CLI-I.+' /0056,9481011-
this
)QS6,948n 1Ithis the 1 day of rC\OL , 20 9
J
Notary Public in and for the
State of Texas
My commission expires: 031 I -a1, ODS
?i?'
' ' RHONDA C.CONNER
°tet
My Notary ID#10708111
-7.,,,:&•,6-,.;Et'• Expires March 12,2025
Page 7 of 18
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.
W and W Construction May 9, 2022
Firm Na Date
// ,, Owner/Operator
l/L/�
A thorized Signature Title
Walter Washington III 409 -718-5566 or 365-6151
Name(please print) Telephone
REVKJW1327@CS.COM
Email
STATE: Texas
COUNTY: Jefferson
SUBSCRI BED AND SWORN to before me by the above named \h.1 Ie ir 14 i-03O 1
on this the ,11)4
day of 0 ( 1 , 20 Ca-- -
Notary Public
RETURN THISAFFIDAVIT AS PART OF THE BID PROPOSAL
?`•'pYp`e : RHONDAC.CONNER
y..•,My Notary ID#10708111 ,
'','F ,Et'•'
Expires March 12,2025
Page 8 of 1 °•`••` P
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.
Not Applicable
J �n
i l 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.)
31 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
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?
nYes 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?
nYes 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).
aia.±6,6 P../jOelMay 9, 2022
Signature of vendor doing business with Chep amental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 9 of 18
Not Applicable
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.usl
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 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-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 1110."2015
Page 10 of 18
House Bill 89 Verification
I, Walter Washington Ill (Person name), the undersigned
representative (hereafter referred to as "Representative") of
W and W Construction
(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 OFEPRES T•TIVE
JBSCRIBE /AND SWORN TO BEFO ME, the undersigned authority, on
this �L '- day of , 20
Notary Public
* ' ° RHONDA C.CONNER
My Notary ID#10708111
Expires March 12,2025
•.F�F tE.:
Page 11 of 18
SB 252
CHAPTER 2252 CERTIFICATION
Walter Washington III , the undersigned an representative
of W and W Construction
(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.
Walter Washington III
Name of Company Representative(Print)
.gnatureof Company Repro.= tat e
May 9, 2022
Date
Page 12 of 18
. i
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 13 of 18
• •
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.
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PAYMENT: Payment will be made upon receipt of the original invoi nd 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.
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While the purpose of the specifications is to indicate minimum regtents 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:
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2. Commercial General Liability occurrence type insurancSy 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.
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JOB EXAMINATION: Bidder should carefully examine and be *liar with the Plans,
Specifications and other Documents and other conditions and matters which can in any way
affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that
he or his qualified representative has visited the job site and investigated and satisfied himself as
to (a) the conditions affecting the work including but not limited of the physical conditions of the
site which may bear upon site access, handling and storage of tools and materials, access to
water, electric or other utilities or otherwise affect performance of required activities; (b) the
character and quantity of all surface and subsurface materials or obstacles to be encountered in
so far as this information is reasonably ascertainable from inspection of the site, including
exploratory work done by the OWNER or a designated consultant. Failure to do all of he above
will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to
carry out the provisions of the Contract Documents and to complete the contemplated work for
the considerations set forth in the bid. Any information shown in the specifications or on the
Plans in regard to subsurface data, test borings and similar conditions is to be considered
approximate and does not relive the Bidder of the responsibility for its verification. OWNER is
not responsible for any failure by the CONTRACTOR to acquaint himself with available
information for estimating properly the difficulty or cost of successfully performing the work.
The OWNER is not responsible for any conclusions or interpretations made by the
CONTRACTOR on the basis of the information made available by the OWNER. In conformity
with applicable statutes, the OWNER has adopted a labor classification and a minimum wage
scale, which is included preceding the Specifications.
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