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HomeMy WebLinkAboutPR 22721: PURCHASE OF A USED VACTOR TRUCK r.n Rv On,of - \.� ort rIititr www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 12, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 22721 —Purchase of a Used Vactor Truck Introduction: The intent of this Agenda Item is to seek City Council's approval for City Manager to purchase a used 2002 Sterling LT 7500 Vactor Truck for Wastewater Conveyance Division for $94,500.00. Background: The Water Utilities Department is in need of a vactor truck. Due to the cost of a new truck ($480,000) and the 10 months for delivery, bids for a used vactor truck were advertised July 16 2022 and July 23, 2022. On August 3, 2022, Purchasing Department opened bids from two (2) companies for the truck. The bid tabulation and truck specifications are attached as Exhibit A. Budget Impact: The total budgetary impact for this truck is $94,500.00. Funding is available in Water Utilities Account No. is 410-40-220-8522-00-00-000, Equipment. Recommendation: It is recommended that City Council adopt Proposed Resolution No. 22721, authorizing City Manager to purchase a used vactor truck as described/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 22721 9/12/22 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A 2002 STERLING LT 7500 VACTOR TRUCK FOR THE WATER UTILITIES DEPARTMENT FROM BRYSTAR CONTRACTING, INC. OF BEAUMONT, TEXAS THROUGH COMPETITIVE BID PROCESS IN THE TOTAL NOT TO EXCEED AMOUNT OF $94,500.00. FUNDS ARE AVAILABLE IN WATER UTILITIES ACCOUNT NO. 410-40-220-8522-00-00-000,EQUIPMENT. WHEREAS, the Water Utilities Department routinely uses vactor trucks to vacuum sanitary sewer lift stations and sanitary sewer mains for the citizens of the City of Port Arthur; and, WHEREAS, the previously purchased vactor is now used by the Drainage Department; and, WHEREAS, the Wastewater Conveyance Division will use this truck to unstop and maintain the flow of sanitary sewer through gravity sewer lines; and, WHEREAS, Purchasing Department administered a competitive bid process and opened bids from two (2) different vendors that submitted a total of six (6) bids for one used Vactor Truck for Water Utilities Department, as delineated in our Purchasing Policy; and, WHEREAS,the lowest bid was disqualified due to excessive mileage; and, WHEREAS, Brystar Contracting, Inc., through competitive bid process, provided the second lowest bid, attached as Exhibit"A", which meets our specifications, NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR: THAT, City Council hereby authorizes the purchase of a 2002 Sterling LT 7500 Vactor Truck from Brystar Contracting, Inc., through the competitive bid process, organized by Purchasing Department, in the total not-to-exceed amount of$94,500.00; and, PR No. 22721 9/12/22 bw Page 2 of 3 THAT, funding for this equipment is provided for in Water Utilities Account No. 410- 40-220-8522-00-00-000; and, THAT, a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of 2022 at a Regular Meeting of 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: 11/ Valecia Tize o City Attorney PR No. 22721 9/12/22 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: K & n� V� Kandy Daniel Interim Finance Director 1 Clifto Willialsi,-lePPB Purchasing Manager EXHIBIT A -< ' i / . / ± 2 » .m i \ o % X oD z ' $ / � 2 i .: / \ Xm : / = 2 / , § / ) ; • $ CI- - : 2 E E 7 ® « c § -t z ,E s = 2 A ( i S £ = & § ¥ / = a � -� „ � \\ � 0 � � H LA\ ETA / -1 § / / # 2 » R o \ o c q / c \ c ƒ E Ems / f \> / 0 7 i q K C © * - " 0A ƒ a7 \ 22 a - _ >- 7e pc � 0 > \ - @ » ± _ £ » - w 2 \ 3 -4 § ° E \ 13 E = ® " / '' "I b ) � \. 8 "E , moo - ¢ = z R o n = ■ x + 2 R E —.0 ® 3 E � e e § e. \ ¥ f / � *ƒ f / 9 ptn A § R a H ESE a7 X + o 2 g - rit cn c § - > g =§ X M. ® � C• ' E � � \\ \ © eD CD a x + 6 - � cn \ N M Sof0zZoOp * p / • \ ° 2 ® Z, n o o> e o7 } + @ -, 1 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES.,MAYOR PRO TEM Ciry of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC DONALD FRANK,SR. cam— CITY SECRETARY CAL JONES o r t r t fi u r THOMAS KINLAW III VAL TIZENO KENNETH MARKS t` "t'� CITY ATTORNEY CHARLOTTE MOSES JULY 22, 2022 INVITATION TO BID PURCHASE OF USED VACTOR FOR UTILITY OPERATIONS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,August 2, 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, August 2, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P22-077 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 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 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 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 15 INVITATION TO BID PURCHASE OF USED VACTOR 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? 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 15 SPECIFICATIONS FOR PURCHASE OF USED VACTOR FOR UTILITY OPERATIONS SCOPE City of Port Arthur desires to purchase a pre-owned Vactor truck. The minimum truck specifications are as follows. Truck Specifications: • Maximum age—2001 model • Maximum mileage— 150,000 miles • Maximum engine hours—9500 • Fuel - diesel • Transmission —minimum 10 forward • Minimum wheelbase 165" • Single or Dual rear axle. • Airconditioned Combination Jet/Vacuum Specifications • Debris body o minimum 12-yard capacity hydraulic locking door, o minimum 6" knife drain valve, o debris body flush out system, o minimum 450 gpm pump off • Positive Displacement blower with minimum 27" vacuum system • Hose reel o Minimum 1000 feet capacity— ■ minimum 600 feet of hose installed, ■ minimum 10' leader hose driven by hydraulic power, • level wind, • minimum 180 deg articulating reel with footage counter • High pressure jet pump o Minimum 80gpm@3000 psi • Auxiliary engine: o Diesel engine with ■ Maximum 1000 hours, • low oil pressure & high water temp shutdown system, ■ engine enclosure, • control panel with tack, water temp, and oil pressure gauges • 10' telescopic boom with o minimum 270-degree rotation and 300m lock down, o remote pendant control with joystick control • Water tank with o Minimum 1300-gallon capacity with 2" overhead fill assembly with 2.5" filling assembly curbside Page 4 of 15 • Minimum 50' retractable handgun hose reel • Hydro excavation package • Winter recirculation package • Hydrostatic blower drive • Storage box behind cab • Washdown system - includes relief valve, handgun hose and quick connect • Minimum 2.5" water drain gate valve • Various nozzles Inspection: City reserves the right to inspect truck and Jet/Vacuum body and to have the unit inspected at a qualified shop, at City's expense. To facilitate this inspection the unit must be located within 200 miles of Port Arthur or be transported by seller to a mutually agreed location within the 200-mile limit for inspection by City and/or qualified shop. Page 5 of 15 • CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: PURCHASE OF USED VACTOR FOR UTILITY OPERATIONS BID DUE DATE: August 2, 2022 ITEM # DESCRIPTION SALE.PRICE 1 PURCHASE OF USED VACTOR FOR UTILITY OPERATIONS S { ,500. CO DELIVERY will he made & days after receipt of purchase order. COATP'ANY�NAME��,r�c t , c3.3g6 (_-Y1e of t«( P STREET ADDRESS SIGMA URE OF BIDDER P.O. BOX 'grga x P1'ps TeaurnaA TX .PR OR TYPE NAME CITY STATE ZIP `Pre sae iio9-84Z-6763 TITLE AREA CODE TELEPHONE NO tg rqa,. ,c- 7St3S71-a,r .Co" 4o9-r�,�Z- /2I5 EMAIL Page 6 of 15 2002 Vaccon VPD1212LHA/1300 on Freightliner Sterling division L7500 4`..L • 40. . , .061 r;r d'" a a d } i �..��y�� R ?h k•Sy y wr apr. i*- 4'2 : 4"9 t 7 i - r 4 ,s��. �► t s Truck: 4x2 truck forward air 2002 LT 7500 Serial Number 53204 168"WHEELBASE ENGINE:CAT 3406E MILEAGE: 132640 ENGINE HOURS 8893 10 SPEED TRANSMISSION VAC-CON COMBINATION JET VAC—VPD1212LHA/1300 • DEBRIS BODY—12 YARD CAPACITY HYDRAULIC LOCKING DOOR,6"KNIFE DRAIN VALVE,DEBRIS BODY FLUSH OUT SYSTEM,450 PGM PUMP OFF • ROOTS 721 PD BLOWER—27"VACUUM SYSTEM • HOSE REEL—1000 FEET CAPACITY—HAS+/-700 FEET OF HOSE CURRENTLY,1"HOSE 10'LEADER HOSE DRIVEN BY HYDRAULIC POWER,LEVEL WIND, 180 DEG ARTICULATING REEL WITH FOOTAGE COUNTER • PUMP 80 GPM@3000PSI • AUXILIARY ENGINE:859.8 HOURS ON CUMMINS 165 HP 6 CYL DIESEL,LOW OIL PRESSURE HIGH WATER TEMP SHUTDOWN SYSTEM,ENGINE INCLOSURE,CONTROL PANEL WITH TACK,WATER TEMP,OIL PRESSURE GAUGES • 10'TELESCOPIC BOOM WITH 270 DE ROTATION, BOOM LOCK DOWN, REMOTE PENDANT CONTROL,JOYSTICK CONTROL • WATER TANK—1300 GALLON WITH 2"OVERHEAD FILL ASSEMBLY WITH 2.5"FILLING ASSEMBLY CURBSIDE • 50' RETRACTABLE HANDGUN HOSE REAL • HYDRO EXCAVATION PACKAGE • WINTER RECIRCULATION PACKAGE • HYDROSTATIC BLOWER DRIVE • STORAGE BOX BEHIND CAB • WASHDOVIWN SYSTEM—INCLUDES RELIEF VALVE,HANDGUN HOSE AND QUICK CONNECT • 2.5"WATER DRAIN GATE VALVE • VARIOUS NOZZLES CITE 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: "R._ Panted Name: .i or5a_a 'Pkel p$ Title: Pre_si e.J Company: !'�Sta.r (7J AI (4c/ill Date: 4u5/ 20I? SUBSCRIBED and sworn to before me by the above named4cP jet,A (1s on this the �ref day of P vgisI , 20 ZZ . �J aern.!/ Notary 'Public in and for the State of Texas My commission expires: /0 SUZAN HOWBECK t�/\� ID#'5NE 199072 VMy Commission Expires October 28.2025 Page 7 of 15 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: )/ 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. v 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. 2)t-(.3)S ki.Ar relkirdc!ia 5 3 1422 Firm am&--"44-4L e Date `Pre 5 a 4/1 Authorized Signature Title C Pik e(csp�-$ 2- 676E, Nam'(please print) Telephone 1 ryartt - t s•/, . ear Email STATE: 'Te/ S COUNTY..;t-p42e rs a n SUBSCRIBED AND SWORN to before me by the above named fyg d on this the '�- J day of wa , ,20 Z2 (. r P� SUZANNE HOLUBECK _°/,�� l0#915�T2 Notary ublic My Commission Expires 4hOCI October 28,2025 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 15 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 Data 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 relationshipt with local governmental entity. • s1-ar (1A-(-tact,A.5 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.) J Name of local government officer about whom the information is being disclosed. A/c)ne Name of Officer al 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. 114 One_ 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 ,//H 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 /// J Describe each employment or business relationship that the vendor named in Section 1 mainteins 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. riCheck this box if the vendor has given the local government officer or a family member cf the officer one or more gifts as described in Section 176�003(a`(2)(B), excluding gifts described in Section 176.003(a-t). less entity Date Form provided by Texas Ethics Commission www ethics state tx us Revised 11'30'2015 Page9of15 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family 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) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics.state.tx us Revised 11130/2015 Page 10 of 15 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 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. 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 11 of 15 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 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 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 12 of 15 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. Page 13 of 15 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/$1,000,000 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. Page 14 of 15 None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 15 of 15 c -CITY OF PORT ARTHUR,TEXAS ityof ort reh`R"'� ADDENDUM NO.ONE (1) August 1,2022 BID FOR: PURCHASE OF USED VACTOR FOR UTILITY OPERATIONS The following clarifications,amendments,deletions,additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, August 3,2022. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m.on Wednesday,August 3,2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents;however,only the names of proposers will be read aloud. 2. Contract may submit an equivalent to the Vactor.City will evaluate to consider if it's an equivalent. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. • 1t !; Lt144. Cli'on Williams,CPPB Purchasing Manager ,�- 4-1- . , 26)22 Signature of Proposer Date 44-✓A.L.1/ . • - r - Com, any Vendor Name