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HomeMy WebLinkAboutPR 22879: AWARDING CONTRACTS TO VARIOUS CONTRACTORS FOR TRAFFIC PARTS J nY or1 rthor www.portarthurtx.gov INTEROFFICE MEMORANDUM I Date: November 8, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts,EIT, MEng,MBA, Director of Public Works RE: PR 22879—Awarding Contracts to Various Contractors for Traffic Parts Introduction: The intent of this agenda item is to seek City Council approval authorizing the City Manager to execute a contract with Consolidated Traffic Controls, Inc., Tiger Traffic, Inc., General Traffic Equipment Corp.,and Traffic Parts,Inc.,for traffic parts with a projected budgetary total amount of$60,000.00. Background: Purchasing advertised for bids on October 7, 2022 and October 14, 2022. Bid were opened on October 26, 2022, and six bids were received. The City is awarding each item to the lowest bidder. Public Works Traffic Division(Division) is replacing old, damaged traffic signals, and cabinets throughout the City. Consolidated Traffic Controls, Inc., Tiger Traffic, Inc., General Traffic Equipment Corp., and Traffic Parts, Inc These purchases will be made on an as-needed basis. Budget Impact: Funding for the procurement all traffic parts charged to the Traffic Division's Signal Systems Account, Account No 001-21-057-5321-00-70-000. Recommendation: It is recommended that City Council approve PR 22879 authorizing the City Manager to execute various contracts with Consolidated Traffic Controls,Inc.,Tiger Traffic,Inc., General Traffic Equipment Corp., and Traffic Parts, Inc. for traffic parts on an as-needed basis for the projected budgetary total amount of$60,000.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No.22879 11/3/22 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CONSOLIDATED TRAFFIC CONTROLS, INC., TIGER TRAFFIC, INC., GENERAL TRAFFIC EQUIPMENT CORP., AND TRAFFIC PARTS,INC.FOR TRAFFIC PARTS WITH A PROJECTED BUDGETARY AMOUNT OF $60,000.00; FUNDING AVAILABLE IN TRAFFIC DIVISIONS SIGNAL SYSTEMS ACCOUNT NO. 001-21-057-5321-00-70-000. WHEREAS,the City of Port Arthur's Traffic Division is responsible for the installation and maintenance of traffic signals and the cabinets containing the equipment that controls the signals throughout the City; and, WHEREAS,the City advertised in the Port Arthur News on October 7th and 14t', 2022 and received six bids on October 26, 2022; and, WHEREAS,the City awarded to the lowest bidder for each item as indicated on the bid tabulation attached hereto as Exhibit"A"; 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 of the City of Port Arthur is hereby authorized and directed to enter into a contract with Consolidated Traffic Controls, Inc., of Arlington, Texas for the purchase of traffic parts in substantially the same form as attached in Exhibit B; and, THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to enter into a contract with Tiger Traffic, Inc., of Houston, Texas, for the purchase of traffic parts in substantially the same form as attached in Exhibit C; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to enter into a contract with General Traffic Equipment Corp., of Newburg, New York, for the purchase of traffic parts in substantially the same form as attached in Exhibit D; and, P.R.No.22879 11/3/22 FCR Page 2 of 3 THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to enter into a contract with Traffic Parts, Inc., of Spring, TX Newburg, New York, for the purchase of traffic parts in substantially the same form as attached in Exhibit E; now therefore, THAT, funding for this purchase is to be charged to the Signal Systems Account, account number 001-21-057-5321-00-70-000; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council; and, 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 P.R. No.22879 11/3/22 FCR Page 3 of 3 ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: &-h_aat )41ecia R. lzeno, Esq. Ronald Burton, CPM City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: t- n CIV.& Kandy K. Danie Interim Director of Finance ozell . Rob T, MEng, MBA Direct r f Publi orks lit'14 Clifton E. Williams, Jr., CPPB Purchasing Manager EXHIBIT "A" CITY OF PORT ARTHUR TEXAS Bid Tabulation Traffic Parts Bid Opening Date:October 26,2022 Location:5th Floor Council Chamber P22-003 Names of Bidders Consolidated Traffic General Traffic Consolidated Traffic Custom Products Item 8 Description Controls,Inc Tiger Traffic,Inc. Equipment Corp Traffic Parts,Inc. Controls,Inc Corporation 1 3 Sec Tube $35.00 $33.25 $31.00 $48.50 $38.00 No Bid 2 4 Sec Tube $44.00 $42.50 $41.00 $62.00 $48.50 No Bid 3 5 Sec Tube $58.00 $51.50 $48.00 $75.50 $59.00 No Bid 4 Signal Arm Kits $59.00 $57.60 $51.00 $37.35 $66.50 No Bid 5 3 Sec Housing $190.00 $155.00 $138.00 $156.10 $211.00 No Bid 6 4 Sec Housing $251.00 $205.00 $184.00 $210.10 $279.00 No Bid 7 5 Sec Housing $319.00 $250.00 $230.00 $263.45 $354.00 No Bid 8 Signal Visor $11.00 $12.00 $I8.00 $19.50 $19.50 No Bid 9 3 Sec Louvered BP $63.00 $68.00 $78.00 $76.35 $70.00 No Bid 10 4 Sec Louvered BP $75.00 $76.00 $88.00 $99.70 $83.00 No Bid 11 5 Sec Louvered BP $88.00 $87.00 $115.00 $115.00 $98.00 No Bid 3 Sec Louvered BP 12 with Reflective Tape $81.00 $91.00 $82.00 $111.80 $90.50 No Bid 4 Sec Louvered BP 13 with Reflective Tape $100.00 $115.00 $95.00 $136.55 $111.00 No Bid 14 GE-Red Tinted $39.00 $29.00 $32.00 $44.95 $40.00 No Bid 15 GE-Yellow Tinted $39.00 $29.00 $32.00 $48.70 $40.00 No Bid GE-Red Tinted 16 Arrow $45.00 $32.00 $36.75 $49.50 $43.25 No Bid GE-Yellow Tinted 17 Arrow $45.00 $32.00 $36.75 $49.50 $43.25 No Bid GE-Green Tinted 18 Arrow $45.00 $32.00 $36.75 $57.70 $43.25 No Bid Location Arlington.TX Houston,TX Newburgh,NY Spring,TX Arlington,TX Jackson,MS Acknowledge Addendum#1 No No No No Yes No Yotaii to ScpioN-GoideaNX 10/27/2022 Yolanda Scypfbn-Goudeaux,Purchasing Assistant Date Page 1 of 1 EXHIBIT " B " PURCHASE OF TRAFFIC PARTS 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 Traffic Parts, Inc. 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 365 Days from the date issued on the Notice to Proceed. 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 thirty (30) days written notice. 2. The Contractor shall provide awarded traffic parts as stated in contract. 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 provide the following traffic parts described in the specifications and contract documents and to comply with the terms in the amounts stated in the bid documents. SIGNAL ARM KITS $ 37.35 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Addendum 5) Bid Sheet 6) Drawing 7) Notice of Award 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 TRAFFIC PARTS INC. BY CITY SECRETARY PRINT NAME: TITLE: -CITY OF PORT ARTHUR,TEXAS cdy of „ ADDENDUM NO. ONE (I) Vift rtist?"."— Te rat October 13,2022 BID FOR:TRAFFIC PARTS 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 1. City will accept McCain or approved equal. 2. Attached is the revision to the specifications. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams,CPPB Purchasing Manager /L- to/ai/aa- Signature of Proposer Date co[fit Pa..-4-s Company Vendor Name IPr THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW HI ' KENNETH MARKS VAL TIZENO CHARLOTTE MOSES o r t r t h u r CITY ATTORNEY DONALD FRANK,SR. Texas OCTOBER 10, 2022 INVITATION TO BID TRAFFIC PARTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 26, 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, October 26, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-003 DELIVERY ADDRESS: Please submit one (1)original and one (1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID TRAFFIC PARTS (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: I I El il Page 3 of 19 I THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 Page 4 of 19 SPECIFICATIONS FOR TRAFFIC PARTS THE CITY OF PORT ARTHUR TRAFFIC DIVISION WILL NEED TO ORDER THE FOLLOWING PARTS. THIS WILL BE A ONE YEAR CONTRACT. ANY BRAND NAMED IS JUST A STANDARD. THE CITY WILL ACCEPT AN EQUIVALENT. ITEM DESCRIPTION 3 SEC TUBE SE-0484-46-P29 Tube, 1-1/2" x 46", Alum, Federal Yellow 4 SEC TUBE SE-0484-60-P29 Tube, 1-1/2" x 60", Alum, Federal Yellow 5 SEC TUBE SE-0484-74-P29 Tube, 1-1/2" x 74", Alum, Federal Yellow SIGNAL ARM KITS PELCO AB-4013-P29 ASTRO-BARC ARM KIT 1-WAY TAPPED FOR 3/4" CGB W/ STAINLESS SLOTED WASHER ALUM 3 SEC HOUSING McCAIN M69465 TXDOT BLACK POLY 3- SECT TRAFFIC SIGNAL HEAD NO VISORS 4 SEC HOUSING McCAIN M66151 TXDOT BLACK POLY 4- SECT TRAFFIC SIGNAL HEAD NO VISORS 5 SEC HOUSING McCAIN M66152 TXDOT BLACK POLY 5- SECT TRAFFIC SIGNAL HEAD NO VISORS SIGNAL VISOR McCAIN M1927112-IN BLACK TUNNEL VISORS 3 SEC LOUVERED BP MCCAIN M17910 3 SEC BACK PLATE ALUM BLACK LOUVERED 4 SEC LOUVERED BP MCCAIN M1797S 4-SEC LOUVERED ALUMINUM BACKPLATE 5 SEC LOUVERED BP McCAIN M18032 5-SEC ALUM LOUVERED BACKPLATE 3 SEC LOUVERED BP WITH McCAIN M66533 3 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 4 SEC LOUVERED BP WITH McCAIN M52820 4 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 5 SEC LOUVERED BP WITH McCAIN M66512 5 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE Page 5 of 19 ITEM DESCRIPTION GE- RED TINTED GE RED BAL TINTED 12" TXDOT DR6-RTFB-VLA-037 GE-YELLOW TINTED GE YELLOW BALL TINTED 12" TXDOT DR6-YTFB-VLA-037 GE- RED TINTED ARROW GE RED ARROW ITE TINTED 12" TXDOT DR6-RTAAN-VLA GE-YELLOW TINTED ARROW GE YELLOW ARROW ITE TINTED 12" TXDOT DR6-YTAAN-VLA GE-GREEN TINTED ARROW GE GREEN ARROW ITE TINTED 12" TXDOT DR6-GTAAN-VLA ALL ASSEMBLY PARTS MUST BE IN THE COLOR YELLOW. ONCE THE PURCHASE ORDER IS RECEIVED, THE CONTRACTOR WILL DELIVER PARTS TO 320 AUSTIN AVENUE, PORT ARTHUR, TX 77640. DELIVER MONDAY- FRIDAY FROM 7:00 AM-5:00 PM. DRIVER MUST CALL FIFTEEN MINUTES BEFORE ARRIVAL SO AN EMPLOYEEE WILL BE THERE FOR DELIVERY. TRAFFIC HAS A FORKLIFT TO UNLOAD THE TRUCKS. I Page 6 of 19 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: TRAFFIC PARTS BID DUE DATE: OCTOBER 26, 2022 ITEM# DESCRIPTION UNIT COST 1 3 SEC TUBE fJ1PL- v 0I,2 $ '/S•Sd 2 4 SEC TUBE fl )PL- V100-Ta7-010 3 5 SEC TUBE /1)PL- V 72i-TOT-o l $ 7S •.S 4 SIGNAL ARM KITS '75 7�- y cJ1o4,4) $ 3 7.M- 5 3 SEC HOUSING 51(,-T Pa-305-Cnn-gvn-an 6 4 SEC HOUSING S Ialy-Can- IF01-G,i $ 0210•l0 7 5 SEC HOUSING 51 G-TP/3-o Olo-Gnn-EVn-on $ / 3 • 5 8 SIGNAL VISOR-* 1 9.5 O 9 3 SEC LOUVERED BP Q P-ATI--30 P $ '71.0•3s 10 4 SEC LOUVERED BP a P-A-TL- yn P $ 9/70 11 5 SEC LOUVERED BP A P- 4TL-5 n P $ l f3T o ' aP- 1�Tc-- 3r�P 12 3 SEC LOUVERED BP WITH REFLECTIVE TAPE $ / 11, �O AP- i-T1-- A-P 13 4 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 1 3/ .5 C 14 GE-RED TINTED SXC' -300rfFTR $ 11,`I3- 15 GE-YELLOW TINTED SIC-Soo i1-FT y $ U S'. '7O 16 GE-RED TINTED ARROW JX J- 300 -07 R. $ 419.54 17 GE-YELLOW TINTED ARROW SX5-300-Oy $ 9-570 18 GE-GREEN TINTED ARROW 3 X S-300-0G$ 7 70 74-142-4( 1o%i/aA SIGNATURE DATE Page 7 of 19 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 / rag-c earlS, .Litt. o7 7kgs AsoAt Rd 2oti.roc,7"k COMPANY NAME STREET ADDRESS '7'73J'5— / Poll k3 7 SIGNATURE OF I DER P.O. BOX ire t NL ,ter S pri ttl, -rk '7 73:3 PRINT OR TYPE NAME CITY STATE ZIP Sz es Acutaj el ail- 9a - Oa6.L TITLE AREA CODE TELEPHONE NO keixe-A- € -"To If-�pa_,,-f-s. Cafrt EMAIL FAX NO. Page 8 of 19 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: / Printed Name: 47(e_r Title: S ales Gk. g ej Company: / rcc Fc'c /"�5. LA-c . Date: 10/4t/ga SUBSCRIBED and sworn to before me by the above named 14cu'P,►t �o Epps on this the a I day of Or_+a in et- , 20 a . Z- 4t_ Notary Public in and for the State of Texas My commission expires: 1 a �� r, KENNETH DUNG` ,\``Rr�P#',,, KENNETH DUNCAN HALLOCK °'� 1P,,,Vie'- -c Notary Public, Sta ▪_ •. Notary Public, State of Texas ;i` Comm.Expires 03 ;▪9 'IN . Comm. Expires 03 05 2023 ''.R k%0 Notary ID 2 780PA 1; '% ;;;;: Notary ID 278988 ' Page 9 of 19 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. 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. e. I a�1i'c l Gu"fiS, _.l-A.c. 4.1 l/a0 Firm ame Date I — 3 a les / rx@ Authorized Signature Title )Caf'e/t- 211c io.e( [(/-029a-OUl�6 Name(please print) Telephone Pa-reit -�-rG I is a_/-f5. (! ,-K Email STATE: TX COUNTY: / '(Olt -GGIX-P,cy SUBSCRIBED AND SWORN to before me by the above named L,c t.ren Act,10 ex- on this the a I day of , 20 - 9 No ary Public 11 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL �`��iui, KENNETH DUNCAN HALLOCK `��PRY P��: _ _2' '•..�,Notary Public, State of Texas _ Comm. Expires 03 05 2023 i 23 Notary ID 278986 t of Page 10 of 19 � I 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. Name of vendor who has a business relationship with local governmental entity. k e riCheck 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.) r-' 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? I J Yes n No B. Is the vendor receiving or likely to receive taxable income.other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or afamiiy 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). /e/aiaaa Signature of vendor o g business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 • Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family 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 acompleted conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11'30'2015 Page 12 of 19 House Bill 89 Verification , I, J1 eoJ JJ/'apeJ (Person name), the undersigned representative hereafter referred to as "Representative") of ra file'c f'x -s it-e (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. i-ti-d-JA-- /I SIGNATURE O EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this a L day of UC-1`oI,et , 20a2• L1 Notary Pub is i OCK `�.�PiyYP e,: KENNETH DUNCAN HALLOCK ,ems'' _e°.. :�i Notary Public,State of Texas =_ ?; Texas ,�yr $ Comm. Expires 03-05-2023 a` 5 2023 4 :88 %,,FiFo s. No:ary ID 278988 Page 13 of 19 . SB 252 CHAPTER 2252 CERTIFICATION I /aei //ewe/ , the undersigned an representative of rQ �'�C igkr-4-5, it c. (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. yeaverc dclope-c Name of Company Representative(Print) Signature of Company Representative 1 0/.2 Date Page 14 of 19 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to.do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of.the requirements of Chapter 176 of the 'Texas Local Government Code. and- you .are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time.. • • PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. . INVOICES: All invoices shall be mailed directly to the City of Port Arthur,Attn.: Accounts •-'.Payhble,P.O. Box 1089,Port Arthur, Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 • • • • INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials,machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction,and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to under anyprogram or activityreceivingFederal financial assistance. discrimination p gr TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any-time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard•Worker's.Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified • or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to • contact the contractor. Page 19 of 19 EXHIBIT " C" PURCHASE OF TRAFFIC PARTS 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 Tiger Traffic, Inc. 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 365 Days from the date issued on the Notice to Proceed. 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 thirty (30) days written notice. 2. The Contractor shall provide awarded traffic parts as stated in contract. 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 provide the following traffic parts described in the specifications and contract documents and to comply with the terms in the amounts stated in the bid documents. 5 SEC LOUVERED BP $ 87.00 Each GE—RED TINTED $ 29.00 Each GE—YELLOW TINTED $ 29.00 Each GE—RED TINTED ARROW $ 32.00 Each GE—YELLOW TINTED ARROW $ 32.00 Each GE—GREEN TINTED ARROW $ 32.00 Each 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Addendum 5) Bid Sheet 6) Drawing 7) Notice of Award 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 TIGER TRAFFIC, INC. BY CITY SECRETARY PRINT NAME: TITLE: THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III KENNETH MARKS VAL TIZENO CHARLOTTE MOSES n r t r t h u ' CITY ATTORNEY DONALD FRANK,SR. /, OCTOBER 10,2022 INVITATION TO BID TRAFFIC PARTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 26, 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, October 26, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-003 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinM to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID TRAFFIC PARTS (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: Pht Company Name: 5er `f�'a ► � Tve Person Completing Form: Telephone: Lu's gevvie) F AL 3 4641 Mailing Address: Email: 510T-) C111440h LtO 3.lee't kit&I; r City, State,Zip Code: Date: 1A01.1,51.64 `no `7702,e (0lik Z)31-2 P,ii 3 or 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 Page 4 of 19 SPECIFICATIONS FOR TRAFFIC PARTS THE CITY OF PORT ARTHUR TRAFFIC DIVISION WILL NEED TO ORDER THE FOLLOWING PARTS. THIS WILL BE A ONE YEAR CONTRACT. ANY BRAND NAMED IS JUST A STANDARD. THE CITY WILL ACCEPT AN EQUIVALENT. ITEM DESCRIPTION 3 SEC TUBE SE-0484-46-P29 Tube, 1-1/2" x 46", Alum, Federal Yellow 4 SEC TUBE SE-0484-60-P29 Tube, 1-1/2" x 60", Alum, Federal Yellow 5 SEC TUBE SE-0484-74-P29 Tube, 1-1/2" x 74", Alum, Federal Yellow SIGNAL ARM KITS PELCO AB-4013-P29 ASTRO-BARC ARM KIT 1-WAY TAPPED FOR 3/4" CGB W/ STAINLESS SLOTED WASHER ALUM 3 SEC HOUSING McCAIN M69465 TXDOT BLACK POLY 3- SECT TRAFFIC SIGNAL HEAD NO VISORS 4 SEC HOUSING McCAIN M66151 TXDOT BLACK POLY 4- SECT TRAFFIC SIGNAL HEAD NO VISORS 5 SEC HOUSING McCAIN M66152 TXDOT BLACK POLY 5- SECT TRAFFIC SIGNAL HEAD NO VISORS SIGNAL VISOR McCAIN M1927112-IN BLACK TUNNEL VISORS 3 SEC LOUVERED BP MCCAIN M17910 3 SEC BACK PLATE ALUM BLACK LOUVERED 4 SEC LOUVERED BP MCCAIN M1797S 4-SEC LOUVERED ALUMINUM BACKPLATE 5 SEC LOUVERED BP McCAIN M18032 5-SEC ALUM LOUVERED BACKPLATE 3 SEC LOUVERED BP WITH McCAIN M66533 3 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 4 SEC LOUVERED BP WITH McCAIN M52820 4 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 5 SEC LOUVERED BP WITH McCAIN M66512 5 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE Page 5 of 19 ITEM DESCRIPTION GE- RED TINTED GE RED BAL TINTED 12" TXDOT DR6-RTFB-VLA-037 GE-YELLOW TINTED GE YELLOW BALL TINTED 12" TXDOT DR6-YTFB-VLA-037 GE-RED TINTED ARROW GE RED ARROW ITE TINTED 12" TXDOT DR6-RTAAN-VLA GE-YELLOW TINTED ARROW GE YELLOW ARROW ITE TINTED 12" TXDOT DR6-YTAAN-VLA GE-GREEN TINTED ARROW GE GREEN ARROW ITE TINTED 12" TXDOT DR6-GTAAN-VLA ALL ASSEMBLY PARTS MUST BE IN THE COLOR YELLOW. ONCE THE PURCHASE ORDER IS RECEIVED, THE CONTRACTOR WILL DELIVER PARTS TO 320 AUSTIN AVENUE, PORT ARTHUR, TX 77640. DELIVER MONDAY- FRIDAY FROM 7:00 AM-5:00 PM. DRIVER MUST CALL FIFTEEN MINUTES BEFORE ARRIVAL SO AN EMPLOYEEE WILL BE THERE FOR DELIVERY. TRAFFIC HAS A FORKLIFT TO UNLOAD THE TRUCKS. Page 6 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: TRAFFIC PARTS BID DUE DATE: OCTOBER 26, 2022 ITEM# DESCRIPTION UNIT COST 1 3 SEC TUBE $ j3 Lc 2 4 SEC TUBE S -1 Z• cQ 3 5 SEC TUBE S TI • )me) 4 SIGNAL ARM KITS $ ---7 . W 5 3 SEC HOUSING $ 143 6 4 SEC HOUSING $ ?R 00 7 5 SEC HOUSING $ 0' w ) 8 SIGNAL VISOR S \1 • w 9 3 SEC LOUVERED BP S co . 00 10 4 SEC LOUVERED BP S • oO 11 5 SEC LOUVERED BP S 8-1 . 00 12 3 SEC LOUVERED BP WITH REFLECTIVE TAPE $ q ' • 06 13 4 SEC LOUVERED BP WITH REFLECTIVE TAPE $ i ti •o 14 GE-RED TINTED $ 261 .00 15 GE-YELLOW TINTED S a 00 16 GE-RED TINTED ARROW $ 75 L a) 17 GE-YELLOW TINTED ARROW $ 1 00 18 GE-GREEN TINTED ARROW $ at. 0" Gois (144.110A to iN izi-2- SIGNATURE DATE Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 1 er t '4 ": C O CL4 Oriv( 1 ' 4vt Tx; COmfANY NAME STREET ADDRESS tuit sv3 SIGNATURE OF BIDDER P.O. BOX I/0 fekdOIN 00(b+10 13e) -00-.3 PRINT OR TYPE NAME CITY STATE ZIP óakc 83t itot TITLE AREA CODE TELEPHONE NO i1,6.te4o 41"e��4� .c .4 e4- C� - � -7 I — rt i 3� EMAIL FAX NO. I_ MICHELLE L It y—K. __.� My Notary ID#1•0CC40614 Expires December 2? 2 24 I Page 8 of 19 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: r 5 JOIoN Title: .M��)� - de.5 Company: Date: 10 /2`i /W .L SUBSCRIBED and sworn to before me by the above named \AIU S ALn on this the . day of DCk1.Ail?X , 20 '2,Z . l'IALUt- '-. Notary Public in and f the MICHEL_ State of Texas My 1\i,tar r. Expires December =,24 My commission expires: t Page 9 of 19 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. L 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. LI / 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. :11116ev Tr A-'4`C A/( 10 /z t/z,t, Firm Name Date / ' ' W 1 S ftcL '- Authorized S'gnature Title LUt$ MILL (532`51 '4oLk Name(please print) Telephone (fti;51(14A9 vl 04;6e te"4-vItgil .wel- Email STATE: I-t.4 CU COUNTY: .-Vk ara S SUBSCRIBED AND SWORN to before me by the above named WA if . ,`4(1 on this the d'' day of 0(Adb�(i✓ , 20 12. 1 L L Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL I MiCHELLE!i i0 I i My Notary ID 4" J`; 4 i Expires Dec-am, ,' =" Page 10 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176 Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006a). 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 Secton 176.006a-1 i.. 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. Name of vendor who has a business relationship with local governmental entity. 2.1 l i 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 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. 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? nYes Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director;or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section. 176.0O3(a)(2)(13). excluding gifts described in Section 176.003(a-1). W i Yew, 1021 I Signature of vendor doing o.s-.ess with the governmental entity Date Form provided by Tex-_ cs Commission www.ethios.statte.tx.us Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi 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(13): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: >x. (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. =.rm provided oyTexas Ethics Commission www.v ethics.state.tx us Revised 11/3012015 Page 12 of 19 House Bill 89 Verification 1, L,o5 ren +1 (Person name), the undersigned representative (hereafter referred to as "Representative") of —115etr- Ty ft (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. V1C Lu � SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2_14 k' day of i ck -7. v , 20 j2. 4AA ChUUS-C4y3c/1^ Notary Public MICHELLE LIZOANO My Notary ID#130940614 F s , Expires December 22,2024 Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION i 5 ,the undersigned an representative of ! ► -ef 71;, 14' ( (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. L,u' 5 r61 Name of Company Representative (Print) i 5geticlOk Signature of Company Representative l0 11/ieW Date Page 14 of 19 Iffe INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price,as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 EXHIBIT " D" PURCHASE OF TRAFFIC PARTS 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 General Traffic Equipment Corp. 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 365 Days from the date issued on the Notice to Proceed.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 thirty (30) days written notice. 2. The Contractor shall provide awarded traffic parts as stated in contract. 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 provide the following traffic parts described in the specifications and contract documents and to comply with the terms in the amounts stated in the bid documents. 3 SEC TUBE $ 31.00 4 SEC TUBE $ 41.00 5 SEC TUBE $ 48.00 3 SEC HOUSING $ 138.00 4 SEC HOUSING $ 184.00 5 SEC HOUSING $ 230.00 4 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 95.00 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Addendum 5) Bid Sheet 6) Drawing 7) Notice of Award 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 GENERAL TRAFFIC EQUIPMENT CORP. BY CITY SECRETARY PRINT NAME: TITLE: -CITY OF PORT ARTHUR,TEXAS b-In"S ort rthte ADDENDUM NO. ONE (1) Ir a. October 13, 2022 BID FOR: TRAFFIC PARTS 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 1. City will accept McCain or approved equal. 2. Attached is the revision to the specifications. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. • Clifton Williams, CPPB Purchasing Manager S' ature of Pro er Date Cl 0 tt rr f►cr &calf r'YKJ� `(- ( e Company Vendor Name DH \1'III/ N NGRI OLMES,MAYOR TEM CITY MANAGER COUNCIL MEMBERS: City of Kr SHERRI BELLARD,TRMC CAL JONES / CITY SECRETARY THOMAS KINLAW III KENNETH MARKS VAL TIZENO CHARLOTTE MOMS n r t r t h u r CITY ATTORNEY DONALD FRANK,SR. OCTOBER 10, 2022 INVITATION TO BID TRAFFIC PARTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 26, 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, October 26, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-003 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(aiportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager I 4 Page 2 of 19 INVITATION TO BID TRAFFIC PARTS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 • I Page 4 of 19 SPECIFICATIONS FOR TRAFFIC PARTS THE CITY OF PORT ARTHUR TRAFFIC DIVISION WILL NEED TO ORDER THE FOLLOWING PARTS. THIS WILL BE A ONE YEAR CONTRACT. ANY BRAND NAMED IS JUST A STANDARD. THE CITY WILL ACCEPT AN EQUIVALENT. ITEM DESCRIPTION 3 SEC TUBE SE-0484-46-P29 Tube, 1-1/2" x 46", Alum, Federal Yellow 4 SEC TUBE SE-0484-60-P29 Tube, 1-1/2" x 60", Alum, Federal Yellow 5 SEC TUBE SE-0484-74-P29 Tube, 1-1/2" x 74", Alum, Federal Yellow SIGNAL ARM KITS PELCO AB-4013-P29 ASTRO-BARC ARM KIT 1-WAY TAPPED FOR 3/4" CGB W/ STAINLESS SLOTED WASHER ALUM 3 SEC HOUSING McCAIN M69465 TXDOT BLACK POLY 3- SECT TRAFFIC SIGNAL HEAD NO VISORS 4 SEC HOUSING McCAIN M66151 TXDOT BLACK POLY 4- SECT TRAFFIC SIGNAL HEAD NO VISORS 5 SEC HOUSING McCAIN M66152 TXDOT BLACK POLY 5- SECT TRAFFIC SIGNAL HEAD NO VISORS SIGNAL VISOR McCAIN M1927112-IN BLACK TUNNEL VISORS 3 SEC LOUVERED BP MCCAIN M17910 3 SEC BACK PLATE ALUM BLACK LOUVERED 4 SEC LOUVERED BP MCCAIN M1797S 4-SEC LOUVERED ALUMINUM BACKPLATE 5 SEC LOUVERED BP McCAIN M18032 5-SEC ALUM LOUVERED BACKPLATE 3 SEC LOUVERED BP WITH McCAIN M66533 3 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 4 SEC LOUVERED BP WITH McCAIN M52820 4 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 5 SEC LOUVERED BP WITH McCAIN M66512 5 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE Page 5 of 19 ITEM DESCRIPTION GE-RED TINTED GE RED BAL TINTED 12" TXDOT DR6-RTFB-VLA-037 GE-YELLOW TINTED GE YELLOW BALL TINTED 12" TXDOT DR6-YTFB-VLA-037 GE- RED TINTED ARROW GE RED ARROW ITE TINTED 12" TXDOT DR6-RTAAN-VLA GE-YELLOW TINTED ARROW GE YELLOW ARROW ITE TINTED 12" TXDOT DR6-YTAAN-VLA GE-GREEN TINTED ARROW GE GREEN ARROW ITE TINTED 12" TXDOT DR6-GTAAN-VLA ALL ASSEMBLY PARTS MUST BE IN THE COLOR YELLOW. ONCE THE PURCHASE ORDER IS RECEIVED, THE CONTRACTOR WILL DELIVER PARTS TO 320 AUSTIN AVENUE, PORT ARTHUR, TX 77640. DELIVER MONDAY- FRIDAY FROM 7:00 AM-5:00 PM. DRIVER MUST CALL FIFTEEN MINUTES BEFORE ARRIVAL SO AN EMPLOYEEE WILL BE THERE FOR DELIVERY. TRAFFIC HAS A FORKLIFT TO UNLOAD THE TRUCKS. Page 6 of 19 •� CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: TRAFFIC PARTS BID DUE DATE: OCTOBER 26, 2022 ITEM# DESCRIPTION UNIT COST 1 3 SEC TUBE $ � O 0 2 4 SEC TUBE $ Woo 3 5 SEC TUBE $ y`U U 4 SIGNAL ARM KITS $ 57,00 5 3 SEC HOUSING $ / 3 0•U O 6 4 SEC HOUSING $ i ! r 0 7 5 SEC HOUSING $ a 3 0 , 00 8 SIGNAL VISOR $ / �� 0 0 9 3 SEC LOUVERED BP $ 78,00 10 4 SEC LOUVERED BP $ 0.U 0. 11 5 SEC LOUVERED BP $ � 'J .0 0 12 3 SEC LOUVERED BP WITH REFLECTIVE TAPE $ O , 0 0 • 13 4 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 9 , U 0 14 GE-RED TINTED $ 3 2,0 0 15 GE-YELLOW TINTED $ 3)• 0 0 16 GE-RED TINTED ARROW $ 36,7C 17 GE-YELLOW TINTED ARROW $ 3 b-7C 18 GE-GREEN TINTED ARROW $ 3 6,7 S ATURE DATE Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 C C)cal-CLOG G rvr,\f a5ct r a act COMPANY NA STREET ADDRESS Af`'brk/ S G ATURE OF B ER P.O. BOX r.aynD► ict, Sfaf-f01 ikteAA.iouk.) M t/ /a-$ ) PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO (GJ\i Se CC negt.Q, I StiS5C9q ( OLD EMAtt " U FAX NO. • • Page 8 of 19 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: / /UPI Printed Name: VYI�nct, S of f Title: IJKS IC Company: -rru 1CC YYj-el`�`� �V() Date: J i SUBSCRIBED and sworn to be re me by the abo e named )' • on this the '..2" /day of 0 ` , 20 'Z N ry P blic in or the tate f Texas y commission expires: { , ORAN3E 010750,11 Page 9 of 19 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 er 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. n cti o Trc tc.Et�.1.t.f aret t k ('3 I C J --1 I Firm Name ) Date ' i rye CtCIC — Aut ' ed Signatur Title ko\j(Y1ond— G+04-f YJ SqS '3I9°i gat) Name(please print) Telephone CO\(S Q 9C,ne1CLQ d*CdcI .€ 0LkO, GL' Email STATE: COUNTY: +Or L SUBSCRIBED AND SWORN to before me bx, 4,41zove named _ / \ on this the Z+ day f.,0, � T '4-\ 20 .7/ , F NOW( RK\'\Q NJ i '• N aNutary Pub. \ RETURN THIS AFFIDAVIT)4Str� F T 'I B : PROPOSAL Page 10 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Ai 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? 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 maintans 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. BJ flCheck this box if the vendor has given the local government officer or afamily 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). % stSign e f vendor oomg'business with the governmental entity Date Form-provided by Texas Ethics Commission www.ethics.state.tx.us - Revised 11/30/2015 Page 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/twww.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; cc (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 govemmental 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 12 of 19 House Bill 89 Verification I, RclDJ Si-af flYl (Person name), the undersigned representative (hereafter referred to as "Representative") of C7 c Cr ci_Cd. TrU Lc 'Gc vflt COI () (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. 414 S ATURE REPRESENTATIVE SUBSCRIBED,QND SWORN TO BEFORE ME, the undersigned authority, on this Z Sday of �J � _ r , 20`Z-a' *t,,,,,,,, ,a� i '.oTL +a �" _„ �O SSA N07Acuiip • SC Nota Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, (1\t. 4'1(1i)(1t1 St , the undersigned an representative of Cl 0-1 CI ca.TrtQ.h I L E e `0 '"'h'v -k LQ (Company or Business Naxte ) 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. iqcqvn Dock StL+ k Name of Company Representative (Print) ature of Co pony Representative ICI (a��, Date Page 14 of 19 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of•the requirements of • Chapter 176 of the "Texas Local Government Code and- you .are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time.. • PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. . INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts ••'.Payable, P.O. Box 1089,Port Arthur,Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 • • • • INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction,and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard•.Worker's Compensation Insurance: Page 18 of 19 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified • or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the.City will be able to • contact the contractor. Page 19 of 19 EXHIBIT " E " PURCHASE OF TRAFFIC PARTS 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 Consolidate Traffic Controls, Inc. 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 365 Days from the date issued on the Notice to Proceed.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 thirty (30) days written notice. 2. The Contractor shall provide awarded traffic parts as stated in contract. 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 provide the following traffic parts described in the specifications and contract documents and to comply with the terms in the amounts stated in the bid documents. SIGNAL VISOR $ 11.00 Each 3 SEC LOUVERED BP $ 63.00 Each 4 SEC LOUVERED BP $ 75.00 Each 3 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 81.00 Each 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Addendum 5) Bid Sheet 6) Drawing 7) Notice of Award 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 CONSOLIDATED TRAFFIC CONTROLS, INC. BY CITY SECRETARY PRINT NAME: TITLE: THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: Ci �f SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III KENNETH MARKS VAL TIZENO CHARLOTTE MOSES n r t r t h u r CITY ATTORNEY DONALD FRANK,SR Texas OCTOBER 10, 2022 INVITATION TO BID TRAFFIC PARTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 26, 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, October 26, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-003 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 19 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. r6.6); Gt4,1z.a.kn-d- Clifton Williams, CPPB Purchasing Manager Page 2 of 19 INVITATION TO BID TRAFFIC PARTS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 Page 4 of 19 SPECIFICATIONS FOR TRAFFIC PARTS THE CITY OF PORT ARTHUR TRAFFIC DIVISION WILL NEED TO ORDER THE FOLLOWING PARTS. THIS WILL BE A ONE YEAR CONTRACT. ANY BRAND NAMED IS JUST A STANDARD. THE CITY WILL ACCEPT AN EQUIVALENT. ITEM DESCRIPTION 3 SEC TUBE SE-0484-46-P29 Tube, 1-1/2" x 46", Alum, Federal Yellow 4 SEC TUBE SE-0484-60-P29 Tube, 1-1/2" x 60", Alum, Federal Yellow 5 SEC TUBE SE-0484-74-P29 Tube, 1-1/2" x 74", Alum, Federal Yellow SIGNAL ARM KITS PELCO AB-4013-P29 ASTRO-BARC ARM KIT 1-WAY TAPPED FOR 3/4" CGB W/ STAINLESS SLOTED WASHER ALUM 3 SEC HOUSING McCAIN M69465 TXDOT BLACK POLY 3- SECT TRAFFIC SIGNAL HEAD NO VISORS 4 SEC HOUSING McCAIN M66151 TXDOT BLACK POLY 4- SECT TRAFFIC SIGNAL HEAD NO VISORS 5 SEC HOUSING McCAIN M66152 TXDOT BLACK POLY 5- SECT TRAFFIC SIGNAL HEAD NO VISORS SIGNAL VISOR McCAIN M1927112-IN BLACK TUNNEL VISORS 3 SEC LOUVERED BP MCCAIN M17910 3 SEC BACK PLATE ALUM BLACK LOUVERED 4 SEC LOUVERED BP MCCAIN M1797S 4-SEC LOUVERED ALUMINUM BACKPLATE 5 SEC LOUVERED BP I McCAIN M18032 5-SEC ALUM LOUVERED BACKPLATE 3 SEC LOUVERED BP WITH McCAIN M66533 3 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 4 SEC LOUVERED BP WITH McCAIN M52820 4 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE 5 SEC LOUVERED BP WITH McCAIN M66512 5 SEC ALUM REFLECTIVE TAPE LOUVERED W 2" REFLECTIVE TAPE Page 5 of 19 ITEM DESCRIPTION GE- RED TINTED GE RED BAL TINTED 12" TXDOT DR6-RTFB-VLA-037 GE-YELLOW TINTED GE YELLOW BALL TINTED 12" TXDOT DR6-YTFB-VLA-037 GE-RED TINTED ARROW GE RED ARROW ITE TINTED 12" TXDOT DR6-RTAAN-VLA GE-YELLOW TINTED ARROW GE YELLOW ARROW ITE TINTED 12" TXDOT DR6-YTAAN-VLA GE-GREEN TINTED ARROW GE GREEN ARROW ITE TINTED 12" TXDOT DR6-GTAAN-VLA ALL ASSEMBLY PARTS MUST BE IN THE COLOR YELLOW. ONCE THE PURCHASE ORDER IS RECEIVED,THE CONTRACTOR WILL DELIVER PARTS TO 320 AUSTIN AVENUE, PORT ARTHUR, TX 77640. DELIVER MONDAY- FRIDAY FROM 7:00 AM- 5:00 PM. DRIVER MUST CALL FIFTEEN MINUTES BEFORE ARRIVAL SO AN EMPLOYEEE WILL BE THERE FOR DELIVERY. TRAFFIC HAS A FORKLIFT TO UNLOAD THE TRUCKS. Page 6 of 19 Per•MPOPy FM- CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: TRAFFIC PARTS BID DUE DATE: OCTOBER 26,2022 ITEM# DESCRIPTION UNIT COST 1 3 SEC TUBE $ 35.00 2 4 SEC TUBE $ 44.00 3 5 SEC TUBE $ 58.00 4 SIGNAL ARM KITS $ 59.00 5 3 SEC HOUSING $ 190.00 6 4 SEC HOUSING $ 251.00 7 5 SEC HOUSING $ 319.00 8 SIGNAL VISOR $ 11.00 9 3 SEC LOUVERED BP $ 63.00 10 4 SEC LOUVERED BP $ 75.00 11 5 SEC LOUVERED BP $ 88.00 12 3 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 81.00 13 4 SEC LOUVERED BP WITH REFLECTIVE TAPE $ 100.00 14 GE-RED TINTED $ 39.00 15 GE-YELLOW TINTED $ 39.00 16 GE-RED TINTED ARROW $ 45.00 17 GE-YELLOW TINTED ARROW $ 45.00 18 GE -GREEN TINTED ARROW $ 45.00 la) 10.20.22 DATE Page 7 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 Consolidated Traffic Controls, Inc. 1016 Enterprise Place COMPANY NAME STREET ADDRESS i A F BIDDER P.O. BOX Dawn Stapleton Arlington,TX 76001 PRINT OR TYPE NAME CITY STATE ZIP Estimator 817.265.3421 TITLE AREA CODE TELEPHONE NO dstapleton@ctc-traffic.com 817.274.3610 EMAIL FAX NO. Page 8 of 19 CITY OF PORT AwrHuR, TEXAS ;NON-C'OLLLISI€}N 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 hid proposal. Signature: li Printed Name, nt pleton t Title: Estimator — Company' Consolidated Traffic Controls, Inc. Date: 10.20.22 SUBSCRIBED and sworn to ;l,Li'1 ZD11 to before me by the above named ( �-' t'i on this the a 0_day of QC- -ela-e-{ , 20, 2 ki 1 nr. 1 r ' ' P ,ar MELANIE PRATES Notary Public in and for the ?_� Notary Public,State o, Texas State of Texas ' .�P= Comm. Expires I i-04-2023 %�`of'�`` Notary ID 130429650 `���� 2 ��"ut My commission expires: )1 —Li`f -9. U `� I'.p�:_9.,1 19 AFFIDAVIT IDAVIT All pages in OlThror'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 1011owing: V I hereby certify that I do not have ouistanding 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 :said debts. I further agree to pay succeeding debts as they become due. lIS i;l cL iC�,� a- t Ceol c>t 5 , . x� . ►0 �a vPO . � Firm Name Date ' ',.il 1 cs,-r W-_.e. PI e SC 0(e ill— ttth wed S uatut'e Title 3( ..r-) 6-11es 3+i - a ty S -3 Li a 1 Name please print) Telephone �o S e- c-k-c--4-(0,-k4-t c, . hewn Email STATE: S COUNTY: -TM trQ.4l-4— SUBSCRIBED AND SWORN to before me by the above named g{ .41 jYyl t r on this the day of -4r-0 f . 2001 . duarLcitAid) Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL `�.++`!PLf' .�! ?s,, MELANIE PRAYER .. -V—• ;t4.Notary Public,State of Texas ^:• !V '� Comm.Expires 11-04-2023 '';;;( %. Notary ID 130429650 i'a:,c III ut19 CERTIFICATE OF INTEr.CSTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-946647 Consolidated Traffic Controls Arlington,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/20/2022 being filed. City of Port Arthur Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. P23-003 Traffic Signal Material Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION (� My name is w,1 3 (�kt{-on, , and my date of birth is (.21. 13 . My address is Otto Werpr , Plot( Ay 1141,1fly` T , 14110I (street) (city) I (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in t Yr(i of County, State of ►[}(Q,S ,on the O'd _IQ ay of OC 12 V.20 7)-. (month) (year) Sig a re authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.8b4250f1 House Biii 89 Verification I, _ Dawn Stapleton (Person name), the undersigned representative (hereafter referred to "Representative") of Consolidated Traffic Controls, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. 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 wiih, 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. AT E F REPRESENTATIVE SUBSCRIBE AND SWORN TO BEFORE ME, the undersigned authority, on this Jr.) day of t72•Ioee( 20r33• MELANIE PRATER Notary PuoEx6c,State 0of4-Texas :tea Domm. pires 1 1- 2C23 Utd n r )J OF �� Notary !D 130429650 Notary Public ;'. i.i„i'if SB 252 CHAPTER 2252 CERTIFICATION I, Dawn Stapleton ,the undersigned an representative of Consolidated Traffic Controls, Inc. (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. Dawn Stapleton Name of Company Representative (Print) e Company Representative 10.20.22 Date Page 14 of 19 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 15 of 19 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641. Page 16 of 19 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 17 of 19 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 18 of 19 4 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19