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Home My WebLink AboutPR 15478: PROVIDING & HAULING OF SOILS CONTRACT (TOP SOIL)PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitrgibbons, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #15478 -Providing and Hauling of Soils Contract DATE 31 August 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15478, authorizing an annual contract for the providing and hauling of soils materials (Top Soil) to Mid County Materials and Construction of Port Arthur, Texas. This service will be provided on an AS-NEEDED BASIS. BACKGROUND: This is an annual contract for the providing and hauling of soils for the Public Works Department and other City departments. Historically, the City landfill, the Streets Division, and Parks Department have been the major users of this service. The Purchasing Division advertised on this contract in the Port Arthur News on July 5 and July 12, 2009. Bids were opened on July 27, 2009 with four (4) eligible bids being received (see attached bid tabulation). The bid from Mid County Materials and Construction was found to be the lowest and most responsive for top soil, as follows: Mid County Materials and Construction of Port Arthur, Texas ITEM NO. ITEM UNIT UNIT COST Contractor Soils Delivered Within the Ci of Port Arthur 1 Fill sand CY $4.40 Redwine 2 60/40 CY $4.40 Redwine 3 Cla CY 3.72 Redwine 4 To soil CY $6.00 Mid Coun Soils Picked Up by City of Port Arthur Trucks 1 Fill sand CY 1.85 Redwine 2 60/40 CY $1.85 Redwine 3 Cla CY 1.50 Redwine 4 To soil CY $3.00 Mid Coun Haulin of Materials full Partial 1 Limestone TON $4.25 Neg. Carla's Transport 2 HMAC T e Mat. TON $5.50 $8.00 7. M. Kaufman 3 Cement-stabilized Sand TON $4.25 Neg. Carla's Transport 4 Concrete Debris TON $4.50 Neg. Carla's Transport 30-min Wait Time HR $55.00 Z:\engineer\Documents\Contracts\Soils and Hauling\Mid County CAM-09.doc * NOTE: Previously, this contract was awarded to a single contractor. Due to the number and variety of bids, these contracts will be awarded to different contractors in different resolutions. These bids were reviewed by the Public Works staff and Purchasing Manager, and is considered to be the fair market value for this service and in line with past costs. The contractor is not guaranteed any minimum amount of work under this contract. BUDGETARY/FISCAL EFFECT: Funds are provided in the Public Works Budget and other departmenta- budgets. EMPLOYEE/STAFF EFFECT: Acceptance of this recommendation will have no effect on staffing levels at this time. SUMMARY It is recommended that the City Council approve Proposed Resolution No. 15478, authorizing an annual contract for the providing of soils and hauling of top soil to Mid County Materials and Construction of Port Arthur, Texas. This service will be provided on an AS-NEEDED BASIS. Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:\engineer\Documents\Contracts\Soils and Hauling\Mid County CAM-09.doc 2 P.R. No. 15478 08/06/09 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE FIRST YEAR OF A CONTRACT WITH MID COUNTY MATERIALS AND CONSTRUCTION OF PDRT ARTHUR, TEXAS FOR THE PROVIDING OF SOILS MATERIALS WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS WITH PRICES BEING AD7USTED ACCORDING TO THE TRANSPORTATEON CONSUMER PRICE INDEX. FUNDING IS AVAILABLE IN THE PARKS AND RECREATION BUDGET. WHEREAS, the City advertised for bids for providing soils materials on July 5, 2009 and July 12, 2009 ;and, WHEREAS, four (4) bids were received; and, WHEREAS, Mid County Materials and Construction was the lowest responsive bidder for Top Soil, see attached exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute the first year of a contract attached hereto as F~ibit "B" for providing top soil with the option of renewal for two additional years with Mid County Materials of Port Arthur, Texas with each subsequent year's price adjusted according to the transportation Consumer Price Index; and, THAT, funding is available in FY2009/2010 Parks and Recreation Budget,and, THAT, Mark S. Vernon of Mid County Materials and Construction shall sign this resolution agreeing to the terms thereof; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. No. 15478 Page 2 READ, ADOPTED AND APPROVED this the day of 2009 at a Ayes: Mayor: A.D. meeting of the Gty of Port Arthur, Texas by the following vote: Attest: City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Stephen B. Ftzgibbons City Manager ~rv~ ~ Ross E. Blackketter, P.E. Director of Public Works AGREED T0: Mark S. Vernon Mid County Materials and Construction Mayor APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols, CPA Director of Finance Shawna Tubbs Purchasing Manager Z:\engineer\Documents\Contracts\Soils and Hauling\PR15478.doc EXHIBIT A CITY OF PORT ARTirIUR TEXAS Bid Tabulation EXCAVATING AND HAULING OF MATERIALS Bid O enin Date• Jul 22 2009 Names of Bidders Item # UOM Descri lion Carla's Transport Services Inc. Mid Couuty Materials and Construction J.M. Kaufman Redwine Enter rises A. Delivered within the City of Port Arthur includin Sabine Pass 1. C Fill Sand $8.50 $6.25 $5.50 $4.40 2. C 60/40 $8.50 $6.00 $5.50 $4.40 3. C Cla $8.50 $5.40 $5.25 $3.72 4. C To Soil $12.00 $6.00 $13.00 $9.90 B. Picked U At Plant Location I. C Fill Sand $3.50 $3.50. $3.00 - $1..85 2. C 60/40 $3.50 $3.00` $3.00 $1.85 3. C Cla $3.50 $2.75 $2.80 $1.50 4. C To Soil $6.50 $3.Oa $10.00 $7.00 Res onse to load material re uest 3 Hours 30 minutes or 1 Hour 24 Hours Same Day if Possible Location of Prima Borrow Pit Hwy 365 & West Port Arthur Road 8700 Industrial Circle FM 365, PA H 69 H 69 DD7 Location of Seconda Borrow Pit - I-Iwy 365,4.3 miles N. of I-10, Fannett Fiw 73 Pattilo Road Location Port Arthur, TX Nederland, TX Port Arthur, TX Port Arthur, TX Page 1 oft CITY OF PORT ARTHUR TEXAS B.id Tabulation EXCAVATING AND HAULING OF MATERIALS Bid Opening Date: July 22, 2009 Names of Bidders Item # UOM Descri tion Carla's Transport Services Inc. Mid County Materials and: Construction. J.M. Kauflnan Redwine Enter rises C. Haulm of Materials Full Load Partial Load Full Load Partial Load Full Load Partial Load Full Load Partial Load 1. C Limestone $4.25 Ne otiable $6.25 $8.75 $5.50 $8.00. $7.45 - 2. C I-IMAC e material $6.75 Ne otiable $6.75 $9.25 $S.SO $8.00- $8.18 - 3. C Cement Stabilized Sand $4.25 Ne otiable $6.75 $9.25 . ~ $5.50 $8.00., $7.48 - 4. ' C Concrete Debris $4.50 Ne otiable $6.25 $8.75 $7.00 $10.00 ' $8.18 - Equipment and drivers/operators will be made available 12 hours or 1 da 2 hours - - D. Hourly charge for waiting time for ick-u or delive $55 er/hr $60 er/hr . $SS er/hr $68 er/hr Location of haulm a ui ment Beaumont/Port Arthur 8700 Industrial Circle Port Arthur 3100 Commerce Port Arthur, TX - Shawna T urchasing Manager Date ~~ Page 2 of 2 EXHIBIT B CONTRACT FOR PROVIDING AND HAULING OF SOILS THIS AGREEMENT, made this 8tl' day of September , 2009, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CYTY"and Mid-County Land Co. Ltd, DBA Mid County Materials and Construction a(n) Partnership herein acting by and through Mark S. Vernon Individual, firm, partrier;hip, or corporation 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 from 08 September 2009 to 08 September 2010. It shall be renewable by mutual agreement for two (2) additional one- year periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. 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. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: SOILS DELIVERED WITHIN THE CITY OF PORT ARTHUR Item Unit Cost Top Soil $ 6.D0/CY SOILS PICKED UP BY CITY OF PORT ARTHUR TRUCKS Item Unit Cost Top Soil $ 3.00/CY Z:\engineer\DOCUments\Soils and Hauling\Mid County Soils Contract-09.doc 4. The term "Contract Documents" means and included the following: (A) Agreement (B) Advertisement for Bids (C) General Information (D) Specifications (E} Bid (F) Bidder's Information Sheet 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER BY: BY: City Manager Stephen B. Fitzgibbons Mark S. Vernon Printed Name Printed Name Z:\engineer\Documents\Soils and Hauling\Mid County Soiis Contract-09.doc DELORIS "BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRiS AI.BRIGHT, III MARTIN FLOOD JOHN BEARD, JR ROBERT E. WII.LIAMSON D. KAY WTSE THOMAS J.HENDERSON July 6, 2009 City of rt Llrthu TP.XaS INVTTATION TO BID EXCAVATING AND HAULING OF MATERIALS TERRIHANKS CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 P.M., Central Standard Time, Wednesday, July 22, 2009. (The clock located in the City Secretary's office will be the official time.) All qualifications received will be read aloud at 3:15 P.M. on Wednesday, July 22, 2009 in the City Council Chambers, City Hall, Ss' Floor, Port Arthur, TX. MARK ENVELOPE: EXCAVATING DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to: CITY OF PORT ARTHUR CITY SECRETARY -°- P.O. BOX 1089 PORT ARTHUR, TEXAS 77641 POINTS OF CONTACT: CITY OF PORT ARTHUR CTI'Y SECRETARY 444 4TH STREET, 4`~ Floor PORT ARTHUR, TEXAS 77640 Questions concerning the Invitation to Bid should be directed to: City of Port Arthur, TX Shawna Tubbs, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 409.983.8160 Shawna ortarthur net Questions concerning the Scooe of Work should be directed to: . City of Port Arthur, TX Ross Blackketter, Director of Public Works P.O. Box 1089 Port Arthur, TX 77641 409.983.8180 rblackketter ortarthur.net STEPHEN FITZGIBBONS CITY MANAGER Page 1 of ]5 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, aze 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 I'I'B submittal arrives at the above location by specified deadline regazdless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accevted C=~~%~- Shawna Tubbs Purchasing Manager Page 2 of 15 CITY OF PORT ARTHUR GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepaze SEALED BIDS IN DUPLICATE for famishing: EXCAVATING AND HAULING OF MATERIALS Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 P.M..Wednesdav. July 22. 2009. Bids received after the closing time specified will be returned to the bidder unopened and claims of mail delays will not constitute an exception. Bid proposal MUST BE SIGNED BY BIDDER 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. 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. 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 ]amp 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. The awazd shall be made to the responsible vendor(s) whose bid is detemuned to be lowest offer, taking into consideration the relative importance of price, confomujnce to specifications and capability and experience of the contractor. Page 3 of IS 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 cazefully and to submit a complete response to all requirements and questions as duected. CONFLICT OF INTEREST: No public official shall have interest in this contract, is accordance with Vemon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETffiCS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. +......a.. a~i.a Olru\LAl(LJ rux 1c~Jru1vJ113LL~' 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 awazd. 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 awazd 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 moneys 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 azrangements to paylhe same. Any interpretations, corrections or changes to the TI'B and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. Addenda will be mailed to all who are known to have received a copy of the ITB. Offeror's shall acknowledge receipt of all addenda. rrui~~,irAL YLA(:E OF BUSINESS• The official business address (office location and office personnel) shall be a Port Arthur address, 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. 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 appeaz on all itemized invoices. Page 4 of 15 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P. O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur. 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 wmply with all applicable laws, ordinances, rules, order;, 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 cazrying out of the progam, shall have any personal Snancial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAXMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City firm granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts aze paid or until satisfactory arrangements for payment has been made. Bidder; must complete and sign the AFFIDAVIT included as part of this ITB. CONTRACT: The following will comprise the contract between the City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3. Addenda 4. GenetalInformation 5. Specifications 6. Bid 7. Notice of Award 8. Notice to Proceed OUANTTTIES: 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. All bids will remain in effect for one year. Page 5 of 15 SHIPPING INFORMATION: All bids aze to be F.O.B., City of Port Arthur, port Arthur, Texas 77640. ______~., ~...~.~aoivi~,~ icr: u1KN;ll 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 filrnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial Practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined TERMINATION FOR CONVENIENCE: The City may temunate 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 Page 6 of 15 up to the termination date. If this contract is temunated due to fault of the Contractor, the previous paragraph hereofre]ative to termination shall apply. EXPERIENCE & CAPABILITY: Bidder shall include the following information to describe the experience and capability factors of the company: 1. Number of years in operation. 2. Largest project currently in effect with a business. 3. Number of employees currently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by your company. 5. Be otherwise qualified and eligible to receive an award. 6. Other companies that you contracted with. 7. If a company wants to receive the award for more than one group, the company must show that it has the equipment and employees to handle more than one group. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to famish 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 Conhactor 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 Pmt anY sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, Purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result finm 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 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/$500,000pcr 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, Page 7 of 15 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. 2. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occisrence, for bodily injury and property damage. b. If individual limits aze 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 inm~rance 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 (I S) 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 am. to 5:00 p.m. so that the City will be able to contact the contractor. Page 8 of 15 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDE - OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terntinate approximately one (1) yeaz from date of execution. There aze two (2) additional one (I) yeaz renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category `°Transportaton". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional yeaz. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. Al] material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standazd specifications for Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price, City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 9 of 15 CITY OF PORT ART _ TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS Bidder shall provide services to the City on an AS-NEEDED basis at the rates bid. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual chazges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need, the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yazd capacity nor more than 14 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF.OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay material from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area No up-chazge will be accepted for hauling to Sabine Pass. 8. Limestone, hot mix asphalfic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle azea to various City project job sites, including those in the Sabine Pass area No up-charge will be accepted for hauling to or from Sabine Pass. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevazd, or along 25m Street at the Motiva fresh water reservoir. Page 10 of I S CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID OPENING DATE: JULY 22.2009 PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS The undersigned doing business in the City/Town of submits, herewith, in conformity with the General Instruction, Conditions, and Specifications, the following proposal for OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR fincludine Sabine Passl ITEM # DESCRIPTION BID AMOUNT 1 Fill Sand $ CY 2 60/40 $ CY 3 Clay $ CY 4 Top Soil $ CY B. PICKED UP AT PLANT LOCATION• ITEM # DESCRIPTION BID AMOUNT 1 Fill Sand $ CY 2 60/40 $ CY 3 Clay $ CY 4 Top Soil $ CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or hours. LOCATION OF PRIMARY BORROW PIT: LOCATION OR SECONDARY BORROW PIT: Page 11 of 15 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ TON $ TON 2 HMAC type material $ TON $ TON 3 Cement Stabilized Sand $ TON $ TON 4 Concrete Debris $ TON $ TON Equipment and drivers operators will be made available hours or _ days after receipt of request for hauling services. D. HOURLY CHARGE FOR WATTING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or . jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being chazged at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: The City reserves the right to award the bid by class of work, or the entire bid to one (1) responsible bidder. Bids shall be good for sixty (60) days from date of bid opening. Receipt of addenda is aclmowledged: Number Dated Received COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER (PRINT OR TYPE NAME) TTfLE P. O. BOX CTTY STATE ZIP AREA CODE TELEPHONE NO. Page 12 of 15 BID OPENING DATE: Juiv 22.2009 CTTY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders aze requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS CITYlSTATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER Page 13 of IS AFFIDAVIT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: I hereby certify that I do aot have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this ageement. 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 became due. NAME OF OFFEROR: TITLE ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER SIGNATURE STATE COUNTY SUBSCRIBED AND SWORN to before me by the above named on this the day of Zp Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 14 of 15 CONFLICT OF INTEREST QU-ESTIONNAIRE gpy~ CIQ For Vendor or other person doing busiaess with local goveromeatal entity This questionnaire reflects changes made to the law by H.B. 1491, SD Leg., Regulaz Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who Las a business relationshp as defined by Section 176.00] (t-a) with a local govemmental entity and the person meets requirements under Section 176.006 (a). By law tbis questionnaire must be filed with the records administrator of the local governmeatal entity not later than the 7~ busines after the date the person becomes awaze of facts that require the statemem to be filed. See Section I76.006, Local Govemment Cod A person commits an offense if the person Imowingly violates Section 176.006, Local Govenmem Code. An offense tinder this sec is a Class C misdemeanor, 1. Name of person who has a business relationship with local governmental entity. Z. ^ Check this boi if you are filing an update to a previously filed questionnaire. (The ]aw requires that you file an updated completed questionnaire with the appropriate Siing authority not later than 7`s day after the date the originally filed questionnave becomes incomplete or inaccurate.) 3. Name of local a government officer with whom filer Las employment or basiness relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer Las an employment or other business relationship as defined by Section 176.001 (i-a), Local Govemment Code. AmacL additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or ltkely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes ~ No B. Is the filer of the questionnave receiving or likely to receive taxable income, other than investment income, from the filer questionnaire? Yes ~ No C. Is the filer of this questionnaire employed by a corporation ar other ^ Yes ^ No D. Describe each employment or business relationship with the local government officer named in this section. Page 15 of IS CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID OPENING DATE: JULY 22, 2009 PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS The undersignedMl(I Co-1n~V MCl-fPViQI (li1'~ C.f)/1S•y/in~inn doing business in the CitylTownof hY~- AY~hl.r-Y submits, herewith, in conformity with the General Instruction, Conditions, and SpeciScations, the following proposal for EXCQV~_ pndNnui(r~.o~ Ner4eY1QIS OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR fincludine Sabine Passl TI'EM # DESCRIPTION BID AMOUNT 1 Fill Sand $ . `Z_ (p 5 CY 2 60/40 $_ (p . ~p CY 3 Clay $ 5.40 CY 4 Top Soil $ (o . 00 CY B. PICKED UP AT PLANT LOCATION• ITEM # DESCRIPTION BID AMOUNT 1 Fill Sand $ ,3. 50 CY 2 60/40 $ 3.00 CY 3 Clay $ 2,"15 CY 4 Top Soil $ 3. 00 CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within ~~ minutes or ~ hours. LOCATION OF PRIMARY BORROW PIT: ~7Q~ IrY1US+rIQI CI Y('I K~ ~M 3G~ 53 ~1}'+ AY~tLiY' LOCATION OR SECONDARY BORROW PIT: NW V .3105, 4. ~ m i leg Noah o~ I-10 ~nne~-I- Fage 11 of I S C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD Limestone $ (0. `Z5 TON $ .75 TON HMAC type material Cement Stabilized Sand 4 Concrete Debris $ !O. l5 TON $ (D. 7S TON $ ~. Z 5 TON $ q. 25 TON $ q.25 TON $ 75 TON Equipment and drivers/operators will be made available 2. hours or ~ days after receipt of request for hauling services. D. HOURLY CHARGE FOR WATTING TII~IE FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if buck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of asival at plant or , jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ (v0 /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT:Qj7O0 1 J1d US`fVIQ1 C I role ~ Ff V~ ~~ PnY-~ {~Y+{'(UY' The City reserves the right to award the bid by class of work, or the entire bid to one (1) responsible bidder. Bids shall be good for sixty (60) days from date of bid opening. Receipt of addenda is acknowledged: Number ~_ Dated_ ~ - 2 0 - 0 9 Received rl - 21- D~ Mid Chun}V Nb~rinl~nrvi('m~{Y~~~jt>n_ 8700 Irlc{ ~~-rirll ('irC~2, Pnr fir~'lUl',T~' ~~~~D COMPANY A ,ME>. STREET ADDRESS ~.~1~--- Q.O. Ua~c ~~ SIGNATURE OF BIDDER P. O. BOX Mark ~. VP~nnrl (PRINT OR TYPE NAME) P~P,Sirlen~ TTI'LE NPdPrlanr~, "i)( ~~~2~ CITY STATE ZIP 4oq 751- 555 AREA CODE TELEPHONE NO. Page 12 of 15 BID OPENING DATE: July 22.2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS ~O 1~DX l7 CITY/STATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER -?~- L~! ~ ~ (n rJ(p Page 13 of 15 AFFIDAVIT All pages in the offeror's bid proposal containing statements, letters, etc. shall be signed by a duly authorized officer of the company, whose signature is binding on the bid proposal. 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. Further, I agree to pay succeeding debts as they become due during this agreement. 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. NAME OF OFFEROR: ~(~ Yk ~ ~P rn o n TITLE Presl~Pn~- ADDRESS$ioo In~usfri~l Circle CITY/STATE/ZIP P~r~- Arthur , 7~ ~~~o~o TELEPHONE NUMBER SIGNATURE STATE 't- COUNTY '~ S S ED AND SWORN to before me by the aboveinamed ~ay~~~ on this the ~~ ~ YC SET rn - My Commission Expires December 16. 2000 Dtarlr public AFFIDAVIT AS PART OF THE BID PROPOSAL Page 14 of ] 5 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by HB. 1491, 80 Leg., ltegulaz Session. This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code by a person who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the person meets requirements under Section 176.006 (a). Bylaw this questionnaire must be filed with the records administrator of the local govetnmental entity not later than the 7m busines after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Goverrmtent C A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this se is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. ^ Check this box if you are filing an update to a previously filed gaestionoaire.N ('The law requires that you file an updated completed questionnaire with the appropriate Sling authority not later than 7th day after the date the originally filed questionmaire becomes incomplete or inaccurate.) 3. Name of local a government olt'icer with whom fder has employment or business relationship. ~~~ Name of O cer This section (item 3 htcluding subparts A, B, C, & D) must be completed for each office with whom the Sler has an employmem or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Fonn CIQ as necessary. A. Is the local government officer named in this section receiving or h7cely to receive taxable income, other than investment income, Sinn the filer of the questionnaire? ^ Yes ^ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer questionnave7 ^ Yes ^ No C. Is the filer of this questionnaire employed by a corporation or other ^ Yes ^ No D. Describe each employment or business relationship with the local govemmant officer named in this section. .I/ T_ 1 ~ irtere l~ nu con+lie+ to m+erest. Page 15 of 15 Mid County Materials and Construction 870U Industrial Circle, Port Arthur, TX 77640 P.O. Box G, Nederland, TX 77627 (409) 727-2300 • Fax (409) 727-3559 midcoland(c~att.com Experience and Capability of Mid County Materials and Construction 1. Mid County Materials and Construction has been in operation since December 2007. 2. Largest project currently in effect: Supplying Dirt Material to Tri State Mechanical (Contractor) for the project at 5200 Gulfway Drive under the direction of the Housing Authority of the City of Port Arthur 3. Employees: Mark Vernon -President -oversees daily operations of the company Brock Vernon -Vice-President -operations manager Kevin Pedigo -Superintendent -oversees trucking and drivers Glenn Coussou -Equipment Operator Mary Dupre -Office Manager Heather Vernon -Administrative Assistant 4. Equipment: 330 CAT Excavator (track hoe) 325 CAT Excavator (track hoe) 220 Kabelco (track hoe) D-5N CAT Dozer D-6N CAT Dozer A25 Off-Road (25 cu. yd.) Volvo Dump Truck Miscellaneous other equipment 5. Mid County Materials and Construction has been operating for nearly 2 years in furnishing dirt in and around the Port Arthur area. We have our own fleet of dump trucks and pup trailers. We intend to make a separate division of our company devoted to this contract. 6. Our Port Arthur Location is a permitted dirt pit by the City of Port Arthur. (Ordinance No. 08-03, P.O. No. 5822)