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HomeMy WebLinkAboutPR 23106: AUTHORIZATION TO ENTER A CONTRACT FOR THE PURCHASE OF DYED DIESEL FUEL rtlr«r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 13, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager 0/ From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Works A,i - RE: PR No. 23106: Authorization to Enter a Contract for the Purchase of Dyed Diesel Fuel Introduction: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into a contract with Tri-Con of Beaumont, Texas, for dyed diesel fuel. Background: Dyed diesel fuel is used in off-road vehicles and equipment by the Public Works, Utility Operations, and Pleasure Island departments. The Purchasing Department advertised for bidders,with three bids received. Tri-Con,Inc. of Beaumont,Texas, was the lowest responsible bidder. Budget Impact: Department fuel accounts will be used: 001-21-055-5230-00-70-00(DRAINAGE),403-50-320-5230-00-00- 00 (LANDFILL), 450-60-410-5230-00-00-000 (PLEASURE ISLAND), 410-40-210-5230-00-00-000, 410- 40-215-5230-00-00-000, 410-40-220-5230-00-00-000, 410-40-225-5230-00-00-000 (UTILITY SERVICES). Recommendation: It is recommended that the City of Port Arthur's City Council approve PR Number 23106 authorizing the City Manager to execute a contract with Tri-Con, Inc. of Beaumont, Texas. "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 S:\Engineering\PUBLIC WORKS\PW-RESOLUTIONS\PR23106_Dyed Diesel Fuel\Dyed Diesel Fuel Memo.docx PR No.23106 04/13/2023 CEWJ/FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRI-CON, INC. OF BEAUMONT, TEXAS, TO PURCHASE DYED DIESEL FUEL FOR PUBLIC WORKS, PLEASURE ISLAND,AND UTILITY OPERATIONS WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $250,000.00. FUNDING IS AVAILABLE IN FUEL ACCOUNTS 001-21-055-5230-00-70-000 (DRAINAGE); 403-50-320- 5230-00-00-000 (LANDFILL); 450-60-410-5230-00-00-000 (PLEASURE ISLAND); 410-40-210-5230-00-00-000, 410-40-215-5230-00-00-000, 410-40- 220-5230-00-00-000, 410-40-225-5230-00-00-000 (UTILITY SERVICES). WHEREAS, the Port Arthur Public Works, Pleasure Island, and Utility Services Departments have been allotted funds in their annual budget to purchase fuel; and, WHEREAS,dyed diesel fuel is used for off-road vehicles and equipment; and, WHEREAS,the Port Arthur Purchasing Division issued an Invitation to Bid to suppliers for dyed diesel fuel in the Port Arthur News on February 4, 2023, and February 11, 2023 (see Exhibit A); and, WHEREAS,the Purchasing Division received and opened three (3) bids on February 22, 2023, and a copy of the Bid Tabulation is attached hereto as Exhibit B; and, WHEREAS, the Port Arthur Purchasing Division recommends awarding a one-year contract for dyed diesel fuel with the option for two (2) additional one-year renewals to Tri-Con, Inc. of Beaumont, Texas, for$0.0525 above OPIS. 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, PR No.23106 04/13/2023 CEWJ/FCR Page 2 of 3 THAT, the City Manager of the City of Port Arthur is hereby authorized to enter into a contract with Tri-Con, Inc. of Beaumont, Texas, to purchase dyed diesel fuel for $0.0525 above OPIS (see Exhibit B); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2023, at a meeting of the City of Port Arthur, Texas,by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor Attest: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno,Es . Ronald Burton City Attorney City Manager PR No.23106 04/13/2023 CEWJ/FCR Page 3 of 3 APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy Daniel( zelle Roberts T, MEng, MBA Director of Finance Directo Public orks u ifton Williams, CPPB Calvin Matthews, PE Purchasing Manager Director of Utility Operations George Davis Director of Pleasure Island PR No. 23106 EXHIBIT A CITY OF PORT ARTHUR Request for Bid Purchase of Dyed Diesel Fuel February 4, 2023 February 11, 2023 ADVERTISEMENT FOR BIDS Notice Is hereby given that sealed Bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hail 444 4th Street or P.O. Box 1089, Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday, February 22, 2023 and all Bids received will thereafter be ) - opened and read aloud at 3;16 P.M.,on Wednesday,February 22,2023 in the City Council Chant- bars,5th Floor,City Mall,Port Arthur,Texas for certain services briefly described as: 1.WATER TREATMENT CHEMICALS 2.PURCHASE OF DYED DIESEL FUEL Bids received after the deadline stated above,regardless of method of delivery,will not be considered Ad returned unopened. Copies of the Specifications and other Contract Documents;era on tile in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public Inspection without charge.They can also be retrieved from the City's website at www.portarlhur.net or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shalt not Iaward a contract to a company that is In arrears in its obligations to the City. A IL fi12 ;141L4t- • ' Cii4n Williams,CPPB Purchasing Manager • I _ — . _ CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed Bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P. O. BOx 1089, Port Arthur,Texas 77841 Lno later than 3:00 p.m.,Wednesday, February 22,2023 and all Bids received will thereafter be opened and read aloud at 3:16 P.M..on Wednesday,February 22,2023 in the City Council Cham- • j bars,5th Floor,City Halt,Port Arthur,Texas for certain services briefly described as: 1.WATER TREATMENT CHEMICALS 2.PURCHASE OF DYED DIESEL FUEL • Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office.444 4th Street,City of Port Arthur.and are open for public inspection without charge.They can also be i -retrieved from the City's website at www.portarthur.net or www.pubilcpurchase.com. r ' The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec.2-262(C)of The City's Code of Ordinance,the City Council shall not award a contract to a company that Is In arrears in its obligations to the City. Cif�n Williams,CPPB Purchasing Manager PR No.23106 EXHIBIT B z a H C O N O 0 O O GI r O O O O en 5 •�" y E F v O O pho r co a o G, N M C = H = N C b U C d u Ll © Hr C Te Sir it O o : ° x ..et` o VIA u ct Ctix z a• o . a; c E" E� A ct A inN z a ect O E' a s •a x z O CI. co)- O a O o a0 Q >" a C Iro 090 c .p Or a ea O o en 8 a d � I se- OGz+ W`i r \ U, 0+ b vi `D > 0 O v No 0 qV A 40 i. rc.l u A i PR No.23106 EXHIBIT C CONTRACT FOR DYED DIESEL FUEL FOR PUBLIC WORKS, PLEASURE ISLAND,AND UTILITY OPERATIONS THIS AGREEMENT, made this day of , 2023, 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 Tri-Con,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 one (1) year from start date on Notice to Proceed, with an option to renew the contract for two additional one (1) year periods. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 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 supply the materials described in the specifications and contract documents for$0.0525 above OPIS. 5. The term "Contract Documents" means and includes the following: a) Agreement b) General Information c) Specifications d) Bid e) Bid Bond f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. A- 1 Signed on the day of , 2023. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of , 2023. ATTEST CONTRACTOR BY CITY SECRETARY Tri-Con, Inc. Beaumont, Texas Print Name: Title: A- 2 "f THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM Ctt' of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III o r t r t h u KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Tr'rcrs CITY ATTORNEY DONALD FRANK,SR. MAY 24, 2021 INVITATION TO BID Purchase of Dyed Diesel Fuel DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 22, 2023. (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, February 22, 2023 in the City Council Chambers,City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-027 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 The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 18 INVITATION TO BID Purchase of Dyed Diesel Fuel (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 SUBMIT THE FOLLOWING. A. BID SHEETS-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 I AND SIGN&DATE ON LINE 7-PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 Page 4 of 18 SPECIFICATIONS FOR DYED DIESEL FUEL All deliveries will be F. O. B City storage tanks. Deliveries will be by a Tank Transport Truck. Bidders must bid a price differential above or below the average price of the PADD 3 Report published for Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel delivered during the contract term will be determined by applying the differential bid to the PADD 3 average price in affect on the date of delivery. The PADD 3 price in effect will change each Monday to the price published the previous Thursday. All delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be properly equipped with accurate measuring devices, vapor recovery systems, and spill pickup equipment. City of Port Arthur personnel must verify this equipment upon completion of delivery. Deliveries shall be made on a net gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of Texas that verify tank capacities for a given truck. Generally orders for deliveries will be made by the Public Works Departments in quantities of 4,000 gallons or less. Deliveries will be made within one(1)workday of the order to the locations listed below: Various Departments may call contractor out to fill up generators at various locations. Department Location Estimated Annual Usa2e Hours of Delivery Public Works Landfill Hwy. 73 26,000 gallons 7:00 A. M. - 5:00 P. M. (M-Sat) Pleasure Island Pleasure Pier Blvd. 4,600 gallons 8:00 A. M. - 5:00 P. M. (M-Fri) The Landfill tank is a 5,000 gallon above ground storage tank. The Pleasure Island tank is a 1,000 gallon above ground storage tank. The amounts specified are estimated based on past experience and the City is not obligated to purchase these amounts. The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other declared emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of Port Arthur for delivery, including length of time after receipt of order that vendor shall make delivery of fuel. Vendors shall state other entities having a priority of delivery over the City of Port Arthur. Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The manifest must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from any other source will be rejected. Any transport arriving without proper paperwork will not be permitted to unload. The City of Port Arthur reserves the right to test fuels at any time for specification compliance. The cost for such tests shall be paid by the seller in the event the product fails to comply. Such failure will result in the prompt removal of failed products, using the vendor's equipment, at no cost to the City of Port Arthur, within twenty-four (24) hours of notification. Acceptable fuel shall immediately replace unacceptable fuel based on the quality of questionable fuel originally delivered to a given location at no charge for the entire shipment. Violation of specification requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration of future awards. Page 5 of 18 Fuel prices bid will include all taxes and loading fees. The City is only sales tax exempt. The bidder must submit Material Safety Data Sheet(s)with bid. All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or the Society of Automotive Engineers or the American Society for Testing and Materials. The contract will be for 12 months and the city will have the option to renew the contract for two additional one(1)year periods. Page 6 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Dyed Diesel Fuel BID DUE DATE: February 22, 2023 DESCRIPTION PRICE ABOVE OPIS DIFFERENCE Dyed Diesel Fuel $ .0525 FLAT CHARGE FOR SPLIT DELIVERY TO MORE THAN ONE(1)LOCATION $ $37.00 Tri-Con Inc. 7076 West Port Arthur road COMPANY NAME STREET ADDRESS I , % Apex - 4 P.O. Box 20555 SIte A u ' OF BIDDER P.O.BOX Jody Spoonemore Beaumont Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Representative 409 835-2237 TITLE AREA CODE TELEPHONE NO jodyspoonemore@triconinc.org 409 935-1925 EMAIL FAX NO. Page 7 of 18 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: 9o4 Printed Name: Jody Spoonemore Title: Sales Representative Company: Tri-Con Inc. Date: 02-22-23 SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and fo- the State of Texas My commission expires: PAULA COOPER I I N� %�` Notary Public _ STATE OF TEXAS I •rc��4+r M Comm..Ex..Mar.18,2023 I Page 8of18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Tri-Con Inc. 02-22-23 Firm Name Date • I 41701Ltinent Sales Representative • uthorized Signature Title Jody Spoonemore 409-835-2237 Name(please print) Telephone jodyspoonemore@triconinc.org Email STATE: c-c_S COUNTY: SUBSCRIBED AND SWORN to before me by the above named c eks Do i\e.MiSt e on this the day of S„�cz , 20 . C�c5 ;. Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL C • _ PAULA COOPER ) Notary Public `;W'' STATE OF TEXAS ) r N�lf t(,4�• y ID#7118932 ` .. My Comm.Exp.Mar.18,2023 Page 9 of 18 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. OFRCE 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. N/A J EiCheck 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 J 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 relationshipthat the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J �.• X p-Orantiri.U' 02-22-23 Si.4 ature . vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 18 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.ust 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 govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence; or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics state.tx.us Revised 11130,2015 Page 11 of 18 SB 252 CHAPTER 2252 CERTIFICATION Jody spoonemore , the undersigned and representative of Tri-Con 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. Jody Spoonemore Name of Company Representative (Print) )40471711.t rn.0"ri.- Signature of Company Representative 02-22-23 Date Page 12 of 18 House Bill 89 Verification I, Jody Spoonemore (Person name), the undersigned representative (hereafter referred to as "Representative") of Tri-Con Inc. Tri-con 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 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. ( v 4ô-cntin - SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this D-1 day of .-42.4 c-k , 20 k- . \ c-.1.,g1___C-da .Q.\, Notary Public ( o�0",,,en PAULA COOPER t =,`(�, Notary Public `, R{ '' STATE OF TEXAS N.N pp 4'''" ID#7118932 ''•.. My Comm.Ex .Mar.18,2C23 Page 13 of 18 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 14 of 18 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.: Accounting, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. Page 15 of 18 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. 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 Page 16 of 18 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: 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. Page 17 of 18 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 18 of 18 CITY OF PORT ARTHUR,TEXAS City of F 2,1 rthu"..— ADDENDUM NO. ONE (1) February 20, 2023 BID FOR: DYED DIESEL FUEL 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 1, 2023. (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,March 1, 2023 in the City Council Chambers, City Hall, 5►h Floor, Port Arthur, TX. You are invited to attend. 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. .� Gt Cliff Williams, CPPB Purchasing Manager 95048- 0 0"D'il.Q.fY1. f.L 02-22-23 Signature of Proposer Date