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PR 23126: PURCHASE OF REPAIR CLAMPS
City of ort rthu _ INTEROFFICE MEMORANDUM UTILITY OPERATIONS DEPARTMENT - ADMIN. DIV. Date: April 27, 2023 To: The Honorable Mayor and Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR No. 23126—Repair Clamps Introduction: Repair clamps are used to make repairs on leaking pressure pipes, water pipe and sanitary sewer force mains. Various sizes and types of repair clamps are used by the Utility Operations Department. Bids were received on April 14, 2023. Core & Main of Beaumont, Texas was the lowest bidder, and the Water Utilities Department wishes to enter into a six (6) month contract with the option to renew for an additional six (6) months. Background: Repair clamps are used to make repairs on leaking pressure pipes, water pipe and sanitary sewer force mains. Various sizes and types of repair clamps are used by the Utility Operations Department. Budget Considerations: This equipment has a projected budgetary impact of$264,552.56 between Fiscal Year 2023 and Fiscal Year 2024 and will be maintained in our Warehouse inventory and charged to the appropriate account when used: Account No. 410-40-215-5315-00-00-000 (Water System Maintenance) and Account No. 410-40-220-5313-00-00-000 (Sewer System Maintenance) for routine line maintenance. Recommendation: I recommend that the City Council approve Proposed Resolution No. 23126, authorizing the execution of the contract for the purchase of Repair Clamps with Core&Main of Beaumont,Texas as described/outlined above. PR No. 23126 4/27/23 bw Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CORE& MAIN,LP OF BEAUMONT, TEXAS, FOR THE PURCHASE OF REPAIR CLAMPS FOR THE WATER UTILITIES DEPARTMENT, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $264,552.56. FUNDING IS AVAILABLE IN ACCOUNT NOS. 410-40-215-5315-00-00-000 (WATER SYSTEM MAINTENANCE), & 410-40-220-5313-00-00-000, (SEWER SYSTEM MAINTENANCE). WHEREAS,the Water Utilities Department routinely uses repair clamps to maintain the Water Distribution and Wastewater Conveyance pressure pipes throughout the City; and, WHEREAS, on April 1, 2023, the Purchasing Division of the Finance Department solicited bids for such repair clamps as delineated in the Purchasing Policy; and WHEREAS, a total of four (4) bids were received and opened on April 14, 2023, with Core&Main of Beaumont, Texas being deemed as the lowest overall bidder. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to enter into a six(6)month contract for the purchase of repair clamps for Water Utilities, with the option to renew for an additional six (6) month periods, with Core & Main of Beaumont, Texas, with an annual projected budgetary impact of$264,552.56, in substantially the same form as attached hereto as Exhibit"A"; and, THAT, funding is available in Account Nos. 410-40-215-5315-00-00-000, Water System Maintenance and 410-40-220-5313-00-00-000, Sewer System Maintenance, between Fiscal Year 2023 and Fiscal Year 2024; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. PR No. 23126 4/27/23 bw Page 2 of 2 READ, ADOPTED, AND APPROVED on this day of 2023 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie, Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard al Tizen City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton alvin Matthews, P.E. City Manager Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: 4\)c}i, 1J 0/u, e, Kandy Dan 1 C1' on Williams, CPPB Finance Director Purchasing Manager Exhibit A (Bid Tabulation) W W N N N N N N N N N N 6. 6. 6. 6. 64 6. .. '66 6. 6. ACZO 6. O VC Co ,..4 CA LA A W N �.. cop b op V q t+. 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A tv g q V N 0 Co V V O O Co 0 Co 0 0 0 0 0 0 0 0 Co Co Co O O O O O O O 0 Co 0 0 Co Co CZ CZ0 N Exhibit B (Contract) PURCHASING CONTRACT AGREEMENT FOR REPAIR CLAMPS THIS AGREEMENT,made this the day of , 2023, by an individual, firm partnership or corporation, Core & Main,LP of Beaumont, Texas hereinafter called"Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called the"Owner"or"City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. This Agreement is for six (6) months with the option to renew for two (2) additional six- month periods. 2. This term of the Agreement will be from , 2023 through 3. The City can terminate this contract.at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 4. The Vendor agrees to deliver all materials on an as needed basis during the term of the contract, at the unit prices listed in the bid documents. 5. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Repair Clamps for Water Utilities 6. The term "Contract Documents" means and includes the following: a) Agreement b) Invitation to Bid c) Specifications d) General Information e) Bid f) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A- 1 PURCHASING CONTRACT AGREEMENT FOR REPAIR CLAMPS THIS AGREEMENT,made this the day of , 2023, by an individual, firm partnership or corporation, Core & Main, LP of Beaumont, Texas hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called the"Owner"or"City". WITNESSETH: That for and in consideration of the payments,terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. This Agreement is for six (6) months with the option to renew for two (2) additional six- month periods. 2. This term of the Agreement will be from , 2023 through 3. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 4. The Vendor agrees to deliver all materials on an as needed basis during the term of the contract, at the unit prices listed in the bid documents. 5. During the term of this Contract,the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Repair Clamps for Water Utilities 6. The term "Contract Documents" means and includes the following: a) Agreement • b) Invitation to Bid c) Specifications d) General Information e) Bid f) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A- 1 IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED on the day of , 2023. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER SIGNED AND AGREED on the day of , 2023. WITNESS CORE & MAIN, LP BY A- 2 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER City of COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III KENNETH MARKS o r t r t h u r VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. APRIL 1, 2023 INVITATION TO BID Repair Clamps for Utility Operations DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, April 12, 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,April 12, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-039 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux(gportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. 4r6it, Gt)zig Clifton Williams, CPPB Purchasing Manager Page 2 of 16 INVITATION TO BID Repair Clamps for Utility Operations (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: • Page 3of16 SPECIFICATIONS FOR REPAIR CLAMPS FOR THE CITY OF PORT ARTHUR WATER UTILITIES DEPARTMENT GENERAL INFORMATION These specifications are for the furnishing of Repair Clamps, delivered F.O.B., Water Utilities Service Center, 111 H.O. Mills Blvd., Port Arthur, Texas 77640. The City will accept delivery of repair clamps during the life of this contract per written request stating the quantity, size, type, and expected delivery date of clamps to be delivered. The supplier shall make no deliveries after 3:00 p.m. during normal business days unless otherwise specified by the City. Repair Clamps to be as manufactured by Smith Blair. TECHNICAL SPECIFICATIONS 226 FULL CIRCLE REPAIR CLAMP BAND: STAINLESS STEEL TYPE 304 LUGS: DUCTILE IRON ASTM A536, 80-55-06 GASKET: NITRILE (BUNA N) COMPOUNDED TO PRODUCE SUPERIOR STORAGE AND PERFORMANCE CHARACTERISTICS WHILE RESISTING WATER, ACIDS, ALKALIES, MOST (ALIPHATIC) HYDROCARBON AND MANY OTHER CHEMICALS. NOMINAL TEMPERATURE RANGE -20 DEG.F TO 180 DEG. F. BRIDGE PLATE: STAINLESS STEEL RECESSED FLUSH AND BONDED INTO GASKET. BOLTS: HIGH- STRENGTH, LOW ALLOW STEEL WITH HEAVY SEMI-FINISHED HEXAGON NUTS PER ANSI B.18.2.2. OPTIONAL 304 STAINLESS STEEL BOLTS WITH FLUOROPOLYMER COATED NUTS TO PREVENT GALLING. 238 TAPPED FULL CIRCLE REPAIR CLAMP BAND: STAINLESS STEEL TYPE 304 LUGS: DUCTILE IRON ASTM A536, 80-55-06 GASKET: NITRILE (BUNA N) COMPOUNDED TO PRODUCE SUPERIOR STORAGE AND PERFORMANCE CHARACTERISTICS WHILE RESISTING WATER, ACIDS, ALKALIES, MOST (ALIPHATIC) HYDROCARBON AND MANY OTHER CHEMICALS. NOMINAL TEMPERATURE RANGE -20 DEG.F TO 180 DEG. F. BRIDGE PLATE: STAINLESS STEEL RECESSED FLUSH AND BONDED INTO GASKET. BOLTS: HIGH- STRENGTH, LOW ALLOW STEEL WITH HEAVY SEMI-FINISHED HEXAGON NUTS PER ANSI B.18.2.2. OPTIONAL 304 STAINLESS STEEL BOLTS WITH FLUOROPOLYMER COATED NUTS TO PREVENT GALLING. Page 4 of 16 227 FULL CIRCLE REPAIR CLAMP DOUBLE BAND BAND: STAINLESS STEEL TYPE 304 LUGS: DUCTILE IRON ASTM A536, 80-55-06 GASKET: NITRILE (BUNA N) COMPOUNDED TO PRODUCE SUPERIOR STORAGE AND PERFORMANCE CHARACTERISTICS WHILE RESISTING WATER, ACIDS, ALKALIES, MOST (ALIPHATIC) HYDROCARBON AND MANY OTHER CHEMICALS. NOMINAL TEMPERATURE RANGE -20 DEG.F TO 180 DEG. F. BRIDGE PLATE: STAINLESS STEEL RECESSED FLUSH AND BONDED INTO GASKET. BOLTS: HIGH-STRENGTH, LOW ALLOW STEEL WITH HEAVY SEMI-FINISHED HEXAGON NUTS PER ANSI B.18.2.2. OPTIONAL 304 STAINLESS STEEL BOLTS WITH FLUOROPOLYMER COATED NUTS TO PREVENT GALLING. 261 FULL CIRCLE REPAIR CLAMP BAND: STAINLESS STEEL TYPE 304 LUGS: STAINLESS STEEL TYPE 304 KEEPER BARS: STAINLESS STEEL TYPE 304 GASKET: NITRILE (BUNA N) COMPOUNDED TO PRODUCE SUPERIOR STORAGE AND PERFORMANCE CHARACTERISTICS WHILE RESISTING WATER, ACIDS, ALKALIES, MOST (ALIPHATIC) HYDROCARBON AND MANY OTHER CHEMICALS. NOMINAL TEMPERATURE RANGE -20 DEG.F TO 180 DEG. F. BRIDGE PLATE: STAINLESS STEEL RECESSED FLUSH AND BONDED INTO GASKET. STUD BOLTS: TYPE 304 STAINLESS STEEL WITH ROLLED THREADS, FLUOROPOLYMER COATED TO PREVENT GALLING. TERM OF CONTRACT The term of this contract shall be for one six months, with the option to renew for six month period. Bid quantities shown are for bidding purposes only. These quantities were determined from past experience and do not obligate the City to purchase these amounts. The City reserves the right to award the lowest overall responsive bidder or to award by item to the respective lowest responsive bidder. Page 5 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Repair Clamps for Utility Operations BID DUE DATE: April 12,2023 STANDARD RANGE CLAMPS Pipe Size O.D. Range Bid Item (in)/Type (in) Width (in) Qty Unit Cost Total Cost 1 2/0 2.35-2.75 7.5 125 $ 73,esi $ 917 , c' 2 2/C1 2.35-2.75 12 50 $ I I 9, 94 $ 3 21/4-21/2/Galv 2.70-3.13 7.5 20 $ 2 ji '9 / $ / 9 lo P, ze9 4 2/HDPE/PVC 2.70-3.13 12.5 6 $ 1/8% 2 3 $ 2.69, 3 g' 5 3/GaIv 3.46-3.70 7.5 10 $ 24 ,4,/2, $ 2641, 20 6 3-4/CI 3.73-4.13 7.5 15 $ 76 , -5--' $ // 59, 2.5" 7 4/AC 4.75-5.14 7.5 60 $ 9 2, 7 ec, $ 515 5-, 4o 8 4/AC .75-5.14 12 25 $ /1/9, Z 2_ $ 3 7 9 0, 9 4/AC 4.75-5.14 20 15 $ .21_5; ei 2._ $ 3 2 2...5-, 36 10 6/CI 6.84-7.25 7.5 200 $ /422 5- 3 $ ..Ze? ..--a4,a 6 11 6/0 6.84-7.25 12 150 $ / ? 2 , 3z, $ 2.g;-ii,71 ; cxv 12 6/CI 6.84-7.25 15 50 $ 2,4, z 4 $ e 4 / 13 6/CI 6.84-7.25 20 50 $ 2_37, 6 7 $ 14 6/AC 7.05-7.45 7.5 150 $ /0"7`, a ? $ /,....‹; g/ e, ,rel 15 6/AC 7.05-7.45 12 50 $ / 72, J7-- $ 16 6/AC 7.05-7.45 15 10 $ 2 '.? ,I' ' $ .ze if:', 40 17 6/AC 7.05-7.45 20 5 $ 2-4/ 3 , 0-5.-- $ / :2 0 i.5'., 2-5'- 18 8/HDPE 8.54-8.94 15 50 $ :-F‘‘'z-2/7 $ >3, 311/, ee" 19 8/CI 8.99-9.39 7.5 40 $ //4 , 1/•2, $ if-//-6,5- , ea 20 8/CI 8.99-9.39 12 25 $ / 25, 0 gr $ --/ E>2 0 e9 21 8/CI 8.99-9.39 15 15 $ .22,6 , / " $ 3 3 9i, _5-47 22 8AC 9.27-9.67 7.5 40 $ / 2 7, 4/1 $ S"c7 99 4'd 23 8/AC 9.27-9.67 12 25 $ 2/ 7, 73 $ 24 12/CI 12.62-13.02 15 10 $ =Z.ee,..s €' $ 25 12/AC 13.10-13.50 12 10 $ Zs'7, 'z-47 $ 26-72, ° e° 26 12/AC 13.10-13.50 15 10 $ .:Z 9/, a tr $ 25' /0, e a 27 12/AC 13.10-13.50 20 5 $ .3 74 i 9 / $ / 8 6,° /, r5"---4-- 28 12/AC 13.10-13.50 30 5 $ ,5"-'212, ? z- $ .2_.F.5-3, Z0 29 12/AC 13.40-13.80 15 5 $ .2.8 , ‘, / $ /4.1.419 0-Y- 30 12/AC 14.00-14.40 12 10 $ .2,s-3, 5 4, $ .2„5-39 , 40 31 12/AC 14.00-14.40 15 10 $ 2.5`47," 2- $ .2.9 re, DOUBLE BAND CLAMPS 32 6/CI 6.84-7.64 7.50 10 $ / 9eP,/ 7 $ / 2 c9i , ?ci Page 6 of 16 Pipe Size O.D. Range Width Bid Item (in)/Type (in) (in) Qty Unit Cost Total Cost ^ 33 8/CI 8.99-9.79 7.5 5 $ / ?2, y 7 $ 9 ? , 3`S 34 10/AC 11.04-12.24 10 5 $ 21/-5 eh? $ / :2 25 , 9O 35 10/AC 11.04-12.24 12 5 $ _?3/, SS" $ / -5'?, ? 36 10/AC 11.04-12.24 20 5 $ S''Q 2 + 2 Z. $ ..24s-// , /Zil 37 12/AC 13.65-14,65 12 10 $ 3 749 , 9S- $ :72e 9, -S 22 38 12/AC 13.65-14.65 15 10 $ '/'74--/, i3- $ 4(2L/ /, a 39 12/AC 13.65-14.65 30 5 $ 2'2'/, 9 2., $ 17//22, I e 40 16/AC 17.20-18.20 12 2 $ 6'/9, 2- 4-1 $ j e 3 iJ, eir 41 16/AC 17.20-18.20 20 1 $ g0' 9, Z 3 $ gpy, a 3 42 16/AC 17.20-18.20 30 1 $ /2 / !n,, / ..$ $ / 2/,,/ ..5- 43 18/CI 18.40-19.40 20 2 $ 2 '31, ‘7 $ / 6, 3, 3 S' 44 C900/DI 21.52-22.27 20 4 $ f'? IF,-5-7 $ yrS"/ . 2`f 45 24/CI 25.70-26.80 30 1 $ .22 9 3, 9 'J $ 2 2 95, q 9 46 C900/DI 25.70-26.80 15 4 $ j/ '9 i `'7 c7 $ 1/1/31, /4 47 C900/DI 25.70-26.80 20 4 $ j S e9 ea. $ half, .20 48 30CI 31.54-32.74 30 1 $ / 9 9-5": a - $ / 2 2 3"1 ® 2 49 36/CI 37.75-38.95 20 1 $ / 3'$9, I6'6 $ /3_5- j, p i4 50 36/CI 37.75-38.95 30 1 $ / 9 41 , `js— $ /5'4/9 , 9._ TAPPING CLAMPS 51 2"w/1"CC 2.35-2.63 7.5 30 $ /c 9, 1 2 .. $ -3 2 2 f', �' . 52 2"w/1"CC 2.35-2.63 12.5 10 $ j J�3 , t9. $ / $34, 3,01 53 4"w/1"CC 4.74-5.14 7.5 40 $ j / , 9 7 $ /`/3 we, eel 54 4"w/1"CC 4.75-5.14 12.5 40 $ /! 6', 2-9 $ d 731, ‘.69 55 6"w/1"CC 6.84-7.24 7.5 50 $ /2. 2 , 0 4' $ ‘ / ©3, d 0 56 6"w/1"CC 6.84-7.24 12.5 40 $ /9 /, ,S"4 $ 2b 4 2;, 5i o 57 8"w/1"CC 8.99-9.39 7.5 20 $ / 3 9 , /,3 $ ,2 r e2, 4 d 58 8"w/1"CC 8.99-9.39 12.5 5 $ -/-3' 7 2-- $ /U C. 5, !n c9 TOTAL $ :22,g, ' -S ,S"--, 6^6 DELIVERY will be made (7 days after receipt of order. re' ( E'_ 4 act IC 5e /f l— e, COMPANY NAME STREET ADDRESS NA E OF BID ER P.O. BOX rr�� ,f.�er)/7 . A3Q r >"ca r (�-) t/ 1.Zot t).r)mr,"T 7—x 9 e. 2rJ 9 PRINT A TYPE NAME CITY STATE ZIP ,5 -s ,9 D"l zit'' ‘ — /F 7 TITLE Jr)," AREA CODE TELEPHONE NO L9 k y, 1 ar"i'ii 77�eC. (20 r.e+E4_rltY to", Cd:?'1 ry 7 ,�P 1 — 0 ! 5 5 EMAIL FAX NO. Page 7 of 16 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: Z..- r Printed Name: Title: (?5 Alfa," el) eA- Company: Co ci le,A I_w Date: ?/- -2-7 SUBSCRIBED and sworn to before me by the above named e-rlc - ar on this the ' 0-) day of y"f'y 20 2-3 :_m _ . 1 1����� ' �iv_ cab °�, �`'�' �rIuLaRvir� Notary Public in and for the -°: 4n=Notary Public,State of Txs li 7-.: ate of Texas �,�' "�,� Comm.Cc�mrn Expira�72-17-2025 � g,,,, Notary ID 131376376 -- �' My commission expires: L2-) ))J 2-0.4. Page8of16 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: ,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. 1 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. ec,>--,4 4- t?u,„ L 1 7-/2-Z 3 Firm Na e Date 4,tin Authorized Signature Title Sw',c C.,Vpr !P (4 ')S '( _ fVS Name (please print) Telephone Email STATE: Te,«S, COUNTY: Z SUBSCRIBED AND SWORN to before me by the above named Eric 29if79f on this the 271"/ day of .435r;) , 20 2 . tNotaIjj u � NIKUI NSi RATE Notary PuARVI[7(iic,DState9A;of .111W,-------;•r Notary Public 14 Ho 31376376 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 16 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 th= vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity •t later than the 7th business day after the date the vendor becomes aware of facts that require the state t to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.0F, Local Govern -ent Code. 1 offense under this section is a misdemeanor. Name of vendor who has a bust•ess relationship with to •overnment. entity. ❑ Check this box if yo are sling an update to a• eviously file•questi nn.' -. e law requir=.that you file an updated completed question aire‘nith the appropriate ing authority ot late h:n the 7th business d. after the date on which you became awe that tfp originally filed,: estionnaire • as inc• pie e or inaccurate.) .31 Name of local gove ment officer about w the infor tion is b ing disclosed. N.' e of Officer Describ- -ach employment or ot f busines- relationship with the local government officer,or a family member of the officer =s described by Section 176.003(a)( (A). Also describe any family relationship with the local government officer. Co . ete subparts A and B for each empl• mentor business relationship described. Attach additional pages to this Form CI•'as necessary. A. Is the local •overnment 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 1.1 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J 1 fl 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). Signature of 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 16 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete 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 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) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 11 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. Page 12 of 16 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. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. Page 13 of 16 DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. Page 14 of 16 RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. Page 15 of 16 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 16 of 16 111/1/ t,,,qf `r ; CITY OF PORT ARTHUR, TEXAS 1111Y,i It ort rthu ADDENDUM NO. ONE (1) Texas April 5, 2023 BID FOR: REPAIR CLAMPS 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. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Friday, April 14, 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 Friday, April 14, 2023 in the City Council Chambers, City Hall, 5th 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. Clif e illiams, CPPB Purchasing Manager 413 3 ignatt of Proposer Date