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Home My WebLink AboutPR 15479: HAULING OF SOILS CONTRACTPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitzgibbons, City Manager FROM .Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.R. #15479 -Providing and Hauling of Soils Contract DATE Ol September 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15479, authorizing an annual contract for the hauling of Hot-Mix Asphaltic Concrete (HMAC) to J. M. Kaufman of Port Arthur, Texas. This service will be provided on an AS-NEEDED BASIS. BACKGROUND: This is an annual contract for the hauling of materials 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 22, 2009 with four (4) eligible bids being received (see attached bid tabulation). The bid from 1. M. Kaufman was found to be the lowest and most responsive for hauling HMAC, as follows: J. M. Kaufman 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 Ga 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 ]. 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 Wart Time HR $55.00 ]. M. Kaufman Z:\engineer\Documer~\Contrads\Soils and Hauling\Kaufrnan CAM-04.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 are 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 departmental 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. 15479, authorizing an annual contract for the hauling of materials (HMAC) to J. M. Kaufman of Port Arthur, Texas. This service will be provided on an AS-NEEDED BASIS. ~=t1~~ Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:\engineer\Documents\Contracts\Sals and Hauling\Kaufman CAM-09.doc 2 P.R. No. 15479 08/28/09 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE FIRST YEAR OF A CONTRACT WITH J. M. KAUFMAN OF PORT ARTHUR, TEXAS FOR THE HAULING OF MATERIALS WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS WITH PRICES BEING ADJUSTED ACCORDING TO THE TRANSPORTATION CONSUMER PRICE INDEX. FUNDING IS AVAILABLE IN VARIOUS PUBLIC WORKS ACCOUNTS. WHEREAS, the City advertised for bids for hauling of materials on July 5, 2009 and July 12, 2009 ;and, WHEREAS, four (4) bids were received; and, WHEREAS, ]. M. Kaufman was the lowest responsive bidder for hauling of Hot-Mix Asphaltic Concrete (HMAC), 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 Exhibit °B" for the hauling of materials (HMAC) with the option of renewal for two additional years with J. M. Kaufman of Port Arthur, Texas with each subsequent year's price adjusted according to the transportation Consumer Price Index; and, THAT, funding is available in the FY2009/2010 Public Works Budget,and, THAT, James Kaufman of J. M. Kaufman 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. 15479 Page 2 READ, ADOPTED AND APPROVED this the day of 2009 at a Ayes: Mayor: A.D. meeting of the City of Port Arthur, Texas by the following vote: Attest: City Secretary APPROVED AS TO FORM: rzwi , CIty Attorney APPROVED FOR ADMINISTRATION: Stephen B. Ftrgibbons City Manager ®--~ ~~. Ross E. Blackketter, P.E. Director of Public Works AGREED T0: James Kaufman J. M. Kaufman Mayor APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols, CPA Director of Fnance Shawna Tubbs Purchasing Manager Z:\engineer\Documents\Contracts\Soils and Hauling\PR15479.doc EXHIBIT A City of f CITY OF PORT ARTI3UR TEXAS re=as Bid Tabulation EXCAVATING AND HAULING OF MATERIALS B"a o ~ emn Date: Jul 22, 2009 Names of Bidders Mid County Item # UOM Descri lio Carla's Transport Materials and Redwine n Delivered within the City of Port Arthur Services Inc. Construction J.M. Kaufman Enter rises A. incluain Sabine Pass 1. C Fill Sand $8.50 $6.25 $S.SO $4 40 2. C 60/40 $8.50 $6.00 $S.SO . $4 40 3. C Cla $8.50 $5.40 $S.2S . $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 $3.00: $10.00 $7.00 Res onse to load material re uest 3 Hours 30 minutes or 1 Hour 24 Hours Same Day if Possible Hwy 36S & 8700 Industrial Circle Location of Prima Borrnw Pit West Port Arthur Road FM 365, PA FI 69 Hw 69 DD7 Hwy 365,4.3 miles N. Location of Seconda Borrow Pit - of I-10, Fannett Hw 73 Pattilo Koad Location Port Arthur, TX Nederland, TX Port Arthur, TX Port Arthur, TX Page 1 oft CITY OF PORT ARTHUR TEXAS Bid Tabulation EXCAVATING AND HAULING OF MATERIALS Bid Opening Date: July 22, 2009 Names of Bidders Mid County Item Carla's Transport Materials and. Redwine # UOM Descri tion Services Inc. Construction J.M. Kaufman F,nter rises C. Haulin of Materials Full Load Partial .Load Full Load Partial Load Eull Load. Partial Load Full Load. Partial Load L C Limestone $4.25 Ne otiable $ti.25 $8.75 $5.50 $8.00. $7.48 - 2. C HMAC e material $6.75 Ne otiable $6.75 $9.25 $5.50 $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 ' $8.1 R - Equipment and drivers/operators will be made available 12 hours or 1 da 2 hours - _ Hourly charge for waiting time for D. ick-u or delive $55 er/hr $60 er/hr $55 er/hr $68 er/hr 8700 bidustrial 3100 Commerce Location of haulin a ui ment Beaumont/Port Arthur Circle Port Arthur Port Arthur TX - , Shawna T urchasing Manager ~~~~[~ Date Page 2 of 2 EXHIBIT B CONTRACT FOR HAULING OF MATERIALS THIS AGREEMENT, made this 08"' day of Seiotember , 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 "CITY" and J. M. Kaufman a(n) Individual herein acting Individual, firm, partner~ip, or corporation by and through James Kaufman hereinafter called "CONTRACTOR". WITNESSETI-I: 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 contrect 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: HAULING OF MATERIALS Item Unit Cost Full Partial HMAC $ 5.50/TON $ 8.00/TON Z:\engineer\Documents\Soils and Hauling\Kaufman Hauling Contract-09.doc WAIT TIME (greater than 30 minutes) Item 30 minute wait Unit Cost $ 55.00/HR (wait time shall be paid in 15-minute increments after the first 30 minutes) 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: CONTRACTOR BY: City Manager Stephen B. Fitrgibbons Printed Name James Kaufman Printed Name Z:\engineer\Documents\Soils and Hauling\Kaufman Hauling Contract-09.doc DELORIS "BOBBIE^ PRIIVCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR ROBERT E. WII.LiAMSON D. KAY W[SE THOMAS J.HENDERSON July 6, 2009 Ciry of ,../~ gnlr\ /~ ort~rthn Texas INVITATION TO BID EXCAVATING AND HAULING OF MATERIALS TERRI HANKS CTTY SECRETARY MARK T. SOKOLOW CTTY ATTOILNEY 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 Hail, 5"' 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: CTTY OF PORT ARTHUR CTfY SECRETARY 444 4TH STREET, 4a' 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 ShawnaCa~,portarthur.net Questions concerning the Scone 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(cr~,nortarthur.net STEPHEN FITZGII3BON5 CITY MANAGER Page 1 of 15 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 RECENED 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 azrives at the above location by specified deadline regazdless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted 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 prepare 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..Wednesday, 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 awazd. 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, guazanteeing authenticity. The City reserves the right to: 1. Reject any and all bids and to make no awazd if it deems such action to be in its best interest. 2. Awazd 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. Awazd 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 determined to be lowest offer, taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. Page 3 of 15 TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders aze 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: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. 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. MINIMUM STANDARDS FOR RESPONSIIiLE PROSPECTIVE BH)DERS: 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 arrangements to pay the same. 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. 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. riuive:ireu. YLAC: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 mathemafics, 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. 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 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 cazrying 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. CONTRACT: The following will comprise the contract between the City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3. Addenda 4. GeneralInfom~ation 5. Specifications 6. Bid 7. Notice of Awazd 8. Notice to Proceed QUANTTTIES: Quantities shown aze 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 Part 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. 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 famish 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 appazent silence of these specifications as to any detail or to the appazent omission from it of a detailed description concerning any point shall be regazded as meaning that only the best commercial practices aze 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. Uader 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 Page 6 of IS 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. 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 wmpanies 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 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 perfonned 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 maybe liable, of the following types and limits Commercial General Liability oceusence 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 ger occurrence or $500,000 each person /$1,000,000 per occuaence 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 yeaz 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. z• 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 aze provided, minimum limits aze $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 wmpleted 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 Sled 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 8 of IS GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDE OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of execution. There aze two (2) additional one (1) 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 "Transportation". It will be necessary for the City to secure a letter fi-om the vendor agreeing to renew the awazd for each additional yeaz. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazazdous chemical containing products or a statement of exemption. All 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 S20 "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 chazges shall be included in bid price. City reserves the right to change 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 1S CITY OF PORT ARTHUR TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS Bidder shall provide services to the City on an AS-NEEDED basis at the rates bid. 2. 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 yard capacity nor more than 14 cubic yazd 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 Boulevazd. 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 SUBMTI°TED WITH BH). 7• Clay material from DD#Ts 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 azea. No up-chazge will be accepted for hauling to Sabine Pass 8• Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area 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 azeas along the canal bank adjacent to T. B. Ellison Pazkway from the Martin Luther King Bridge to Pleasure Pier Boulevazd, or along 25'" Street at the Motiva fresh water reservoir. Page 10 of 15 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID OPENING DATE: JULY 22.2009 PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS The undersigned City/Town of doing business in the General Instruction, Conditions, and Specifications, the fol owing p oposal for~o~ry with the OUTLINE OF BID DATA: A. ITEM # DESC_ gI_ I Fill Sand 2 60/40 3 Clay 4 Top Soil B• PICKED UP AT PLANT LOCATION: ITEM # DES_- I Fill Sand 2 60/40 3 Clay 4 Top Soil $_ 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: BID AMOUNT CY $ CY CY $ CY BID AMOUNT CY CY $~_ CY CY Page I1 of IS C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone 2 HMAC type material 3 Cement Stabilized Sand 4 Concrete Debris TON $ TON $ TON $ TON TON TON TON Equipment and drivers/operators will be made available of request for hauling services. hours or _ days after receipt D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no chazge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the fast 30 minutes of arrival at plant or . jobsite, waiting will be paid from time of arrival, the fast 30 minutes waiting time being chazged at $ /hr. and waiting time thereafter being chazged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT; The City reserves the right to awazd 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 Received COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P. O. BOX (PRINT OR TYPE NAME) CTTy TITLE AREA CODE $ TON STATE ZIP TELEPHONE NO. Page ]2 of 15 BID OPENING DATE: Jaly 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: REiVIIT PAYMENT TO• COMPANY ADDRESS CITY/STATE/ZIP SEND PURCHASE ORDER TO• COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER 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 agee 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: TITLE ADDRESS CTTY/STATE/ZIP TELEPHONE NUMBER SIGNATURE STATE COUNTY SUBSCRIBED AND SWORN to before me by the above named on this the day of 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 14 of 15 CONFLICT OF INTEREST QUESTIONNAIRE CIQ For Vendor or other person doing business with local govemmentat entity changes made to Leg., FORM This questionnaire is being filed in accordance with Chapter 176, Local Government 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). By law this questionnare must be 51ed with the records administrator of the local governmental entity not later than the 7'" busi after the date the person bewmes awaze of facts that require the statement to be filed See Section 176.006, Local Government A person wmmits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2 ^ Check thts box tf you are filing an update to a prenously filed queshonnatra (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7'" day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local a government officer wtth whom filer has employment or Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or outer business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes ~ No B. Is the filer of the questionnare receiving or likely to receive taxable income, other than investment income, from the Sler quesdonnave? Yes ~ No C. Is the filer of this questionnaire employed by a corporafion or other ^ ~'es ^ No D. Describe each employment or business relationship with the local government officer named in this section. Page 15 of 15 Gn„j ~' CITY OF PORT ARTHUR, TEXAS ~! .. ra:~ ADDENDUM NO.ONE (I) DATE: JULY 20, 2009 PUBLIC WORKS DEPARTMENT Bid Proposal For: Excavating & Hauling of Materials The following clarifications, amendments, deletions, additions, revision and/or modifications aze 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 wntract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEII2 BID. On page 10 number 5 should read as follows: Dump trucks provided by Bidder shall be at a minimum of 12 cubic yard capacity (there shall be no maximum). Notes: • Should you have any questions please feel free to contact Ross Blackketter, Public Works Director at (409)-983-8]80. 7 Shawna Tubbs, Purchasing Manager 4.. CITY OF PORT ARTHUR, TEXAS BH) PROPOSAL PAGE BID OPENING DATE: JULY 22, 2009 PROPOSAL FOR FURNISHING: EXCAVATING AND HAULING OF MATERIALS The undersigned ..-~ Vim- T~ +~'~}'J"~~- doing business in the City/Town of a.-~ ~1,: l'e rt-e submits, herewith, in conformity with the Ge/nleral Ins(truction,rConditions, and Specifications, the following proposal for L yc jw,ai ,„,.~ ' OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (includine Sabine Passl ITEM # DESCRIPTION. BID AMOUNT 5 5~ 1 Fill Sand $~~Cy 2 60/40 $ 5 o'~CY ,5 z 3 Clay $ {n-~/~~`Cy . 4 Top Soil $ ~ 3= GO CY B. PICKED UP AT PLANT LOCATION: ITEM # DESCRIPTION 1 Fill Sand 2 60/40 3 Clay 4 Top Soii BH) AMOUNT $ 3.Op CY $ 3. t7 o CY $ Z. o~ CY $ f~= oa 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: ~ w ~/ (~ q LOCATION OR SECONDARY BORROW PIT: N ~ ~ 73 Page 11 of 15 S C. HAULING OF MATERIALS 1 Limestone 2 HMAC type material 3 Cement Stabilized Sand PARTIAL LOAD $ g °- TON $~'_ TON $ ~ '` TON 4 Concrete Debris $ ~] e~ TON $ ~ O TON Equipment and drivers/operators will be made available hours or _ days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be of no chazge 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 chazged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: ~ F O C~ C o M~ e r c e ~P~. l x 776~z The City reserves the right to awazd the bid by class of work, o; 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 COMPANY NAME 'NATURE OF BIDD (PRINT OR TYPE NAME) FULL LOAD $ ~ ~d TON $ ~ ~' TON ~ TON Received _~.~o ~~ rev STREET ADDRESS ~.T /'t r/Vita-~ ~~-~ 77~P~'Z CITY STATE ZIP ~(,c9YV~~" 4th ~/~S ~-~d~ TITLE AREA CODE TELEPHONE N0. Page 12 of IS BID OPENING DATE: Julv 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: RENIIT PAYMENT TO: r COMPANY .-~ ~ ~~~TM A-~~ ADDRESS 7 ~ ~ ~ ~ ~ ~ C CITY/STATE/ZIP O~-'t t"~L~~U^ 1 -2~e4~ `~7 (~ c~ `~ SEND PURCHASE ORDEpR TO: J COMPANY ,-/ ,[>~ , `1 ~EL;~`~ yV} /tw ADDRESS _ 7 ~C7 ~~ ~. U ~ CITY/STATE/ZIP ~ ~ J-{ti 1 v~-~'"' ~~~C ~ 7~~ ~ TAX IDENTIFICATION NUMBER ~Z (~v - 7' (S ~ ~~5~ 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 undersigted 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 ageement. 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. , j NAME OF OFFEROR: ~ {~,-vu.ES' fG ~_ TITLE t~ W F~f 1~ ADDRESS ~]`ZUji-°`" (~,il L~ CITY/STATE/ZIP ' P¢?., ~- ~-e.-~~lv-- f~ ~C~d:S '~''~ c~ `Z TELEPHONE NUMBER ~/ ~/~s - ¢~ p(p SIGNATU STATE COUNTY S BSCRIBED AND SWORN to before me by the a ove n~ned Ja~~ ~~ on this the Rd day of , 20~. ~° Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ntCeon c Cotter *®* Nougi Rtlo Page 14 of 15 EfAk ~ lt]GE ~a~ ~tomnF.~.Ja1t20R CONFLICT OF INTEREST QUESTIONNAIRE FORivI CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. - This questionnaire is being filed in accordance with Chapter 176, Local Govemment Cade by a person who has a business relationship as defined by Section 176.001 (I-a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questioanaire must be filed with the records administrator of the local governmental entity not later than the T" busines after the date the person becomes awaze of facts that require the statement to be filed. See Section 176.006, Local Government Cod A person commits an offense if the person knowingly violates Section 176.006. Local Government Code. An offense under this sec 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 questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than T° day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local a government officer with whom filer Las employment or business relaflonship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questioanaue? Yes ~ No B. Is the filer of the questionnaire 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 or other ^ Yes ^ No D. Describe each employment or business relationship with the local government officer named in this section. Page IS of 15