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HomeMy WebLinkAboutPR 23144: AWARDING CONTRACTS TO VARIOUS CONTRACTORS FOR ROAD BUILDING MATERIALS City of ort rthu Titrus INTEROFFICE MEMORANDUM Date: May 11, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Wor £ RE: PR 23144—Awarding Contracts to Various Contractors for Roa uril4itig Materials Introduction: The intent of this agenda item is to seek City Council approval authorizing the City Manager to execute six-month contracts for road building materials. Background: This contract is for purchasing road building materials that the Public Works Streets Division will use to rehabilitate streets throughout the City. The Division will also use the materials in the regular maintenance of streets (e.g., pothole repairs and utility cuts). Three bidders, Martin Marietta Materials, Inc. of Beaumont, Texas; Gulf Coast, a CRH Company of Beaumont, Texas; and Vulcan Construction Materials, LLC of San Antonio,Texas, submitted bids for the Division's various needs. Four categories, Item 4, 610 Base Limestone; Item 10a, %2 Sack Incremental Increase to Base Bid; and Item 10b, %2 Sack Incremental Decrease to Base Bid, received identical bids, requiring the casting of lots to determine the lowest responsible bidders. Budget Impact: Funds are available in the Streets Maintenance Account 001-21-053-5316-00-70-000 and the Capital Improvement Fund Streets Program Account 307-21-053-8517-00-10-000, various projects. "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 Recommendation: It is recommended that City Council approve PR 23144 authorizing the City Manager to execute contracts with Martin Marietta Materials,Inc.of Beaumont,Texas;Gulf Coast,a CRH Company of Beaumont, Texas; and Vulcan Construction Materials, LLC of San Antonio, Texas, for the purchase of road building materials. P.R.No.23144 5/11/2023 LLJ Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF ROAD BUILDING MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION WITH MARTIN MARIETTA MATERIALS, INC. AND GULF COAST, A CRH COMPANY OF BEAUMONT, TEXAS, AND VULCAN CONSTRUCTION MATERIALS, LLC. OF SAN ANTONIO, TEXAS, WITH A PROJECTED BUDGETARY IMPACT OF $1,000,000. BUDGETED FUNDS ARE AVAILABLE IN THE STREET MAINTENANCE ACCOUNT 001-21-053-5316-00-70-000 AND THE CAPITAL IMPROVEMENT FUND STREETS PROGRAM ACCOUNT 307-21-053-8517-00-10-000,VARIOUS PROJECTS. WHEREAS,the City requires materials to repair and rehabilitate its roadways; and, WHEREAS, the contract to purchase road building materials was advertised in the Port Arthur News on March 25, 2023, and April 1, 2023 (attached as Exhibit A); and, WHEREAS, three (3) vendors, Martin Marietta Materials, Inc. and Gulf Coast, a CRH Company, both of Beaumont, Texas, and Vulcan Construction Materials, LLC of San Antonio, Texas, submitted bids by the April 14, 2023,bid opening date for the unit prices shown in the bid tabulation(attached as Exhibit B); and, WHEREAS,the City received identical bids for Item 4, 610 Base Limestone; Item 10a, %2 sack incremental increase to base bid;and Item 10b, %2 sack incremental decrease to base bid;and, WHEREAS, Section 271.901(b)and(c)of the Texas Local Government Code states: (b) If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots. (c) The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be 1 P.R. No.23144 5/11/2023 LLJ Page 2 of 4 conducted in the presence of the governing body of the municipality or district. All qualified bidders or their legal representatives may be present at the casting of lots. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and. THAT, in the presence of the governing body, and in a manner prescribed by the Mayor, lots were cast and was selected as the lowest and most responsible bidder(first choice),rendering as the alternative choice for Bid Item 4, 610 Base Limestone; and, THAT, in the presence of the governing body. and in a manner prescribed by the Mayor, lots were cast and was selected as the lowest and most responsible bidder(first choice),rendering as the alternative choice for Bid Item 10a, '/z sack incremental increase to base bid; and, THAT, in the presence of the governing body, and in a manner prescribed by the Mayor, lots were cast and was selected as the lowest and most responsible bidder(first choice),rendering as the alternative choice for Bid Item 10b, 1/2 sack incremental decrease to base bid; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute six-month contracts, with the option to renew for six additional months between the City of Port Arthur and Martin Marietta Materials, Inc., Gulf Coast, a CRH Company, and Vulcan Construction Materials, LLC for the unit prices shown in the bid tabulation (Exhibit B), in the lowest and most responsible bids table (Exhibit C), and as shown in the individual contracts attached as Exhibits D, E, and F; and, P.R. No.23144 5/11/2023 LLJ Page 3 of 4 THAT,the City of Port Arthur can terminate any of these contracts at its convenience with thirty days' written notice; and, THAT, funding for these materials is provided in the street maintenance account and capital improvement funds; and. THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED 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: Thuriiian Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary P.R.No.23144 5/11/2023 LLJ Page 4 of 4 APPROVED AS TO FORM: 24z11eno, sq. City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager )4,/// f400 . F ► e le Roberts, , ng, MBA (-- � i Director Public s APPROVED AS TO AVAILABILITY OF FUNDS: d 0c\. Kandy Daniel tY Director of Finance 4n61(da (-62a c1 bQ�G:� 66>CWilliams, gr-/(611 -PB Purchasing Manager P.R. No.23144 Exhibit A (Bid Advertisement) 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 77641 no later than 3:00 p.m., Wednesday, April 12 2023 and all Bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, April 12, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur,Texas for certain services briefly described as: 1. ROAD BUILDING MATERIALS 2. CONCRETE BUILDING MATERIALS 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 retrieved from the City's website at https://www.portarthurtx.gov/bids.aspx 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 shall not award a contract to a company that is in arrears in its obligations to the City. Clian Williams, CPPB Purchasing Manager FIRST PUBLICATION: MARCH 25, 2023 SECOND PUBLICATION: APRIL 1, 2023 • • CITY OF PORT ARTHUR" Request for Bid Road Building Materials March 25, 2023 April 1, 2023 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 77641 no I later than 3:00 p.m.,Wednesday,April 12 2023 and all Bids received wilt thereafter be opened and read aloud at 3:15 P.M.,on Wednesday,April 12,2023 in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.CONCRETE BUILDING MATERIALS 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 j 40 Street,City of Port Arthur,and are open for public inspection without charge:They can also be retrieved from the City's website at https://www.portarthurtx.gov/bids.aspx or www`pubiicpurchase. 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 shall not award a contract to a company that is in arrears in its obligations to the City. • CIt iF#rSn Willt ms Purchasing Manager 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 Hal1444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,April 12 2023 and all Bids received will thereafter be.opened and • read aloud'at 3:15 P.M.,on Wednesday,April 12,2023 in the City Council Chambers, 5th Floor, iCity Hail,Port Arthur,Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.CONCRETE BUILDING MATERIALS } • 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 retrieved from the City's website at https:/twww.portarthurtx.gov/bids.aspx or www.publicpurchase. corn. The City of Port-Arthur reserves the right to reject any and all bids and to waive informalities. " I Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract id a company that is in arrears in its obligations to the City. • L{/ 44. Clifton Williams,CPPB Purchasing Manager • P.R. No.23144 Exhibit B (Bid Tabulation) Y o 1 °.' < < < C U < < < < < < < 3 Z Z Zeq vl � Z Z z Z z z z 0 < < < o 1 < < < < < < < pi Z Z z 0 U z Z z Z z Z Z as d IF ¢ < < c Uesi Q < < < < < < .4z z z = z z z z z z z 00 f�-' 00 M M u 00 g 00 0 3• Z Z Z 40 Z , � 6 "� > 690 EA 64 69 69 = i. O ?id w O C O p 0 0 CD .� O O p < Q Q C 0 Q U O U .� co U 'C a �. �. �. 6 > Z 64 69 0 69 69 U C O H ' co spy co n' < y<y < U Oesi U Q M M ��jj'' o �Or O U C Z F+ Zi 6a9 > 6a9 7 �-" so 0 as 0 4so 9 /-r as O cA v 69 , 69 , 0 CI j2 gx p M 'O ` o o o:Igc. gco ogVpp 0 0 C o C g YV ^ CMW p © Co p • 6.) gp N ^' N ' l� ^ N ^ Mw O nf. CM .gOOw . 69Q 70 I. 69 > 4 69 4 > 90 N O 69 690 a "d C = 6R, 70 g p c`d O U o 0 o o U o c V ++ C O � O U O w 0 iY o 0ori w •cad Ute cis S Aw 6644 > 6699 > 69 0 ti 6 •.g 69 C7 � � 0 69 C7 6M9 o a 69 a sO 0 ` p •CS Ca 0 0 0 g O `cI 0 O M �° M " 0 0 p 00 0 () O O O O o U 00 •[ O 69 > 69 > 69 .3 4' V) > 690 64 0 64 0 69 C7 6Z9 F. 0 0 0 0 0 0 0 0 0o O E. F F F. F. F I-. F - _ b .. o U o 0 4) 0aaxF x 4) O y •g .4 0 g •�N'el o o Ur c7... \',,;,, i --.' ."' 1.4 V ‘C:4 el g = a� Z >. O U Q 0 «° U Cc. a�to La. any p7 aF P. O h ft F < F < r a o FUx < x ..aU C4 U e.)- * es ,� N M 7 v'i �O l� 00 O� co o oz z z z 03 9 C o C Q -< Q Q t. a 'z z z z ca L Fti d Q ¢ d oz z z z o o z z z 3 L o 'O G d O Q Q Q R a z z z 9 C O u v v) v ^C u Q Q Q m s z z z F ar a 0 x ca R. Q a . M z z z a o .r F ^• o h 4 a O I4 o O R CSC ai E- oQ < < U a t- R z z z E °" 4 d — Q Q Q z z z o 0 CA 0 0 0 0 C H H H H 0 U °: 0 0 D 0 a 0r _ R C,- C C C. U C 7] 4] E E E o 4 c c U U �A , o- .c E u as •, "0 `a 1 et.)'. ti qt 0 F+ .r P.R.No.23144 Exhibit D (PURCHASING CONTRACT AGREEMENT) P.R. No.23144 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2023, by and between an individual, firm partnership or corporation, Martin Marietta Materials, Inc., of Beaumont, Texas, hereinafter called "Contractor", 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. The term of this Contract shall be for six months, with an option to renew for six additional months, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. 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. 2. The Vendor will provide the approved road building materials as delineated and submitted in their bid on April 14, 2023. 3. 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: Item Primary Vendor Secondary Vendor Description UOM Stockpile Plant Worksite Stockpile Plant Worksite 3 Limestone Ton $54.00 $48.00 $55.00 N/A N/A N/A 8 Romayor Sand Ton N/A N/A N/A $61.00 $55.00 $67.00 Cement Stabilized Sand 9 (Base Bid) Ton $46.00 $38.00 $47.00 N/A N/A N/A V2 sack incremental l0a increase to base bid Ton '/z sack incremental 10b decrease to base bid Ton 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: P.R. No.23144 (A)Agreement (B)Specifications (C)General Information (D)Bid (E) Notice of Award (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 to on the day of , 2023. WITNESS: CONTRACTOR: Martin Marietta Materials, Inc. SIGNED AND AGREED to on the day of , 2023. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR J„ RONALD BURTON INGRID HOLMES.,MAYOR PRO TEM Citt of • CITY MANAGER COUNCIL MEMBERS: / SHERRI BELLARD,TRMC DONALD FRANK,SR. CITY SECRETARY CAL JONES or! r t h u r THOMAS KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY CHARLOTTE MOSES March 29,2023 INVITATION TO BID ROAD BUILDING MATERIALS 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: P23-036 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.wil liams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (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 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 %.. 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt (QA/QC)." 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp:;iftp.dot.state.tx.us/pub/txdot-info/des/spec-book-I114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: April 12,2023 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ _/ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $54.00/ton $48.00 /ton $55.00/ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand. $61.00 /ton $55.00 /ton $67.00/ton 9. Cement Stabilized Sand (Base Bid) $46.00/ton $38.00 /ton $47.00 /ton 10. A. '/2 sack incremental increase to base bid $ 6.00/ton $ 6.00 /ion $ 6.00 /ton B. '/2 sack incremental decrease to base bid $ 6.00/ton $ 6.00 /ton $ 6.00 /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ lion 4 - I1t-D3 igna re Date Page 8 of 20 CITY OF PORT ARTI[UR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13, Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: 2190 South Gulfway Drive, Port Arthur *For delivered material a fuel surcharge will be implemented based on the pricing index produced by the Department of Energy, Gulf Coast Region, (see attached table) until fuel prices recede below$3.75 per gallon. Martin Marietta Materials, Inc. 5675 Fannett Road COMP NAME STREET ADDRESS GNA OF BIDDER P.O,BOX Bill Kelley Beaumont, TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sales Representative 409-835-4933 TITLE _m AREA CODE TELEPHONE NO. william.kelley@martinmarietta.com EMAIL FAX NO, Page 9 of 20 Martin Quotation N4arietta Fuel Surcharge Details: • Fuel Surcharge%will be calculated and billed based on Fuel Price at the time of shipping. https://www.eia.govi Current Fuel Fuel Price Surcharge% $4.70 15.00 From Fuel To Fuel Fuel Fuel Type Price Pnce Surcharge';, Gulf Coast(PADD3-D)-Diesel $0.01 $3.25 .00 GUIWCoast(PADD3431-Diesel $3.25 $3.35 tfl0 Gulf Coast(PADD3-D)-Diesel $3.36 $3.45 2.00 Gulf Coast( ADD3-14-Diesel $3,46 S3.55 3,00 Gulf Coast(PADD3-D)-Diesel $3.56 $3.65 4.00 Gulf Coast(PADD3-D)-Diesel S166 S3>75 S00, Gulf Coast(PADD3-0)-Diesel $3.76 $3.85 6.00 Gulf Coast(PADG3-D).-Diesel $3.86 53.95 7.00 Gulf Coast(PADD3-D)-Diesel $3.96 $4.05 8.00 Gulf Ccast(PADD3.0)-Dlesel $4.06 $4.15 9.00 Gulf Coast(PADD3-D)-Diesel $4.16 $4.25 10.00 Gulf Coast(PADD3 D).-Dies ; $4.26 $4.35 11.00 Gulf Coast(PADD3-D)-Diesel $4.36 $4.45 12.00 Gulf Coast(PADD3-D)-Diesel S4.46 S4.55 13.00 Gulf Coast(PADD3-D)-Diesel $4.56 $4.65 14.00 Gulf Caast(FADD3-0)-Diesel. $4.66 $4.75 15 Gulf Coast(PADD3-D)-Diesel $4.76 $4.85 16.00 Gulf Caast(PADD3-D1-Diesel $486 $4.95 17.00 Gulf Coast(PADD3-D)-Diesel $4.96 $5.05 18.00 Gulf Coast(PADD3-M-Diesel S5.08 $5 f5 t9.00 Gulf Coast(PADD3-D)-Diesel $5.16 $5.25 20.00 Guif Coest(FADE/3-D)-Diesel $5.26 55.35 2 ,00 Gulf Coast(PADD3-D)-Diesel $5.36 $5.45 22.00 Gulf Coast(PAD03-31-Diesel $5.46 $5.55 23:00 Gulf Coast(PADD3-D)-Diesel $5.56 $5.65 24.00 Gulf Coest(PAD03-0)-Dfesel $5.66 $5.75 2500 Gulf Coast(PADD3-D)-Diesel $5.76 $5.85 26.00 Page 3 of 4 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15,01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: gill Kelley Title: Sales Representative Company: Martin Marietta Materials, Inc. Date: 4/14/2023 SUBSCRIBED and swor to before me by the above named Eli kp// on this the PP- day of ,� / , 20 013 . U - - JAL JAdiA-/ AMIDORN Notary Public in and for the My Notary ID#128667860 State of Texas ..•iil Expires JWy 7,2023 J ' r - My commission expires: 7/ aoa3 Page 10 of 20 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. Martin Marietta Materials, Inc. 4/14/2023 Firm Name Date Sales Representative A hori ed gnature Title Bill Kelley 409-658-7791 Name(please print) Telephone william.kelleyc martinmarietta.com Email STATE: (po COUNTY:Je-f-C&) SUBSCRIBED AND SWORN to before me by he above named II kej on this the 4' day ./ .......... S�" °`OCE;, AMI DORN IMP (Pl,4 J -) 4 My Notary ID#128667860 Notary Public ';�aF i�+'' Expires July 7,2023 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 NOT APPLICABLE 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 roes a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 178.006(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'hat require the statement to be filed, See Section 176,008(a-1), Local Government Code. A vendor commits an offense If the vendor knowingly violates Section 178.006,Local Government Code,An offense under this section Is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. t 1 Check this box if you are filing an update to a previously filed questionnaire,(The law requires that you the 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 CIQ 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? ri 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 kcal governmental entity? Yes No .ii Describe each employment or business relationship that the vendor named in Section.'maintains with a corporation or other business entity with respect to which the local government officer series as an officer or director,or holds an ownership interest of one percent or more, 1-11 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 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 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file 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 13 of 20 House Bill 89 Verification I, Bill Kelley (Person name), the undersigned representative (hereafter referred to as "Representative") of Martin Marietta Materials, 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. S NAT E REPRESENTATIVE SUBSCRIBE AND SWORN TO BEFORE ME, the undersigned authority, on this 1 0- day of (Apei , 20. 3 `•"'........ AMI DORN + My Notary ID#128607860 Expires July 7,2023 nknNA k - -_ Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, Bill Kelley ,the undersigned an representative of Martin Marietta Materials, 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 Type text Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Bill Kelley Name Company Representative(Print) d'"'� ignatur.Hof Company Representative 4/14/2023 Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. Page 17 of 20 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. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R.No.23144 Exhibit C (LOWEST AND MOST RESPONSIBLE BIDDERS) O ,O co J 0, VI A W 1.: 0 c....3 S W o ° w N 7 °r rn 619 0 rn z 0 ftItU ao -dvo -oo ° a p tin 0 m ra w cr ° C� o x _r co co co C7 co G7 E. 3 Q3 a F. � ° 9 a CD a ` 0 Cl. m CD .0.. W X O W ; co 0. 5• 0 w e 9 -� C9 i b r a n• 9 coo CD 0 0 w 0 Co x et 5] r) - c a a co o a — — — -3 -3 -- — 3 -3 p s. 4 412 QEA c EA a s9 C) ' < sue sA a w? < < ss> o .• � O, E. O -.y w '•*: IV = IVY.l 'O A '+. = iv ° is.) T • O H' 0:, r7 N r7 v H N , o r7 N O 00 O ..° -p w ° O 0 o woo0 cO ° o o o oo co A w < 69 O a Aw o lii Cbs fsww7 .. 0 0 0 0 0 o 0 0 o ° oo o = o ,, m .< a'. 0. 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No.23144 Exhibit E (PURCHASING CONTRACT AGREEMENT) P.R. No. 23144 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2023, by and between an individual, firm partnership or corporation, Vulcan Construction Materials, LLC, of San Antonio, Texas, hereinafter called "Contractor", 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. The term of this Contract shall be for six months, with an option to renew for six additional months, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. 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. 2. The Vendor will provide the approved road building materials as delineated and submitted in their bid on April 14, 2023. 3. 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: Item Primary Vendor Secondary Vendor # Description UOM Stockpile Plant Worksite Stockpile Plant Worksite Type 'PE' Grade 3 la Precoated Aggregate Ton $129.36 $36.00 129.36 N/A N/A N/A Type 'PE' Grade 4 lb Precoated Aggregate Ton $128.36 35.00 $128.36 N/A N/A N/A 3 Limestone Ton N/A N/A N/A $57.00 $50.00 $57.00 4 610 Base Limestone Ton $57.00 $57.00 N/A N/A N/A Hot-mix Cold Laid Type `D' Asphaltic 6 Concrete Pavement Ton N/A $70.00 N/A $163.36 N/A $163.36 High Performance Hotmix Cold Laid Type"D"Asphaltic 7 Concrete Ton N/A $105.00 N/A $198.36 N/A $198.36 P.R. No.23144 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B) Specifications (C)General Information (D)Bid (E) Notice of Award (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 to on the day of , 2023. WITNESS: CONTRACTOR: Vulcan Construction Materials, LLC SIGNED AND AGREED to on the day of , 2023. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager f/ THURMAN BILL BARTIE,MAYOR _': RONALD BURTON INGRID HOLMES.,MAYOR PRO TEM City of — CITY MANAGER COUNCIL MEMBERS: : i� SHERRI BELLARD,TRMC DONALD FRANK,SR. _ CITY SECRETARY CAL JONES o r t r t h ti r THOMAS KINLAW III VAL TIZENO KENNETH MARKS le.cuA CITY ATTORNEY CHARLOTTE MOSES March 29, 2023 INVITATION TO BID ROAD BUILDING MATERIALS 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: P23-036 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 writin,c to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.wil l iam sna,portarthurtx.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 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (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 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A.Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. Y2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: 'Y2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed. without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftn.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: April 12, 2023 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ t2.4.36/ton $ 3(o /ton $119.36/ton B. Type "PE"Grade 4 Precoated Aggregate $izb.a6/ton $ 35 /ton $k28.3b/ton 2. Blackbase $ N 8 /ton $ la /ton $ N4 /ton 3. Limestone $ 57 /ton $ 50 /ton $ 57 /ton 4. 610 Base Limestone $ 57 /ton $ 50 /ton $ 57 /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ N 6 /ton $ N 6 /ton $ 6 /ton 7X Dolt 1-enr,33p D PWS Co►a,ni X 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $l63.3b/ton $ 10 /ton $163.36/ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $i05 /ton $ I*.36/ton Pavement 8. Romayor Sand $ 145 /ton $ I$ /ton $ N 8 /ton 9. Cement Stabilized Sand (Base Bid) $ NO /ton $ N6 /ton $ N6 /ton 10. A. 1/2 sack incremental increase to base bid $ N 6 /ton $ We /ton $ N e /ton B. % sack incremental decrease to base bid $ N3 /ton $ iton $ N 6 /ton 11. Concrete Rubble, 0"-8" size mixed $ N a /ton $ NO /ton $ N 6 /ton /rO4Or NI5 /a0,23 Sign ure Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ ia /ton $ N15 /ton $ N g /ton 13. Grade 4 Commercial Rock $ N 13 /ton $ N e /ton $ N /ton 14. 5/8"Limestone Aggregate $ id /ton $ t V 8 /ton $ $ /ton Location of stockpile, plant or shipping point: IA 12 I to `7—(..boNs.re Y-)V\latd e 3 - ���.���" / N - Per+ Ar -s - VLtk Co 4.4`•^ nAttrkts , CLG )0) of Ile 0•� P I, Cie 500 S••► fi^T 7'�C COMPANY NAME STREET ADDRESS n s,2l(, Po soA ril 155 0 SI ATURE Ol' IDDER P.O.BOX ¶ Ltr- 544 �..-f�R�. , 15 7Z279 PRT OR TYPE NAME CITY STATE ZIP Aotki .2(0 f‘h 640 TITLE AREA CODE TELEPHONE NO. fvvc 0'14 ,Garn o -5 a4 � ati 3555 EMAIL FAX NO. Page 9 of 20 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: 4re— '476-q Printed Name: .7-3 L S (i5 Title: A Act Company: U Co Str+• � 'I{"c,, C(r LL�{Grt..� � •+ / a Date: c.( /G /026o23 SUBSCRIBED and sworn to before me by the above named 5i-14 ,r S on this the 6 day of 1� , 20 'J,�i . (� Notary Public in and for the State of Texas �,aY➢., TAYLOR WITTEN My commission expires: 17.1 r?,I I.M.10 4.,c".),1„:10i Notary Public.State of TexasComm.Expires 12-02-2025 t-4 `` Notary ID 133471642 Page 10 of 20 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: l'Je 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. / U CAL (o y,, 1-r14,4/0"` �c e,v46 V Z `j y/5/a o a 3 Firm Name Date Date 44.4 Auth zed Signature Title te-r te.5 — 966 - DY11 Nam (please print) Telephone v .CO Emai * TAYLOR WITTEN 8=Notary Public. STATE: U°:.�` ;N rvState of Texas .,. i Comm.Expires 12-02-2025 COUNTY: t3 �, a. ,` l '��rrnia` Notary ID 133471842 SUBSCRIBED AND SWORN to before me by the above named TT Pk - 'i "f ( on this the day of r'il,J , 20 '4� . Notary ublic RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 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, 34th Lag., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.008(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. 11 Name of vendor who has a business relationship with local governmental entity. C�^i4mMtft /tater:4rs, C Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Li Name of local government officer about whom the information is being disclosed. MnG 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 CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. riCheck 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 y/5/a4a3 Signature o dor doing business wi the governmental entity Date Form provided by Texas Ethics Commission www.ethlcs.state.tx.us Revised 11/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code 4176.001(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,slate,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 4 176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor it (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a lamily 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 13 of 20 House Bill 89 Verification 'r s�I, (Person name), the undersigned representative (hereafter referred to as "Representative") of CevN Co'v5frvh' /1-414 -t f; Li C (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. SIGN URE OF REPR SENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 'j day of Ay r f.1 , 20 lb*. TAYLOR WITTEN 3r0.• -,o Notary Public,State of Texas `f ..",;' Comm.Expires 12-02-2025 ' ,°,;, ,`" Notary ID 133471642 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION / , SJ the undersigned an representative of 1J 4c t'l Co1.51 c-1/ i 'i '#`1 fs GG C (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 756.r- 5-- ir Name of Company Representative (Print) Sig tore of Comp- y Representative Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMMINOLOGY: "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 fonns.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a maimer 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 en-or 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.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the-Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.mn. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R.No.23144 Exhibit F (PURCHASING CONTRACT AGREEMENT) P.R. No.23144 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2023, by and between an individual, firm partnership or corporation, Gulf Coast, A CRH Company, of Beaumont, Texas, hereinafter called "Contractor", 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. The term of this Contract shall be for six months, with an option to renew for six additional months, from the date stated on the Notice to Proceed unless sooner terminated under the provision hereof. 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. 2. The Vendor will provide the approved road building materials as delineated and submitted in their bid on April 14, 2023. 3. 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: Item Primary Vendor Secondary Vendor Tertiary Vendor # Description UOM Stockpile Plant Worksite Stockpile Plant Worksite Stockpile Plant Worksite 2 Blackbase Ton $112.00 100.00 112.00 N/A N/A N/A N/A N/A N/A 3 Limestone Ton N/A N/A N/A N/A N/A N/A $72.00 $60.00 $72.00 610 Base 4 Limestone Ton N/A N/A $62.00 $62.00 N/A N/A N/A Type"D" Hotmix Asphaltic $110.0 5 Concrete PVT Ton $122.00 0 $122.00 N/A N/A N/A N/A N/A N/A Hot-mix Cold Laid Type 'D' Asphaltic Concrete 6 Pavement Ton $127.00 N/A $127.00 N/A $1 1 5.00 N/A N/A N/A N/A High 7 Performance Ton $132.00 N/A $132.00 N/A $120.00 N/A N/A N/A N/A P.R. No.23144 Item Primary Vendor Secondary Vendor Tertiary Vendor # Description UOM Stockpile Plant Worksite Stockpile Plant Worksite Stockpile Plant Worksite Hotmix Cold Laid Type "D"Asphaltic Concrete Romayer 8 Sand Ton $30.00 $18.00 $30.00 N/A N/A N/A N/A N/A N/A Cement Stabilized Sand 9 (Base Bid) Ton N/A N/A N/A $52.00 $40.00 $52.00 N/A N/A N/A '/z sack incremental increase to 10a base bid Ton N/A N/A N/A '/z sack incremental decrease to 10b base bid Ton N/A N/A N/A 4. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 5. The term "Contract Documents" means and includes the following: (A)Agreement (B)Specifications (C)General Information (D)Bid (E) Notice of Award (F) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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. P.R. No. 23144 SIGNED AND AGREED to on the day of , 2023. WITNESS: CONTRACTOR: Gulf Coast, a CRH Company SIGNED AND AGREED to on the day of , 2023. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager [I', 7 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES.,MAYOR PRO TEM Cin of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC DONALD FRANK,SR. n r J r t It a CITY SECRETARY CAL JONES THOMAS KINLAW III VAL TIZENO KENNETH MARKS �` ` '' CITY ATTORNEY CHARLOTTE MOSES March 29,2023 INVITATION TO BID ROAD BUILDING MATERIALS 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: P23-036 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 writint;to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (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 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. ''/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dotstate.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: April 12, 2023 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ N/A /ton $ N/A /ton $ N/A /ton B. Type"PE"Grade 4 Precoated N/A Aggregate $ /ton $ N/A /ton $ N/A /ton 2. Blackbase $ 112.00ton $ 100.0}on $117 0Oton 3. Limestone $ 72.001ton $60.00/ton $72 nn/ton 4. 610 Base Limestone $62.00/ton $50.00 /ton $ 62.00/ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ 122.0Qon $110.0Qton $122.00ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ 127.0I}on $115.Ogton $ 127.O0ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $132.0Qton $ 120.00ton $ 132.00ton Pavement 8. Romayor Sand $ 30.00/ton $ 18.00/ton $30.00/ton 9. Cement Stabilized Sand (Base Bid) $ 52.00/ton $ 40.00/ton $ 52.00/ton 10. A. %2 sack incremental increase to base bid $ 6.00 /ton $ s on /ton $ 6.00 /ton B. Y2 sack incremental decrease to base bid $ 6.00 /ton $ 6.00 /ton $ 6.00/ton 11. Concrete Rubble, 0"-8"size mixed $ N/A /ton $ N/A /ton $ N/A /ton ./( April 11, 2023 Signature Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ N/A /ton $N/A /ton $ N/A /ton 13. Grade 4 Commercial Rock $ N/A /ton $ N/A /ton $ N/A /ton 14. 5/8"Limestone Aggregate $N/A /ton $ N/A /ton $ N/A /ton Location of stockpile,plant or shipping point: Gulf Coast a CRH Company 12907 US Highway 90 COMPANY AME STREET ADDRESS P.O. Box 20779 SIGNATURE OF BIDDER P.O. BOX Scott Blanchard Beaumont Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Assistant Secretary 409-866-1444 TITLE AREA CODE TELEPHONE NO. soott.blanchard@gc-texas.com N/A EMAIL FAX NO. Page 9 of 20 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: / ('f Printed Name: Scott Blanchard Title: Assistant Secretary Company: Gulf Coast a CRH Company Date: April 11, 2023 9 7 SUBSCRI: ,� and swor to be re me b e above named .1Z1 /�l/� `• C'L4on this the 0 day of , -/\t?CL 20 . PAULA NARR15 Notary Public in and for the State of Texas Notary ID#1179575 My Commission Expires �/ May 9, 2025 My commission expires: ` � !.� Page 10 of 20 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: L/ 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. Gulf Coast a CRH Company April 11, 2023 Firm Na a Date e./( Assistant Secretary Authorized Signature Title Scott Blanchard 409-866-1444 Name (please print) Telephone scott.blanchard@gc-texas.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Scott Blanchard on this the 11 they • April /p- 3 , e\ PAU4A HARRIS J' • Notary ID#1179575 •v1 - My Commission Expires � May 9, 2025 otary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Fo vendor doing business with local governmental entity This quest•nnalre reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This queshonn. re is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business riationship as deRned by Section 176.001(1-a)with a local governmental entity and the vendor meets regt. ements under Section 176.006(a). By law this question- e must be filed with the records administrator of the local governmental entity not later than the 7th business •- after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176..' (a-1),Local Government Code. A vendor commits an offens: 'f the vendor knowingly violates Section 176.006, Local Government Code An offense under this section is a isdemeanor J Name of vendor who has: • siness relationship with local governmental entity. N/A Check this box if you are fill •an update to a previously filed questionnaire.!The law requires that you file an updated completed questionnaire with t appropriate filing authority not later than the 7th business day after the date on which you became aware that the origi -11y filed questionnaire was incomplete or inaccurate.) .2.1 Name of local government officer about •om the information is being disclosed. me of Officer .J Describe each employment or other business rela••nship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Als•describe any family relationship with the local government officer. Complete subparts A and B for each employment or bu- ess relationship described. Attach additional pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of th= officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes a No B Is the vendor receiving or likely to receive taxable income,other than •vestment income,from or at the direction of the local government officer or a family member of the officer AND the able Income is not received from the local governmental entity? n Yes No J Describe each employment or business relationship that the vendor named in Section 1 maint s with a corporation or other business entity with respect to which the local government officer serves as an officer • director,or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or' ore gifts as described in Sec 176.003(a)(2) . excluding gifts described in Section 176.003(a-t). J April 11, 2023 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 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www,statutes.legis.state.tx.us/ Docs/LG/htm/LG:176.htm.For easy reference,below are some of the sections cited-on this form. Local Government Code f)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 1,2-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 locale governmental entity is considering entering into a contract with the. vendor (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code f)178.006(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 13 of 20 House Bill 89 Verification I Scott Blanchard (Person name), the undersigned representative (hereafter referred to as "Representative") of Gulf Coast a CRH Company (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. /7J- 4 SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 11th day of April 20 23 . / i. b Notary Public ,r _ -���% PAO�NARRIS �i Notary I0 q/17957 'i. �� 5, my Commass1 5 Qr t '� on Expires 'NaY 9, 225 Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I Scott Blanchard ,the undersigned an representative of Gulf Coast a CRH Company (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. Scott Blanchard Name of Company Representative (Print) i4/ Signature of Company Representative April 11, 2023 Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works,P.O. Box 1089, Port Arthur, Texas 77641. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 Cm of r ' CITY OF PORT ARTHUR,TEXAS ,err ��� ADDENDUM NO. ONE (1) ferns April 5, 2023 BID FOR: ROAD BUILDING MATERIALS 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. C 1 HUI Williams, CPPB Purchasin Manager ./( 4/13/282 3 Signature of Proposer Date