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HomeMy WebLinkAboutPR 23458: AWARDING CONTRACTS FOR CONCRETE BUILDING MATERIALS ill Cary of nrt rthu�� Tesus INTEROFFICE MEMORANDUM Date: December 27, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Works RE: PR 23458—Awarding Contracts for Concrete Building Materials Introduction: This agenda item seeks City Council's approval authorizing the City Manager to execute one- year contracts for concrete building materials for the Streets Division. Background: The one-year contracts are for purchasing concrete building materials — ready mix gravel that the Public Works Streets Division will use to repair streets, sidewalks, curbs, and other facilities throughout the City. Two bidders, Martin Marietta Materials, Inc. and Modern Concrete & Materials of Beaumont, Texas, submitted bids for the Division's concrete needs. The winning bids are as follows: Primary Vendor Secondary Vendor Item Description Unit Price Unit Price Unit Price Unit Price No. Picked Up at Picked Up Delivered Plant Delivered at Plant 1 a 2 sk. Ready-mix $167.00/CY $163.00/CY gravel concrete Martin Martin (Base Bid) Marietta Marietta N/A N/A Materials, Inc. Materials, Inc. 1 b 5 sk. Ready-mix $145.00/CY $125.00/CY $197.00/CY $193.00/CY gravel concrete Martin Martin (Base Bid) Marietta Marietta "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 Primary Vendor Secondary Vendor Item Unit Price Description Unit Price Unit Price Unit Price No. Delivered Picked Up at Delivered Picked Up Plant at Plant Modern Modern Materials, Materials, Concrete & Concrete& Inc. Inc. Materials Materials 1 c 7 sk. Ready-mix $165.00/CY $145.00/CY $217.00/CY $213.00/CY gravel concrete Modern Modern Martin Martin (Base Bid) Concrete & Concrete& Marietta Marietta Materials Materials Materials, Materials, Inc. Inc. The awarding of items 2a, 1/2 sk. incremental increase to base bid, and 2b, 1/2 sk. incremental decrease to base bid, will conincide with items 1 a, lb, and 1 c above. Budget Impact: Funds for the not-to-exceed amount of$250,000.00 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. Recommendation: The City Council is recommended to approve PR 23458 authorizing the City Manager to execute a contract with Martin Marietta Materials, Inc. and Modern Concrete&Materials of Beaumont, Texas, to purchase concrete building materials—ready mix gravel. P.R. No.23458 12/27/2023 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF ONE-YEAR CONTRACTS FOR THE PURCHASE OF CONCRETE BUILDING MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION WITH MARTIN MARIETTA MATERIALS, INC. AND MODERN CONCRETE & MATERIALS OF BEAUMONT, TEXAS, WITH A PROJECTED BUDGETARY IMPACT OF $250,000.00. 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, sidewalks, and other facilities; and, WHEREAS, the contract to purchase road building materials was advertised in the Port Arthur News on November 11, 2023, and November 18, 2023 (attached as Exhibit A); and, WHEREAS, two (2) vendors, Martin Marietta Materials, Inc. and Modern Concrete & Materials of Beaumont, Texas, submitted bids by the December 6, 2023, bid opening date for the unit prices shown in the bid tabulation(attached as Exhibit B); 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, the City Manager of the City of Port Arthur is hereby authorized and directed to execute one-year contracts between the City of Port Arthur and Martin Marietta Materials, Inc., of Beaumont, Texas, and Modern Concrete & Materials of Beaumont, Texas, for the unit prices shown in the bid tabulation(Exhibit B and as shown in the individual contracts attached as Exhibits C and D); and, P.R.No.23458 12/27/2023 FCR Page 2 of 3 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 January 2024,at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: Thurman Bill Bathe Mayor ATTEST: Sherri Bellard, TRMC City Secretary P.R.No.23458 12/27/2023 FCR Page 3 of 3 APPROVED AS TO FORM: GiC O J el alecia Tiz o, Esq. q City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager /�/� 1b. -4" ozelle ' Roberts I MEng, MBA, CPM Direct., • Public . or Is APPROVED AS TO AVAILABILITY OF FUNDS: r -2- Lynda oswell Director of Finance (),,t& Libio,, Clifton E. Williams, Jr., CPPB Purchasing Manager P.R. No.23458 Exhibit A (Bid Advertisement) � o N N � � � � o g A, Cr v C� (7 AD g __ _ ,. J c!i [J -, B „ a 7 7O 7O //,.; ,t� aa CD a a \� o a. CD c CI, 'o' CDCD . 0 co• ? 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A� O, :' Cs7 O O O O O n' IN v N n - O O O b A y O O � � . . - r 9 E cr oo et N a o, cA o w EA EA c: till ui O, A n 3 faD O O to y, a 2_, E ©o , O O O O a' ►C• K a ; c AD r, M A y - CA A N "O ^+ k CA R� "0 O O O O o c* n' ,r - O O tG R7 et et n n a Cb -• et a P.R.No.23458 Exhibit B (Bid Tabulation) CITY OF PORT ARTHUR Request for Bids Concrete Building Materials November 11, 2023 November 18, 2023 PUBLIC NOTICE 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,December 6,2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,December 6,2023 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 3.ASPHALT,OIL&EMULSION 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 www.portarthurtx.gov/bids.asox or www•publicpurchase.com. 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. • PUBLIC NOTICE 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,December 6,2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,December 6,2023 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 3.ASPHALT,OIL&EMULSION 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 www.nortarthurtx.gov/bids.asox or www,publicpurchase.com. 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. Clifton Williams,CPPB Purchasing Manager P.R. No.23458 Exhibit C (Purchasing Contract Agreement—Martin Marietta Materials, Inc.) P.R. No.23458 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2024, 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 one year 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 is 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 December 6, 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: Primary Vendor Secondary Vendor Item # Description UOM Unit Price Unit Price Unit Price Picked Up at Unit Price Picked Up at Delivered Plant Delivered Plant 2 sk. Ready-mix gravel concrete 1a (base bid) CY $167.00 $163.00 N/A N/A 5 sk. Ready-mix gravel concrete 1b (base bid) CY N/A N/A $197.00 $193.00 7 sk. Ready-mix gravel concrete 1 c (base bid) CY N/A N/A $217.00 $213.00 i r i Item# Description UOM Unit Price Delivered Unit Price Picked Up at Plant sk. Incremental increase to 2a base bid CY $5.00 $5.00 '/z sk. Incremental decrease to 2b base bid CY $5.00 $5.00 P.R. No.23458 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 , 2024. WITNESS: CONTRACTOR: Martin Marietta Materials, Inc. SIGNED AND AGREED to on the _day of , 2024. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THU1 MAN BILL BARTIE,MAYOR \�`` i RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: Ctn'of SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR VAL TIZENO THOMAS KINLAW III r 1 r t h u�' CITY ATTORNEY DONALD FRANK,SR. Texas AUGUST 24, 2022 INVITATION TO BID CONCRETE BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, December 6, 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, December 6, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-009 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 cifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 17 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. egictfw.- 0.9zaamtd. Clifton Williams Purchasing Manager Page 2 of 17 INVITATION TO BID CONCRETE 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 17 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 17 SPECIFICATIONS FOR CONCRETE BUILDING MATERIALS READY-MIX GRAVEL CONCRETE (4000 PSI) ITEM NO. 1 Gravel Concrete: Per applicable sections of the Texas Highway Department Specifications, Items 360, 420, 421, 520 and 522. 5 and 7 sack per cubic yard minimum Minimum compressive strength @ 28 days —4,000 psi Maximum water/cement ratio by weight: 0.70 Slump Range — 3" to 4" Aggregate size — 3/4" to 1" ITEM NO. 2 Each half sack of cement increment, whether additional or less, will also be quoted. AWARD 1. The contract will be one year. 2. The City may 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 5of17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Concrete Building Materials BID DUE DATE: December 6, 2023 ITEM DESCRIPTION UNIT PRICE UNIT PRICE # DELIVERED PICKED UP AT PLANT la 2 sk. ready-mix gravel concrete (Base Bid) $ 167.00 /CY $163.00 /CY lb 5 sk.ready-mix gravel concrete (Base Bid) $197.00 /CY $ 193.00 /CY lc 7 sk. ready-mix gravel concrete (Base Bid) $217.00 /CY $213.00 /CY 2a % sk. incremental increase to base bid $ 5.00 /CY $5.00 /CY 2b % sk. incremental decrease to base bid $5.00 /CY $ 5.00 /CY Small Load Fee under 5/cy add$200.00/load *For delivered concrete 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/gallon. Location of stockpile,plant or shipping point:2190 South Gulfway Drive, Port Arthur Martin Marietta Materials, Inc. 5675 Fannett Road COMPANY NAME STREET ADDRESS IGNA F BIDDER P.O.BOX Bill Kelley Beaumont, TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sr. Sales Representative 409-835-4933 TITLE AREA CODE TELEPHONE NO william.kelley@martinmarietta.com EMAIL FAX NO. Page 6 of 17 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: Bill Kelley Title: Sr. Sales Representative Company: Martin Marietta Materials, Inc. Date' 12/6/2023 SUBSCRIBED and sworn to before me by the above named Bill Kelley on this the 6TH day of December , 20 23 . aM1 �',p,Y PV '- AMI DORN Notary Public ink d for the '( Notary Public,State of Texas State of Texas � .!^!,.+,• Comm.Expires 07-07-2027 Notary ID 128667860 ►��,� how?My commission expires: Page 7 of 17 1 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. 12/6/2023 Firm N e Date Sr. Sales Representative Authorized ig ture Title Bill Kelley 409-658-7791 Name (please print) Telephone william.kelley@martinmarietta.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Bill Kelley on this the 6th day of December , 20 23 . ,/� '" 'z !All DORN L/ l ♦ Y P`e ii IV 2:: :Notary Public,State of Texas A.`�� Comm. Expires 07-07-2027 Notary Public �' oF`�+ Notary ID 128667860 a/M:4 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed, See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. NOT APPLICABLE Jn Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 1 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. 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 n 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? n Yes 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. flCheck 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). Martin Marietta Materials, Inc. 12/6/2023 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 9 of 17 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) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 17 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. Sil'' . -. l, 4 .- -NATU' �" e REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 6TH day of December , 20 23 ,o‘Ok,, AMI DORN 4: �`e:Notary Public,State of Texas Nam: .ram: Comm.Expires 07-07-2027 �' 414.1k, ',,,,,oF ;�� Notary ID 128667860 `��L' • • "" 'inn Notary Public Page 11 of 17 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 Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Bill Kelley Name of Company Representative (Print) Signature o Company Representative 12/6/2023 Date Page 12 of 17 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 13 of 17 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.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641. Page 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17 P.R.No.23458 Exhibit D (Purchasing Contract Agreement—Modern Concrete & Materials) P.R. No.23458 PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2024, by and between an individual, firm partnership or corporation, Modern Concrete & Materials, 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 one year 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 is 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 December 4, 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: Primary Vendor Secondary Vendor Item# Description UOM Unit Price Unit Price Unit Price Picked Up at Unit Price Picked Up at Delivered Plant Delivered Plant 2 sk. Ready-mix gravel concrete 1 a (base bid) CY N/A N/A N/A N/A 5 sk. Ready-mix gravel concrete 1b (base bid) CY $145.00 $125.00 N/A N/A 7 sk. Ready-mix gravel concrete 1c (base bid) CY $165.00 $145.00 N/A N/A Item# Description UOM Unit Price Delivered Unit Price Picked Up at Plant sk. Incremental increase to 2a base bid CY $5.00 $5.00 1/2 sk. Incremental decrease to 2b base bid CY $5.00 $5.00 P.R. No. 23458 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 , 2024. WITNESS: CONTRACTOR: Modern Concrete & Materials SIGNED AND AGREED to on the day of , 2024. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON Copy TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: Cityof SHERRI BELLARD,TRMC WILLIE BAE LEWIS ' !�� CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR VAL TIZENO D r t r t h u _ THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR. Texas AUGUST 24, 2022 INVITATION TO BID CONCRETE BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, December 6, 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, December 6, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-009 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 17 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. Chota:`,P 612/Aa.4-frtd- Clifton Williams Purchasing Manager Page 2 of 17 INVITATION TO BID CONCRETE 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? X Were the specifications clear? X Were the specifications too restrictive? X Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? X Does your present work load permit additional work? X Comments/Other Suggestions: Modern Concrete has never invoiced City of Port Arthur. Company Name: Modern Concrete & Materials Person Completing Form: Telephone: Jennifer Frederick 409-291-7600 Mailing Address: Email: PO Box 21557 jfrederick@modernconcretetx.com City, State,Zip Code: Date: Beaumont TX 77720 12/4/2023 Page 3 of 17 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 17 SPECIFICATIONS FOR CONCRETE BUILDING MATERIALS READY-MIX GRAVEL CONCRETE (4000 PSI) ITEM NO. 1 Gravel Concrete: Per applicable sections of the Texas Highway Department Specifications, Items 360, 420, 421, 520 and 522. 5 and 7 sack per cubic yard minimum Minimum compressive strength @ 28 days —4,000 psi Maximum water/cement ratio by weight: 0.70 Slump Range — 3" to 4" Aggregate size — 3/4" to 1" ITEM NO. 2 Each half sack of cement increment, whether additional or less, will also be quoted. AWARD 1. The contract will be one year. 2. The City may 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 5 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Concrete Building Materials BID DUE DATE: December 6, 2023 ITEM DESCRIPTION UNIT PRICE UNIT PRICE # DELIVERED PICKED UP AT PLANT la 2 sk. ready-mix gravel concrete (Base Bid) $ NO BID /CY $ NO BID /CY lb 5 sk. ready-mix gravel concrete (Base Bid) $ $145 ICy $ $125 /CY lc 7 sk. ready-mix gravel concrete (Base Bid) $ $165 /CY $ $145 /CY 2a %2 sk. incremental increase to base bid $ $5 /CY $ $5 /CY 2b %2 sk. incremental decrease to base bid $ $5 /CY $ $5 /CY Location of stockpile,plant or shipping point: 7875 W Port Arthur Rd I Port Arthur TX 77640 Modem Concrete&Materials 4825 Romeda Rd COMPANY NAME STREET ADDRESS ----T.--- -� ---7- -;\ PO Box 21557 SIGNATURE OF BIDDER P.O. BOX Trent Almond Beaumont TX 77720 PRINT OR TYPE NAME CITY STATE ZIP President 409-842-2100 TITLE AREA CODE TELEPHONE NO talmondna,modemconcretetx.com EMAIL FAX NO. Page 6 of 17 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: Trent Almond Title: President Company: Modern Concrete & Materials Date: 12/4/2023 SUBSCRIBED and sworn to before me by the above named Treiv4- Mirnnid on this the day of 1riLiAr , 20 Z; . ;,;:iik:, JENNIFER FREDERICK t Public in and for the fi to of Texas •= My Notary ID#132462805 '+?3. ±" Expires May 4,2024 ( m - My commission expires: , Page 7 of 17 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. Modern Concrete & Materials 12/4/2023 Firm Name Date • President Authorized Signature Title Trent Almond 409-842-2100 Name(please print) Telephone talmond@modernconcretetx.com Email STATE: F-C.)Ca5 COUNTY: 4XY\ ebuy\--V) SUBSCRIBED AND SWORN to before me by the above named `Tk- * Y-( 4Av\4 on this the q day of , 20 23 . k s;¢'M N: JENNIFER FREDERICK My Notary ID#132482805 4000111.1.- 0 - u i li Expires May 4,2024 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 17 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. OFRCEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. N/A J 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.) J Name of local government officer about whom the information is being disclosed. N/A Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? [] Yes 11 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? [] Yes nNo 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. flCheck 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). Z3 Signature of vendOrZOTrt l5Uslness wnm$ie ovemmental entity Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11/30/2015 Page 9 of 17 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local 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 10 of 17 House Bill 89 Verification I, _Trent Almond (Person name), the undersigned representative (hereafter referred to as "Representative") of _Modern Concrete & Materials_ (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. SIGNATURE OF REPRESENTATIVE ,SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Li day of (F , 2023 . rj'- fi•'•`"' ;,. JENNIFER FREDERICK iIV My Notary ID#132462805 • Expires May 4,2024 Notary Public Page 11 of 17 SB 252 CHAPTER 2252 CERTIFICATION I,_Trent Almond , the undersigned an representative of Modern Concrete& Materials (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. _Trent Almond Name of Company Representative (Print) Signature of Company Representative _12/4/2023 Date Page 12 of 17 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 13 of 17 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.: Accounts Payable, P.O. Box 1089, Port Arthur, Texas 77641. Page 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17