Loading...
HomeMy WebLinkAboutPR 23990: CENTRIFUGE REPAIR #1 urJ rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 24, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM., City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR No. 23990- Centrifuge Repair#1 Introduction: This Agenda Item intends to seek the City Council's approval for the City Manager to enter into a contract with Centritek, of Benicia, California for the repair of Centrifuge #1 at the Water Purification Plant. The cost for the repair is $34,500.00, and the work will be completed over a span of 35 days. Background: On September 25 and October 2 ,2024, the City advertised for the repair of Centrifuge #1 and received(4)bids on October 09, 2024 (Exhibit"A"). Without the centrifuge,the plant will have water treatment problems. The lowest bidder was submitted by Centritek of Benicia, California in the amount of$34,500.00 to disassemble, clean, inspect, replace, balance, rebuild and repair. Budget Impact: The total budgetary impact is $34,500.00, with funding available in Water Utilities Equipment Maintenance Account No. 410-40-210-5318-00-00-000. Recommendation: It is recommended that City Council approve PR No. 23990,awarding the contract for the repair of Centrifuge#1 to Centritek, of Benicia, California in the amount of$34,500.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 23990 10/24/2024 cw/ht Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CENTRITEK OF BENICIA, CALIFORNIA FOR THE REPAIRS TO CENTRIFUGE #1 AT THE WATER PURIFICATION PLANT, WITH A TOTAL PROJECTED BUDGETARY IMPACT AMOUNT OF $34,500.00. FUNDING IS AVAILABLE IN ACCOUNT NO. 410-40-210-5318-00-00-000, EQUIPMENT MAINTENANCE. WHEREAS, the centrifuge is a critical treatment component for processing waste sludge at the Water Purification Plant and is currently in need of repairs; and WHERAS, in accordance with the City's Purchasing Policy, the City advertised for bids to repair the centrifuge at the Water Purification Plant on September 25,2024 and October 2,2024; and WHEREAS, a total of four (4) bids were received and opened on October 9, 2024, with Centritek of Benicia, California being identified as the lowest responsible bidder, as specified in Exhibit"A"; and WHEREAS, it is recommended that the City award the contract to Centritek of Benicia, California to repair the centrifuge; and, NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute a contract, in substantially the same form as Exhibit 'B,' with Centritek of Benicia, California, for the repair of Centrifuge #1 at the Water Purification Plant,with a total projected budgetary impact of$34,500.00; and THAT, funding is available in Account No. 410-40-210-5318-00-00-000, Equipment Maintenance; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED on this day of , 2024 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote AYES: Mayor: Councilmembers: PR No.23990 10/24/2024 Page 1 of 3 NOES: Thurman Bill Bartie Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Roxann Pais Cotroneo City Secretary City Attorney APPROVED FOR ADMINISTRATION: 67:444 R ld urton, C Calvin Matthews, P.E. City Manager Director of Water Utilities APPROVED AS FOR AVAILABILITY OF FUNDS: (4)1_6K Lynda(Lyn)Boswell, MA, ICE M -CM Clifton E. Williams, Jr., Director of Finance Purchasing Manager Exhibit A — — -- — . — _ t.... - | o = / \ o L if ■ / � � " d \ \ § k.� 0 2 § ` E U I = t \ Co k-0 - z, § ƒ J_ / v, - 7 0' 5' 2 > $ a ¢ » 00 < E n et k ■ ee ■ 0 » to 'o c ..' o § 2 Eo ' ¥ et. § 7 = n - ep r.0 « s § 2 � 2 -a - f Jnoo 22p § to c 2 �� g � » _ o i e Cr \ 2 / ƒ naCf0°r o o / / _ / § 2 i & 0 . , E - k K * 7 j En- o rn / a IL / cp ® -1 =A zD z z » i� �� \# a o E 2 m ® P r) M. / 2 : " — — �— — —- _ t - _ — -_ Exhibit B PURCHASING CONTRACT AGREEMENT REPAIR CENTRIFUGE #1 THIS AGREEMENT is made this the of , 2024, by and between an individual, firm, partnership, or corporation, Centritek, of Benicia, California hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, Owner and Vendor agree as follows: 1. This Agreement shall be 35 days from the start day on the Notice to Proceed. 2. 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. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the specifications, described as: Repairs for Centrifuge 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the cost per bid dated October 09, 2024. DESCRIPTION Unit Cost Repair Centrifuge at Water Purification $34,500.00 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 6) 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: CENTRITEK: SIGNED AND AGREED to on the day of , 2024. I ATTEST: CITY OF PORT ARTHUR: Sherri Bellard Ronald Burton, CPM City Secretary City Manager THURMAN BILL BARTIE,MAYOR �\�,�i+ �h/ RONALD BURTON,CPM DONEANE BECKCOM, -- - CITY MANAGER MAYOR PRO TEM City of ,i SHERRI BELLARD,TRMC COUNCIL MEMBERS: ,I , CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t it t r;• ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,IH Texas DONALD FRANK,SR. SEPTEMBER 24, 2024 INVITATION TO BID REPAIR CENTRIFUGE AT WATER PURIFCATION DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 9, 2024. (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, October 9, 2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-069 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 P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 18 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 Purchasing Manager Page 2 of 18 INVITATION TO BID REPAIR CENTRIFUGE AT WATER PURIFCATION (To be Completed ONLY IF YOU DO NOT BID.) FAILURE AIL RE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 6 B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 8 (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 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 Page 4 of 18 SPECIFICATIONS FOR REPAIR CENTRIFUGE AT WATER PURIFCATION OBJECTIVE Repair a Sharples 706 VM3038 rotating assembly with pillow blocks. Contract must submit any additional repairs needed to Purchasing, so an addendum will be published. SPECIFICATIONS 1. Verify that conveyor stack up is correct after all components have been machined and correct if necessary. 2. Correct pulley thrust cap fit length. 3. Remove all paint from pulley and gear flange before assembly. 4. Liquid head bearing journals are in tolerance. 5. Verify that pillow block covers are maintaining positive press on width of main bearing and correct as needed. 6. Tap and clean all holes, grease passages and bores of liquid head & pillow block assembly. Install new bearings, seals and hardware at assembly. Paint pillow block and covers after all work is completed. 7. Tap and clean all holes, grease passages and bores of solid head & pillow block assembly. Install new bearings, seals and hardware at assembly. Paint pillow block and covers after all work is completed. 8. One of the bowl & conical wear saddle is broken. 9. Conveyor has approximately (10) broken tiles. Replace with new. 10. Tap and clean all holes and install balance arbors of conveyor. 11. Verify that conveyor is straight and balance to ISO G-1.0 standards. After balance install new bearings, seals, 0-rings and hardware. 12. After all repair work has been performed install conveyor assembly in bowl. 13. Install head and gearbox. Verify that gearbox pinion and case run-out are at or below .005"TIR. Balance complete rotating assembly to ISO G-1.0 standards 14. Paint pillow blocks of rotating assembly. 15. Paint pulley and gear flange safety orange of rotating assembly. 16. Strip all paint from gearbox. 17. Gearbox - Machine polish 1st stage journals to smooth slight scarring. 18. Gearbox - Machine polish 1st stage gear bores. 19. Gearbox - Machine polish 2nd stage gear bores. 20. Assemble gearbox with new bearings, seals and 0-rings. 21. Paint gearbox safety orange. 22. Install rotating assembly on-site and verify functioning correctly. Page 5 of 18 23. Ability to respond on-site within 48 hrs. to identify and initiate corrective actions related to any issues regarding repairs/replacements made or the installation of said equipment/components for length of warranty period or as long a term as we can specify. Page 6 of 18 .14)q CITY OF PORI ARTHUR,TEXAS BID WET BID FOR: REPAIR CENTRIFUGE AT WATER PURIFCATION BID DUE DATE: OCTOBER 9,2024 TOT*COST I DAYS TO COMPLETE ITEM# DESCRITION INCLUDING FREIGHT Repair Centrifuge at 3 SO, '1 IC I Water Purification S 1 (e, 7fi 76C co .S-/94 c-4-el COMPANY AM STREET ADDRESS MONNA U F BIDDER P.O.BOX (X 7-67-c}Cx-11 6e_ IC 1% ( A (-/ S7e, PRINT OR TYPE NAME"Aux( CITY STATE ZIP 09 301 - Z 2 o c TITLE AREA CODE TELEPHONE NO. iPk.0 -- EMAIL FAX NO. Page of 18 CITY OF POR THU R,TEXAS NON-COLLU• 1 I N AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for t : bidder certifies that neither he nor the firm, corporation, partnership or institution repr. --nted by the signatory or anyone acting for the firm bidding this project has violate• e antitrust laws of this State, codified at Section 15.01, of seq., Texas Business a Commerce Code, or the Federal antitrust laws, nor communicated directly or indir: ty the bid made to any competitor or any other person engaged in the same line o •usiness, nor has the signatory or anyone acting for the firm, corporation or institutio -ubmitting a bid committedte any other act of : ::ereted to thlopment an• e,mssi. l = .ral. : ' Printed Name: /j Li.h-7E � Title: TC J (i4c 7" � - — — 1 Company: re /17-v- 1 _ Date: /c1 3 ZCI iSUBSCRIBE and swo to efore me by e above named this the 3 day of , 20'' ' . < dit9t log"-- Notarybtic in and for to State of Lose CoL ( Q' ITV--L �z� suo► valiu My commission expires: D�2, )°�4� �;, ++oury wain-t,u+crm. -�.: , seium county i `�i i,! Commission i 2349001 — ^, My Comm_Ewes Mx 25. 2025 Page ' of 18 AFF 0 • VIT All pages in Offeror's Responses containing . • ments, letters, etc., shall be signed by a duly authorized officer of the company whose signa, is binding. The undersigned offers and agrees to one of th ff'lowing: T 1 hereby certify that I do not have o t• anding debts with the City of Port Arthur. I further agree to pay succeeding debts as they b.. 'me due. ��/ 5-1'�� 1 hereby certify that I do have outstan.i g debts with the City of Port Arthur and agree to pay said debts prior to execution of this agre lent. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstan'i g debts with the City of Port Arthur and agree to enter into an agreement for the payment of s.i debts. I further agree to pay succeeding debts as they become due. �Ph �r/. 7 (& ---,? - ZGZ y Firm Name dor Date S Alp., ,4 Qs? dfrvk 1 A o Si.itiWe I O Title C s 97 Name(please print) Telephone C ,/.-,'5 e ce , 7- ` '�(c • a7 N` Email STATE: e9.----944/12. COUNTY: $ Jkflt) SUBSCRIBED AND SWORN to before me by he above named et.h S _ on this the 6924 _day of • G 20oq-1.k . Notary lie 1ddI mat RETURN THIS AFFIDAVIT AS 'ART OF THE BID PROPOSAL Itill PIJj -, L ' �� Page of 18 CONFLICT OF INTEREST QUES IONNAIRE FORM CIQ For vendor doing business with local govern - • l entity This tluw#alnaks NOW*changes made to the Maw by M.B. ', 14thh Lag.,Witty Session. DFfiCtJDEOILY This Is being fled in eccordarlos art Paper 176, •• Goverment Coda,by a vendor who has a business retMcnetip es defined by Salon 178.001(1-sl •�i oceerrvrreeet entltr end to Date Reeeh�0 vendor meets whams*wile under Salves t711006(a) By tarn Oils quedorneire must be flied ishh the records adkrinisketor• M local governmental enity not later ben he 7R 6minset day Ow he dale tw vendor becomes ware o hats diet require the stsertent to be flied. See Secton 171.006(e•1).Leo"Goverment Code. A vendor corrmla an oars*if ens vendor lc/warpy viotatss Secton 7t 006.Local Goverment Code An offense under tie section Is a mdadeoesnor. iI Horne of vendor who has a business relationship 5/1/ 7.- /"; // 4 7715 int* .s n Check this boa i/you re filing an up a to a tans • Mad questionnaire.(The taw1 completed questionnaire wkh the requires thater the dire an h appropriate thing a� • not later than the 71h business day alter the tiara an which you became aware that the originally tied qua • • was incomplete or Inaccurate.) J Nona of load government Mow abort whom the' •. . • is being disclosed. Name of• •:r 4 Describe email anrploymsrtt or other huskies • . . • the loam govw nsnt offing',or a teratly member of the oiliest,as described by Section 17a.o03(ax2)(A).Also• li .. any%any►elaroasil trier the lend gover mwe onion. Cesspisle subparts A and B for teach employment or• rslatlmtahipdrsoribed.Ariair addaonsi pegs**this Fomi as so notassary. A Is the local government officer or a family Member of the officer receiving or likely to receive taxable income. other than investment interne,from the vendor' QYes ErNo E. is the vendor receiving or liltety to receive tturilite income,other than iwectmerlt Income,from or at the direction of the local government officer or a(arniy mentier of the officer AND the taxable income is not received from the local governmental entity? ElYes Q No LI Describe each employment or business reimionehip that vendor mined in Section I maintains with a oorparsbon or other business entity with respect to width the local go officer serves es an ofeesr or director,or holds an ownership Merest of ens peresef et errors. J n1Check this box If the vs has given t local vomit, der or a family member of the officer one or more gifts as described in 178. I descried in Section 178.003(a-1) s goMemrinenfat 0with ifDais Form prodded by Texas Ethics rrw�ethics.stata.tx us Revised t1/907015 Page 11 of 18 . CONFLICT OF EREST QUESTIONNAIRE For vendor doing • ness with local governmental entity Acomplete copy of Chapter 176 of the Local Go n -nt Code may be found at htlpJMrww.sratutes.legis.state.tx.usr DoceAG/htmAG 176,hen.For easy reference, •- • are some of the sections cited on this form. Local Government Code 117Q.041(141:'Bus •relationship'means a connection between two or more parties based on commercial activity of one of the parties e term does not include a connection based on: (A) a transaction that is subject to rale or :: eguiation by a federal,state,or local governmental entity or an agency of a federal,state,or local gove , tat entity; (B) a transaction conducted at a price an• - Went to terms available to the public;or (C) a purchase or lease of goods or se .- corn a person that is chartered by a state or federal agency and that is subject to regular examination by. . reporting to,that agency. Lposi Government Code 1176.003(a1[2)Af s i -); (a)A local government officer shall file a•• 'icts disclosure statement with respect to a vendor it. (2) the vendor (A)has an employment. •her business relationship with the local government officer or a family member of the off.-• that results in the officer or(amity member receiving taxable income,other than roves t income.that exceeds$2,500 during the 12-month period preceding the date that. c fficer becomes aware that (r) a contract be - n the local governmental entity and vendor has been executed; or (ii) the local g• nmental entity Is considering entering into a contract with the vendor; (B)has given to the local g k•m ment officer or eternity member of the officer one or more gifts that have an aggregate v " of more than$100 in the 12-month period preceding the date the officer becomes aware i - (i) a contract between be local governmental entity and vendor has been executed;or (ii.) the local governor- al entity is considering entering into a contract with the vendor. Local_4ovstnment Code&1/5.900la am(a-11 (a)Avendor shall file acompleted conflict interest questionnaire it the vendor has a business relationship with a local governmental entity and (1) has art employment or other. •=• as relationship with a local government officer of that local governmental entity,or a tarty ` •_ of the officer,described by Section t 78.003(a)(2)(A), (2) has given a local government. icer of that local governmental entity,or a family member of the officer,one or more gifts with the ag agate value specified by Section t 76.003(a)(2)(B),inducting any gift described by Section 176.003( 1);or (3) has a family relationship with. oral government officer of that local governmental entity. (a-I) The completed confllr t of interest Qua i.metre must be filed with the appropriate records administrator not later than the seventh business day a •.I the later of: (1) the date that the vendor. (A) begins discussions or ..batons to enter into a contract with the boat governmental entity;or j (a)submits to the local.. mental entity an application,response to a request for proposals or bids,correspondence, another writing related to a potential contract with the local governmental entity,or (2) the date the vendor becomes- - e. (A) of an employment or titer business relationship with a local government officer,or a (amity member of thirst,' .- ,described by Subsection(a); (B)that the vendor has g• one or rnore gifts described by Subsection(a)or (C)of a family relationship ith a local government officer. Fair provided by Texas Edict Commission werseethics.srats rx.us Revised 11raor2el5 Pagc 1 of 18 House Bill • Verification I, ji� ,' (Person name), the undersigned representative (hereafter referre. to as "Representative") of (co pany or business name, hereafter referred to as "Business Entity"), being an adult ov:r he age of eighteen (18) years of age, after being duly sworn by the undersigned nota , do hereby depose and affirm the following: 1. That Representative is authorize• o execute this verification on behalf of Business Entity; 2. That Business Entity does not boyci Israel and will not boycott Israel during the term of any contract that will be entered i is between Business Entity and the City of Port Arthur; and 3. That Representative understands t :t the term "boycott Israel" is defined by Texas Government Code Section 2270.00 to mean refusing to deal with, terminating business activities with, or otherwise taking .ny action that is intended to penalize, inflict economic harm on, or limit commercial rela 'ins specifically with Israel, or with a person 4 or entity doing business in Israel or in an Is eli-controlled territory, but does not include an action made for ordinary business purpo>;s. ��I. SI e' •ATURE O'e e SENTATIVE SU SCRIBED AND SWORN TO B FORE ME, the undersigned authority, on this 3( c%day of 61..e , 00214. Suo►u vOrNb► t Notary Public'c forma J� ' f 234 Cwnmission/23�9001 ay my Comm.Expires Mar 25.2025 Noi:ry Public 3 4 Page 1 4 of 18 S13252 CHAPTER 2252 CERTIFICATION ,the undersigned an representative of & /• /��� (Compare/pr Business Name) being an adult over the age of eighteen(18) pars of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2 32.153, certify that the company named above is not listed on the website of the Comptroller >f the State of Texas concerning the listing of companies that are identified under Section 306.051, Section 807.051 or Section 2253.153. I further certify that should the above-named ccmpany enter into a contract that is on said listing of companies on the website of the Comptrol er of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organi4 ion, I will immediately notify the City of Port Arthur Purchasing Department. Name of Corn y Representative(Print) , re of Co.7. Representative ( $ - zoz 6/ Date Page 1 3of 18 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 14 of 18 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 15 of 18 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 16 of 18 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 17 of 18 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 18 of 18