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HomeMy WebLinkAboutPR 24170: APPROVAL FOR CONTRASCT WITH FERGUSON WATERWORKS FOR HDPE PIPE • City of cart rtJtu INTEROFFICE MEMORANDUM Date: February 11, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E. Water Utilities Director RE: PR 24170—HDPE Pipe Introduction: The intent of this Agenda Item is to seek the City Council's approval to enter into a contract for the purchase of high-density polyethylene(HDPE)pipe to replace sewer lines. Ferguson Waterworks of Humble, Texas has submitted the lowest bid for supplying HDPE pipe to the City. Background: The sewer pipes in the City of Port Arthur are in need of replacement. Pipe bursting is an effective and efficient method for the replacement of sewer pipes with minimal environmental surface impact. On January 15, 2025, the City Purchasing Division of the Finance Department advertised the bid document for HDPE Pipe and received three (3)bids on January 29, 2025. Ferguson Waterworks of Humble, Texas, submitted the lowest bid for supplying HDPE pipe to the City (Exhibit "A"), which has been evaluated by the Purchasing Division and Water Utilities Department and found to be a fair price. Budget: Purchases of HDPE pipe for this year for the Wastewater Conveyance Division are projected to be $100,000.00. They will be stored in inventory, used on an as-needed basis, and charged to Account No. 410-40-220-5313-00-00-000, pending the approval of a budget amendment in Proposed Ordinance 7317. Recommendation: It is recommended that City Council approve PR No.24170,authorizing the execution of a one-year contract with Ferguson Waterworks of Humble,Texas,for the purchase of HDPE Pipe with an option to renew for one additional year period as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24170 2/11/25 cv/TNR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-YEAR CONTRACT WITH FERGUSON WATERWORKS OF HUMBLE, TEXAS FOR THE PURCHASE OF HIGH-DENSITY POLYETHYLENE (HDPE) PIPE, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $100,000.00. FUNDING IN WATER UTILITIES ACCOUNT NO. 410-40-220-5313-00- 00-000,IS CONTINGENT UPON THE APPROVAL OF THE BUDGET AMENDMENT IN PROPOSED ORDINANCE NO. 7317. WHEREAS, the City of Port Arthur recognizes the urgent necessity of replacing its aging sewer infrastructure to ensure the continued health, safety, and welfare of its residents; and WHEREAS, pipe bursting has been identified as an effective and environmentally responsible method for sewer pipe replacement, minimizing surface disruption while efficiently installing new high-density polyethylene (HDPE) pipe; and WHEREAS, in accordance with the City's procurement procedures, the City Purchasing Division of the Finance Department duly advertised a bid solicitation for the supply of HDPE pipe on January 8 and January 15, 2025, receiving three (3)responsive bids by the designated deadline of January 29, 2025; and WHEREAS, after a thorough evaluation by the Purchasing Division and the Water Utilities Department, Ferguson Waterworks of Humble, Texas, was determined to be the lowest responsible bidder, offering fair and competitive pricing for the provision of HDPE pipe, as detailed in Exhibit "A"; and WHEREAS, the awarded contract shall be effective for a period of one (1) year, with the option to renew for an additional one-year term, ensuring the City's ability to continue necessary sewer infrastructure improvements in a cost-effective and timely manner. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, PR No. 24170 2/11/25 cv/TNR Page 2 of 3 THAT,the City Manager is authorized to enter into a one-year contract with the option to renew for one additional one-year period with Ferguson Waterworks of Humble, Texas, in substantially the same form attached hereto as Exhibit"B"for the purchase of HDPE pipe with an annual projected budgetary impact of$100,00.00; and, THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the Meeting of the City Council. READ, ADOPTED, AND APPROVED this day of , 2025, at a Regular Meeting of the City Council of the City of Port Arthur,Texas,by the following vote: AYES: Mayor Councilmembers: NOES: Thurman"Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 24170 2/11/25 cv Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, C Calvin Matthews, P.E. City Manager Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: /7I . gj Ly da(Lynn) Boswell, MA, ICMA-CM Clifto Williams, CPP Director of Finance Purchasing Manager Exhibit A CITY OF PORT ARTHUR Request for Proposals Annual Contract for HDPE Pipe January 8, 2025 January 15, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS INVITATION TO BID /TICE IS HEREBY GIVEN THAT sealed Bids,addressed to the City of Port Arthur,will be received :he Office of the City Secretary. City Hall 444 4th Street or P.O. Box 1089, Port Arthur, Texas 541 no later than 3:00 P.M.,Wednesday,January 22,2025.Applicant names will be read aloud ginning at 3:15 P.M.,Wednesday,January 22.2025 on this date in the City Council Chambers, y Hall,5th Floor for certain services briefly described as: ANNUAL CONTRACT FOR HDPE PIPE is received after the deadline stated above,regardless of method of delivery,will not be considered d returned unopened. ,pies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 Street,City of Port Arthur, and are open for public inspection without charge.They can also be sieved from the City's website at www.portarthutx.gov or www-publicgurchase.com PUBLIC NOTICE ie City of Port Arthur reserves the right to reject any and all bids and to waive informalities. CITY OF PORT ARTHUR,TEXAS INVITATION TO BID r Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not iard a contract to a company that is in arrears in its obligations to the City. EN THAT sealed Bids,addressed to the City of Port Arthur,will be received Secretary. City Hall 444 4th Street or P.O. Box 1089, Port Arthur, Texas '.M.,Wednesday,January 22,2025.Applicant names will be read aloud ednesday,January 22,2025 on this date in the City Council Chambers, Clifton Williams lain services briefly described as: Purchasing Manager ANNUAL CONTRACT FOR HDPE PIPE 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.portarthutx.gov or www.publicpurchase.com The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager as a1-1 w - cci eci ta) cd .= " es �.+ N 1 l� N N 6 C., E, 00 -- M VM1 O� • fi 5i9 69 69 en N eno h^1 Z psi t� ss �. • 4. cu y 0 y 4.> r O ,, O OO 7O 8 8 ,.c .0 p„i C i co) vi o0 00 U :° 10 a = = on M 00 In o g t, 44 = o o csi • a U elZ a 0) : W C N •-4 • oxs .� i.• � CA w - 4 0 = 4 Q ice+ C •Y N co M 4. Cg p p sa y V c M o ' ' .0 y v v c M N oo0 y a t'^l a © _ a I-. a 6 EA EA a rl ^ y0. O UU ag o oio N v o 00 00 O C °� ©enN N el 9, 4s 64 En 4 ° � � wo C w w w a cn C a.� vl y a a d la) w w a 0 o a p p U A o. x x x w a •0 v, „ U �l a) r- w . o A x O 0 X b O A = b c. 0 C. o * .0 o a U I-I A O g O 4 ›., Exhibit B PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2025, by and between an individual, firm partnership or corporation, Ferguson Waterworks 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. The term of this Contract shall be for one-year from the Notice to Procced with the option to renew for an additional one year period . The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Vendor will provide HIGH-DENSITY POLYETHYLENE PIPE, as delineated and submitted in their bid on January 29, 2025. 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: HIGH-DENSITY POLYETHYLENE PIPE 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract for the following price as shown in the Bid schedule. #1) $308.27/per 40' stick of 8" DR17 IPS HDPE PIPE; #2) $478.40/per 40' stick of 10" DR17 IPS HDPE PIPE; #3) $673.07/per 40' stick of 12" DR17 IPS HDDPE PIPE; #4) $334.72 of 12"X 12"-1/2"FC CLAMP; #5) $225.10 of 8" FC CLAMP; and #6) $287.33 of 10"FC CLAMP. 5. The term "Contract Documents" means and includes the following: A. Agreement B. General Information C. Specifications D. Notice to Proceed E. Bid Addendums No.1 January 14,2025 Addendums No.2 January 22,2025 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 , 2025. WITNESS: VENDOR: FERGUSON WATERWORKS By: (print name and title) SIGNED AND AGREED to on the day of , 2025. WITNESS: OWNER: CITY OF PORT ARTHUR By: Sherri Bellard Ronald Burton, CPM City Secretary City Manager Pir THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: '!� � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h u T ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. JANUARY 12,2025 INVITATION TO BID ANNUAL CONTRACT FOR HDPE PIPE DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 22, 2025. (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,January 22, 2025 in the City Council Chambers,City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P25-009 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.williamsAportarthurtx.gov The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and 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 17 INVITATION TO BID ANNUAL CONTRACT FOR HDPE PIPE (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 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 6 B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED) C. Ai.rIDAVrT-PAGE 8 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN&DATE ON LINE 7-PAGE 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 SPECIFICATIONS FOR Page 4 of 17 Imo` SPECIFICATIONS FOR ANNUAL CONTRACT FOR HDPE.PIPE SCOPE OF WORK 1 8"DR17 IPS HOPE POLY PIPE—GRAY/GREEN-40'LONG JOINT 2. 10"DR1 7 PS HDPE POLY PIPE-GRAY/GREEN 40'LONG JOINT 3. 12" DR17 IP S HOPE POLY PIPE—GRAY/GREEN 4(.3'LONG JOINT 4.. I2"x12 1/2'."FC CLAMP(12.62-13 02) Vr PC`;CLA P(134 -8.94) 6 IT PC CLAM (10 44 1LU4) C out r ad.is for ane year with the-option to renew for one additional year: 'Page 5of17 CITY OF PORT ARTHUR,TEXAS BID SHEET Page I of 6 BID FOR: ANNUAL CONTRACT FOR HDPE PIPE BID DUE DATE: JANUARY 22, 2025 f ITEM# DESCRIPTION UNIT COST 1 8" DR17 IPS HDPE PIPE $ 308.27/ per 40' stick 2 10'T DR17 IPS HDPE PIPE $ 478.40/ per 40' stick 3 12" DR17 IPS HDPE PIPE S 673.07/ per 40' stick 4 12"x12-1/2"PC CLAMP $ 334.72 5 8"FC CLAMP S 225.10 6 10" FC CLAMP $ 287.33 Ferguson Waterworks 15711 Eastex Freeway COMPANY NAME STREET ADDRESS KE 89���itr rL SIGN OF BIDDER P.O. BOX Trey Goodman Humble, TX 77396 PRINT OR TYPE NAME CITY STATE ZIP Outside Sales - Municipal 832-995-4091 1'T1'LE AREA CODE TELEPHONE NO Trey Goodman 281 441-2823 EMAIL FAX NO. Page 6 of 17 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: Trey oodman Title: Outside Sales - Municipal Company: Fergson Waterworks Date: 01/29/2025 SUBSCRIBED and sworn to before me the unde 'gned authority by 110, the 4 1:i. of, ZOIt-on behalf of said bidder. Notary Public in and for the State of Texas \•�`��<4, P�;y'Pue2.-. .,, My commission expires: g .7W222. N / �Q 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. Ferguson Waterworks 01/29/2025 Firm Name Date Outside Sales - Municipal Authorized Si ature Title Trey Goodman 832-995-4091 Name(please print) Telephone Trey.Goodman@Ferguson.com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named /ref on this the - day of CtA)lw,.rn , 20 , eA./ otary Pu lic \����1V11I \c\\-.. B Ft q // • 6• ,��i// RETURN THIS AF'r'Il)AVIT AS PART OF THE BID PROPOSAL ci,�.o PAY • <' . �� 9 pTFOF���:` „gyp 20ti\\�� Page 8 of 17 CONFLICT OF INTEREST VESTC QUESTIONNAIRE FORM CIO, For vendor.Laing,business with tac$governmental entice Ttlfs guostiannah.::rsitocts,ebartgas-nrada 13o tha law`by H.l :23,wti Log., Regular ses�Nori. •OFACE USE ONLY • T4ifis=syuestforviarce Ts-fs'euiq fired in abboidandeivitti Chapter 17&,Local t3tmremnrent Fade, byaverddrvrrfrc t3eta taae a 010oer4tnp as defined. Sew 176 GQ1; 1-a) witt'r a local geve rt ental entity 400 vendar requirernerits under Siy�Gw. fl By Iawffs'quesfannairernust be filee witr8isrseardsadmioesgabr ofribelocai_gaverr me enfiyxrat row tharrtfie7trbutibess=day aftertredatathe yendorbec .nes.akrare of facts that-require the statieaters to be ICed, Cac0FGo"ve04eiifCd4a 4titendrx':iwertimNs:.ai i Stiatied If ina vend&tthtiiitviiiily viarateis SeCSc i 1-72:fitla Laibef, dfernenent ted .i offer se>urrdt .1 s 1s. riusde0:***. J Name'gfiv orWrtlo has a business onsiep"wgl't heal govercmieneat entt�; Not Applicable 2 thecktilit boxifyouarefilingaulp atetoa,prevously=fledguesfiorme (The favtrequires.thatyoaftleartapdated txunpletedguesttortnaxe_Mhtiea>9prflpr/ate fling atttktorillrl�:iaterMan•tlte:7tf3 bisaness day aftertEreAa6s.o1'awiitc* rat:became awaratbat t eerigi M7ed questquestidnnairewasilmintOlete or hex) 4 t.4a neattec�al gg r a Who iitie iforrinaiionia betngcisdosed Name f ftcer J, Descrl eackt employrmentor oiber•:business relationship with the local r errerft otriceri,oraiarn4 member of offrcer;as described bitsetoottVICK13(4X2)(4,AlsrsdelOttthea tsii d t atiofisfirp iirdlt the local goi erraaerlt Completie subparts/And B foreactr a orb nesS refabons ri desra d rtiartai:pages to-ttns>ro do CiLtas necessary. Is tie loca{`.govarrtmeat officer •a €ily-member of the officer receiving or likal r-.ta receive taxable inioome eithertOrkIeVeethierit tiOOrrikTiOrtitileveildor? Yes B, is fhe ti ero 64;pr c t to receive tarabra4iacdr ,450.04110 itivOStrhaftin e,froth or at#40 direction ofths lgcail ovemn efit otf er or a fault f member.aF slficer Ma to able rootrte.is not.rec .frnnt"fktie locarovernmentaf enti Describe rtesarelet►eyse rip thgt1l 'vendor bamectm;Seo on 1 i ntat, each empto�ment cir6r3sr _. ns..wrth�acorporatian or other business ty with respecUo whridi the_:locaf government officer seiriesatanof lc or dit -or holds an ownership•otereeti tit o re ce>n#"sir` . nthecirtfiliboriftbevericior lftasgiven the boalgovernmeticiffiCer or afarrillyinemberatheofficerone=or moreis as.,di ed in$eestvet 17.6.0040)0) e dIog gets gibed'tit S`ectios 1 .0.0 )- eeai✓�xrr 01/29/2025 S na ure ice doing by0ines4:VAtit*re govemment'a entity Date Fo m prmaded by Texas Etl•rc C.40.0 shirt hrww.ethics.state.x.us bed i 1mo12n5 Page 9 of 17 Page 10 of 17 SB 252 CHAPTER 2252 CERTIFICATION I, Trey Goodman ,the undersigned and representative of Ferguson Waterworks (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. Trey Goodman Name of Company Representative (Print) Signrd�ttais, Company Representative 01/29/2025 Date Page 11 of 17 House Bill 89 Verification I, Trey Goodman (Person name), the undersigned representative (hereafter referred to as "Representative") of Fergson Waterworks (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. SIGNAT RE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 'Q4' day of t'Gka r ) , 20 I _4, c • Notary Public Page 12 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this 1'1'13, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this 1113 carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 13 of 17 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 1113 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 PRLNCIPAL 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 Artbur2vizuz 5Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 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. Page 14 of 17 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. 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 Page 15 of 17 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 Tnsurance: 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. Page 16 of 17 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 -CITY OF PORT ARTIIM TEXAS Celt ef ADDF2iDUM NO.ONE I) reuu. JANUARY 14,2025 MEOW. ANNIJAL CONTRACT FOR-FIDPE PIPE BID:P25-099 The following clarifications, amendments, deletions, additions,revision andior modifications are made a part of the Cot/tint documentg and change te-orkingl documents oply in the manner and to the extent hereinafter stated anctsball beincorporated in*contract-documents. Provisions of tbs addendum.shall take precedence overregnirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACICSOWI,EDGE SAID PROVISIONS IN THE SUBMISSION OF THEill BM. Xddeodum as follows I. Attached it the revised sPed:fitgtions on Page5. 2. Attached is the revised Bid Sheet onPage Ifyou have any questions,please contactthe Purchasing Division,at 40943-816a NOTE: ALL PAS OF ADDENDA, MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCOTENTS. Cliff bit-litte.\t_ n Williams Purchasing Manager 01/28/2025 Si of Pr oposer Date- Fergson Waterworks Company Vendor IsTareke . i -CITY OF PORT ARTHUR,TEXAS aryef V?: rtlec - ADDENDUM NO. TWO (2) rezat JANUARY 22,2025 BID FOR: ANNUAL CONTRACT FOR HDPE PIPE BID: P25-009 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBiVIISSION OF THEM BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,January 29,2025. (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, January29, 2025 in the City Council Chambers,City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. (4 Gt)z&M Cliff&Williams Purchasing Manager 777 1/28/2029 Signature of Proposer Date Fergson Waterworks Company Vendor Name I