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HomeMy WebLinkAboutPR 24202: CONTRACT WITH SEVERAL COMPANIES TO PURCHASE ROAD BUILDING MATERIALS Cut.of ort rthll www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 28, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Director RE: P.R. 24202—Authorizing the City Manager to Contract with Several Companies to Purchase Road Building Materials Introduction: This agenda item requests Council's authorization to execute one-year contracts to purchase road building materials for the Streets Division. Background: The Streets Division relies on road-building materials such as limestone, aggregate, and sand from contractors to maintain the City's streets. The City requested bids through the Port Arthur News on February 1, 2025 and February 5, 2025. Bids were opened on February 12, 2025, in City Hall. The City received six(6)bids from Mid County Land Co.,LTD of Port Arthur,Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Texas Materials, a CRH Company of Beaumont, Texas; Modern Concrete & Materials, LLC of Beaumont, Texas; and Brauntex Materials, Inc. of New Braunfels, TX. The contracts' terms are for one year. Staff reviewed the bids and considered them to be the fair market value for these services and in line with past costs. The contractor is not guaranteed any minimum amount of work under this contract. "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 Three categories, Item 3, Limestone (Secondary and Tertiary Vendors, Plant); Item 4, 610 base limestone (Primary and Secondary Vendors, Plant); and Item 9, Cement Stabililized Sand, base bid(Secondary and Tertiary Vendors, Stockpile and Plant),received identical bids,requiring the casting of lots to determine the lowest responsible bidders. "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 9 ao s) o0o ° `�zz z � a6 .2 � og e z oo v, 0 0 Uri U 6R > 0 C = a.) o Ct4L: Z z Z cn oOo z � ; A" U E+ 69 F ct .. U 69 a) H - o � o � 0 z z z v U oc U eh o z � > en (Ni X `n o X rn ..W o oo 9 5 - .-t a) x .Z d o � � i� o � ,�! 69 > 69 6�9 rr, "� WI 69 H cd Z H9 a ^C 3 Grl Q w t X C ky 1" O a) O " cz z v1 z v1 0 0 4o d ,, 0ACia. 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Recommendation: City Council is recommended to approve PR No. 24209 authorizing contracts with Mid County Land Co., LTD of Port Arthur, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas;Martin Marietta Materials,LLC of Beaumont, Texas; Texas Materials,a CRH Company of Beaumont, Texas; Modern Concrete & Materials, LLC of Beaumont, Texas; and Brauntex Materials, Inc. of New Braunfels, TX, to provide road building materials for the not-to-exceed amount of$1,500,000.00. "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 /Tie PR 24202 03/28/2025 FCR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH MID COUNTY LAND CO., VULCAN CONSTRUCTION MATERIALS, MARTIN MARIETTA MATERIALS, TEXAS MATERIALS, MODERN CONCRETE & MATERIALS, AND BRAUNTEX MATERIALS FOR ROAD BUILDING MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION FOR THE NOT-TO-EXCEED AMOUNT OF $1,500,000.00. FUNDING IS AVAILABLE IN THE STREETS MAINTENANCE ACCOUNT, 001-21-053-5316-00-70-000 ($275,000.00), AND THE CAPITAL IMPROVEMENT FUND STREETS PROGRAM ACCOUNT, 307-21-053-8517-00-10-000 ($1,225,000.00), VARIOUS PROJECTS. WHEREAS, the Streets Division relies on road-building materials such as limestone, aggregate, and sand from contractors to maintain the City's streets; and, WHEREAS, the City of Port Arthur solicited bids in the Port Arthur News on February 1, 2025 and February 5, 2025; and, WHEREAS,bids were opened on February 12, 2025 (see Exhibit A); and, WHEREAS, the City received six (6) bids from Mid County Land Co., LTD of Port Arthur, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Texas Materials, a CRH Company of Beaumont, Texas; Modern Concrete & Materials, LLC of Beaumont,Texas; and Brauntex Materials, Inc. of New Braunfels, Texas, as shown in Exhibit B; and, WHEREAS, the City received identical bids for Item 3, Limestone (Secondary and Tertiary Vendors, Plant); Item 4, 610 base limestone (Primary and Secondary Vendors, Plant); and Item 9, Cement Stabililized Sand, base bid (Secondary and Tertiary Vendors, Stockpile and Plant) requiring the casting of lots to determine the lowest responsible bidders; and, ,461T PR 24202 03/28/2025 FCR Page 2 of 4 WHEREAS, Section 271.901(b) and(c) of the Texas Local Government Code states: (b) If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots. (c) The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be conducted in the presence of the governing body of the municipality or district. All qualified bidders or their legal representatives may be present at the casting of lots. WHEREAS, the lowest responsible bidders are noted in the contracts for six (6) bids from Mid County Land Co., LTD (see Exhibit C), Vulcan Construction Materials, LLC (see Exhibit D), Martin Marietta Materials, LLC (see Exhibit E), Texas Materials, a CRH Company (see Exhibit F), Modem Concrete&Materials, LLC (see Exhibit G), and Brauntex Materials, Inc. (see Exhibit H); and, WHEREAS, each contract shall terminate one(1) year from the date of the Notice to Proceed. 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 is hereby authorized to execute contracts with Mid County Land Co., LTD of Port Arthur, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Texas Materials, a CRH Company of Beaumont, Texas; Modern Concrete & Materials, LLC of Beaumont, Texas, and Brauntex Materials, Inc. of New Braunfels, Texas, for the purchase of road building materials for the not-to-exceed amount of $1,500,000.00; and, PR 24202 03/28/2025 FCR Page 3 of 4 THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the day of , A.D., 2025, at a 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, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney PR 24202 03/28/2025 FCR Page 4 of 4 APPROVED FOR ADMINISTRATION: firpk Ronald : � 1 City Mans: I# // / /141.1i ozelle C. oberts, E4 n! ":A, CPM Director 'ublic W. ''s APPROVED AS TO AVAILABILITY OF FUNDS: a Boswell,MA, ICMA-CM Finance Director //kJ x,44 Clifton E. Williams, Jr., CPP Purchasing Manager P.R. No. 24202 Exhibit A (Bid Advertisement) CITY OF PORT ARTHUR Request for Bids Road Building Materials �braarl ' . rr_?A7 20_S February 5, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BID Mice is hereby given that sewed bids addressed to the City of Port Arthur.will be received at th ''ice of the City Secretary,City Hat 444 4th Street or P.O.Box 1089.Port Arthur.Texas 77641 r. ter than 3:00 p.m.,Wednesday,February 12,2025 and all bids received will thereafter be opens id read aloud at 3:15 p.m.,on Wednesday,February 12,2025 in the City Council Chambers.Si oor,City Hall.Port Arthur.Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.ASPHALT,OIL&EMULSIONS 3.CONCRETE BUILDING MATERIALS ,ds received after the deadline stated above.regardless of method of delivery,will not be oonsiderE id returned unopened. opies of the Specifications and other Contract Documents are on file in the Purchasing Office,44 th Street,City of Port Arthur, and are open for public inspection without charge.They can also t :trieved from the Citys website at wwv+.portarthurtx.govibids.aspx or www.publicpurchase.com. 'er Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall n ward a contract to a company that is in areas in its obligations to the City. ` .fA PUBLIC NOTICE canoe Vd�liams CITY OF PORT ARTHUR,TEXAS Purchasing Manager ADVERTISEMENT FOR BID Notice is hereby vae Cy A will ce of the City gi Secretaenthatry,seCityled Hallbids,444 4th Streetaddressed ortothP.O.it Box of 1089Port,Portrthur,Arthurbe,Texas received 77Ctiat41 nothe later Offithan 3:0D p.m.,Wednesday.February 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,February 12,2025 in the City Council Chambers,5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as: 1.ROAD BUILDING MATERIALS 2.ASPHALT,OIL&EMULSIONS 3.CONCRETE BUILDING MATERIALS Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office.444 4th Street, City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov;bids.aspx 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 im obligations to the City. Clifton Williams Purchasing Manager P.R. No. 24202 E h • b • t 13 (Bid Tabulation) I 1 I I aa -0 -o v q -- -7 0 -0 O -o U .. a` x � v, m c,i _ = x m m a7 C.� cn o N N c „r', c .c 0 o C C C 3 Z s� Z Z Z z Z ZZZZ X I O © C - © C C -0 -0 -0 -0 3 .7 "0 ,J = c c " = (0) • CC = CC CC CC = = O c C O` N M N C C C C r. iA. v?. Z z ' 6g z z z Z z z z z. O cC L f it ct c tr.. U dt -6 C "0 0 L7 "0 0 '0 v c a C x L^ N - Cr ^ 'L^ CC ^� 0n ^..' 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(..., u < = % Ln ,E ,... :',..., .0 c.) ,. •-,.., !...- (i) .= - 1.) _ -, - „, ••,,; (-•-•, - ._ CZ: 0 v: - -• -0 ••,-, c ..f. 7.,., Z•2 ca -. >, a ... r..- 4.) 0,,, „.,,, -...... r.-1 7:: ' -14 a.) CC 11 -= 7 u _c c.., `,. 2ct-4 O, ,-) ;-,. 7 .' 8. ;T:' E cm. 51, 72. = t-4, =• = = rA . g 7 ,.. o --r cc 1-t' ,-...- a _.: ,,-, E-- < = c.._, = E- (•.., Y'• Y.' C..i b 5. 'C 5 v-, (...) .,., _ >, - u :1) La E cz -0 (-1 ,-, -cr ,r, -.0 r oc 0' 8 0 — ,-1 ....;,--- 2 •= co _ .... — — •‘.. ri8 ...., ca •-• as ,0 '' ,)- P.R. No. 24202 E h • b • t (Purchasing Contract Agreement— Mid County Land Co., LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Mid County Land Co., LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. Item Description UOM Primary Vendor No. Stockpile Plant Worksite 11 Concrete $46.00 $34.00 $46.00 rubble 0"-8" Ton Mid Mid Mid size mixed County County County 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond C-1 j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of 2025. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST MID COUNTY LAND CO., LLC BY CITY SECRETARY C-2 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of 3} l\\ A SHERRI BELLARD,TRMC COUNCIL MEMBERS: `♦`y � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III I t 1,r` DONALD FRANK,SR. JANUARY 23,2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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, February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-021 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 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Chotm, Gaigiartz- Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.- PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/2" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passin 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 'A sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment,whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type "D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 10. A. 1/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid $ !ton $ /ton $ /ton 11. Concrete Rubble, 0"-8" size mixed $-40 /ton $ 3-4/ton $ -4 (P/ton -� //Z°i/2. Signature Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock S /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate S ,"ton S /ton S /ton Location of stockpile, plant or shipping point: a DO /rC/e, / a/e-e gill: C L,7 4- 7ICJ-40 lafeeCc9_ _ c5/0-144(fraid Cale, COMPANY NAME STREET ADDRESS SI N OF BIDDER P.O. BOX Pam Ver ,vt.,1 '7'76e-4'O saws ✓fe. .lnnQ' 7 7'? e,2-7 PRINT OR TYPE NAME CITY STATE ZIP .4Or?-7�3�e TITLE AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: • Printed Name: Title: /0 0/1-- ./Company: a.120/CoficOa-All1- Date: //Z°!/2�j SUBSCRIBED and sworn to before me by the above named T Y-0 J���✓l�on this the 2-v day of ,. LYE try( Y , 20 o f . 00_ LACEY FREGIA Notary Public in and for he OTARY State of Texas 4 PUBLIC STATE TEXAS r ;�'��� MY COMM.EXP.10/20/25 / NOTARY ID 13340398-5 My commission expires: I t Jj 25 Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: 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. /7Z C L (.arzfe69 /Z`I/ 5 Firm Name -- Date Authorized Signature Title , ei VIA/2812 -4J%- '7 ce Name(please print) Telephone /2/1-C C6 - Z,2/Z a1 q '- Email STATE: . ^^I- XCr,CN COUNTY: V�iffit Y1 SUBSCRIBED AND SWORN to before me by the above named �'� �,\�- S " Oi/V'U >l on this the day of 3-0t141iWt VI j , 20 . _ � I'Ott, LACEY FREGIA ,'�• NOTARY PUBLIC r ` STATE OF TEXAS Notary 'ublic MY COMM.EXP.10/20/25 NOTARY ID 13340398-5 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176.Local Government Code,by a vendor who Data Recaived has a business relationship as defined by Section 176001(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 thar 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. ✓V,4? J n l l 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. 17f Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes No B Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J 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. J — Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003iai(2)(B). excluding gifts described in Section 176.003(a-1). ?i Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state tx us Revised 11.30r2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi Docs/LGrhtmiLG.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 tee 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 govemment 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 wmv ethics state.tx us Revised 11 30:2015 Page 13 of 20 House Bill 89 Verification l ,' /zDe ltte 2 (Person name), the undersigned representative (hereafter referred to as "Representative") of 472td C6 f1- La,'a c (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE UBSCRIBED AND SWORN TO BEFQ9RE ME, the undersigned authority, on this Z -day of ICI Y1 AO4I '. , 20d . LACEY FREGIA NOTARY PUBLIC STATE OF TEXAS F�> MY COMM.EXP.10/20/25 NOTARY ID 13340398-5 OkLUftl'()/6/ ,P�Jotary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, / ����� , the undersigned an representative of fAi d c t!tZ/ (2/zt (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. Name of Company Representative(Pri Signature of Company Representative Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R. No.24202 E h • b • t D (Purchasing Contract Agreement—Vulcan Construction Materials, LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Vulcan Construction Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. D-1 J w P O F 2 n " O n a Q' D CD O CD CD CD 0 CD CD A CD n Cl. 0 CD n p. DC 0 CD aCD A.. ti7 CAD a. ti7 O A CD z z 0LA z z z R a a o a a a by 2. `'' C � ynCts C � 2 C � �yto • 00 j 0 0 0 CI z z 0t0W z zws v a logo a a et C N c � c � c o � o z z � N oN n N a ao cet ( et � n .0 . ° O v a i , � z � c ° - z z z ' C4 - � a a a g . E , _ z � z Z z Zo A y a et o Z 0 � z z z z a a s a a r e 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,successors, and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of 2025. A I"I EST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST VULCAN CONSTRUCTION MATERIALS, LLC BY CITY SECRETARY D-3 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 rthur ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Th.ras DONALD FRANK,SR. JANUARY 23, 2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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, February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-021 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 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1%' 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C 150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp:aftu.dot.state.tx.us/pub/txdot-info/aes/spec-nook-1114.naf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate S i2 tIi ton S LID /ton $iti.47/ton B. Type"PE" Grade 4 Precoated Aggregate $iZ$.11 %ton $ 6'1 /ton $Rt.tip/ton 2. Blackbase $ NA /ton $ J3) /ton $ 1\J1)/ton 3. Limestone $45,51)/ton S � /ton SL13.51)!ton 4. 610 Base Limestone $ .50/ton S 5Z- /ton S 57 5D/ton 5. Type"D"Hotmix Asphaltic Concrete PVT S M b /ton S N3 /ton $ NF3 /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ito2! /ton $ /ton S 1102.47ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $230'.H7/ton S ‘11- /ton $ Z0i.47ton Pavement 8. Romayor Sand $I•kb /ton $ I\a, /ton $ N /ton 9. Cement Stabilized Sand (Base Bid) S i T 'ton S Nil) /ton $N /ton 10. A. 'A sack incremental increase to base bid S N.) 'ton S L? /ton S NtZj /ton B. ''A sack incremental decrease to base bid S N?') /ton S 1\V6 /ton S $13 /ton 11. Concrete Rubble, 0"-8"size mixed S IS?) /ton S NC5 !ton $ NCB /ton 7e Signature Date Page 8 of 20 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock S Ivy /ton $N'v /ton S N /ton 13. Grade 4 Commercial Rock S ‘4 /ton $ N /ton $ Nb /ton 14. 5/8" Limestone Aggregate S N /ton S !h /ton $ NR) /ton Location of stockpile, plant or shipping point: r-\ Z, C,71 ' (..w W tCt (it N vL 6'1W eau d.L3: 1t.c 10t0 .Y.u,,n; S60 Save COMPANY NAME STREET ADDRESS Arl i-t n to IrLai-k k. ' D o ( iglS50 SIGNATURE OF BIDDER P.O. BOX RL anr?t 6:m i-1 i, . n h q 1 )) .10214 PRINT OR TYPE NAME CITY STATE ZIP ScW-s I i4tirt Zi6 - 9'66 — CLigl TITLE AREA CODE TELEPHONE NO. dl.h v i 1Y\ G% 1411(;i7 4i I. t4 m j t0 5 Zit- 5555 EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone a bid committed anyother act of acting for the firm, corporation or institution submitting collusion related to the development and submission of this bid proposal. Signature: - Printed Name: vu. Lyl1 t �, b1Y1 te}� �J Title: SGULL'i Company: �,�l�1LLLr1 (.ifY r J [ tiLE.4-1 610 I1-1 -/ert et i S L G Date: G _ 3 - .'- SUBSCRIBED and swan to before me by the above named .,),ii�(,1. KG'l't (- on this the tC day of F60tu;:vt, , 20 25 . _ TAYLOR WITTE Notary Public in and for the f Texas z,. Notary Public,state State of Texas Gomm.Expires t 2-02-2C25 Notary ID 133471642 My commission expires: !Z j g,7/ZO7�j 19 Page 10 of 20 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I fu her 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. V [ vl ChV1 I Un _Nl`O.keir\C4I S T t 1L C `2-/1C/ZS Firm Name Date A horn d Signature Title Gt TaNrc-GY 2,P -c -04(44 Name (please print) n Telephone ('(1(,\Yl(1 tiu Q.,(Y1 \. r'''\c.4 c-k.\ . t b Email ";;14 TAYLOR WITTEN STATE: -1-C V) _r°,' r+ Notary Public,state of Texas :".: `t= Comm.Expires 12-02-2025 1‘E1V Notary ID 133471642 COUNTY: .BeXr,�y SUBSCRIBED AND SWORN to before me by the above named 1(,�r(C.A V on this the 10 day of ✓t!' . 20 25 . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176 Local Government Code by a vendor who pate sca��ad 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 data 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. 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. 1/Uvhe' -- Name of Officer Al 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 No a 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 No J 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. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8). excluding gifts described in Section 176 003 a-1) 1 Sig lure ok.v4(idor doing business vrth the governmental entity p to 7orm pri ide 6y Texas Ethics Commission wew ethics state.tx us Revised 11.30.'2015 Page 12 of 20 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:riwww.statutes.legis.state.tx.usi DocsiLGlhtmiLG.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 govern mental 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.stately us Revised 11 302015 Page 13 of 20 House Bill 89 Verification I, ,),;\16:1C.l'rrAV (Person name), the undersigned representative (hereafter referred to as "Representative") of CCA,A I.0(6.\-1%A,‘+(, LACClGA L c-C (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Sf 3NATCIRE OF REPRESENTATIVE uF. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I0 day of felrj , 20 Z . L i/L-) Notary Public ;``y�P,'‘ TAYLOR WITTEN ,,,,;VP,;‘,„ Notary Public,State of Texas :'.. Comm.Expires 12-02-2025 }'-ZoF, " Notary ID 133471642 f.. Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, \.111U K`c-c,u( , the undersigned an representative of \I J LCil C�r� rt,�4 an IWAke)ri G I5 (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. ,,JAI\i Gl FOti usl Name of Company Representative (Print) • Si ature of Company Representative /1u J zs- Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https: :www.ethics.state.tx.us,"filinginfo conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair. competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the hid 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 or apcportarthurtx.gov. Page 17 of 20 mippwwwwwwainimirr PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal'shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying, money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur. its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person 1$1,000,000 per occurrence for contracts in excess of S 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 S500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are S300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R. No.24202 E h • b • t E (Purchasing Contract Agreement—Martin Marietta Materials, LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Martin Marietta Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. E-1 — . .0 00 ,..0Z N m Cr DI '#C" C N 7C � N o+ AD O C b. p 0 D3 a C 0 .. E. H H H H H cA a a cp' . or z Z z Z Z bso a a a a a a co ow o z z z z z v a a a r co g5' o a 5' o va g 5' o a c) n 0 0 4 4.. H n4 v, -3 en b e 00 0co i l g o o g o o � g o o r' r.. CD CU o 5 o gAD AD AD o o o A en z z AD oo z z F.,a a Vz a a z a ° O yoo CS c CS CI 44 o � a a aa. o r 5. The term "Contract Documents"means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of 2025. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST MARTIN MARIETTA MATERIALS, LLC BY CITY SECRETARY E-3 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPI DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM f SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t It tt ROXA.\N PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW, DONALD FRANK,SR. JANUARY 23,2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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,February 12,2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-021 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.wil liams(cportarthurtx.gov Purchasing Division/Finance Department 1 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 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) • FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No I 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: Pate 3of20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION- PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)" A. Type"PE" Grade 3 B. Type"PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 V4" to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type UA ". Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/2" 100 1" 90-100 '/<" 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways. Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (Q!QC). „ 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt (QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- I/2 sack; or, will be considered base bid. ',/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 V2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '4 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0?5" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp:/ftp.dot.state.tt.us'pubittdot-info:des"spec-book-1I14.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $45.00 /ton $40.00 /ton $46.00 /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $55.00 /ton $50.00 /ton $56.00 /ton 9. Cement Stabilized Sand (Base Bid) $48.00 /ton $40.00 /ton $49.00 /ton 10. A. %sack incremental increase to base bid $5.00 /ton $5 00 /ton $5-00 /ton B. %2 sack incremental decrease to base bid $5.00 /ton $5.00 /ton $5.00 /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton 2/11/25 igna e Date Page 8 of 20 womor- CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ Iton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point:2190 South Gulfway Drive, Port Arthur 2525 Dollinger Road, Beaumont, TX 77701 Martin Marietta Materials, Inc. 5675 Fannett Road COMPANY NAME STREET ADDRESS S AT i'i.�� ��� F`, BIDDER P.O.BOX — — Bill Kelley Beaumont TX 77705 PRINT OR TYPE NAME CITY STA 1'h ZIP 409-835-4933 Sr Sales Representative TITLE AREA CODE TELEPHONE NO. william.kelley@martinmarietta.com EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15,01, of 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: c4-14",_ Printed Name: BIM Kelley Title: Sr Sales Representative Company: Martin Marietta Materials, Inc. Date: 2/11/25 SUBSCRIBED and sworn to before me by the above named ail Ian on this the 11 41°' day of` , 20 • C &Jc ,1.V1/,;, AMI DORN Notary Public in and for the Notary Public,State of Texas State of Texas ;m: r�: Comm.ExpiresD7-07-2027 4,00 NatAry 10 128667860 My commission expires: C1-61- Page 10 of20 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. 2/11/25 Firm NameDate ; Sr Sales Representative A thori e nature Title Bill Kelley 409-835-4933 Name(please print) Telephone william.kelley@martinmarietta.com Email STATE: Jt,t COIINTY:LJe , to ..- SUBSCRIBED AND SWORN to before me by the above named 2//ILLfitej___ on this the /i li` day of db14.14. _ ,20 . �i�u,,,,'� AMI DORN CiT-- stA', ,tlre J {,�Ya�°, Notary Public ?r°:' �=.Notary Public,Step: of Texas f0� +�= Comm.Expires 7-07-2027 � „„;; Nat4rq ID i t8667860 i ,r _ tti,I ury THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 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 178.006(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. J I I 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.) 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 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 Ti 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, 1.1 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). •. 2/11/25 Signatu._ vet dor d n usfness with the governmental entity Date Form provided by Texas Ethics Commission wFwv.ethics.state..tx.us Revised 11130±2015 Page 12 of 20 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:iiwww.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§176.003f 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 memberof 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. F rm prev ded'oy Texas Ethics Commission 'WNW.2!hiCs.s tat e.tx us Rev'sed 11 302015 Page 13 of 20 House Bill 89 Verification I, Bill Kelley (Person name), the undersigned representative (hereafter referred to as "Representative") of Martin Marietta Materials,Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2, That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGN TURF • f2 RESENTATIVE SUBSCRIBED,ND SWORN TO BEFORE ME, the undersigned authority, on this J/'61- day of 4thug.at , 20 �""r'v`'•,, AMI DORN `.- Notary Public,Staje of Texas `(, `. �� Comm.Expires 67-07-2027 '�,,,°;,�r` NnVt y ID 1 E8667860 Notary Public Page 14 of20 SB 252 CHAPTER 2252 CERTIFICATION 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) S , a re of C pany Representative 2/11/25 Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R. No. 24202 E h • b • t F (Purchasing Contract Agreement—Texas Materials, a CRH Company) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Texas Materials, a CRH Company hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. F-1 — Zp �l 01 to -P N *0 P O 5 5' ''' (4 n o o o� x o `' o x b o o '-3 -.• °1 Cd C7 �, •� as c is o C `c o A) N ro" n Q,• Q. 5 0 0 t 0 ems' 0 0 t9 ¢" .�'• H ,o•� t 0 a �' A V . 6' N 0-0- d Ste• • = N .8-- C d ?7• �„• e x p �. O a n co 0 0 0 0 0 0 0 0 4 4 bs 4 6s 4 kA 4 69 5.1 Z z w QC• X • Z CD cof. cr, A a a AD AD cn O A) v) O O > v' O D NO r. 4 B Z z z z � � oc z � a a a a . y • CA a yep c. �• w sw • .+• !v a y u O c O O O flf 4 11 Z '� n Z Z Z � coLA Z et N 9 CAV 0 o a a a • P o a b F A O Z -i n P (HD ' Z ►'3 n pa , b to C c. 4 'US 4 H s9 ■0 a AV) o a a a � � o a C c, 4, oo z z z z z ' V) a a a a a g ozP �. y a rpp X 0011 O O Z x Z Z Z 3 q P• v) o z a ti o a a a ro o. © r,• A) o a a a a a a r cr O • pl C • CD CD n pg- O 0 c CD -' �• N � 'L7 • cp v, R rr w a b ro A b - a a `� c ° 0 z O• � 5 z a z O eD 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2025. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST TEXAS MATERIALS, A CRH COMPANY BY CITY SECRETARY F-4 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, - CITY MANAGER MAYOR PRO TEM Cih of £<_ } -- SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD or t rthur ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III I( ?<< DONALD FRANK,SR. JANUARY 23, 2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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, February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-021 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 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/z" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAD) ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/z sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pun/txdot-info/des/spec-nook-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12,2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $N/A /ton $N/A /ton $N/A /ton B. Type"PE"Grade 4 Precoated Aggregate $N/A /ton $N/A /ton S N/A /ton 2. Blackbase $125.00 /ton $115.00 /ton $125.00 /ton 3. Limestone $77.00/ton $65.00/ton $77.00 /ton 4. 610 Base Limestone $58.00 /ton $52.00/ton $58.00/ton 5. Type"D" Hotmix Asphaltic Concrete PVT $135.00/ton $121.00/ton $135.00/ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $138.00/ton $125.00/ton $138.00/ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $153.0Qton $140.09,ton $153.09,ton Pavement 8. Romayor Sand $N/A /ton $N/A /ton S N/A /ton 9. Cement Stabilized Sand (Base Bid) $48.00/ton $40.00/ton $48.00/ton 10. A. '/z sack incremental increase to base bid $6.50 /ton $6.50 !ton $6.50 /ton B. '/Z sack incremental decrease to base bid $6.50 /ton $6.50 /ton $6.50 /ton 11. Concrete Rubble, 0"-8"size mixed $N/A /ton $N/A /ton $N/A /ton f� /./2( February 12, 2025 Signature Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock N/A /ton $N/A /ton $N/A /ton 13. Grade 4 Commercial Rock S N/A /ton $N/A /ton $N/A /ton 14. 5/8"Limestone Aggregate S N/A /ton $N/A /ton $N/A /ton Location of stockpile,plant or shipping point:860 Pine Street, Beaumont, TX 77701 6024 Chance Drive. Beaumont, TX 77705 Texas Materials, A CRH COMPANY 12907 US Highway 90 COMPANY NAME STREET ADDRESS 41 P.O. Box 20779 OF BIDDER P.O.BOX Scott Blanchard Beaumont, TX 77713 PRINT OR TYPE NAME CITY STATE ZIP Assistant Secretary 409-866-1444 TITLE AREA CODE TELEPHONE NO. scot blanchard©texasmaterials.com N/A EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: / f Printed Name: Scott Blanchard Title: Assistant Secretary Company: Texas Materials, A CRH COMPANY Date. February 12, 2025 SUBSCRIBED and sworn to before me by the above named Scott Blanchard on this the 12th day of February , 2025 . /1 Notary Public in and for the �� NotaryPAU ID R MINE 11795 State of Texas .JL #1179575 a My Commission Expires '�aF``''. May 9, 2025 My commission expires: May 9.2025 Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Texas Materials, A CRH COMPANY February 12. 2025 Firm N e Date /ft./ .0 Assistant Secretary Authorized Signature Title Scott Blanchard 409-866-1444 Name(please print) Telephone scott.blanchard@texasmaterials.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Scott Blanchard on this the 12th day of February ,20 25 * „ PAULA ROMINE , r*i Notary ID#117957.5 ..._ Public „,,F 7,t< My Commission Expires � May 9,2025 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 4 II ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ F vendor doing business with local governmental entity This ques' nnaire reflects changes made to the law by H.B. 23, 84th Leg-, Regular Session. OFFICE USE ONLY This questions 're is being filed in accordance with Chapter 178. Local Government Code,by a vendor who Date P€ceivad has a business lationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets req 'ements under Section 175.006(a), By law this questionn a must be filed with the records administrator of the local governmental entity not later than the 7th business d. after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.00:'a-1).Local Government Code. A vendor commits an offense' the vendor knowingly violates Section 176,006. Local Government Code.An offense under this section is a •isdemeanor. J Namq of a or who has a •usiness relationship with local governmental entity. s\...,. J n I I Check this box if you are film,an update to a previously filed questionnaire.(The law requires that you file an updated ' 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 origi :illy filed questionnaire was incomplete or inaccurate.) A Name of local government officer about w •m the information is being disclosed. N:me of Officer ,J Describe each employment or other business rela •nship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also•escribe any family relationship with the local government officer. Complete subparts A and B for each employment or bus •ess relationship described. Attach additional pages to this Form CIQ as necessary. I A. Is the local government officer or a family member of the.fficer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes No 9 Is the vendor receiving or likely to receive taxable income,other than i estment income,from or at the direction of the local government officer or a family member of the officer AND the f. able income is not received from the local governmental entity? Yes No 7 l IJ Describe each employment or business relationship that the vendor named in Section 1 maint. •s with a corporation or I other business entity with respect to which the local government officer serves as an officer o director, or holds an ownership interest of one percent or more. 11 Check this box if the vender has given the local government officer or a family member of the officer one or re gifts as described in Section 176.003(a)(2)(B) excluding gifts described in Section 176.003ia-1) ' 7 February 12, 2025 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www ethics state tx us Revised 11'30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us! Docs/LG/htm(LG.176.htm.For easy reference;below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2t(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-11 (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 I1'30,2015 Page 13 of 20 House Bill 89 Verification Scott Blanchard (Person name), the undersigned representative (hereafter referred to as "Representative") of Texas Materials,A CRH COMPANY (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1 . That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. /I SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 12th day of February , 2025 (e? .�'"'w PAUTA ROMINE Notary ID#1179575 ��4 : My Commission Expires [[ Notary Public May 9,2025 Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I,_ Scott Blanchard ,the undersigned an representative of Texas Materials, A CRH COMPANY (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Scott Blanchard Name of Company Representative(Print) Lae Signature of Company Representative February 12, 2025 Date Page 15 of 20 DATE(MMIDD/YYYY) ACc® CERTIFICATE OF LIABILITY INSURANCE 9/5/2024 THIS TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT ValerieReece -- PRODUCER NAME: F _ -- ---- - Liberty Mutual Insurance Co. National Insurance East PHON a EXtI 513-867 3822 (ac No) AX Wausau,WI 54403 500 N 3rd St, Suite 300 EL ADDRESS: Oldcastle.certs@LibertyMutual.com INSURER(S)AFFORDING COVERAGE - NAIC X www.LibertyMutual.coIP INSURER A Liberty Mutual Fire Insurance Company_.._ 23035 INSURED INSURER B Liberty Insurance Corporation 42404 Texas Materials Group, Inc. (211-BEA) INSURER C. 12907 US Highway 90 INSURERC Beaumont TX 77713 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 81776950 REVISION NUMBER: THIS IS TO ERIFY THAT THE ICY NDICATED.CNOTTWITHSTANDNGO ANY IREQUIREMENT, TERM OR CONDITION OFBANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE WHICH PERIOD WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH _. ..____ POLICY EFF POLICY EXP LIMITS ILT R TYPE OF INSURANCE IADDLSUBR p'.VJVD POLICY NUMBER (MMIDOIYYYY) IMM/DDIYYYYI LTR A ✓ COMMERCIAL GENERAL LIABILITY / iT62-C81-004095-114 9/1/2024 9/1/2025 1 EACH OCCURRENCE $2,000,000 _ _ ..._ i . _ DAMAGE TO RENTED $300,000 1 CLAIMS-MADE ,/OCCUR PREMISES(Ea occurrence) ...._. XCU Coverage Included MED EXP(Any one person) $50,000 ✓ Primary/Non-Contributory PERSONAL BADVINJURY l $2,000,000 I ✓ Separation of Insured -- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S10,000,000 POLICY ✓ PRO- LCC PRODUCTS-COMP/OP AGG S 10,000,000 -- .iECT $ OTHER. ,COMBINED SINGLE LIMIT $ A AUTOMOBILE LIABILITY ' / ✓ AS2-C81-004095-124 9/1/2024 9/1/2025 (Ea accident) 2,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED `SCHEDULED AS2-C81-054502-524 9/1/2024 9/1/2025 BODILY INJURY(Per accident) 3 •AUTOS ONLY _____AUTOS Physical Damage only- ----- HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY - Comprehensive Ded$10.000 (Per accident) _- $ Collision Ded$10,000 A UMBRELLALIAB i 'OCCUR i ✓ TL2-681-054523-924 9!1/2024 9/112025 EACH OCCURRENCE $3,000,000 -- — (General Liability) AGGREGATE $3,000,000 / EXCESS LIAR CLAIMS-MADE r...... -- ' ;Various—See Attached DED RETENTIONS Products/Completed Op$$3,000,000 B 'WORKERS COMPENSATION / WA7-C8D-004095-024 9/1/2024 9/1/2025 ,, PER GTH- I STATUTE ER - -- AND EMPLOYERS'LIABILITY YIN All except OH,ND.WA.WY I ANYPROPRIETOREPARTNER`EXECUTIVE 'F L EACH ACCIDENT i Si 000,000 OFFICERIMEMBEREXCLUDED? I N N I A• t L DISEASE EA EMPLOYEE S 1 OQQ�O0 _ B •(Mandatory inNH) WC7-C81-004095-014 9/1/2024 9/1/2025 - -"""-"- If yes.describe under WI,MN E.L.DISEASE POLICY LIMIT S 1 OOO,OOO DESCRIPTION OF OPERATIONS below A Excess Liability-Auto Liability .✓ ✓ TL2-681-054653-444(Auto) 9/1/2024 9/1/2025 Each Occurrence $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS'VEHICLES (ACORD 101,Additional Remarks Schedule.may be attached if more space Is required) City of Port Arthur.Texas,its officers,agents and employees are listed as additional insured with regards to the general liability,automobile liability,and excess liability policies.on a primary and non-contributory basis,where required by written contract. Waiver of subrogation is included in favor of the additional insured.where required by written contract,and where applicable by law. 30-day Notice of Cancellation.except for 10-day Notice of Cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Port Arthur TX 77640 AUTHORIZED REPRESENTATIVE JJf Valerie Reece ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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.hun By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other defmition 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 or ap@portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 1 P.R. No. 24202 E h • b • t G (Purchasing Contract Agreement—Modern Concrete & Materials, LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Modern Concrete & Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. G-1 0-1 W O 00 W �U O e " n cr. `.' E. \ c' U' n v' `� = 01 r d 0 0 P a: a ru 5 o CD Fr PO ' N'r �� a. cP co CD CA cr CD n p `�' o "C `- D o a- o a. O0 o a. w n Cl., J Z z N O O O ` CaD O - ro . o � 0W 0o 94 � Z zz a a > �. co O co, ev a. goo, 0o �, o � o '-i, z z 10 � CD tC BC 0 o oDa r 4 c) Z z Z z z z N a a a a a a b . (A Fr n 0 n 0 o o ON z z z z oo a � ngo a a a a Cz � c o. 0 z Z Z Z Z z a a a a a a r r. 0 Z Z Z Z 0o , a a a o o� � y n Z Z Z Z 0 � W oo � I a a a > oz � ,/, a. Z a a on 0 on 0 o> 80 a � ° ` or O F,c, O 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of 2025. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST MODERN CONCRETE & MATERIALS, LLC BY CITY SECRETARY G-3 THL`RMAN BILL BARTIE,MAYOR ` RONALD BURTON,CM( DONEA\E BECKCOM, d CITY MANAGER MAYOR PRO TEM Ctrs of *14 SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE B_aE LEWIS,JR. TIFFANY L.HAMILTON EvERFIELD r)r4.zi; _ ROXANN P.•LIS COTRO\EO HAROLD L.DOCCET,SR. CITY"ATTORNEY THONIAS KINLAW,[II I�a.rfrs DONALD FRANK,SR. ORIGINAL JANUARY 23,2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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,February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-021 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,4`h 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 c lifton.williams(alportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 1089 1 444 41h Street I Port Arthur,Texas 77641( 409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. )life) 61_94 ca-nr Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET—PAGE 8 B. NON-COLLUSION AFFIDAVIT—PAGE 10(MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION—PAGE 14 F. HOUSE BILL 89 VERIFICATION—PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/z' 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passin 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment,whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock • 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pub/txdot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type '`PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton NO BID B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton NO BID 2. Blackbase $ /ton $ /ton $ /ton NO BID 3. Limestone $ 47 /ton $ 40 /ton $ 50 /ton 4. 610 Base Limestone $ 60 /ton $ 53 /ton $63 /ton 5. Type"D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton \0 B 1 D 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton NO BID 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton NO BID Pavement 8. Romayor Sand $ 47 /ton $ 40 /ton $ 50 /ton 9. Cement Stabilized Sand (Base Bid) $ 43 /ton S 36 /ton $ 46 /ton 10. A. 'h sack incremental increase to base bid $ 48 /ton $ 41 /ton $ 51 /ton B. 1/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton NO BID 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton NO BID 2/10/2025 Sig ure ` Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton NO BID 13. Grade 4 Commercial Rock $ 59 /ton $ 52 /ton $ 62 /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton NO BID Location of stockpile. plant or shipping point: Modern Concrete&Materials LLC COMPANY NAME STREET ADDRESS PO BOX 21557 SIG F BIDDER P.O. BOX Tommy Alexander BEAUMONT TX 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager 409-842-2100 TITLE AREA CODE TELEPHONE NO. i frederick�a'�.modernconcretetx.com EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: T my Alexander Title: Sales Manager Company: Modern Concrete & Materials LLC Date: 2/10/2025 SUBSCRIBED and sworn to before me by the above named `1,�ri` t,d c.r- on this the I 0 day of re-bruar. , 20 -s' . Notary Public in and for the �.. rr ROME State of Texas Notary ID M10462Ito153 i My Commission Expires April 10,2028 My commission expires: 4j►0) -C2 Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Modern Concrete & Materials LLC 2/10!2025 Firm Name / Date �( �� Sales Manager Au rued Signature Title Tommy Alexander 409-842-2100 Name(please print) Telephone jfrederick@Modernconcretetx.com Modernconcretetx.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named —rvrn w.,j A tt e..-and er on this the J rP4 day of c b r:-tar .20 . I lti TAMMY ROMERO Notary I0 W10462153 Notary Public My Commission Expires April 10, 2028 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 64th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Data 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. N/A 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 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. 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? Ti Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the kcal governmental entity? 7 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. TiCheck this box if the vendor has given the local government officer or a family member of the officer ore or more gifts as described in Section 176.003(a) 2)(B), excluding gifts described in Section 176.003(a-1). jj Signa of vendor rig business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 1 t'30,2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:!/www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to;that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence. or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware. (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer, worm provided by Texas Ethics Commission www ethics state.tx us Revised 11'30/2015 Pave 13 of 20 House Bill 89 Verification Tommy Alexander (person name), the undersigned representative (hereafter referred to as "Representative") of Modern Concrete & Materials LLC (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. SIG URE O EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I v' day of t;-e-b r-ccz rcj , 20 2S. rvuj- Notary Public -- — C TAMMY ROMERO ! et Notary ID#10462153 r . My Commission Expires April 10, 2028 Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I,_Tommy Alexander , the undersigned an representative of Modern Concrete&Materials LLC (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. _Tommy Alexander_ Name of Company Representative(Print) Si ature o ompany Representative _2/10/2025® Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 17 of 20 of the original invoice and the acceptance of PAYMENT: Payment will be made upon receipt P the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R. No.24202 E h • b • t H (Purchasing Contract Agreement—Brauntex Materials, Inc.) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT, made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Brauntex Materials, Inc. hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1) year from the start date on the Notice to Proceed. 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 Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. G-1 — — --• CT N -4, w N c' AD s r2 = o o C) o o o v1 o x Cd v� '0 cr�c 3 C7 0 CD �. .. 6 CD R. Ci7 co Q.. Cr7 .... AD 0 4 0 b�7 � Cd � Cd fs � t�s G C z 0 0 z z o 0 p no a o a a co a b N k AD N IV z Z zIV O ti 0 f O vl G N r no o ko a CDo a a p 5Fvs � vs Co s � � � ° 0 0 O Z 0 O z Z 0 O 0 ►% ao a a X x X C X C etz z AlW z Z N a oa a aCD 0 , o X x C X CeD A O Cd CO Cd 0 Z z z � � z 0 - AD � IV aa 0 V, 0 �, OLA m CD C a CD C X C A C3. Cd bs CO ys Cd t. •• ° ai ,00a �P- a a 0 0C) r cP C o u k X C X C a 4 z z z z z z z r- a a a a a v g- y ft 5. Z z z z z z z a a a a a a a Pft 0 01.1 z z z z z z z a a a a a ';-- a -. 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2025. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025. ATTEST BRAUNTEX MATERIALS, INC. BY CITY SECRETARY G-3 F ORIGINAL THURMAN BILL BARTIE,MAYOR 1, RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER Founty MAYOR PRO TEM Cityof c SHERRI COUNCIL MEMBERS: ,E )�� CITY SECRETARY TRMC WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t fr It r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. JANUARY 23,2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 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,February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P25-021 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 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET—PAGE 8 B. NON-COLLUSION AFFIDAVIT—PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION—PAGE 14 F. HOUSE BILL 89 VERIFICATION—PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation Sieve Size % Passing 11/Z' 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment,whether additional or less,will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. Page 6 of 20 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Spec book is available at ftp://ftp.dot.state.tx.us/pubitxaot-info/des/spec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense. No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 20 tea . irr CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ 46 /ton $ t'IS /ton $ 1(0/ton B. Type"PE" Grade 4 Precoated Aggregate $ (14 /ton $ LiS/ton $ (10 /ton 2. Blackbase $ 137/ton $ 77-/ton $ 13-) !ton 3. Limestone $ /ton S /ton $ /ton 4. 610 Base Limestone $ /ton S /ton S /ton 5. Type"D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ I(.40/ton $ 15 /ton $ I 0/ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton S /ton $ /ton Pavement 8. Romayor Sand S /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton S /ton 10. A. '/2 sack incremental increase to base bid $ /ton S /ton S /ton B. 1/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton Signature Date Page 8 of 20 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ 4 /ton $ /ton $ al() /ton 13. Grade 4 Commercial Rock $ 9 t /ton $ -7-G /ton $ 9 o i ton 14. 5/8"Limestone Aggregate $ 90 Iton $ /ton $ ci O/ton Location of stockpile, plant or shipping point: I Sp-7 O)c 7S+3 ?ravrr!-cx 1c - riaLc, ISM e4 COMPANY NAME STREET ADDRESS A 12 31� , Z SIGNATU' BIDDE P.O. BOX PRINT OR+PE NAME CITY STATE ZIP Con-rrailt spa ift (e-24c-c021 TITLE AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Wt tW 1 Title: aPrICt n .. Company: BrAi.) Pl atlY lc, Inc . Date: �,frtr SUBSCRIBED and swgrn to before me by tFe above named ''t',t�I,�_ t� 1,.=,` ' 'f on this the 73' {-day of. 1 , 20. E' i 1 r f �w Sarah Kadarii Flores Notary Public in and for the eivARYPUBUC STATE OF TEXAS State of Texas NOT y �e ioA 10648187 cog cm,EXA.11-18-2028 t My commission expires: II a= !: = P Page 10 o120 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: 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. ru ' ' Werra/ t MU . z�3-ems Firm Name Date Authorized Signature Title w 1 (t i c nn .b• piSt-her "lots_ (o_L_t co Name (please print) Telephone Sa Iecca br- ctitriaff.CA'') Email STATE: COUNTY: COrn O4 SUBSCRIBED AND SWORN to before me by the above named ',l �tl ,th f'1 aC ` on this the 3 day of rc mat,vL, 20:,c) . V-1"6-4: ei‘Sarah Kaderii Flores NOTARYPVBLIC-STATEf}FrEXAS Notary Public • IOt 106418 COMM. XP11-1 88-20728 rs.rr RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a vendor who Data 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. &ta-n-t t m*-,ria 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. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B Is the vendor receiving or likely to receive taxable income.other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes 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. 'v Jc Check this box ii 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). /4•74*( -- -i ? Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11'30//2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE • For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:iiwww.statutes.legis.state.tx.us!' Docs/LGihtm/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 hasa 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. Faun provided by Texas Ethics Commission www.e.thics.state.tx US Revised 11 30:2015 Paae 13 of 20 House Bill 89 Verification 1 1 j ,�(c1,1"Y) b. F cI'er (Person name), the undersigned representative (hereafter referred to as "Representative") of 'RsiCUP-114t '1C rLC1 if , h ,_ (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. SIGNATUREb'F REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ;-' day of -re , 20z,,. Sarah KaderiiT Foot Notes {{ { VLJLLL, 1,1. `�.- '' \"t ofty COMtI.EXP.11-18-2028 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION FIRW , the undersigned an representative of 3M-)-)rviCt materiel/S, Thc (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. Name of Company Representative(Print) Signature of Company Representative 215/ Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641 or ap@portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20