Loading...
HomeMy WebLinkAboutPR 24443: RESCINDING RES 25-141, CONTRACT WITH SEVERAL COMPANIES TO PURCHASE ROAD BUILDING MATERIALS City of ort rtha�_ Teens www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 17, 2025 To: The Honorable Mayor and City Council From: Ronald Burton, CPM, City Manager RE: P.R. 24443 —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 and the Engineering Department. Background: The Streets Division of the City of Port Arthur relies on road-building materials—such as limestone, aggregate, and sand—supplied by contractors to maintain and rehabilitate City streets. In addition, the Engineering Department requires these materials to support street reconstruction efforts associated with the Port Acres Drainage Project. On May 7,2025,the City Council adopted Resolution No.25-141,authorizing the City Manager to enter into contracts with selected vendors for the purchase of road-building materials. The procurement was based on bids solicited through publication in the Port Arthur News on February 1 and February 5, 2025. However, following internal review, the Law Department and Purchasing Division determined that the solicitation associated with Resolution No. 25-141 did not meet the publication requirements mandated by Section 252.041 of the Texas Local Government Code, thereby rendering the solicitation process legally deficient. "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 To correct this procedural defect and ensure full compliance with statutory notice requirements, the City reissued the solicitation on April 30 and May 7, 2025, in the Port Arthur News. Five responsive bids were received and publicly opened on May 21, 2025, at City Hall. To maintain essential street operations and protect public safety, and in the absence of a valid contract following the prior solicitation, the City proceeded with the interim purchase of necessary materials from qualified vendors. These purchases, which were made during the gap between the expiration of the prior contract and the completion of the new solicitation, resulted in an approximate expenditure of$292,260.08. The City Council finds it in the public's best interest to ratify and approve the interim purchases to preserve service continuity and ensure compliance with applicable procurement laws. As a result of the re-solicitation process, five bids were received from the following vendors: • Texas Materials, a CRH Company, Beaumont, Texas • Vulcan Construction Materials,LLC, San Antonio, Texas • KAT Excavation and Construction, Sour Lake, Texas • Martin Marietta Materials, LLC, Beaumont, Texas • Modern Concrete&Materials, LLC, Beaumont, Texas Due to administrative delays, contract award is now being pursued. To ensure adherence to best procurement practices, the City requested and received written confirmation from the selected vendors that their original bid pricing and terms remain valid. Based on these confirmations,the City is prepared to proceed with execution of one-year contracts in accordance with Chapter 252 of the Texas Local Government Code. Staff has reviewed the bids and determined that the pricing is consistent with fair market value and comparable to past expenditures. These contracts do not guarantee any minimum purchase quantity to the vendors. Notably, three categories—Item 4 (610 Base Limestone, Primary and Secondary Vendors, Plant), Item 9 (Cement Stabilized Sand, Secondary and Tertiary Vendors, Stockpile), and Item 10b(Y2 Sack Incremental Decrease to Base Bid, Secondary and Tertiary Vendors, Stockpile and Plant)—received identical pricing from multiple vendors. As required, lots will be cast to determine the lowest responsible bidders for those items, with a total of four lots to be drawn. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 c1, . -- CT v, - w tv — — o .1 a' P O 8 y '7:$ o ' x b o PI o y C. c1 r '0 Ug y CM CIA y CD AD 0 ccD 0 �- °' o �C-3 0 ' CD o 0 0 a cra A a d s W + •••s pD z sn cr CD ••• CD o CD CD CD o cD et cn n cD 0 CD ta. Cil CD C.. ril ? CM 7s. o o cr : a CD 0 0 0 0 0 0 4 0 O cn O cn O O OPo O J CA C/D v .0o 2 00z < � yam' yn < sA 44kA < � < EA b � 0 0 p, a = < < 69 < be 4 A < � -, - '; A ,, _ A ° c � < o 4CA 00 et C Z = o a t� Z Z et X ^ � o D o pi. "0 7) eD ft o = O wo y pga .Z p o 0 CD ~' Z Z D o o v) • AD Z o C� o Po v, CD v <D X ''. CJ - a) a yv, 8 0 ill ri• P o a a y o o o o oo CD Iv w CD w z Z � o � � Z Z Zet a a 0" 0 O ▪• Pa O a a a �"0 0 et n bs gc cis aD' Z Z n Z Z� t,• o aa -o CID CD o z Z � a � Z z Z a a � o -yo N � O O 00 - z G too ci) p a. O0 O d _ 0 o 0., cD 0 H H H 0 0 H o 0 O 0 o 0 0 O y z CD X N N • n ° LA n. N n a n ° �D y et o CD 01 o ". LA n CD `O n•t CD!�D " C!�D 0 C X l''1 "� C N O O O CD R 00 R 0 CD R O v' O . eD. b0 ... 2 CD yw yam, 69 K co y 69 y w o C �_ _b 4 X r Z CD �t � �t >C N to cD W Vi CD x 00 n G. n A� d Ar 0 V) NO O V) 0 O P V) 0 C? CD 0 O C 0 '- vi cn to CD O D y w y � � y � 69 � � EA o � pH — CDC4 EA 4 CD > • P p ri• P C.n (-A H i.n O cn "t eD p • go W x = p to O !v to O O O O y O r O P v, 0 w CD eD a, 0 yy y y y y r 0 a H n a s vZ' H n a s s C I.) o 00 0 00 �. 00 00 �, v, o ' ,o P O O Xr CD O Z P O V1 Z O 0 v c4 et eD et oo *' 77 yy y7 yy o . = O a �] 0 a 69 0 a w a H b"9 b Ct. 00 z G. O O n a. n 0 L O �' A9 CD L1 ~ X 'C CD 5C OO a 69 O b9 Oa C VS N o z Qn C1 • n G • na Cm 0 Ooz . N . W N - Ca ,0 > ^t co •p "t CD p C "t eD `p CD D O n 'A N.) eD J A C•4 CA Hn y �j, 69 Hn c a a ° O E3 � ci' ° ° a y r rnZ P oo cA ... el) z z 1-3 n 00 � v 44E z z • cr . . o �. o - a 0 sw 0-3 u, 69 y rg 5 cc) �, cA o o P N o a a N `. 0 eT w z Oa oa a o VI CD CD 0 S. 0 0 0 O O Ai. ' c,D 0 ' .� X 5• X ^ ,-s o T � cA 0 O c-i • „ .0 5 O ch 2 1 rn n cc) -.1 r v — i O X '.'. V1 ^ A A A ^ A 00 CI Wr z z " � boy S � o et ' › VJ cO r. 00 N <D O, J W VI z z a a r ,.. y eD I a z : q 11 ° 0 a a r Budget Impact: Funds for the projected amount of $2,900,000.00 are 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 ($2,625,000.00), for various projects. Recommendation: City Council is recommended to rescind Resolution No. 25-14, in its entirety, as it pertains to the contracts for road building materials; ratify the purchase of road building materials in the projected amount of $292,260.08 from March 12, 2025 through July 25, 2025; and further authorize the City Manager to execute new contracts with Texas Materials, a CRH Company of Beaumont,Texas;Vulcan Construction Materials,LLC of San Antonio,Texas;KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; and Modem Concrete&Materials,LLC of Beaumont, Texas,to provide road building materials for the projected amount of$2,900,000.00. "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 PR 24443 07/17/2025 FCR/TR Page 1 of 4 RESOLUTION NO. A RESOLUTION RESCINDING RESOLUTION NO. 25-141 AS IT PERTAINS TO THE CONTRACTS FOR ROAD BUILDING MATERIALS; RATIFYING THE PURCHASE OF ROAD BUILDING MATERIALS IN THE PROJECTED AMOUNT OF $292,260.08; AND AUTHORIZING THE CITY MANAGER TO EXECUTE NEW CONTRACTS WITH TEXAS MATERIALS, VULCAN CONSTRUCTION MATERIALS, KAT EXCAVATION AND CONSTRUCTION, MARTIN MARIETTA MATERIALS, AND MODERN CONCRETE & MATERIALS FOR ROAD BUILDING MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION AND THE ENGINEERING DEPARTMENT FOR THE PROJECTED AMOUNT OF $2,900,000.00. 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 ($2,425,000.00),FOR 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 Engineering Department requires the road building materials to reconstruct the streets in the Port Acres drainage project; and WHEREAS, the City of Port Arthur previously adopted Resolution No. 25-141, authorizing the City Manager to enter into contracts with various vendors for the purchase of road-building materials, including limestone, aggregate, and sand, to support the maintenance of City streets, based on bids solicited through publication in the Port Arthur News on February 1 and February 5,2025; and WHEREAS, subsequent review by the Law Department and Purchasing Division determined that the solicitation associated with Resolution No. 25-141 did not comply with the publication requirements set forth in Section 252.041 of the Texas Local Government Code, thereby rendering the original solicitation process improper; and WHEREAS, to cure the procedural defect and ensure full compliance with statutory notice requirements as set forth in the Texas Local Government Code section 252.041, the City reissued the solicitation for road-building materials on April 30 and May 7, 2025, in the Port Arthur News, and (5) five responsive bids were received and publicly opened on May 21, 2025; and WHEREAS, in the interest of maintaining essential street operations and public safety, and to avoid disruption in the City's road maintenance program, the City proceeded with the purchase of necessary road-building materials including limestone, aggregate, and sand from qualified vendors during the interim period following the expiration of the previous contract and prior to the completion of the new solicitation process,resulting in an approximate expenditure of$292,260.08; and PR 24443 07/17/2025 FCR/TR Page 2 of 4 WHEREAS, the City Council finds it in the best interest of the City to ratify and approve the foregoing interim purchases, thereby ensuring continuity of service and compliance with applicable procurement requirements; and WHEREAS, following the proper solicitation and publication in the Port Arthur News on April 30 and May 7, 2025, in accordance with Section 252.041 of the Texas Local Government Code, the City received and publicly opened five (5) responsive bids for the supply of road-building materials on May 21, 2025 (see Exhibit A); and WHEREAS, the City received five (5) bids from Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; and Modern Concrete & Materials, LLC of Beaumont, Texas, as shown in Exhibit B; and WHEREAS, the City received identical bids for Item 4, 610 base limestone (Primary and Secondary Vendors, Plant); Item 9, Cement Stabilized Sand, base bid (Secondary and Tertiary Vendors, Stockpile); and Item 10b, %2 sack incremental decrease to base bid (Secondary and Tertiary Vendors, Stockpile and Plant)requiring the casting of lots to determine the lowest responsible bidders; and WHEREAS, Section 271.901(b) and (c) of the Texas Local Government Code states: (b) If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots. (c) The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be 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; and WHEREAS, the lowest responsible bidders are noted in the contracts for five (5) bids from KAT Excavation and Construction (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), and Modern Concrete & Materials, LLC (see Exhibit G); and WHEREAS, due to administrative delays, the contract award is now being pursued. To ensure compliance with best procurement practices, the City requested and received confirmation from the selected vendor(s) that their original pricing and terms remain valid. Based on this confirmation, the City may proceed with contract execution consistent with Texas Local Government Code Chapter 252; and WHEREAS, the City Council now desires to authorize the City Manager to execute contracts with the responsive and responsible vendors, as determined by the Purchasing Division, for the purchase of road-building materials necessary to support the continued maintenance and repair of City streets; 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,TEXAS: PR 24443 07/17/2025 FCR/TR Page 3 of 4 THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby rescinds Resolution 25-141 in its entirety; and THAT, the City Council hereby ratifies the purchase of road building materials in the projected budgetary amount of$292,260.08 from March 12, 2025 through July 25, 2025; and THAT, the City Manager is hereby authorized to execute new contracts with Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; and Modem Concrete& Materials, LLC of Beaumont, Texas,to purchase road building materials for the projected amount of$2,900,000.00; and, THAT, the 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 ($2,425,000.00), for various projects. 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: Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney PR 24443 07/17/2025 FCR Page 4 of 4 APPROVED FOR ADMINISTRATION: Ron , CPM City Manager zell . Rob rt , IT, ng, MBA, CPM Direc r f Pu lic orks APPROVED AS TO AVAILABILITY OF FUNDS: 4) 7 dik 1,3:)-j_eba Lynda Boswell, MA, ICMA-CM Finance Director bA4,144,_ Clifton E. Williams,Jr.,CPPB Purchasing Manager P.R. No. 24443 E h • b • t A (Bid Advertisement) CITY OF PORT ARTHUR Request for Bids Road Building Materials April 30, 2025 May 7, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS• ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.0, Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,May 21,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,May 21,2025 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 Citys website atwww.partarthurtx.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 its obligations to the City. PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS • (lift W'iltiams,C PB Purchasing Manager hat sealed bids,addressed to the,City of Port Arthur,will be received at t once of me uity Secretary,City Hall 444 4th Street or P.O. Box 1089,Port Arthur,Texas 77641 ater than 3:00 p.m.,Wednesday,May 21,2025 and all bids received will thereafter be opened a ;cad aloud at 3:15 p.m.,on Wednesday,May 21,2025 in the City Council Chambers,5th Floor,C Mail,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 consider and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,4 ith Street,City of Port Arthur: and are open for public inspection without charge.They can also etrieved from the City's website at www.portarthurtx.govibids.aspx or www.pubiicpurchase.com. Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance, the City Council shall I award a contract to a company that is in arrears in its obligations to the City. tL ° £lift Williams,C"I'PB Purchasing Manager RECEIVED JUL 11 2025 P.R. No. 24443 E h • b • t B (Bid Tabulation) b b -0 -d -0 o -o C..) .a a N N O M [�• COtn �O O CO COO CO CO O CO L . 3 Ed9 6~9 Z Erg 6R Z NC/?- Z z Z Z ZZZZ I 0 O O 70 O O 70 O O '0 'O -to -0 'C 70 'C 'C .O r.+ o omoo m CO O O COOmOO o p - O O, O 06 N O N O O O O 0 0 O O p 4 EA Z EA EA Z EA Z Z Z Z Z Z Z Z < D Ct in (/) CA C L U ... r. r• 'C O O 'C r. r "O 'O -0 -0 'C ^C 'C •'C .0 u N N oIn i o = o CO C0 CO Co CC Co Co m ° Z 6s 6R Z yy N Z Z Z Z ZZZZ o Z rA :-a :b © o 0 0 0 0 o 0 o O 'a O c U =+ . O O O\ Le-) • N M M m `r? `r? O d w UI C.) b4 64 6H Ef3 �V U .w •- •- o00 0 c oc b O o o -� • p 1 CO O O v� �n 01 CO • o '" " CC — N N N ' On O V'; Li-) O O E C4 s buy : o C. Z Z E's cy9 EA ' Z �' 69 Z Z EA ci d e ° ,n 'i: CO F• ea Po p U cq a rl 0 :� c �" CI -_a a o 0 0 o O O o --, •- o 0, W "" co co CO • Le-) �n • CC) S N N M M pp o Zz �v, F � Z Z � � EA Z Esc � z Zs°n C� H C4 m U c CO o 0 0 0 c G 0 0 O Q 0 0 a A c 0 m r y . C.- r C Y 1.) y •L.) J y U L) L) :n .. y 'o y b x y y 21 z] [i] b O n '� K a.) :a O y •rA en a E o an n o o 0 n c ,- .- co •- a ,, a ¢ = = . r Q x .cC Z C..) C.) ... ° � U o C7 C.7 Ln C It O 0 ^c, N r1 -tt V) .0 l- 00 Q., O O �' CJ a? VI U z o coi^ y -d 00v -d �3 b 0 0 0 0 pq •. •f. W ►� a Gil W • al ca W W m xi a3 0 z64zz 0 0 z 64 6 zzzz w A - F 00 t -ii ;-a 00 — -- -� �3 0 0 0 0 co W co co 0 a Cq pq W Gq Cq C.1 CCl g z zzz z zW z � 69E4EaZZZZ et b U CO 0 tu v z a a s a • as • • iii . as c0tr; o 0 0 c al al al a 14 a ° 0 Z4ZZ 0 0 ZQs zzzz - CZ 5 Zy ;c b -•d00 -0 -•� b '0 0 0 0 � � -� b z a co co co 4,.., N co co . . [, •N •rn coco co Cl Q 3 0 0 0 �p 0 0 0 0 ‘p 0 0 0 0 U cos Z ZZ 69 Z Z ZZZZZZ -0 -0 -0 -0 ^0 'C -0 'C 'b 'C 't3 'C3 'C '0 7:3 'd F t A Aq Gq raa fa co xi 0a as OQ al ca G4 raa ca al .le F - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co yM.,, a" Z zzzz Z Z Z Z Z Z Z ZZZZ , N 0 V ad X - -0 -0 -o -0 b -0 -0 - o-0 -0 -0 - -d - °" ,x CO as oa as oq rO Cl CO a1 as CO CC1 as CO CO u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z zzzz z z z z z z z zzzz O O 0 0 0 O 0 0 O 0 0 0 0 0 0 0 O O O O O O O 0 O O o 0 o O o 0 F F F F F F F F F F F F F F A 0 rA a) aG C) 0 F y - B w 20tz 08 8 > � '� g 8 � x �; .a a g g a b •� � E E a -o c xcbo c u y o Oo � I- '� -� � Ua, ' U o b i ,n ;o 2 0 U V jQ W b W ro O Ca � a '� O .r en Tr Aos T bC T x n O m O m O O O - s, F. co ;b E.. ¢ E- < MIo F Q Q U � Qx xU x ' � 2 � SUO C7 0 ;A : O g N M h �O 041 r x a O O ,1 a) .-- ,--� .4 .1 .N- M- .�- 0 0 MEI N O N N c:S N :C 013 CI. 0 U Qa CCQa O m m m O a m ,- C C C C N C C C O 4 N C C 1 .] z z z EA 6A Z z Z bR 69 Csos z e. Z 4 .� Z--i. 4) H TS ven � °4 -Fe -o -CI -o 0 0 _o -� •C • Cr m Da A ' CO• CO -d o C.N o dod cNi CO a a CAW C o M ya ` � 0 z zz ° z z m. u y z 0 0a U 4. a) av c -o t: -cs — o o -o -� o a oo - a CO =1 CO La m m c, 0, mb Cnd Z ZZ9s � Z Z Z ' E� 9s E4Z ° Z cr :D 0 H H , O H H `H O O H H E_, H cH H E M ct a c o ,* f y K : ax ,.. a, t :t 0 0 O t > V , : , ca O .s C 'C ,. O 4 O ❑ a, d :r ro • , .U 5A Y Q iil b aa ,- d c .. k •'.U�, aa)i 9 'w s. VD ;Ya - y '• Ci a, :z M �t��� a. x n. oc v3 E o a n. to 0 sm. o ai 1 r _0 c , :� �� o b E' 4 :�Q oa -a .o = Q Z < u < rz4 U � ° . y U o C7 C7 to = - o +; U Fy 0 P.R. No.24443 E h • b • t c (Purchasing Contract Agreement— KAT Excavation & Construction) 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 KAT Excavation & Construction, 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. C-1 a) 3 � z z z 6. Ts O aa z z z z 6. a, = o z z z z le a) E1 it C zir, ° z z Ts I: a) z z z z el 4� a z 0 u Cl.) a, Cil o z z z z U c 4.4 3 d d n E• © In E4 o 3 z z � E 0 b 0 z z z z t = E .. I. a? 3 o z z z z 0 0 0 0 0 H H H H 0 0 .� rn ° .a o g 0 a. N a, • , g as ..0 oas cu - zr Tr 0 5. The term "Contract Documents"means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications O 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 KAT EXCAVATION & CONSTRUCTION BY CITY SECRETARY C-3 THURMAN BILL BARTIE N 010OR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM Fru. City of ( SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o rt rth u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 2,2025 ai INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-054 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(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street 1 Port Arthur,Texas 77641 1409.983.8160 J 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? t/ 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: #4 T &eAvAni, 6.0071rac 'o.-> 17✓e• Person Completing Form: Telephone: /Sy 9 7v,3-i7Ga Mailing Address: Email: �o ea', /47� esfrn1�lc�✓ .r�,f City, State, Zip Code: Date: Date: �Di/✓ C��c T.+-'rf5 7765-7 s7/7/2 se 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"#4 50-80 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6 HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing,By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- Y2 sack; or, will be considered base bid. Y2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/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 M. _ERIALS: 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 ftn://ftp.dot.stato.t..us/pubindot-info/des/spef-nook-J1J4.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: May 21, 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. '/z sack incremental increase to base bid $ /ton $ /ton $ /ton B. '/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, TEXAO BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: //f /6 �feeweg? <4 eo,45.74-. Hwy ,rfr' COMPANY NAME STREET ADDRESS 4"-9 r2 i304 /079 SIGNATURE OF BIDDER P.O.BOX PRINT OR TYPE NAME CITY STATE ZIP 1s/;0,94V4',yl1r 149- 753-/700 TITLE AREA CODE TELEPHONE NO. C5-94,jY1A , A75.�•./ -.UET 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: Company: Date: SUBSCRIBED and sworn to before me by the above named on this the day of , 20 Notary Public in and for the State of Texas My commission expires: Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: LZ 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. Al Gi e€ /.4 7:IAA> f L 4nl of n avt-) J57/9/Z s"--- Firm Name Date �ieG•-, 65- 05- Tor Authorized Signature Title rer�,.z a,v-4/ 9 7.7-17eo Name (please print) Telephone Email STATE: Tbkaf COUNTY: 06 VA tV\ SUBSCRIBED AND SWORN to before me by the above named .6161 it leg r on this the I S'f t/ day of Mia , 20 t"),'S , 1 4p0.,P ,a• ik:, KELLIE-MARIE SAYLOR ,*: My Notary ID#132696402 ota Pub lc F pF ' Expires September 25,2028 �f.';� 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. OFRCE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. riCheck 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 n No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n 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). 2j Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 13 of 20 House Bill 89 Verification I, (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public Page 14 of 20 rfts SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned an representative of ,E'.9r e"-,regd697'/40 1 ,� , (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. Cda•,'e 4re/ Name of Company Representative (Print) 4S Signature of Company Representative .e/9`z5-- 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 0110 While the purpose olk 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. 24443 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 v, • w N - Poz o B 0 P) '—' `0 h0 0 O '- = CT r•-' M7 A) '� aQ y P) O 0o y 0 -. 0 CD . pa 0 �. x �. ,... ._,ao as ''t `C O Zu) Ui h CD O co cG (DO cD CDn el �' 'cj A: w 4j �. a = cA z z z = 4. z = N = N n 2. e � - � oo rz - � o ,1 0o 0o zgoa mi •o 0a � et a C. 0 a — J .. (idz11' E N E IN) "! O C 0 C 0 0 et N c4,1 c bl9 4. d z z z z OnN A AFr :4 sJ 0J O a0 z rD A O y n b z za oo z z z z to 1 a CAz a s a a � � et � �= o 0 z z z z z aa a a r O J D J et 4 z z z z z z z a a a a a a .tz F-. y a aaaaa al a o. ° a z z a a a 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 VULCAN CONSTRUCTION MATERIALS, LLC BY CITY SECRETARY D-3 ow- THURMAN BILL BARTIE,MAI • 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 n r I r t h U. ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 2, 2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-054 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 ► 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. eg,m, Clifton Williams Purchasing Manager Page 2 of 20 0 INVITATION TO BID I ROAD BUILDING MATERIALS (11 (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 0 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 di 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 11/2" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Miof the surroundin cities have startedin it in place of our Hot P gg g 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. Y2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: '/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 MAALS: 411 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 ftu://ftu.dot,state.tx.os/uub/txdot-info/des/spec-book-1114.udf 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 •ITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: May 21, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $124.47/ton $MO /ton $129 4-7/ton B. Type"PE" Grade 4 Precoated Aggregate $►2d•%7 /ton $ Set /ton $I'-47/ton 2. Blackbase $ ke /ton $ 1/ton $ ► iton 3. Limestone $ 5 5/ton $ iton $ t y 3/ton 4. 610 Base Limestone $ 51.0on $ 5 Z/ton $ ri /ton 5. Type"D" Hotmix Asphaltic Concrete PVT $ I' /ton $ Ng /ton $ We/ton 6. Hotmix Cold Laid Type "D"._;;e„,330 Asphaltic Concrete Pavement $I69.41/ton $15 /ton $ 164 H7/ton 7 High Performance Hotmix Cold Laid Type "D"Asphaltic Concrete $U'l►n/ton $ tt5 /ton $201:47/ton Pavement -put(AA Ioro * Q 8. Romayor Sand $ t��J /ton $ I v n,S/ton $ JV /ton 9. Cement Stabilized Sand (Base Bid) $1\16 /ton $ fa /ton $ 14 /ton 10. A. %2 sack incremental increase � to base bid $/n"6 /ton $ 14 /ton $ /ton B. 1/2 sack incremental decrease to base bid S" ton $ " /ton $ I" /ton 11. Concrete Rubble, 0"-8" size mixed S U v l7 /ton $ Ni /ton $ 110 /ton — l2 - Z5 Signature Date Page 8 of 20 IllkITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ I V e /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton S /1/t /ton $ AIX /ton 14. 5/8"Limestone Aggregate S /ton $f /ton $ vv /ton Location of stockpile, plant or shipping point: I j b 7 - pabrvAa -rx. 3 q Pfrf- itr-1-1-1444r TX but co,n tatf bvu c-ti on M i cts,aa /0161 rilwryon Pt , ►--te<S66 OMPANY NAME STREET ADDRESS PO 150 x 7'i 15 -'o SIGNATURE OF BIDDER P.O. BOX ML(arvt€ Many(fiAt, S4.n ichrt6 �b ZX 7 ezt PRINT OR TYPE NAME CITY STATE ZIP ��. ,tiv4 21,D - 9105 -0.14 TITLE AREA CODE TELEPHONE NO. Irnet,n rigig he �`( y nc, - cat 1urn 2(0- 5-2(! - abu'J EMAIL 0 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: trUJ-,44A-02,- 1.46orvz.ort-e Printed Name: Lu,rvie Maim fuck Title: ('a,(24 ArWbert Company: VA tarn C4it-th iit.E-& h M w 4 //ix, Date: SUBSCRIBED and sworn to before me by the above named Nikint M My on this the it day of M-Gc t1. , 20 2S. 0047,,., TAYLOR WITTEN �� v� ✓�� ,,:°:*. .Via'% ;Z,: -Notary Public,State of Texas Notary Public in and for the )4. Comm.Expires 12-02-2025 State of Texas Notary ID 133471642 My commission expires: iZ f2/' 4 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. 1/IA1 Lon (A a-bt1n M-6-11-e/(r -S , L-LC Sj-(2-2s Firm Name Date S te �e Authorized Signature Title ma cw e M.a,wvi c ZGO — qt, s' -G Y f 9 Name (please print) Telephone prlf4A1 rn ri V 1nChLcvt 1. (Ain Email -; ��"'4* TAYLOR WITTEN STATE: cl/s 1NtaeofTexa1s Comm.='4••, , Expires 12-02-2025 COUNTY: �(��� ��' OTito`� Notary ID 133471642 SUBSCRIBED AND SWORN to before me by the above named NI.e t IIJt,I N/ILvviAr I ttxti on this the I2 day of g .vim , 20 . 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 Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. W 1 C uin (.VA S�vu,L,- t 6fl Ill -fir► 1� , c ,c, riCheck 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. AASIV 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? uYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n 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. ElCheck 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)(9), excluding gifts described in Section 176.003(a-1). i 5--(2-- Z 5, Signature of vendor doing business with the goven ental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11;30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal.state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A):: (2) has given a local government officer of that local governmental entity,or a family member of the officer one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130'2015 Page 13 of 20 House Bill 89 Verification (Cr \it•-e (Person name), the undersigned representative (hereafter referred to as "Representative") of Vld( CCLA S r fiZ i mA).-t tic c ,L f, (.GC _ (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 REPRESENTA E SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I'1.- day of 1\ , 20 25-. ,�"''", TAYLOR WITTEN .��,pY PV9�i _:•' Notary Public,State of Texas NA; Comm. p NotaryEx IDires 13347164212-02-2025 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION NtizA,amAz" kQ,(Yl1 , the undersigned an representative of ( Cain C691.V7VV-41-Zn h-( )�K. 6 1 L-Lc (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 Represents ive 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 Fir • 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 Ake made upon receipt of the original 1 oice ice 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 r-.. While the purpose of thItecifications is to indicate minimum quirements 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 the Cityshall thereupon have any of the covenants, agreements or stipulations of this contract, p 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. Commerce eneral Liability occurrence type insce 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 FP P.R. No.24443 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 ---• .--, \p 00 N ff" C A O (�D 0 CD n CD CD n ¢ O� 6 Q. co ¢• C0D n p- D a' 10 CND '� 0 A) `, 5 a CD CD Pt H H H H H cA 7 v) -- a f o a a a Fp' ^ o mo M. : p W <17 b Z. El rs C. © 4 fA . wi a a a a 2: r 0 to A vi3O 0 n. 4 w `." 0 0 2. 4 vA z A N crz et 4. c4z eort 4o a A . _A 0 b9 D 0. 0o z z �. o z z a ao a � � 124 a' 44c 0 o , o a 00 z_ 00 z z_ z a c4z a a b. co sA r m 00 �. ` o A. c z zq 7z s• oo s•A. a a a � eo 2. 4Avi z z z z 54 goo a a a a � � 0 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 MARTIN MARIETTA MATERIALS, LLC BY CITY SECRETARY E-3 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, Aet, 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 rth u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 2, 2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P25-054 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. (,IAGO%a 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 11/2" 100 1" 90-100 3/a" 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- Y2 sack; or, will be considered base bid. Y2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: '/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 �ITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR:'' Road Building Materials BID DUE ))ATE: May 21, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. ype"PE" Grade 3 Precoated ggregate $ /ton $ /ton $ /ton B. ype "PE" Grade 4 Precoated ggregate $ /ton $ /ton $ /ton 2. Bla kbase $ /ton $ /ton $ /ton 3. Li stone 5.00 /ton $40.00 /ton $46.00 /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Typ "D" Hotmix Asphaltic Con rete PVT $ /ton $ /ton $ /ton 6. Hotibix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 Hig Performance Hotmix Cold Laic Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Payment 1 8. Romayor Sand $55.00 /ton $50.00 /ton $56.00 /ton 9. Cenient Stabilized Sand (Base Bid) $48.00 /ton $40.00 /ton $49.00 /ton 10. A. 1 sack incremental increase to base bid $5.00 /ton $5.00 /ton $'00 /ton B. '/. sack incremental decrease to base bid $5.00 /ton $5.00 /ton $5.00 /ton 11. Con rete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton A ,,,.,_ ___, _,_ ._;42;.., Signatur; if ` Date i 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. Gr e 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8' Limestone Aggregate $ /ton $ /ton $ /ton p , plantshipping point:o#'stock stockpile, or shi m 2190 S GULFWAY DRIVE PORT ARTHUR 2525 DOLLINGER ROAD, BEAUMONT Martin Marietta Materials, Inc. 5675 Fannett Road COMPANY NAME STREET ADDRESS SI NAT F BIDDER P.O. BOX Bill Kelley i Beaumont, TX 77705 PRINT OR'YPE NAME CITY STATE ZIP Sr. Sales Fepresentative 409-835-4933 TITLE 1 AREA CODE TELEPHONE NO. william.kelley@martinmarietta.com EMAIL I FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § 1 By the sigiature 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 1 .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 per on engaged in the same line of business, nor has the signatory or anyone acting for he firm, corporation or institution submitting a bid committed any other act of collusion rlated to the development and submission of this bid proposal. Signature:1 Printed Name: II Kell Title: Sr. Sales Representative Company: Martin Marietta Materials, Inc. Date: May 20, 2025 SUBSCRIBED and sworn to before me by the above named Bill Kelley on this the 20th day of May , 2025 1 - C 0,,_AMI DORN Notary Public in and for the __:' :Notary Public,State of Texas State of Texas w' ..e Comm.Expires 07-07-2027 -''h °f`��`� Notar y ry ID 128667860 I My commission expires: c I-0 7'07 Page 10 of 20 • - AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of th e company whose signature is binding. I The under igned offers and agrees to one of the following: X I ereby certify that I do not have outstanding debts with the City of Port Arthur. I further agr e to pay succeeding debts as they become due. I h reby 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 beco e 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. 5/20/2025 Firm Name Date , c 7.../- .. Sr. Sales Representative A Y thorrz_ Signature Title Bill Kelley; 409-835-4933 Name(ple4se print) Telephone i william.keley@martinmarietta.com Email STATE: /14G1.^4 L--" COUNTY:JelA ...., SUBSC ,ED AND SWORN to before me by the above named /LJ /(_i / on this the 4— day of `'% {/(p, , 20 . 11 ��""""�% AMI DORN �C 61�v r°° :Notary Public,State of Texas Notary Public ".4 Comm.Expires 07-07-2027 %7, 0;, 0; Notary ID 128667880 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 17e, 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 j76.006(a-1), Local Government Code. A vendor commits n 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. 1. I ! Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f 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 1 Bl Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction o!the local government officer or a family member of the officer AND the taxable income is not received from the 'oral governmental entity? 7Yes 7No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or i 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 fl Check this box if the vendor has given the local government officer or afamily 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). S. attire . •-i:. :: l EE business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity:. (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state-tx us Revised 11302015 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 "Bus ness 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. Th Representative is authorized to execute this verification on behalf of Business ntity; 2. Thant Business Entity does not boycott Israel and will not boycott Israel during the term of a y contract that will be entered into between Business Entity and the City of Port Arthu ; and 3. Th Representative understands that the term "boycott Israel" is defined by Texas Go ernment Code Section 2270.001 to mean refusing to deal with, terminating business ctivities 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. SIGNATUR EPRESENTATIVE SUBSCRIBED P9ND SWORN TO BEFORE ME, the undersigned authority, on this .,'X1 • day of I , 20 ;. �o`'Yp`'%, AMI DORN v =Z;' ;Notary Public,State of Texas c'°.: 4 eo Comm.Expires 07-07-2027 " Of`�;,"',7,nn Notary ID 128667860 I dr i i Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION Bill K Iley I, 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 22'2, Section 2252.152 and Section 2252.153, certify that the company named above is not listed .n 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 cer. that should the above-named company enter into a contract that is on said listing of compani-s on the website of the Comptroller of the State of Texas which do business with Iran, Sud. or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Pur hasing Department. 4. , Nr tit Si.any Representative(Print) 1 Bill Kelley Signature o Company Representative 1 5/20/2025 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 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. 24443 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 `O v Oa W N z G o e B -Ci- !15:1-)':; g E 3P ,.c- 5'"gCg8 "a"', ''. 49CD Ap Via- ft co co c'CS CDdc bCCon a CD . a 0 a 0 0 0 0 0 0 0 0 z .4 et O\ "-EAa* A A • W * A tit z z A fD X W A y! W A YE J A * :'� r a . ' o Ayo Azg 3. to a a b 3. CD yl -� et c z z Nc zz �� o a a to zz a a c. co4 z � � � . cold z Z z a .' z o Ay •o A. y o a a a ;TI cA oo z Z z z z � et � et N z a a a a a 3.to y o ►c A O O z .4 fDD !Ji A W z n Z A r~+ �d eD Y! o A m O O Oet, 00 `p Ay y a CA a . y * � 0 0 0 C o o 0 z z z z z me z 6eDN ° a a a a a a n. g C eD c z z z � � zc z z > itz. y > �g . eD A y ° b $ a > a a a 3. tto vAD z o r a o CD CIA z z z z z z Fi 3. AD a a a a a r 7 co ~ •P .-.. O O FiDt- a' P O a O CD .1 11Q O C~D ry c. 7C rcn 2. • O yC O ''� R. co a. co "C co (Dra, O 'aO a p' p H H H H to 7.6 to A r ' f9 p0 A A N �� .A�. A: `n O A'+ w) O IS wi coO a �• r 7 7 7 \� A 2. • .i 0 '3 W m y W EA . y A 6A b 01 fli o. yo 00 fft k •N • W CA A� 3. AD O 2. so O 2. A7 fn CI1 2. to C!i "'3 c to `n O to y 0 AD (A 0 0 AD W O O "'* ffl rj v� v� " 7 " R O = y 0 y Qs 2 y Qs ffp 01 ik A 0et,0 oo ffp 01 N `•� z `% c c 4. o W z7) v A O 'O z z cc z b � a acin z � � c fD , ¢ 0 ° " a a a -. A z z "'3 n A7. c, z r . Oo �. 7, — y fD 2- yn brg a a ° z a = � ..i. c a © a a a' y oo r cil et 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications O 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 City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: 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 Texas DONALD FRANK,SR. MAY 2,2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P25-054 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 11/2" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II(Special Cold Mix II); Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 Pr 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 1/4 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://fm.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:May 21, 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 $/9i on $//L J Iton �iGFI,�•,�ton 3. Limestone $1P)//ton $iga ton $ on 4. 610 Base Limestone OP/ton $M4ton , /ton 5. Type"D" Hotmix Asphaltic Concrete PVT $P5X/ton S/ , &ton $j2i22ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement 1100ton $L 6; ton $% :/ don 7 High Performance Hotmix Cold � Of ""� Laid Type"D"Asphaltic Concrete $11D 'a6lton $ l cj(i1�t'on $Vaton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ .1/0/ton $'"6/ton $%u/ton 10. A. %2 sack incremental increase to base bid $ �''62/ton $ 56ton $5.5Q/ton B. %2 sack incremental decrease to base bid $7/-0/ton $.7 Z ton $660ton 11. Concrete Rubble, 0"-8" size mixed $`K /ton $ 'Dt ton $14t /ton May 21, 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 $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ > /ton 14. 5/8"Limestone Aggregate $47 k/ton $1i:Wton $ Location of stockpile, plant or shipping point: 860 Pine Street, Beaumont, TX 77701 r � 6024 Chance Drive, Beaumont, TX 77705 + 14. tfiZZA Texas Materials, A CRH COMPANY 865 South Business Park Drive, Port Arthur, TX 77640 COMPANY NAME STREET ADDRESS P.O. Box 20779 SIGNATURE OF BIDDER P.O.BOX Scott Blanchard Beaumont TX 77720 PRINT OR TYPE NAME CITY STATE ZIP Assistant Secretary 409-866-1444 TITLE AREA CODE TELEPHONE NO. scott.blanchard@texasmaterials.corn 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: { } Printed Name: Scott Blanchard Title: Assistant Secretary Company: Texas Materials,A CRH COMPANY Date: May 21, 2025 SUBSCRIBED and sworn to before me by the above named Scott Blanchard on this the 21st day of May 2025 •' Notary Public in and for the State of Texas PAULARUMINE 1 :�J►�� Notary ID tt 179575 ;��� My Commission Expires I My commission expires: May 9, 2029 May 9, 2029 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 May 21, 2025 Firm Na a Date Assistant Secretary Authorized Signature Title Scott Blanchard 409-866-1444 Name(please print) Telephone scott.blanchard@texasmaterials.com Email Texas ( .J"'o4 PAULA ROMINE STATE: Notary ID#i i 79575 My Commission Expires COUNTY: Jefferson May 9, 2029 f SUBSCRIBED AND SWORN to before me by the above named Scott Blanchard on this the 21 st day of May , 20 25 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ •r vendor doing business with local governmental entity This qu tionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questio• aire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Raceved has a busine relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets r •uirements under Section 176.006(a). By law this question aire must be filed with the records administrator of the local governmental entity not later than the 7th business•ay after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.►16(a-1), Local Government Code. A vendor commits an often- if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is . misdemeanor. Name of vendor who has• business relationship with local governmental entity. N/A J (� t l Check this box if you are fil •g an update to a previously filed questionnaire.(The law requires that you file an updated i t completed questionnaire with •e appropriate filing authority not later than the 7th business day after the date on which you became aware that the ori. ally filed questionnaire was incomplete or inaccurate.) I Name of local government officer about . om the information is being disclosed. ame of Officer ,4( Describe each employment or other business rel- 'onship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Als, describe any family relationship with the local government officer. Complete subparts A and B for each employment or bu-. ess relationship described. Attach additional pages to this Form CIQ as necessary. 40, A. Is the local government officer or a family member of th officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes I No B. Is the vendor receiving or likely to receive taxable income,other than t vestment income,from or at the direction of the local government officer or a family member of the officer AND the - able income is not received from the local governmental entity? Yes n No J Describe each employment or business relationship that the vendor named in Section 1 maint I with a corporation or 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. flCheck this box if the vendor has given the local government officer or a family member of the officer one or r gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). May 21, 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)(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 aggregatevalue 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. =orm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 30/2015 Page 13 of 20 House Bill 89 Verification I, Scott Blanchard (Person name), the undersigned representative (hereafter referred to as "Representative") of 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. -)j,// t./`t , i SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 21st day of May , 2025 PAULA ROMINE ce:1-19-7 Z%�`- Notary ID#1179575 A� t My Commission Expires ''F� May 9, 2029 Notary Public 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) Signature of Company Representative May 21, 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 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. 24443 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 ._.. ..-. .-.. ..-.. 4p 00 •A w w ~ CCr P O A OA O w N 0, O r, n n (�j C1. s' r d -+ .� . et - p7. r fD 0' 0 CD CiD N o CAD p Q 4 A Fr ot 0�. o. o0 0 P 0 m 0 CD O. o 0 0 0 0 0 0 0 0 4 4 etao Z Z et aN � oa � Aa � z z a ca a e C c �A "I \c l CD . eo c : Ft' C eCD G o mo �• aN z z z z 0a � z z A o a a a a ; K o a a is o 1.* o CD e ° <D o 0 a r et '1 � o a a a a .tAo a a r CD f• 0 o �: o ;. CD et A 4 G� z n aN OO z z Z Z n Q. J7. N a A "1 p z a a a a ! mg o= U) A A O p yn o � � = w wz 0cN O = A oz z mowro A 0. c1 A a A a D , A 0. to > co � . aa �o CAz 0cC .4 C4 C CD CD CD CD 0 n o CD. � � z o � 0o ' z z eto .. I et et _ _y c "tc .1 > a "I inU et rD A et et et n -3 n o ,-,, /9 c ° z z z ims A a a a s 0 e o C et n ; z z 00 z z z A aN , � q a a CA a a a et) a 14c C o o a a � ° o o ' z z z z z z 0 a o z .� a a a a a a .1 o > r A o o 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 MODERN CONCRETE &MATERIALS, LLC BY CITY SECRETARY G-3 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: // ,1i\ CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD art rt Jt u ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 2, 2025 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-054 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writin.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 1 Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street J 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. e& ri G(9Z& x4 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: 13 i1 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 11/2" 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 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- 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: 1/2 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 ftn:aftp.aot.state.tx.usioub/txdot-info/des/spec-nook-»>a.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 N'w CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: May 21, 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 $47.50/ton $39.50/ton $47.50/ton 4. 610 Base Limestone $70.00/ton $62.00/ton $70.00/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 $47.00/ton $40.00/ton $50.00/ton 9. Cement Stabilized Sand (Base Bid) $47.99/ton $39.99/ton $47.99/ton 10. A. '/2 sack incremental increase to base bid $ 4.99 /ton $4.99 /ton $4.99 /ton B. '/2 sack incremental decrease to base bid $4.99 /ton $4.99 /ton $ 4.99 /ton 11. Concrete Rubble, 0"-8" size mixed $72.00/ton $65.00/ton $72.00/ton 5/21/2025 gnatur 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 $60.00/ton $ 52.00/ton $60.00/ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: Modem Concrete&Materials COMPANY NAME STREET ADDRESS 2 4 PO BOX 21557 SI TURF BIDDER P.O.BOX 1 cJn"Pv'v c_ Beaumont Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager 409-842-2100 TITLE AREA CODE TELEPHONE NO. jfrederick@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: " Title: Sales Manager Company: Modern Concrete & Materials Date: 5/21/2025 SUBSCRIBED and sworn to before me by the above named lvnr►»..uj Mew.ancier on this the 4 f'2 day of (VIG j , 20 .9,T. tqeirvf Notary Public in and for the . RGMERC2t53 State of Texas = ? 4'1R `x•• Notary le#t04i My Commissicn Expires ,r��� April t0, 20211 My commission expires: Li I 0/ .t•A 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. Modem Concrete&Materials 5/21/2025 Firm Name Date Sales Manager Autl�rl'zed S. ature Title `—� �'/ / ` r.fyp,C/� 409-842-2100 Name(please print) Telephone jfredefick@modemconcretetx.com Email STATE: COUNTY: T o ie,5 ar% SUBSCRIBED AND SWORN to before me by the above named ✓n rvt y A-j,°-8 a v-)<4 e-r on this the 9-4' day of ►'Y1 q_tj , 20 35. :n �,"'` � Not •,, TAMMY#ROME10462tRO 53 Notary Public ary ID My Commission Expires esF April 10, 2028 • 0 -1 ' ' r • • • 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.S. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A J ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. 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? El Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J . 6 05/21/2025 Signatu vend bing 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 r 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.usl 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 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 www.ethics.state.tx.us Revised 11130/2015 Page 13 of 20 House Bill 89 Verification l tetinir (Person name), the undersigned representative (hereafter referred to as "Representative") of Modern Concrete & Materials _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGN RE QP EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this -1't day of Yt')Guj , Notary Public TAMMY ROMERO Notary ID 000462153 My Commission Expires April 10, 202$ Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION �-�� Cis I loyywn U✓� , the undersigned an representative of Modern Concrete &Materials (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Si re Company Representative 5/21/2025 Date Page 15 of 20 ® DATE(MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE �� 5/21/2025 THIS CERTIFICATE 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). PRODUCER NAMEACT Juanice Smith ANCO Insurance PHONE g79-774-6504 FAX No):979-774-5372 PO Box 3889 (A/C.No.Ext): Bryan TX 77805 A EDDR DRESS: Sn'11thj@anCo.COm INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Gray Surplus Lines Insurance C INSURED MODECON-02 INSURER B: RSUI Indemnity Co. 22314 Modern Concrete&Materials, LLC P.O. Box 21557 INSURER c:Starstone Specialty Insurance 44776 Beaumont TX 77720 INSURER D: United Specialty Insurance Com INSURER E:Zurich Amer Ins Co INSURER F: COVERAGES CERTIFICATE NUMBER:1260912417 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR SUBR. ' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/D//YYYY) (MM DD/YYYY) LIMITS LT D X I COMMERCIAL GENERAL LIABILITY ATN24210006 12/30/2024 12/30/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X O '. OCCUR PREM IS TO occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. • GENERAL AGGREGATE $2,000,000 POLICY X PE ^�' LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: E . AUTOMOBILE LIABILITY BAP 6152985-00 12/30/2024 10/1/2025 I COMBINED SINGLE LIMIT $1 (Ea accident) , , X •ANY AUTO BODILY INJURY(Per person) $ OWNED I SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ • HIRED NON-OWNED PROPERTY DAMAGE '$ • AUTOS ONLY AUTOS ONLY (Per accident) C UMBRELLA LIAB • X OCCUR 758270242ALI 12/30/2024 12/30/2025 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ E WORKERS COMPENSATION i I WC 6152984-00 12/30/2024 10/1/2025 IX STATUTE ER PER 'OTH- AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YNN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? IN/A,, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE', $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT • $1,000,000 B Excess Liability NHA604228 12/30/2024 12/30/2025 Occurrence/Aggregate ' 3000000/3000000 A Excess Liability GSL102688 12/30/2024 12/30/2025 Occurrence/Aggregate 5000000/5000000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pollution Liability Policy#G74392301003 Westchester Fire Insurance Company Effective 12/30/2024 to 12/30/2025 Occurrence/Aggregate$5,000,000/$5,000,000 Rented/Leased Equipment Policy#04CIM000033428 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Port Arthur,TX P.O. Box 1089 Port Arthur TX 77641 AUTHORIZED REPRESENTATIVE (1-4yL ,,ti ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: MODECON-02 LOC#: A`CPR o® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED ANCO Insurance Modern Concrete&Materials, LLC P.O.Box 21557 POLICY NUMBER Beaumont TX 77720 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Mid-Continent Casualty Company Effective 12/30/2024 to 12/30/2025 Actual Cash Value Limit$600,000 Per Item Limit$3,500,000 Total Rented GENERAL LIABILITY 30 day Notice of Cancellation except 10 days for non-payment of premium,Additional Insured with Product/Completed Operations,Primary Non Contributory and Waiver of Subrogation applies per attached forms VEN 064 00(04/22),CG 20 10 04 13,CG 2037 04 13,VEN 051 00(02/20)and CG2404 05 09. All When Required by written contract in accordance with policy terms and provisions. AUTO LIABILITY Additional Insured,Waiver of Subrogation per forms attached U-CA-428-C CW(10/21).All When Required by written contract in accordance with policy terms and provisions. WORKERS COMPENSATION Waiver of Subrogation and 30 day Notice of Cancellation except 10 days for non-payment of premium,Alternate Employer Endorsement and Longshore and Harbor Workers'Compensation Act Coverage Endorsement included per forms attached WC42 06/01 (Ed.01-1994),WC 42 03 04 B and WC 00 03 01 (Ed. 4-84)and WC 00 01 06 A(Ed.4-92). EXCESS POLICIES-Follow Form ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. 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 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