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HomeMy WebLinkAboutPR 24926: CONTRACT WITH THE CITY FENCE FOR THE INSTALLATION OF AN 8 FOOT CEDAR SECURITY FENCE ALONG THE PUBLIC WORKS OPERATIONS CENTER PROPERTY ort rlhur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 27, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Suhail Kanwar, MS, PE, CFM, Director of Public Services/City Engineer RE: PR 24926—Authorizing the City Manager to enter into a contract with City Fence of Port Arthur for the installation of an 8-foot cedar security privacy fence along the southwestern perimeter of the Public Works Operations Center property. Introduction: The intent of this Agenda Item is to seek City Council's authorization for the City Manager to execute a contract with City Fence of Port Arthur, Texas, for the installation of an 8-foot cedar security privacy fence along the rear southwestern perimeter of the Public Works Operations Center property for the not-to-exceed amount of$31,325.77. Background: The Public Works Operations Center has accumulated abandoned scrap tires,creating an eyesore for adjacent residents. Installing a security privacy fence along the rear southwestern corner of the property is necessary to contain debris, enhance public safety, prevent theft and vandalism, and ensure regulatory compliance. This area borders residential properties and requires appropriate screening to address privacy and security considerations. The Purchasing Department received five (5) quotes. Staff evaluated the quotes and determined that City Fence was the lowest and most responsible bidder.The bid tabulation and specifications are attached in the resolution. Budget Impact: Funding is available in the Capital Improvement Fund for the Public Works Operations Center Rehabilitation—Security Fencing account, 307-21-049-8525-00-10-000, Project Number BU0001.OTH.SFC for the not-to-exceed amount of$31,325.77. "Remember,we are here to serve the Citizens of Port Arthur" Recommendation: It is recommended that the City of Port Arthur City Council approve PR 24646, authorizing the City Manager to enter into a contract with City Fence of Port Arthur, Texas, to install 8-foot cedar security privacy fencing along the southwestern perimeter of the Public Works Operations Center property in the not-to-exceed amount of$31,325.77. P.R.24926 04/27/2026 LLJ-TNR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CITY FENCE OF PORT ARTHUR, TEXAS, FOR THE INSTALLATION OF AN 8-FOOT CEDAR SECURITY PRIVACY FENCE ALONG THE SOUTHWESTERN PERIMETER OF THE PUBLIC WORKS OPERATIONS CENTER PROPERTY FOR THE NOT-TO-EXCEED AMOUNT OF $31,325.77. FUNDS ARE AVAILABLE IN PUBLIC WORKS OPERATIONS CENTER REHABILITATION — SECURITY FENCE ACCOUNT, ACCOUNT NUMBER 307-21-049-8525-00-10-000. WHEREAS, the Public Works Operations Center has accumulated abandoned scrap tires and related debris, which constitute a visual nuisance and potential public health and safety concern for neighboring residents and surrounding properties; and WHEREAS, the installation of an eight-foot (8') cedar security privacy fence along the southwestern perimeter of the Public Works Operations Center is necessary and in the public interest to secure the site, contain debris, deter unauthorized access, reduce opportunities for theft and vandalism, enhance operational safety, and maintain compliance with applicable regulatory and environmental standards; and WHEREAS, the City's Purchasing Department solicited and received five (5) competitive quotations for the proposed fencing project from S.H. Absolute Construction of Nederland, Texas; Mike Barnett Construction of Port Neches, Texas; Sunset Coastal Innovations, LLC of Port Arthur, Texas; PBF & C, LLC of Beaumont, Texas; and City Fence of Port Arthur, Texas, as reflected in the bid tabulation attached hereto as Exhibit"A"; and WHEREAS, upon review and evaluation of the submitted quotations, City Fence of Port Arthur, Texas, was determined to be the lowest responsible bidder meeting the City's specifications, with a total proposed cost of$31,325.77; and WHEREAS, the anticipated project completion schedule is approximately fifteen (15) calendar days from the issuance of the notice to proceed; and WHEREAS, funding for this project is available in the Capital Improvement Fund for Public Works Operations Center Rehabilitation—Security Fencing, Account No. 307-21-049- 8525-00-10-000, Project No. BU000l.OTH.SFC. NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby authorizes the City Manager to execute a contract with City Fence of Port Arthur, Texas, for the installation of an eight-foot (8') cedar security privacy P.R.24926 04/27/2026 LLJ-TNR Page 2 of 3 fence along the southwestern perimeter of the Public Works Operations Center, in an amount not to exceed $31,325.77, as reflected in Exhibit "A" and the contract documents attached hereto as Exhibit "B"; and THAT, funding is available in the Capital Improvement Fund for Public Works Operations Center Rehabilitation—Security Fencing account, account number 307-21-049-8525- 00-10-000, Project Number BU0001.OTH.SFC; and, THAT, a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of 2026 at a Regular Meeting of 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 P.R.24926 04/27/2026 LLJ Page 3 of 3 APPROVED Roxann Pais Cotroneo, Esq. 1 City Attorney APPROVED FOR ADMINISTRATION: 0*k 0 .,,, ,,,,,_„-----"- Ronald Burton, CPM City Manager Suhail Kanwar, MS PE CFM Director of Public Service/City Engineer APPROVED AS TO THE AVAILABILITY OF FUNDS: -, ,(ea 6:)(.1..1)-(0 yn:. Boswell, ICMA-CM, GFOA Finance Director l Clifto . illiams,Jr CPPB Purchasing Manager P. R. 24926 EXHIBIT A I CITY OF PORT ARTIIUR,TEXAS it Bid Tabulation ort rthu � Fence at Operation Center I Q26-003 I S.H Absolute Mike Barnett Sunset Coastal Construction Construction Innovations,LLC PBF&C,LLC City Fence Item Days to Days to Days to Days to Days to # Description Cost Complete Cost Complete Cost Complete Cost Complete Cost Complete 1 Fence at Operation Center $35,588.00 10 $44,952.00 30 $50,276.25 N/A $54,406.00 20 $31,325.77 15 Location Nederland,TX Port Neches,TX Port Arthur,TX Beaumont,TX Port Arthur,TX I I 1 1 / LI ((S /06 a (o ! Clifton WI liams,Purchasing Manager Date 9 I i P. R. 24926 EXHIBIT B CONTRACT FOR INSTALLATION OF AN 8-FOOT CEDAR SECURITY PRIVACY FENCING AROUND THE SOUTHWEST PERIMETER OF THE PUBLIC WORKS OPERATIONS CENTER PROPERTY THIS AGREEMENT,made this day of , 2026, 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 City Fence of Port Arthur,Texas, 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 for 15 days from the date stated 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 within thirty (30) days' written notice. 2. The CONTRACTOR will perform work as stated in the Contract Documents. 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 Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of $31,325.77. 5. The term "Contract Documents" means and includes the following: a) Agreement b) General Information c) Specifications d) Quote e) Notice of Award f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 2026 A- 1 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of 2026 ATTEST CITY FENCE BY CITY SECRETARY A- 2 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor,Bidder,and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS,OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. 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: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. 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. Page 3 of 7 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. 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 Page 4 of 7 assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated,based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials,machinery,equipment, facilities and means,except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall,on the grounds of race,color,or national origin, be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract,or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract,the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall 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. Page 5 of 7 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 Contract 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. 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. 2. 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. Page 6 of 7 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. 4 Page 7 of 7 Fence at Operation Center Scope of Work 1. 8 foot Cedar with 2 7/8 OD SS 40 post 2. 6 foot apart poles 3. Four 2x4 runners 4. 612 foot long 5. 2x6 rot boards at the bottom 6. Remove and discard old fence 4 I 4 I Page 2 of 7 4 (`ITY OF PORT AftTNI'R Q2 404) ew i QUOTE SHEET 'pM1 vIwp it§1 e ICpecifkatioes are attached) *Vitt Primp r.p.. Doge of Rerleesi: March 3I.2026 Department Requesting Quote: Public Works Services Needed: Fence at Operation Center Qeoee Dee Dated rime: Monday,Apnl 6.2026 by 4 00 P M Delivery: Quotes arc to be fined to(409)9834291. E-mailed to dinar v.illiamsa portarthurtt.gov Delivered to the Purchasing Div.2"floor.City Hall Questions,Please contact: Clifton Williams.Purchasing Manager Clifton Nilliams t.portartburt. goy DESCRIPTION DAYS TO TOTAL COST COMPLETE Fence at Operation Center 15 S313Z_5-•' 1 Company'Name Signature RCP, Plclu‘ n yL 9 1 3(47 --b(c qEr Printed Name Phone i loci/ V.elllk..,)cr1 1Y t Address Fax �c 4 F)TINlur , (X 11Lr'g2- Clkiler1CC' LIOrt E jfoila'l f0 City.State,Zip E-maft f..,,t,Ge)‘ L-Ij U l 24 *;'„• Williams,Purchasing Manager Date Page I of 7