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HomeMy WebLinkAboutP.R. NO. 25154 AUTHORIZING THE REJECTION OF ALL BIDS FOR THE REPLACEMENT OF THE EXISTING FENCE AT THE PUBLIC WORKS CENTER. City of ort mbar Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 3, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Jessie Dehn, P.E.,Director of Public Works RE: PR 25154—Authorizing the rejection of all bids received for the replacement of the existing fence at the Public Works Operations Center, authorizing the revision of the solicitation method and specifications, and reissue the procurement as a request for quotes. Introduction: The intent of this Agenda Item is to request City Council's authorization to reject all bids received for the replacement of the existing fence at the Public Works Operations Center and to authorize the Purchasing Department to revise the solicitation method and specifications, and reissue the project as a request for quotes. Background: The existing chain link fence at the Public Works Operations Center is in poor condition, requiring repairs and replacement, and has exceeded its useful life. Replacement of the existing fence is necessary to keep the facility secure,prevent theft and vandalism,and ensure regulatory compliance. The Purchasing Department issued bid solicitation P26-051 for replacement of the fence in accordance with applicable procurement requirements. The solicitation was advertised and two (2) addendums were issued. The City received seven (7) bids. After reaching out to the low bidder,PBF&C,LLC,the vendor elected to decline the award of the contract due to scheduling constraints. In review of the second and third low bidders, staff determined that those vendors did not acknowledge Addendum 2, changing the requirement for the post size, which can have a financial impact to the bids received. It is staffs recommendation that it is in the City's best interest to reject the bids received and resolicit the procurement. "Remember,we are here to serve the Citizens of Port Arthur" OF BudRet Impact: There is no financial impact associated with the rejection of bids or the revising of the solicitation method and specifications. The process does not obligate the City to expend funds and is a procedural step to secure the most cost-effective quotes. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 25154, authorizing the following: 1. Rejection of all bids received for solicitation No. P26-051 2. Authorize the Purchasing Department to revise the solicitation method and specifications, and reissue the procurement as a request for quotes. • PR 25154 09/03/2026 JD Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE REJECTION OF ALL BIDS RECEIVED FOR THE REPLACEMENT OF THE EXISTING FENCE AT THE PUBLIC WORKS OPERATIONS CENTER, AUTHORIZING THE REVISION OF THE SOLICITATION METHOD AND SPECIFICATIONS, AND AUTHORIZING THE REISSUANCE OF THE PROCUREMENT AS A REQUEST FOR QUOTES. WHEREAS, the existing chain link fence at the Public Works Operations Center is in poor condition, requires repairs and replacement, and has exceeded its useful life; and, WHEREAS, replacement of the existing fence is necessary to maintain the security of the facility and to protect City property from theft, vandalism, and unauthorized access; and, WHEREAS, the Purchasing Department issued bid solicitation P26-051 for the replacement of the existing fence in accordance with applicable procurement requirements, including the issuance of two (2) addenda; and, WHEREAS, the City received seven (7) bids from Interstate TX LLC, of Springfield, Virginia; Swift Corporation, LLC, of Round Rock, Texas; Mike Barnett Construction, of Port Neches, Texas; Amerilize Turnkey Services, LLC, of Houston, Texas; PBF & C, LLC, of Beaumont, Texas; City Fence, of Port Arthur, Texas; and BeauTex Fence LLC, of Beaumont, Texas, as shown in Exhibit"A"; and, WHEREAS, the apparent low bidder, PBF & C, LLC, notified the City that it was unable to accept the award due to scheduling constraints, as reflected in Exhibit"B"; and, WHEREAS, upon review of the bids received, City Fence, of Port Arthur, Texas, and BeauTex Fence LLC, of Beaumont, Texas, the second- and third-lowest bidders, respectively, did not acknowledge Addendum No. 2, which included specifications regarding the required post size for the fence replacement; and, WHEREAS, the bid specifications expressly reserve the City's right to reject any and all bids when such action is determined to be in the best interest of the City, as reflected in Exhibit "D"; and WHEREAS, based upon the circumstances surrounding the bids received, including the apparent low bidder's inability to accept the award, the failure of the next two lowest bidders to acknowledge Addendum No. 2, and the City's determination that revisions to the solicitation method and specifications are appropriate, the City Council finds that rejection of all bids is in the best interest of the City of Port Arthur; and, WHEREAS,the City Council further finds that it is in the best interest of the City of Port Arthur to authorize the Purchasing Department to revise the solicitation method and PR 25154 09/03/2026 JD Page 2 of 3 specifications and reissue the procurement as a Request for Quotes, in accordance with applicable law and City purchasing requirements. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT,the facts and opinions in the preamble are true and correct. THAT, the City Council hereby rejects all bids received pursuant to bid solicitation P26- 051 for the replacement of the existing fence at the Public Works Operations Center. THAT, the Purchasing Department is hereby authorized to revise the solicitation method and specifications and reissue the procurement as a Request for Quotes, in accordance with applicable law and City purchasing requirements. 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 p PR 25154 09/03/2026 JD Page 3 of 3 ATTEST: Christe Whitley Ned, TRMC City Secretary APP O FO . Roxann Pais Cotroneo, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ronald Bi,i n CPM City Manager 2./2 Jessie Dehn, P.E. Director of Public Works APPROVED AS TO THE AVAILABILITY OF FUNDS: Lynda Bosw 1, PhD, ICMA-CM Finance Director CI itIL Clifton E. Wi iams, Jr., CPPB Purchasing Manager P. R. 25154 CITY OF PORT ARTHUR Invitation to Bid Fence Replacement at Operation Center July 15, 2026 July 22, 2026 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS ice is hereby given that sealed bids.addressed to the City of Port Arthur,will be received at the se of the City Secretary.City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no r than 3:00 p.m.,Wednesday,August 5,2026 and all bids received will thereafter be opened read aloud at 3:15 p.m.,on Wednesday,August 5, 2026 in the City Council Chambers,5th )r,City Hall,Pert Arthur,Texas for certain services briefly described as: FENCE REPLACEMENT AT OPERATION CENTER received after the deadline slated above,regardless of method of delivery,will not be considered returned unopened. lies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 Street,City of Port Arthur, and are open for public inspection without charge.They can also be eyed from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. N MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,JULY 23,2026 ATI )0 A.M.AT THE OPERATION CENTER LOCATED AT 201 WEST H.O.MILLS ROAD,PORT, THUR. TEXAS Chapter 2 Article VI Sec. 2-262(C1 of the City's Code of Ordinance, the City Council shall not ud a contract to a company that is in arrears in its obligations to the City. arfton Williams en Williams chasing Manager 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.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,August 5, 2026 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,August 5,2026 in the City Council Chambers, 5th I Floor City Hail,Port Arthur,Texas for certain services briefly described as: FENCE REPLACEMENT AT OPERATION CENTER Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street, City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov,bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, JULY 23, 2026 AT 10:00 A.M.AT THE OPERATION CENTER LOCATED AT 201 WEST H.O.MILLS ROAD. PORT ARTHUR.TEXAS 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. siClu9on Williams Clifton Williams Purchasing Manager P. R. 25154 EXHIBIT B 2 - © % Q d g / �ti § 2 et V- § ■ E. at 2 i C . F - v - o r $ ' � b ¥ _ t a C.) _ o 4 s lb o. es el Ts V k % a m/ , \ \ LT.§ @ _ 2 - & \ 0 cn Q _ x . c C } 1 £ \ eo k $ o \ adk Z \ d - k Z , w I40 0 z _ ■ 0 - Q ral - 2 �k� d k \ c © 2 - z g § - o « . / ka § LA nk 2 e.lr1 , . © - z oJro nr0 c mat (2W I S a = o \i x _ E. Co k s ■ 4 rim . Q 13 44 2 0 00 s ' k / a % } G « oa - « . co > . 2 U coo ) e ~ , i. q z i k EA ato �� ,� f k j \ at i. ` Co d § o se 0 es , © s ES6 A © - . 0 © 2 r0o @2 ,0 § L- ' f k ® . # - ocdts o ¥ « « a P. R. 25154 PBF&C.LLC PERKLNS BROWN FENCLNG AND CONSTRUCTION COMPANY 1324 BURT STREET BEAUMONT,TX.77701 OFFICE(409)833-1533 CELL(409)880-5265 August 21,2026 City of Port Arthur,Texas Subject: Notice of Project Decline-Fence Replacement @ Operations Center P26-051 Dear Clifton Williams, Thank you for awarding PBFC, LLC the contract for Fence Replacement @ Operations Center P26-051.We sincerely appreciate your confidence in our team and the opportunity to work together. After careful consideration and review of our current commitments and resources,we regret to inform you that we must respectfully decline the project award at this time. Due to unforeseen scheduling constraints,we are unable to fulfill the requirements of this contract to the high standard of service we strive to deliver. We apologize for any inconvenience this may cause your team.We value our relationship with the City of Port Arthur and hope to have the opportunity to bid on and collaborate on future projects. Thank you again for your consideration and understanding. Sincerely, ��� Inda Brown Rawls Managing Member PBFC, LLC P. R. 25154 EXHIBIT D 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 13 of 17 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.Box1089,Port Arthur,Texas 77641 or ap@p_ortarthurtx.gov. Page 14 of 17 PAYMENT: Payment s be made upon receipt of the original i. 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 15 of 17 While the purpose of t,, specifications is to indicate minimum 4uirements 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 16 of 17 2. Commer. General Liability occurrence type ins . :.e 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 17 of 17