HomeMy WebLinkAboutP.R. NO. 25150 CONTRACT WITH CLEVELAND ASPHALT PRODUCT, INC. City of
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: September 5, 2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, CPM, City Manager
From: Jessie Dehn, P.E.,Public Works Director
RE: P.R. 25150—Authorizing the City Manager to Contract with Cleveland Asphalt
Products, Inc. of Shepherd,TX and Ergon Asphalt& Emulsions, Inc. of Austin,
TX to Purchase Asphalt, Oil, and Emulsions for the Streets Division
Introduction:
This agenda item requests Council's authorization to execute a one-year contract to purchase
asphalt, oil, and emulsions for the Streets Division.
Background:
The one-year contracts are for purchasing asphalt, oil, and emulsions that are required to
maintain and rehabilitate the City's streets.
The City requested bids through the Port Arthur News on July 8, 2026 and July 15, 2026. Bids
were opened on July 29, 2026, in City Hall. Two bidders, Cleveland Asphalt Products, Inc. of
Shepherd, TX and Ergon Asphalt & Emulsions, Inc. of Austin, TX submitted bids for the
purchase of asphalt, oil, and emulsions.
The contracts' terms are for one year.
"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
The winning bids are as follows:
Primary Vendor Secondary Vendor
Item Unit Price Unit Price
No. Description Unit Unit Price Picked Up Unit Price Picked Up
Delivered at Plant Delivered at Plant
1 CRS-2 gal $3.00 $2.85 $3.45 $3.05
Cleveland Cleveland Ergon Ergon
Asphalt Asphalt Asphalt Asphalt
2 SS-1 gal $3.00 $2.85 $3.48 $3.10
Cleveland Cleveland Ergon Ergon
Asphalt Asphalt Asphalt Asphalt
3 CRS-2P gal $3.55 $3.40 $3.85 $3.45
Cleveland Cleveland Ergon Ergon
Asphalt Asphalt Asphalt Asphalt
4 AE-P gal $3.85 $3.70 $4.13 $3.75
Cleveland Cleveland Ergon Ergon
Asphalt Asphalt Asphalt Asphalt
Budget Impact:
Funding for the projected amount of$650,000.00 is subject to the approval and appropriation
of the Fiscal Year 2026-2027 budget. Once approved, funding shall be available in the Streets
Maintenance Account, 001-21-053-5316-00-70-000 ($50,000.00); and the Capital
Improvement Fund Streets Program Account, 307-21-053-8517-00-10-000 ($600,000.00), for
various projects.
Recommendation:
City Council is recommended to approve PR No. 25150 authorizing contracts with Cleveland
Asphalt Products, Inc. of Shepherd, Texas and Ergon Asphalt & Emulsions, Inc. of Austin,
Texas,to provide asphalt, oil, and emulsions for the Streets Division.
"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 25150
09/05/2026 JD
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS WITH CLEVELAND ASPHALT
PRODUCTS, INC. OF SHEPHERD, TX, AND ERGON ASPHALT &
EMULSIONS, INC. OF AUSTIN, TX, TO PROVIDE ASPHALT, OIL,
AND EMULSIONS WITH A PROJECTED BUDGETARY IMPACT
OF $650,000. FUNDING IS SUBJECT TO THE APPROVAL AND
APPROPRIATION OF THE FISCAL YEAR 2026-2027 BUDGET.
ONCE APPROVED, FUNDING SHALL BE AVAILABLE IN THE
STREETS MAINTENANCE ACCOUNT, 001-21-053-5316-00-70-000
($50,000.00); AND THE CAPITAL IMPROVEMENT FUND
STREETS PROGRAM ACCOUNT, 307-21-053-8517-00-10-000
($600,000.00), FOR VARIOUS PROJECTS.
WHEREAS, the City requires the services of contractors to provide asphalt, oil, and emulsions
for street maintenance; and,
WHEREAS,the City of Port Arthur solicited bids in the Port Arthur News on June 24, 2026 and
July 1, 2026, and were opened on July 15, 2026 (see Exhibit A); and,
WHEREAS, the City received two (2) bids from Cleveland Asphalt Products, Inc. of Shepherd,
Texas and Ergon Asphalt &Emulsions, Inc. of Austin, Texas, as shown in Exhibit B; and,
WHEREAS, the lowest responsible bidders are noted in the contracts for two (2) bids from
Cleveland Asphalt Products, Inc. (see Exhibit C) and Ergon Asphalt & Emulsions, Inc. (see Exhibit D);
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:
THAT, the facts and opinions in the preamble are true and correct; and,
PR 25150
09/05/2026 JD
Page 2 of 3
THAT, the City Manager is hereby authorized to execute contracts with Cleveland Asphalt
Products, Inc. of Shepherd, Texas and Ergon Asphalt & Emulsions, Inc. of Austin, Texas, for the
purchase of asphalt, oil, and emulsion with a projected budgetary impact of$650,000; and,
THAT, funding is subject to the approval and appropriation of the fiscal year 2026-2027 budget.
Once approved, funding shall be available in the Streets Maintenance Account, 001-21-053-5316-00-70-
000 ($50,000.00); and the Capital Improvement Fund Streets Program Account, 307-21-053-8517-00-
10-000($600,000.00), for various projects; and,
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., 2026, 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:
Christe Whitley Ned,TRMC, City Secretary
PR 25150
09/05/2026 JD
Page 3 of 3
APPROVED AS TO FORM:
Roxann Cotroneo, Esq.
City Attorney
APPROVED FOR ADMINISTRAT I N:
Ro : ' •`' PM
City M. !:er
Jessie Dehn, P.E.
Director of Public Works
APPROVED AS TO AVAILABILITY OF FUNDS:
414A Fog
L da Boswell, P , ICMA-CM
Finance Director
-
Clifton E. Williams, Jr., CPPB
Purchasing Manager
P.R. No. 25150
E h • b • t A
(Bid Advertisement)
CITY OF PORT ARTHUR
Invitation to Bid
Asphalt Oil & Emulsion
July 8, 2026 July 15, 2026
PUBLIC NOTICE
CITY OF PORT ARTHUR,TEXAS
ADVERTISEMENT FOR BIDS
atice is hereby given that sealed bids,addressed to the City of Port Arthur.will be received at the
ifice of the City Secretary,City Hall 444 4th Street or P 0 Box 1089,Port Arthur,Texas 77641 no
ter than 3:00 p.m.,Wednesday,July 29,2026 and all bids received will thereafter be opened and
ad aloud at 3:15 p.m.,on Wednesday,July 29,2026 in the City Council Chambers,5th Floor,
ty Hall Port Arthur Texas for certain services briefly described as'
1.ASPHALT OIL&EMULSION
2.CONCRETE BUILDING MATERIALS
ds received after the deadline stated above,regardless of method of delivery,will not be considered
d returned unopened
Ties 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
iheved from the City's website at www portarthurbtgovtbids.aspx or www.publicpurchase.aom.
IE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND
WAIVE FORMALITIES.
.r Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not
rand a contract to a company that is in arrears in its obligations to the City
Clifton Williams
fton Williams
rchasing 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 th
Office of the City Secretary City Hail 444 4th Street or P.O Box 1089,PortArthur,Texas 77641 n
'ater than 3:00 p.m.,Wednesday,July 29,2026 and all bids received will thereafter be opened an
read aloud at 3:15 p.m.,on Wednesday,July 29,2026 in the City Council Chambers,5th Floo
City Hall,Port Arthur.Texas for certain services briefly described as:
1.ASPHALT OIL&EMULSION
2.CONCRETE BUILDING MATERIALS
Bids received after the deadlire stated above,regardless of method of delivery,will not be considers
and returned unopened
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,44
4th Street.City of Port Arthur and are open for public inspection without charge.They can also b
retrieved from the City's wehsite at www portarthurtx gov/bids aspx or www.pubiicpurthase.com.
THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY ANDIOR ALL BIOS AN
TO WAIVE FORMALITIES.
Per Chapter 2 Article VI Sec 2-262(C)of the City's Code of Ordinance the City Council shall ni
award a contract to a company that is in arrears in its obligations to the City.
s/Cti3on Williams
Clifton Williams
Purchasing Manager
P.R. No. 25150
E h • b • t
13
(Bid Tabulation)
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P.R. No. 25150
E h • b • t
(Purchasing Contract Agreement—Cleveland Asphalt Products, Inc.)
CONTRACT TO PROVIDE ASPHALT,OIL,AND EMULSIONS TO THE CITY OF
PORT ARTHUR BY CLEVELAND ASPHALT PRODUCTS,INC.
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 Cleveland Asphalt Products,
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.
Delivered F.O.B. Picked up at Plant
Item Description UOM Worksite
1 CRS-2 gal $3.00 $2.85
2 SS-1 gal $3.00 $2.85
3 CRS-2P gal $3.55 $3.40
4 AE-P gal $3.85 $3.70
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
C-1
I`
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
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of 2026
ATTEST CLEVELAND ASPHALT PRODUCTS, INC.
BY
CITY SECRETARY
C-2
CHARLOTTE M.MOSES,MA 1NALD BURTON,CPM
THOMAS KINLAW,III _ lY MANAGER
MAYOR PRO TEM e n of !
I CHRISTE WHITLEY NED,TRMC
COUNCIL MEMBERS: CITY SECRETARY
TAYLOR L.GETWOOD O r t r t h u t
CAL J.JONES ROXANN PAIS COTRONEO
WARREN PENA T •ras CITY ATTORNEY
KAALA JACOBS
DONALD FRANK,SR.
JULY 20, 2026
INVITATION TO BID
ASPHALT,OIL, AND EMULSIONS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, July 29, 2026 (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,July
29,2026 n the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE:P26-047
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 1089 1 444 4th Street j Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
Page 1 of 17
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 17
0 0
INVITATION TO BID
ASPHALT,OIL,AND EMULSIONS
(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? .",' /
17
Does the pay ay its bills on time?
Do you desire to remain on the bid list for this product or service? / y
Does your present work load permit additional work? I/
Comments/Other Suggestions: DV IV /%?eidi/ r/Z/'' jd v.,,jei we...,
Q. o/wa made Iv proia& ema& 2a to. lth 11 ibi yII,dzml' ' .
Company Name:iciao n 3p h 'CU n `'
Person,com leting For ; Telephone:
Mailing Address: Email:
0 Aziew u4e. 4L00 lc zi� .6piAJodAa tn1�,
ity,State,ZipCo Date:
-TY T7R0 9P/ d
Page 3 of 17
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 6
B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 8 (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 9
E. CHAPTER 2252 CERTIFICATION-PAGE 11
F. HOUSE BILL 89 VERIFICATION-PAGE 12
Page 4 of 17
SPECIFICATIONS FOR
ASPHALT,OIL,AND EMULSIONS
READY-MIX GRAVEL CONCRETE (4000 PSI)
ITEM NO. 1
Gravel Concrete: Per applicable sections of the Texas Highway Department
Specifications, Items 360, 420, 421, 520 and 522.
5 and 7 sack per cubic yard minimum
Minimum compressive strength @ 28 days —4,000 psi
Maximum water/cement ratio by weight: 0.70
Slump Range—3" to 4"
Aggregate size —3/4" to 1"
ITEM NO. 2
Each half sack of cement increment, whether additional or less, will also be
quoted.
AWARD
1. The contract will be one year.
2. The City may 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 5 of 17
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Asphalt,Oil, & Emulsions
BID DUE DATE: July 29,2026
Deli%Bred Picked up
Item Description F.O.B Worksite at Plant
1. CRS-2 $ 3.00 /gal $ 2.85 /gal
2. SS-1 $ 100/gal $ 2.85/gal
3. CRS-2P $ 3.55 /gal S 3.40 /gaI
4. AE-P $ 3.85 /gal $ 3.70 /gal
Cleveland Asphalt Products,Inc. 100 Asphalt Lane
COMPANY NAME STREET ADDRESS
`' ��' - PO Box 1449
SIGNATURE OF BIDDER P.O. BOX
Clayton Moore Shepherd TX 77371
PRINT OR TYPE NAME CITY STATE ZIP
Sales Rep. 800-334-0177
TITLE AREA CODE TELEPHONE NO
clayton.moore@clevelandasphaltproducts.com
EMAIL FAX NO.
Page 6 of 17
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: r,
-F T--
Printed Name: Clayton Moore
Title: Sale s Rep.
Company: Cleveland Asphalt Products,Inc.
Date: 7/22/2026
SUBSCRIBED and sworn to before me by the above Clamed July on
this the 22nd day of July , 20 26„„‘..„,„.
.
1 (p
N `'� NotaryPub is in and for the
oG
P.RY PO4./�;- State of Texas
Nq _ My commission expires:
foj �28426';Lp'L�:
'1i,rin►10`
Page 7 of 17
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I
further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree
to pay said debts prior to execution of this agreement. 1 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.
Cleveland Asphalt Products,Inc. 7/22/2026
Firm Name Date
Sales Rep.
Authorized Signature Title
Clayton Moore 800-334-0177
Name(please print) Telephone
clavton.moore@clevelandasphaltproducts.com
Email
STATE: Texas
COUNTY:&IZaCI tJkO
SUBSCRIBED AND SWORN to before me by the above named Clayton Moore
on this the 22nd day of July ,2 26 .
(..1)
ota Public
RETURN THIS AFFIDAVIT AS PART OF THE BIDol 1 A J
+:$ .4StY P&o.<
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Page 8 of 17 0, /RCS Zy-�
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
OFFICE USE ONLY
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176,Local Government Code.by a vendor who Data rocoived
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 1 76,006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly vio?ates 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.
Cleveland Asphalt Products,Inc.
Check this box if you are filing an update to a previously filed questionnaire.;The law requires that you file an updated
oompletec 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 1
J Name of local government officer about whom the information is being disclosed.
N/A
Name of Off':cer
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?
Yes X 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 X 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.
`A
J
flmock this box if the vendor nos 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
7/22/2026
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 9 of 17
C� C
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acompfete copy of Chapter 176 of the Local Government Code may be found at http:Uwww.statutes.legisstate.ix.us/
Docs/LG/h1m/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 includea connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or focal governmental entity or an
agency Of 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,thatagency.
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 orafamily 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,ora 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 liter 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 toa 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)H
(B)'that the vendor has given one or more gifts described by.Subsecion(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethtes.state.tx.us Revised 1 1/3 012 0 1 5
Page 10 of 17
House Bill 89 Verification
Clayton Moore (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Cleveland Asphalt Products,Inc.
(company or business name, hereafter referred
to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after
being duly sworn by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of
Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by
Texas Government Code Section 2270.001 to mean refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli-controlled territory, but does not include
an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this 22 day of July , 20 26 . 011„f/
C Ai R II
r''%
4/vtht Co..0 c OF SE 6�:
Votary Public 'Oip •7213a26•1...-tL�'�,
'CS I 0-2`�2,•`•
.
Page 11 of 17
SB 252
CHAPTER 2252 CERTIFICATION
1, Clayton Moore ,the undersigned an representative
of Cleveland Asphalt Products,Inc.
(Company or Business Name)
being an adult over the age of eighteen(18)years of age, pursuant to Texas Government Code,
Chapter 2252,Section 2252.152 and Section 2252.153, certify that the company named above is
not listed on the website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I
further certify that should the above-named company enter into a contract that is on said listing
of companies on the website of the Comptroller of the State of Texas which do business with
Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
Clayton Moore
Name of Company Representative(Print)
Signature of Company Representative
7/22/2026
Date
Page 12 at l'
h
INFORMATION TO BIL,..r.RS:
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 provideu by the City of Port Arthur is for in1.,rmation 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 14 of 17
PAYMENT: Payment v 'le made upon receipt of the original " ,3ice and the acceptance of
the goods or services by inc City of Port Arthur, in accordance w.L.1 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 fmancial
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 th )ecifications is to indicate minimuir luirements in the way of
capability, performance, construction, and other details, its use is no, 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. Commerc. ieneral Liability occurrence type ins ice 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
P.R. No. 25150
E h • b • t D
(Purchasing Contract Agreement—Ergon Asphalt& Emulsions, Inc.)
CONTRACT TO PROVIDE ASPHALT,OIL,AND EMULSIONS TO THE CITY OF
PORT ARTHUR BY ERGON ASPHALT& EMULSIONS,INC.
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 Ergon Asphalt&Emulsions,
Inc. hereinafter called "CON TRACTOR."
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.
Delivered F.O.B. Picked up at Plant
Item Description UOM Worksite
1 CRS-2 gal $3.45 $3.05
2 SS-1 gal $3.48 $3.10
3 CRS-2P gal $3.85 $3.45
4 AE-P gal $4.13 $3.75
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
D-1
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
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY
Signed on the day of 2026
ATTEST ERGON ASPHALT&EMULSIONS, INC.
BY
CITY SECRETARY
D-2
�'
CHARLOTTE M.MOSES,MA �. -..r "INALD BURTON,CPM
THOMAS KINLAW,III Cityof IY MANAGER
MAYOR PRO TEM
CHRISTE WHITLEY NED,TRMC
COUNCIL MEMBERS: CITY SECRETARY
TAYLOR L.GETWOOD i ---^
�rrt rtlrrrr
CAL J.JONES ROXANN PAIS COTRONEO
WARREN PENA Texas CITY ATTORNEY
KAALA JACOBS
DONALD FRANK,SR.
JULY 20, 2026
INVITATION TO BID
ASPHALT,OIL,AND EMULSIONS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, July 29, 2026 (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,July
29, 2026 n the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARL{ENVELOPE:P26-047
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
cifton.willianls@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams
P.O.Box 10891444 4th Street( Port Arthur,Texas 77641 1409.983.8160 (Fax 4.09.983.8291
Page 1 of 17
The enclosed INVITATION TO BID (l113) 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 17
INVITATION TO BID
ASPHALT,OIL,AND EMULSIONS
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY
RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you
will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding
the reason(s). Your assistance in completing and returning this form in an envelope
marked with the enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State,Zip Code: Date:
Page 3 of 17
FP
THE BIDDER MUST SUBMIT THE FOLLOWING.
A. BID SHEET-PAGE 6
B. NON-COLLUSION AFFIDAVIT-PAGE 7 (MUST BE NOTARIZED)
C. AFFIDAVIT-PAGE 8 (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 9
E. CHAPTER 2252 CERTIFICATION-PAGE 11
F. HOUSE BILL 89 VERIFICATION-PAGE 12
Page 4 of 17
SPECIFICATIONS FOR
ASPHALT,OIL,AND EMULSIONS
READY-NIIX GRAVEL CONCRETE (4000 PSI)
ITEM NO. 1
Gravel Concrete: Per applicable sections of the Texas Highway Department
Specifications, Items 360, 420, 421, 520 and 522.
5 and 7 sack per cubic yard minimum
Minimum compressive strength @ 28 days—4,000 psi
Maximum water/cement ratio by weight: 0.70
Slump Range— 3"to 4"
Aggregate size —%" to 1"
ITEM NO. 2
Each half sack of cement increment, whether additional or less, will also be
quoted.
AWARD
1. The contract will be one year.
2. The City may 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 5of17
CITY OF PORT ARTHUR.TEXAS
BID SHEET
BID FOR: Asphalt,Oil,& Emulsions
BID DUE DATE: July 29,2026
Delivered Picked up
Item Description F.O.B Worksite at Plant
I. CRS-2 $3.45 /gal $3.05 /gal
2. SS-1
$3.48 /gal $3.10 /gal
3. CRS-2P $3.85 /gal $3.45 /gal
4. AE-P $4.13 /gal $3.75 /gal
Ergon Asphalt& Emulsions, Inc. 11612 RM 2244, Bldg. 1, Ste. 250
COMPANY NAME STREET ADDRESS
1 ‘4)4)6C
S 1)01-)6/2d-'
SIGNATURE OF BIDDER P.O.BOX
Lisa Chavez Austin Texas 78738
PRINT OR TYPE NAME CITY STATE ZIP
Account Specialist 512 469-9292
TITLE AREA CODE TELEPHONE NO
Iisa.chavez@ergon.com 512 469-0391
EMAIL FAX NO.
This bid is for full transport loads of 5,500 gallons. Freight is based on a full transport load,
even if a full load of material is not ordered. Pump and hose charge is $100.00 per load.
Demurrage is billed at$100.00 per hour, after the second hour. Return freight is one-half
of the common carrier's outgoing tariff rate. For equipment ordered but not used (loads
not canclled in a timely manner), the carrier may charge up to a $400.00 cancelled load
fee which will be paid by the customer.
Page 6 of 17
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: Lisa Chavez
Title: Account Specialist
Company: Ergon Asphalt&Emulsions,Inc.
Date: July 24,2026
SUBSCRIBED and sworn to before me by the above named Lisa Chavz on
24th day of July , 20 26
•
Ea_ VCAAA_
Notary Public in and for the
�" LISAVAN WINKLE
��• : State of Texas
My Notary ID#130641670
%�. Expires Apri 5,2026 4-5 -
�••••• My commission expires:
Page 7of17
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.
Ergon Asphalt & Emulsions, Inc. Julu 24. 2026
Firm Name Date
AftlY1
Account Specialist
Authorized Signa ure Title
Lisa Chavez 512-469-9292
Name(please print) Telephone
Ilse.chavez@?a ergon.corn
Email
STATE: Texas
COUNTY: Travis
SUBSCRIBED AND SWORN to before me by the above named Lisa Chavez
on this the 24th day of July , 20 26 .
UJAC.
fir;. LISA VAN WINKLE Notary Public
My Notary ID#130641670
:6,,.'!:'' Expires Apri 5,2028
RETURN THIS AFFID VI I AS PAR I"OF THE BID PROPOSAL
Pace 8 of 17
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B. 23, a4th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor wno
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 requre 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.
Ergon Asphalt & Emulsions, Inc.
J
l l Check this box if you are filing an update to a previously filed questionnaire. The law requires that you file an updated
1 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate 1 N/A
Name of local government officer about whom the information is being disclosed.
N/A
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)(2i(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.
N/A
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 Q 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 of director.or holds an
ownership interest of one percent or more.
N/A
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 176003(a)(2)(8). excluding gifts described in Section 176.003ia-1) N/A
7l f
July 24, 2026
Signature of vendor doing business with the mmental entity ?'a
Form provided by Texas Ethics Commission www.ethics.state tx us Revised 1t 30r2015
Page 9of17
0 r 0
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:1/www.statutes.legis.state.tx.us/
DocsILGihtm/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 cornmercial;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,orlocal 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,an d 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 thedate that the officer becomes aware that
(i) acontract 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 vendorhas been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Coda§176.006(a)and(a-11
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section•176.003(a)(2)(A);
(2) has given a focal 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
gilt described by Section 176.003(a-1);-or
(3) has a family relationship with a local government officer.ot 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 thatthe 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 art 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 iwrw:ethtcs.state.tx.us revised 11l30.2015
Page 10 of 17
House Bill 89 Verification
1,
Lisa Chavez (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Ergon Asphalt & Emulsions, Inc.
(company or business name, hereafter referred
to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after
being duly sworn by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of
Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by
Texas Government Code Section 2270.001 to mean refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli-controlled territory, but does not include
an action made for ordinary business purposes.
J CoL /A
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on
this 24th day of July , 2026
''"' : LISA VAN WINKLE
oc
„ My Notary ID#130641670
h( U,L\ 1 1 "� .•: Expires April5,2028
Notary Public
Paee 11 of 17
SB 252
CHAPTER 2252 CERTIFICATION
Lisa Chavez _ ,the undersigned an representative
of Ergon Asphalt & Emulsions, Inc.
(Company or Business Name)
being an adult over the age of eighteen (18) years of age,pursuant to Texas Government Code,
Chapter 2252,Section 2252.152 and Section 2252.153, certify that the company named above is
not listed on the website of the Comptroller of the State of Texas concerning the Isting 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.
Lisa Chavez
Name of Company Representative(Print)
( jlQV '
Signature of Company Represe 've
July 24, 2026
Date
Page 12 of 17
INFORMATION TO BIL,.,r,RS:
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 1TB, the terms "Bid" and
Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this IT13 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.tmus/filinginfo/conflict_forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a
respo zse-to this l you-acknowledge that your 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 provideu by the City of Port Arthur is for in1.,rmation 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:
I. 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.
VOICES:All invoices shall be-mailed directly to the City of Port Arthur, Attu- Accounts
Payable,P.O. Box 1089,Port Arthur,Texas 77641 or ap@aportarthurtx.gov.
Page 14 of 17
PAYMENT: Payment v '3e made upon receipt of the original - nice and the acceptance of
the goods or services by we City of Port Arthur, in accordance w....i 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 ITT.
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 qw ntities 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
1111,
While the purpose of th ?ecifications is to indicate minimuir luirements in the way of
capability, performance, construction, and other details, its use is no, 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. Commerc ieneral Liability occurrence type ins ice 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 CER 1'iFICATE 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 CER I IFICATE OF
[NSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as
the Insured. Said completed CER[IFICATE 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