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HomeMy WebLinkAboutP.R. NO. 25146 CONTRACT WITH SEVERAL COMPANIES TO PURCHASE ROAD BUILDING MATERIALS. City of art rthu Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 28, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Jessie Dehn, P.E., Director of Public Works RE: P.R. 25146—Authorizing the City Manager to Contract with Several Companies to Purchase Road Building Materials Introduction: This agenda item requests Council's authorization to execute one-year contracts to purchase road-building materials for the Streets Division. Background: The Streets Division relies on road-building materials such as limestone, aggregate, and sand from contractors to maintain and rehabilitate the City's streets. The City requested bids through the Port Arthur News on June 24, 2026, and July 1, 2026. Bids were opened on July 15,2026,in City Hall.The City received six(6)bids from Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas;KAT Excavation and Construction of Sour Lake,Texas; Martin Marietta Materials,LLC of Beaumont, Texas; Mid County Land Co, LTD of Port Arthur, TX; and Modern Concrete & Materials, LLC of Beaumont,Texas. The contracts' terms are for one year. Staff reviewed the bids and considered them to be the fair market value for these services and in line with past costs.The contractors are not guaranteed any minimum amount of work under this contract. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Four categories, Item 3, Limestone(Primary, Secondary, and Tertiary Vendors,Worksite); Item 3, Limestone (Secondary and Tertiary Vendors, Plant); Item 11, Concrete Rubble (0"-8" size mixed) (Secondary and Tertiary Vendors, Plant), received identical bids, requiring the casting of lots to determine the lowest responsible bidder. Four total lots will be cast. Budget Impact: Funding for the projected amount of$3,000,000.00 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 ($500,000.00), and the Capital Improvement Fund Streets Program Account, 307-21-053-8517-00-10-000 ($2,500,000.00), for various projects. Recommendation: City Council is recommended to approve PR No. 25146 authorizing contracts with Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Mid County Land Co, LTD of Port Arthur, TX; and Modern Concrete&Materials, LLC of Beaumont,Texas.,to provide road building materials for the projected amount of$3,000,000.00, subject to the approval of the FY 2026-2027 budget. 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O VI b � o b 0 °' o ti 4 E >< x 0.1 Cie c. o d V▪ 00 O 69 > Z c 0 O a 2, ., 0 N Aoo E aq (- n :� cd In E- CO 5 o cw 4- Z - tn Fr ROAD BUILDING MATERIALS COIN TOSS RESULTS A. Item 3: Limestone Position: Primary and Secondary Vendors,Worksite Bid: $47.00 Martin Marietta Materials, LLC: Heads Tails—Primary Secondary Modern Concrete&Materials, LLC: Heads Tails—Primary Secondary Coin Toss: Heads Tails B. Item 3: Limestone Position: Tertiary Vendor, Worksite Bid: $48.00 Texas Materials, a CRH Company: Heads Tails—Tertiary Not Selected Vulcan Construction Materials, LLC: Heads Tails—Tertiary Not Selected Coin Toss: Heads Tails C. Item 3: Limestone Position: Secondary and Tertiary Vendors, Plant Bid: $40.00 Modern Concrete &Materials, LLC: Option 1 Option 2 Option 3 —Secondary Tertiary Martin Marietta Materials, LLC: Option 1 Option 2 Option 3 —Secondary Tertiary Vulcan Construction Materials, LLC: Option 1 Option 2 Option 3 —Secondary Tertiary Draw 1: 1 2 3 Draw 2: 1 2 3 D. Item 11: Concrete rubble 0"-8" size mixed Position: Tertiary Vendor, Plant Bid: $55.00 Modern Concrete & Materials, LLC: Heads Tails—Tertiary Not Selected Vulcan Construction Materials, LLC: Heads Tails—Tertiary Not Selected Coin Toss: Heads Tails PR 25146 09/03/2026 JD Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR ROAD BUILDING MATERIALS WITH TEXAS MATERIALS, VULCAN CONSTRUCTION MATERIALS, KAT EXCAVATION AND CONSTRUCTION, MARTIN MARIETTA MATERIALS, MID COUNTY LAND CO, AND MODERN CONCRETE & MATERIALS FOR THE PUBLIC WORKS STREETS DIVISION AND THE ENGINEERING DEPARTMENT WITH A PROJECTED BUDGETARY IMPACT OF $3,000,000.00. FUNDING IS SUBJECT TO THE APPROVAL AND APPROPRIATION OF THE FISCAL YEAR 2026-2027 BUDGET. FUNDING SHALL BE AVAILABLE IN THE STREETS MAINTENANCE ACCOUNT, 001-21-053-5316-00-70-000 ($500,000.00), AND THE CAPITAL IMPROVEMENT FUND STREETS PROGRAM ACCOUNT, 307-21-053-8517-00-10-000 ($2,500,000.00), FOR VARIOUS PROJECTS. WHEREAS, the Streets Division relies on road-building materials such as limestone, aggregate, and sand from contractors to maintain the City's streets; and, WHEREAS, the City of Port Arthur solicited bids in the Port Arthur News on June 24, 2026, and July 1, 2026, and they were opened on July 15, 2026 (see Exhibit A); and, WHEREAS, the City received six (6) bids from Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Mid County Land Co, LTD of Port Arthur, TX; and Modern Concrete & Materials, LLC of Beaumont, Texas, as shown in Exhibit B; and, WHEREAS, the City received identical bids for Item 3, Limestone (Primary, Secondary, and Tertiary Vendors, Worksite); Item 3, Limestone (Secondary and Tertiary Vendors, Plant); Item 11, Concrete Rubble (0"-8" size mixed) (Secondary and Tertiary Vendors, Plant), requiring the casting of lots to determine the lowest responsible bidders; and, PR 25146 09/03/2026 JD Page 2 of 4 WHEREAS, Section 271.901(b) and (c) of the Texas Local Government Code states: (b) If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots. (c) The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be conducted in the presence of the governing body of the municipality or district. All qualified bidders or their legal representatives may be present at the casting of lots. WHEREAS,the lowest responsible bidders are noted in the contracts for six (6)bids from KAT Excavation and Construction (see Exhibit C), Vulcan Construction Materials, LLC (see Exhibit D), Martin Marietta Materials, LLC (see Exhibit E), Texas Materials, a CRH Company(see Exhibit F), Mid County Land Co, LTD of Port Arthur, TX(see Exhibit G), and Modern Concrete & Materials, LLC (see Exhibit H); and, WHEREAS, each contract shall terminate one(1) year from the date of the Notice to Proceed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT,the City Manager is hereby authorized to execute contracts with Texas Materials, a CRH Company of Beaumont, Texas; Vulcan Construction Materials, LLC of San Antonio, Texas; KAT Excavation and Construction of Sour Lake, Texas; Martin Marietta Materials, LLC of Beaumont, Texas; Mid County Land Co, LTD of Port Arthur, TX; and Modern Concrete & Materials, LLC of Beaumont, Texas, to purchase road building materials with a projected budgetary impact of$3,000,000.00; and, IMP PR 25146 09/03/2026 JD Page 3 of 4 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 ($500,000.00), and the Capital Improvement Fund Streets Program Account, 307-21-053-8517-00- 10-000 ($2,500,000.00), 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 25146 09/03/2026 JD Page 4 of 4 APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED OR • D STRATION: de I I `*, Ronald Burton, 'M City Manat- Jessie Dehn, P.E. Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: Lyn a Boswel , PhD, I MA-CM Finance Director Clifto E. Williams, Jr., CPPB Purchasing Manager P.R.No.25146 E h • b . t A (Bid Advertisement) CITY OF PORT .ARTHUR Invitation to Bid Road Building Materials June 24,2026 July 1,2026 • CITY OF PORT`ARTHUR,TEXAS ADVERTISEMENT FOR BIOS )lice is hereby given that seated bids addressed,to the City of Port Arthur,wit be received at the. Tice of the City Secretary,Ci Hatt 444 4th Street or P.O.Box 1089,Port Arthur;Texas 77641 no er than 3:00 p.m,Wednesday,duly 15,2028 and all bids received will thereafter be opened and id aloud al;3:15 p.m.,Mi Wednesday,July 15,2020 In the City Council Chambers,5th Floor, fy t-tali,Port Arthur,Texas for certain services briefly,described es. i REPAIR CLAMPS 2,ROAD BUILDING MATERIALS • IS received after the deadline stated.abov regardless of method of del€very.will not be considered d returned unopened, '. pies of the Specifications other Contract Documents are on fie in the Purchasing Office,444 rstreet,City of Port Arthur,and are open for public inspection without charge.They can also be ieved_from the City's website at irrmw.porterthurtz.gov/hids.espX.or wwiiv publicpurahase.cort E CITY OF PORT ARTHUR RESERVES-THE RIGHT TO REJECT ANY AND/OR ALL BiDS ANO r WAiVE•FORMALITIES. - r Chapter52 Article VI Sec.2 262(C)of the City's Code of Ordinance,the City Council shall not aid a contract to a company that is in arrears in its obligations to the City. • ;Ilftori Williams 'ton, 'chasing Manager PUBLIC NOTICE, CITY OF PQttT ARTH ti ir3iAS ADVERTISEMENT:FOR BIDS; • Notice is hereby given that sealed bids,addressed to the C of PQ�rctt Arthur;will r@deived at the Office of the City Secretary City Hear 444 41h Street ofP.O 1,089,Port Arithur Texas 77641 no later than 3:00 p,m..Wednesday,July 15,2028 end ali,blds received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,J,uly.15,2026 In the'OW Ccu ncti Chatrit ers,5th Floor, City Halt,Port Arthur,Texas for certain services briefty;described as 1.REPAIR CLAMPS ; 2.ROAD BUILDING MATERIALS • B)ds received after the deadline stated above,regardiess`of method of dellVery,veil not be considered and returned unopened, F r Copies of the Specifications end other Contract Documents are on file In the,Purciaing Office,444 4th Street,City of Port Arthur,and are open for public inspection.without,chaFTrge `_y can also'be retrieved front the City's website at wwwportarthurtx.gbv/blds;aspx or'www7,publicpf ttese.cam: THE CiTY OF PORT ARTHUR RESERVES THE RIGHT TO REJECTANYAND/OR ALLBIDS AND TO WAIVE FORMALITIES. 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FF c F F v t - 0 a) u . x a x 1 co a ocn .0 0 , i a) 04i-ie x n ° x CC he o v O E o 08 ju a 2 E o al o o g p i z 'o o m _I a C x ct T , U `t -0 LA 'dFooNVVai CwvEL, v n C v G ' o . .� a) rn v. oG y) 03om : a0 o] • 1 o � a. 3. f ao , O. -.1 is b a •, n a - a) u .- ,... 1 a; C aaW)0aE a '4 � 2 60 5mT ofiSo Ec4 " 0 .' oo 0 �_ 0 ur o � O E < =- a al _. . i- ¢ = U \ 5 It U N C '� tin 'O t- 00 O' O O 4 i+ .r P.R.No.25146 Exhibit (Purchasing Contract Agreement—KAT Excavation & Construction) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR 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 KAT Excavation& Construction, Inc.hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms,conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one(1)year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30)days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor,and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CON TRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. C-1 Z N E"H N E� o N E", N F'^ • 0 3 E E U b c 5 to z z z z L OJ E-+ V ¢ ¢ ¢ ¢ o z z z z 2 z a, ".. 3 z z z z © Is - 7 z Z z -0 0-1 O C4 .. ¢ ¢ ¢ ¢ N a z z z z cA a, ¢ ¢ o z z z z L O i "O 0 CIJ C . Q Q Q 0a z z z E U. 5 ¢ ¢ ¢ o z z z z 2 z 0 0 0 0 0 H H H H P. a) -0 Z o o O. O a) cC •iC) ° a) -. � yE a) 'O 2 � C . Qc -0Q s 41'- r 0, o © 5. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid 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 KAT EXCAVATION& CONSTRUCTION BY CITY SECRETARY C-3 CHARLOTTE M.MOSES,MAYOR \ RONALD BURTON,CPM THOMAS KINLAW, CITY MANAGER MAYOR PRO TEM City of /71 ti���� CHRISTE WHITLEY'NED,TRMC COUNCIL MEMBERS: 7 CITY SECRETARY TAYLOR L.GETWOOD o r t r t h u a CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA Tc.xas CITY ATTORNEY KAALA JACOBS DONALD FRANK,SR. JULY 1,2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P26-043 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 7764I PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 !Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (1TB) 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. eletp)1,- U2L/14.211141-- Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type"PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE"A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs. Gradation Sieve Size % Passing 1'/2" 100 1" 90-100 3/ 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 " Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials,and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 -30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C l 50 (latest revision), Type 1 - I- 'h sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment,whether additional or less, will also be quoted. 11.CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12. EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at ftp://ftp.dot.state.tx.usivubftxdot-info/des/spec-book-1114.adf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 I CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12,2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $56'2S n ZS 4. 610 Base Limestone $ /ton $ /ton $ 2 /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand25 (Base Bid) $ /ton $ /ton $- no 10. A. %2 sack incremental increase to base bid $ /ton $ /ton $ 6'°/ton B. %2 sack incremental decrease to base bid $ /ton $ /ton $(a•0/ton 11. Concrete Rubble,0"-8" size mixed $ /ton $ /ton $ /ton J Aka. ,,,,,„,.. , ,,,,iNgoi 2//)72 Signatu / f P Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton UNIT COST 15. 5 Gallon Tack Oil Bucket $ Location of stockpile, plant or shipping point: T 1G4fJ,v (al/51*417,44 Key.) goy or COMP NY NAME STREET ADDRESS SI A DER P.O. BOX A1&- a�lr-A-74) SDV,C )X ?7l PRINT OR TYPE NAME CITY !STATE ZIP 474104/A zoy TITLE AREA CODE TELEPHONE NO. 644/0/ 44W5i,Wids/ i - 75"3 if l EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: AV 1.- /Ft l/0 Title: S jl.#ii<T // , /"( - �1 _ Company: //1T 2Xf1v,41%lU) 1 GD.(2SfAdge_ / i(/ Date: 7// /cRto SUBSCRIBED and sworn to before me by the above named TatAil 6040htiN on this the IV" day of atiAl , 201tf . r►iitig KELLIE-MARIESAYLOR OtGry Publi and for t State of T s � a My Notary ID#132696402 '?%ro; ''' Expires September 25,2028 My commission expires: a 17i51-a Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / 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.FA T X kfr'9, Gni0J10 ]11/ 7/15 / 77t9 Fir Na Date Z.5/71a0,/A*r utho z atu re Title 1 pAtL /r47A / le9- —170 Name (please print) Telephone f57/ rr1 ji/f i.),Wi i/off IIi i Email STATE: le ,a.� COUNTY: NkAtin SUBSCRIBED AND SWORN to before me by the ahovc named ?WA -A4l on this the lrk day of 20 14 . YLOR696402IcDE51 25,2 J (47— - RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. e -1t/,�T fx,,4VA/70'/J w- J1"1(1�Th 4) FiCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer .J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. ,J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). .LI ,A 4 �, /` ►.r1/� Sig•attire o -nd .• ,!0 ness with the governmental entity ate Form provided by Texas Ethics Co fit•"fission wv✓w.ethics state tx us Revised 1t/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means aconnection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to.that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics state tx us Revised 11/3012015 Page 13 of 20 House Bill 89 Verification I, /Q4UL- Grkf7/ (Person name), the undersigned representative (hereafter referred to as "Representative") of A r Z-7- .1 -7-4,- 41"- ze 41/Prii4 _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGN URE liF 'i: TATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this (S-day of TIMA I , 20/ . ° KELLIE-MARIE SAYLOR , •• '-- :* My Notary ID#132696402 ''.'s.?bF:'' Expires September 25,2028 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, Afai *F-RA) the undersigned an representative of or- f X 1 0 1 7 / l C).3r v6pd:() (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. 411) 6"/Frii Name of ompany Rep sentative (Print) Signature of y Representative 7//3 470 Date Page 15 of 20 1 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 ClQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641 or ap@portarthurtx.gov. • Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws. ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If,through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials,machinery,equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964,no person shall,on the grounds of race,color, or national origin,be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers,agents,and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less;or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;and, b. Property Damage $100,000 per occurrence regardless of contract amount;and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency,contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R.No.25146 E hob • ut D (Purchasing Contract Agreement—Vulcan Construction Materials, LLC) { CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT,made this day of , 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 Vulcan Construction Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one(1)year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment,labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. D-1 MP cia o :' d ¢ cA d d ¢ 'r? du oo z z z z0z z > 1. 0 b 0 z� z z0› 0 z z cc z CI as a) 0. d d d d d d " ti d z z z z z z o : Z Na � 3 z z z z � � z z z 0 0_— U at = z z cc z z z z z b a co) 0 0 U N : E. z z o�z z z 5 z z � > a, U ,-, U L. M M � z S z o = 'z in0 0 ER > 7. > ds > EA > ` > zs— © 0 o C o C o 0 0:, 0 o C q o ct ¢ © 5 o cl c ¢ o ct CC 'I' Sinj -U. Ir'j - 90 .� Ci0 O a � > 64 > z In 0 J4 > EA > � > z � > E aw RCS 'T in El ct ou Q ¢ <4. U U ' N 'z �z z = z � 0� c 0 0 0 0 0 0 0 0 H H H H H H H H U 0 8 pA o0 0 'C N 0 0 U �+ 5 U U 0.) a) E o - z - M d" N - 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 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 VULCAN CONSTRUCTION MATERIALS, LLC BY CITY SECRETARY D-3 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM THOMAS KINLAW,HI CITY MANAGER MAYOR PRO TEM City of CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY TAYLOR L.GETWOOD o r t r t h u r CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA Texas CITY ATTORNEY KAALA JACOBS DONALD FRANK,SR. JULY 1, 2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-043 DELIVERY ADDRESS: Please submit one (1) original and one (1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 1089(444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Gejecakrut- Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 Nor SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation Sieve Size % Passing 1W 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item #341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway. Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials. and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps. when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces. when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40. shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTIv1 D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids. alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision). Type 1 - 1- 1/2. sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 !%_ sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12. EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at ftp:iiftn.docstate.ta.usionbittdot-info/des/socc-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD I. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Pan 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $e 3` .*ihon $ L /ton $13a.41`ton B. Type"PE"Grade 4 Precoated Aggregate $(3iA/ton $ 'Gs/ton $ l L' ton 2. Blackbase $ IV> /ton $ f /ton $ (' /ton 3. Limestone $ 9 t /ton $ q° :ton $ 4 t /ton 4. 610 Base Limestone $ '5,/ton $ 55 /ton $ 44 t bon 5. Type"D" Hotmix Asphaltic Concrete PVT '( y) $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D'1,i..vcrn1� Asphaltic Concrete Pavement a1'0 $t�`1'/ton $ 1. /ton $t'11.11ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $1.01.411ton $ 4 /ton $/C14-fi'ton Pavement -11ok'1' 8. Romayor Sand 141) 1'3140 $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) , LP S /ton $ /ton S /ton 10. A. '/2 sack incremental increase to base bid S /ton $ /ton $ /ton B. '% sack incremental decrease to base bid $ /ton $ /ton $ /ton 0 11. Concrete Rubble, 0"-8" size mixed $ l� ton $ SS /ton $ l!✓ 5/fon 3ks' C-1\-D161PSP-51(1 -. 1 t) 1_5 Signature Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock lW $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock 10lt'I9 $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ 5'g /ton $ 5'O /ton $ /ton TLrpe t9Y a UNIT COST 15. 5 Gallon Tack Oil Bucket $ 6 V'2 Location of stockpile, plant or shipping point: \ L: - 1) t , ftC,ct, COMPANY NAME STREET ADDRESS U 701 cs s� SIGNATURE Cr. IDDER ' P.O. BOX A101,(11,()I toltalkot ,c641A, Ar!Z-V PRINT OR WPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. V6 1 — 300 EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: CLKOlvh-/‘ ~be&irrIA"- Printed Name: Air,ut lt,..0"(2-1/In71 Title: cc..e- Yir�btik � Company: I U \C-Ck-e- CW 'U GRC. . V-C 1(21.. , L.L_C. Date: i' 1, 2._C)/W SUBSCRIBED and sworn t before me by the above med n this the 'U day of 20'1iL .lit, Notary ublic in and for the 4041j%, TAYLOR GROTHUES State Texas rz�r ma's Notary Public,State of Texas ''',,,!^►... Comm.Expires 12-02-2029 ,;i;,,. Notary ID 133471642 My commission expires: 17r /12.l Jell/ Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. 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 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. 0-(-0-1) (SArl ( '"i( `� i CIcle3A Ct.L c ,LL c 1 ?-,n.A4 Firm Name Date cur\ ILL, frkit)-1()-qyuk_ 11 is \-- Authorized Sig nae Title a ( ON\a_ fit' -- :. Name (please print) Telephone th4-71-1\ a (Cr`..)\Air_I.NA. 1 t,car Email STATE: COUNTY: 4� � SUBSCRIBED AND SWORN to before me by the above named tetilikedi on this the itjyt(/t. day of . 20 Notary Pu is RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL •0147.u', TAYLOR GROTHUES 4 �n_Notary Public,State of Texas Comm.Expires 12-02-2029 ''a,,,°t1> Notary ID 133471642 Page 1 1 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session, OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Peceived has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. ?1n I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. J riCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). a'Alkilk Signature of vendor doirl6�t3u mn ss with the gemmental entity Date t. Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state,tx.usi Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on; (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public:or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;. or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids. correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer. or a family member of the officer described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics state to us Revised 11 30.'2015 P:ttzc 13 of 20 House Bill 89 Verification I, Pr .L'\ � �-x,�,�t (Person name), the undersigned representative (hereafter referred to as "Representative") of Chi 1,4" (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 REP SENTATIVE SUBSCRIBED AND WORN TO BEFORE ME, the undersigned authority, on this day of , 20'J soo>" �U., TAYLOR GROTHUES ?=r 'Notary Public,State of Texas Comm.Expires 12-02-2029 '% o„` cam Notary ID 133471642 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, AV - �Gi , the undersigned an representative ,a of \ t.CC Culn. I Lnl kk %t &L 1 L1LL, (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. sAy\cift, \ Name of Compatiy Representative(Print) 'AttiL.nor Signature of CompaAy Represent`ttive Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https:i/www.ethics.state.tx.uslfilinsinfo/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. Paee 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: l. 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. LNVOICES: All invoices shall be mailed directly to the City of Port Arthur. Attn.: Accounts Payable, P.O. Box 1089,Port Arthur. Texas 77641 or apeportarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f 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 INFORRMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of me specifications is to indicate minimum requirements in the way of capability. performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall. on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense. purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur. its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500.000 each person/$1,000,000 per occurrence for contracts in excess of$100.000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000.000 for contracts of $100.000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers. effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified. Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R.No.25146 ill E h • b • t E (Purchasing Contract Agreement—Martin Marietta Materials, LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT,made this day of , 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 Martin Marietta Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one(1) year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment,labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. E-1 a, g. 4 d d d d d o z z Z Z Z o v a tu a 4n d d d d oo z z z z .1 0. O F fie F d d d d d o z z z z z as e3 0 ,, es o CC � � . I " . , � `s o � mv . 3 OF - g - g 49 co ea �. co co > .: Zc cc . a o f a oot RRt a : N � 1-1 O 0 A-, vi it ,C i 4O � � � � -' g ed g 0 u con Q cos � cs = 00s � 00 'Stit N t ----Z Eon."' i ;re 5 f •g,s- ,"t a 1 g..2 k-. E,,,k f) .� -• ,,a 1 •;..., Lt a, 44 6, 00 Q d d d � z z z 'z O a d d d d d � = z z z z a E ac � o ,CI d d d o11' 0 'z z z 'z o 0 0 0 0 E� E, EI E-1 Eo -+ Oo .., 7 °, • • 0 co :� ai °' -o Ei ° o az 0 Az en 00 0, 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 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 MARTIN MARIETTA MATERIALS, LLC BY CITY SECRETARY E-3 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM THOMAS KINLAW,III City of CITY MANAGER MAYOR PRO TEM CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY TAYLOR L.GETWOOD rl r t r t h ttr CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA Texas CITY ATTORNEY KAALA JACOBS DONALD FRANK,SR. JULY 1,2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-043 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 Page 1 of 20 F The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 IF INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 Wr THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE"A"BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material I W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation. Sieve Size % Passing 11A" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps. when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces. when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 -30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C 150 (latest revision), Type I - 1- '/z sack: or. will be considered base bid. 'h sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 Y sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: ''A sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12. EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at fto:;rm.dot.state.u.es;puh/tdot-infordes/spec-nook-1Ita.Rdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 p CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12, 2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ /ton S /ton $ /ton B. Type"PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $4L°'9/ton $ '9J°°/ton S /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $$ /ton $ .4°/ton $57 /ton 9. Cement Stabilized Sand (Base Bid) $4X:19ton $4 /ton $ /ton 10. A. Y2 sack incremental increase to base bid $ /ton $5.;k9 iton SCIa) /ton B. 'A sack incremental decrease to base bid $ ° /ton $6..:612 ton 49/ton 11. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton "11fr tgnatur Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton UNIT COST 15. 5 Gallon Tack Oil Bucket $ Location of stockpile,plant or shipping point: 5.. Gat-4*i AL7-4 2 5 Ili ),541q0 4,fiioNv4. P'4 COMPANY NAME STR 0 E T ADD RESS S G A F BIDDER P.O. BOX 7Ti PRINT OR TYPE AME CIT STATE ZIP 411,f-A-43G3 TITLE AREA CODE TELEPHONE NO. gib ,A, ,V .454 EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Ir' � Title: Company: Date: 7.7-? SUBSCRIBED and sworn to before me by the above named gi ji j?L/I on this the q4 day of ( Luiy. , 20,(p . Notary Public in and for the AMI DORN State of Texas r°'' :Notary Public.State of Texas Comm.Expires 07-07-2027 Mycommission expires: 7-6 7 ' Jd? Notary ID 1286678fi0 P Page 10 o120 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. //Yz4pt-* G "7-5- Firm Name Date /411-14 - e///tk-4 Autho zed Signa re Title ,'6//4iikii •lo'- .5-2/ ;‘,7 Name (please print) r Telephone te1/141.Wkof'fi_,Withd inilk)6461 i eVisit Email STATE: ' q,.) COUNTY: ,-Tp )rm,q SUBSCRIBED AND SWORN to before me by the above named j j(I Iii I L/, on this the Cflk day of , 20,► , . 0 G ���"yP���� AMI DORN A 6.Notary Public,State of Texas m.: ¢= Comm.Expires 07-07-2027 Notary Public %;F „;o`. Notary ID 128667860 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL I 4 Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity N This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176 001(1-a) with a local governmental entity and the vendor meets requirements under Section 176 006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Jn ! Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ! completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176,003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). SiACt74.ft. r c g business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 12 of 20 House Bill 89 Verification 1, I,t I (Person name), the undersigned representative (hereafter referred to as "Representative") of fiwimi ithelEA (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. SIGNA 'E I/ EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of J to , 2040 . AMI DORN =2; =Notary Public,State of Texas Comm.Expires 07 O7-2027 n414,1 jAki Notary ID 128667860 Notary Public Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I /1 Ikelil , the undersigned an representative of 1� /)l� I1"tiffeii (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. Whi Name of Company Representative (Print) Signature o Corn any Representative Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS. SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive. responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price,as provided by Section 271.905 of the Texas Government Code. TER\'IINOLOGY: '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:i/www.ethicsstate.tx.uslfitinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair. competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics.MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur. Attn.: Accounts Payable, P.O. Box 1089. Port Arthur. Texas 77641 or apeportarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur. TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise. any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified. necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability. performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall. on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants. agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract. if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense. purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them. or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1.000,000 single limit per occurrence or$500,000 each 100.000; and, excess person/$1,000,000 per occurrence for contracts in $ b. Property Damage $100.000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100.000 or less; or, Minimum aggregate policy year limit of$2.000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers. effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 ii P.R.No.25146 Exhibit F (Purchasing Contract Agreement—Texas Materials, a CRH Company) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT,made this day of , 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 Texas Materials, a CRH Company hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one(1) year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment,labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. F-1 ¢ - rA ¢ ¢ ¢ ¢ ¢ 3 z oo z z z z z C a 0 ¢ ¢ ¢ ¢ ¢ c k '6. IA 'II 6, � a z z z in z zER �, � ��, GC 6 a) Er a o eno s ow z z z z z � a) w � 4) 6 2 Eel C3 z z ER � el z z z z a ril > o 6 c ¢ ¢ o c ¢ 0 i ¢ ¢ b �, z z In H e� z r �, es z z 0 U y ni Z z CFI z Z Z z N 2 w cu 0 0 = o 03 > a q OS ' c OS ' d_ o ° ' d d d 1 M '4 I+ M �.+ z v a) 4+ z z z C - [� eel z Z 1-1EA- E.1 e0 1-1H a Z Z C 0 0 0 0 0 0 0 E- H. H E-2 H H E-F a cd o fi a) ,a "0 a) 4 �, N el 0 -d A CO a G H . Ki 8ax 3 8 2U � g ;.5 � .5 .5 .n E C O - �' N en 71- in �C CT .--) 4e .y Q Q Q o z z z 0 eu ° fi° F z z X •pi4 o e CS x ¢ * 4, ¢ 1.4 O 3 z F z • 'I z = C.) z CI pi 0 U CA •:a O z CI 0. O CC ✓ ¢ 40 z Cr) Uo eu 4 ¢ O z z 03 b CZ ea = z zkri t'es Cl z E 01 MO w • z z r o F, 0 In o 7E1 o 00 -0 I cn -- o •- o ,. . Ca \ .5 'O4U 'v7toH0:1 z 0 - . 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 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 TEXAS MATERIALS, A CRH COMPANY BY CITY SECRETARY F-4 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM THOMAS KINLAW,HI City of == CITY MANAGER MAYOR PRO TEM CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY TAYLOR L.GETWOOD o r t r t h tc � CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA Texas CITY ATTORNEY KAALA JACOBS DONALD FRANK,SR. JULY 1, 2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-043 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 Scone of Work should be directed in writinf:to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 I or THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 Fir SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction,Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type"PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE"A"BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation. Sieve Size %Passing 1%" 100 1" 90-100 sir 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item #341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway. Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials,and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5-30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or. will be considered base bid. 4 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than I YA sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment,wheth er additional or less, will also be quoted. 11. CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12.EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site. and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at ftp:s%ftp.dot.stall.ti.astoub/tidotanfoides/soec-book-1114.adf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12,2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $N/A /ton $N/A /ton $N/A 'ton B. Type"PE"Grade 4 Precoated Aggregate $ N/A /ton $N/A /ton $N/A /ton 2. Blackbase $ 149.014ton $135.0gton $149.Ogton 3. Limestone $48.00/ton $38.00/ton $48.00/ton 4. 610 Base Limestone $67.00/ton $57.00/ton $67.00/ton 5. Type"D"Hotmix Asphaltic Concrete PVT $155.00/ton $141.00/ton $155.00/ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $164.0o/ton $150.00/ton $164.00/ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $N/A /ton $N/A /ton $N/A /ton Pavement 8. Romayor Sand $N/A /ton $N/A /ton $N/A /ton 9. Cement Stabilized Sand (Base Bid) $64.00/ton $52.00/ton $64.00/ton 10. A. 'A sack incremental increase to base bid $6.50 /ton $6.50 /ton S 6.50 /ton B. '/Z sack incremental decrease to base bid $6.50 ;ton $6.50 /ton $6.50 /ton 11. Concrete Rubble, 0"-8" size mixed S 57,00/ton $48.00/ton $57.0Q'ton Concrete 3"x 5" Bullrock July 15, 2026 Date TJ drow S'enatn, ic��e e President/General Manage age 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $N/A /ton $N/A /ton $N/A /ton 13. Grade 4 Commercial Rock $N/A /ton $N/A /ton $N/A /ton 14. 5/8" Limestone Aggregate $N/A /ton $N/A /ton $N/A /ton UNIT COST 15. 5 Gallon Tack Oil Bucket $ 165.00 Location of stockpile, plant or shipping point:2425 Foreman Road, Orange, Texas 860 Pine Street, Beaumont, Texas; 6045 Chance Road, Beaumont, Texas Texas Materials Group, Inc. 865 South Business Park Drive, Port Arthur,Texas 77640 COMPANY 'AME STREET ADDRESS P.O. Box 20779 SIGNATt OF BIDDER P.O. BOX TJ Brown Beaumont, TX 77713 PRINT OR TYPE NAME CITY STATE ZIP Vice President/ General Manager 409-866-1444 TITLE AREA CODE TELEPHONE NO. tjbrown@texasmaterials.com N/A EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: "e % " Printed Name: TJ Brown Title: Vice President/General Manager Company: Texas Materials Group, Inc. Date: July 15,2026 SUBSCRIBED and sworn to before me by the above named TJ Brown on this the 15th day of July , 2026 , ( Alt"41 //n/Z/Z, Notary Public in and for the FAULA Roi iNE State of Texas s .., Notary ID k?t 74575 Hoy Commnsion Expires May g. 2c29 My commission expires: L/ Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Texas Materials Group, Inc. July 15, 2026 Firm Name Date Vice President/ General Manager Authorized Sign. re Title TJ Brown 409-866-1444 Name (please print) Telephone tjbrown@texasmaterials.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named TJ Brown on this the 15th day of July 2D26 . c ,:v• PAULA ROMINElJ�t s= e` aN Note ID#11795751 ota Public 1`y Notary � ry :1 My Commission Expires May 9, 2029 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page I I of 20 ► ONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ Fo vendor doing business with local governmental entity This questi••nnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCE USE ONLY This question _'a is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business r=ationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requi =ments under Section 176.006(a). By law this questionnai-must be filed with the records administrator of the local governmental entity not later than the 7th business da' after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.00. •-1). Local Government Code. A vendor commits an offense i the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a rhtt'sdemeanor. J Name of vendor who has atsiness relationship with local governmental entity. N/A Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about wh=m the information is being disclosed. N- a of Officer J Describe each employment or other business relati• ship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also ,escribe any family relationship with the local government officer. Complete subparts A and B for each employment or busi - s relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the •fficer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than i estment income,from or at the direction of the local government officer or a family member of the officer AND the -. able income is not received from the local governmental entity? nYes n No J Describe each employment or business relationship that the vendor named in Section 1 maintai s with a corporation or other business entity with respect to which the local government officer serves as an officer o rector,or holds an ownership interest of one percent or more. 61 Check this box if the vendor has given the local govemment officer or a family member of the officer one or .re gifts as described in Section 176003(a)(2)(8), excluding gifts described in Section 176.003(a-1), July 15, 2026 Signature of vendorgo ess with the governmental entity Date Form provided by Texas Ethics Commission www ethics state.tx.us Revised 11'30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ DocsiLG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code 6176.001(1-a):°Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local govemmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics state tx.us Revised 11.'30/2015 Page 13 of 20 House Bill 89 Verification TJ Brown (Person name), the undersigned representative (hereafter referred to as "Representative") of Texas Materials Group, 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 RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 15th day of July , 2026 i'r sp PAULA ROMINE /1r Notary ID#1179575 Aga' My Commission Expires May 9, 2029 Notary Public ------ ------ Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION TJ Brown , the undersigned an representative of Texas Materials Group, 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. TJ Brown Name of Company Representative(Print) Signature of mpany Representative July 15, 2026 Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exceptions)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis. whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB. the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City' of Port Arthur. including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINLVIUM 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 1TB 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. ft 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. LNVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1084, Port Arthur. Texas 77641 or ap 'portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30. i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur. Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances. rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur. TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise. any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will. in good workmanlike manner, perform all work and furnish all supplies and materials, machinery. equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of. or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1.000,000 single limit per occurrence or$500.000 each person 1$1,000,000 per occurrence for contracts in excess of$100.000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2.000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100.000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 P.R.No.25146 Exhibit G (Purchasing Contract Agreement—Mid County Land Co, LTD) 3 CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR 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 Mid County Land Co,LTD hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one (1)year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30)days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor,and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. G-1 Q o z Q • z cs z z o 03 y Q • z cn ▪ • a o U 0 i O 6 U • cz .w• Ell U � o ° O oo '0 a) O -0 N C..) L -V] 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 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 MID COUNTY LAND CO, LTD BY CITY SECRETARY G-3 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM THOMAS KINLAW,III E.um, `" '; CITY MANAGER MAYOR PRO TEM City of c«ti j f i CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY TAYLOR L.GETWOOD o r t r t h ti r CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA Terns CITY ATTORNEY KAALA JACOBS DONALD FRANK,SR. JULY 1, 2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-043 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 writinh to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(&,portarthurtx.eov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street] Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: • Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 20 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)" A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247. Type "A ", Grade I. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation Sieve Size % Passing 11/2" 100 1" 90-100 'l++" 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D " and Item # 341 " Dense-Graded Hot-Mix Asphalt (Q JQC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway. Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 " Dense-Graded Hot-Mix Asphalt(Q4/QC). 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway. Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles with approved bindingmaterials,and meet the followingrequirements: of sand together pp q Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing. By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or. will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10.ADDITIONAL OR REDUCED CEMENT: %2 sack mix is the base bid. Each half sack of cement increment,whether additional or less,will also be quoted. 11.CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12.EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at ftp:iiftadotstate.a.usipubttsdot-infoidesisoec-book-I 114.adf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12,2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton S /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $ /ton $ /ton $ /ton 9. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 10. A. `/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid S /ton $ /ton $ /ton 11. Concrete Rubble,0"-8"size mixed S s4 i3 /ton $ 3(p /ton $ 48 /ton Signature Date Page 8 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton UNIT COST 15. 5 Gallon Tack Oil Bucket $ Location of stockpile, plant or shipping point: &700 GiZ.du t add CJIl/e, Plc, 71z "7-7 A /�Z[l1C G9uZ 0.fld 8.76t u►2a'tct a Aze. COMPANY NAME STREET ADDRESS Po ica 6-7 SIG ATURE OF BIDDER P.O.BOX PDiet 77CP-40 ,3, 94't ll¢gaOn- A/tpe/Lloc.t , 72 PRINT OR TYPE NAME CITY STATE ZIP 1j te-- .404- -73C4)- 35 00 TITLE AREA CODE TELEPHONE NO. EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ,--' Printed Name: /5249 Ke aw Title: , Company: 'Waal/le-Via/Zee VG2 69,790a/L� Date: -7/.7/a'C, SUBSCRIBED and sworn to before me b the above named Y7i t C V L y y1 Y� on this the 1 day of IV\I, , 20.0011,111,1, LL. G .. Fc , Z1in and for the �`, `,,•�C�P�Y FVB�,C/9 % State of Texas E * ,' * My commission expires: l2t)/29 Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: u ✓ 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. Catatil Carat c8. / /Ne Firm Na -- Date O0d/ i Authorized Signature Title 40Q-134p — 3'S OO Name(please print) Telephone MaCelQtrAti,(11/i D wyead coi Email STATE: ` t, S COUNTY: lt 6-evarn SUBSCRIBED AND SWORN to before me by the above named r oc U WO O on this the ltAlf day of V ,201U. P AFC O LL L/) -I 10t PQ PR'.Pde�;o�9 °� No ary Publi� * * •�?or?,�o�t,�po��?ry URN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL i RY.tOII." 2p Page 11 of 20 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. o This questionnaire is being filed in accordance with Chapter 176.Local Government Code.byvendor � Data Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day alter the date the vendor becomes aware of facts that require the statement to be sled. 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. update to a previouslyfiled questionnaire.(The law requires that you file an updated • (� completed this box if you aree filingthe an ro i i questionnaire with appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes No B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. gf Check this box if the vendor has given the boon government officer or a family member cf the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 11111) 5fgrtature or Vendor doing eustness wan the governmental entity ate Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 111'30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:/r'www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state.or local govemmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-11 (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer.described by Subsection(a), (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11:30/2015 Page 13 of 20 House Bill 89 Verification l , 4t9- - r Z in, (Person name), the undersigned representative (hereafter referred to as "Representative") of COM,Clegilie a. (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. ATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 111'1 day of 'T 11,'L , 20/ �� ``�Illilll�,,r Q' .......... Ckel 441402 pj yl f j rt, otary Public c0•'9Y�Of13aat0.. Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION I /sock opeizorz. ,the undersigned an representative of "Ad CDtralt O (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. ,34-064 /1 r2o2 Name of Company Representative(Print) Signature of Company Representative Date Page 15 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exceptions)/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 lTB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Page 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair. competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owners) 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(etportarthurtc.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 60l f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur. Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest. direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur. TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of me specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964. no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,and employees must be named as an additional insured): a. Bodily injury $500.000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100.000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100.000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000.000 for contracts of $100.000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided. minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies. and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20 i V • P.R.No.25146 1 E h • b • t H (Purchasing Contract Agreement—Modern Concrete& Materials, LLC) CONTRACT TO PROVIDE ROAD BUILDING MATERIALS TO THE CITY OF PORT ARTHUR THIS AGREEMENT,made this day of , 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 Modern Concrete & Materials, LLC hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be one(1) year from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. The Contractor will perform work as stated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of the Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown below. H-1 4) 4 d d d d d d d d d o z z z z z z z z 'z L3 0 b 5 4 � ab ¢ ¢ ¢ ¢ - z ¢ d � ., oo 210 z z z z oo z z U as d d d d d d d d 'ou z U 'z 'z 'z z z z z 112 Sri d d d d d d d d oo z z z z zz z z 0 .0 64 z - w) d d d d d d d d ,� �, oo z z z z z z z z z 0 G. C. a, �. : d ¢ d d d ¢ d N ' � 0 z z Z z Z Z Z Z x Z r/1 O s. a> o I. cla o o a., a) o o s. a) o it a) o us a) .-1 r/) d = ao s. a? cu 6o o a, it o Q a, it Q o cp t. 0 a) 6 o CG z o 0 et o 0 •d' o 10ver o 10 Z o 0 o 0 c3 UH � XU sg U ` �% U 0 U � U b > d d o u o• i. •o R a) us � N i. a2, z • C ' � Nti � Go ,0u d � ,ti 'd us z oo oo � o oW/ o o z 000 0 q � � it a' :: o 0 4.)im CI) o b c 0 .4?, c i� ito o .W d d oN b u in 'C u o "O CJ o• O4 "O u d c 0 u 0 iot rig Z Z U ris U � srs U � sis U11• 00 z � x U EA x U 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H o 0E 0 Eo 00 -d - CU cn a', au g g .a 0 N �a € ib b � 0 —rn0 � � `d eJe ' cd a) - v ca X) v V s0 '? E a) E 0 a) c eer E � � r .5 .0 � � � � p4 . � bN � 4fl � � U � c) uA U .0 � •5 •5 . � .5b .z ' C7 ° 7 ° 2 6 O O - N M Pr 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 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 MODERN CONCRETE & MATERIALS, LLC BY CITY SECRETARY H-3 CHARLOTTE M.MOSES,MAYOR r RONALD BURTON,CPM THOMAS KINLAW,III City of at, CITY MANAGER MAYOR PRO TEM ' CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: r , CITY SECRETARY TAYLOR L.GETWOOD o r t r t h u r CAL J.JONES ROXANN PAIS COTRONEO WARREN PENA [xczs CITY ATTORNEY KAALAJACOBS DONALD FRANK,SR. JULY 1, 2026 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 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 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-043 DELIVERY ADDRESS: Please submit one (1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 20 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: I I Page 3 of 20 I I*" THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET-PAGE 8 B. NON-COLLUSION AFFIDAVIT-PAGE 10(MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 12 E. CHAPTER 2252 CERTIFICATION-PAGE 14 F. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 4 of 20 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE"A"BASE MATERIAL(BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant-Mixed)". Contractor must be with 50 miles to transport asphalt. 3. LIMESTONE BASE MATERIALS: Limestone Base Material I W' to dust, No Clay Binder, Texas Highway Department, 2014 Standard Specifications for Road and Bridge Construction, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: #610 Grey Limestone Rock. Specs.Gradation. Sieve Size %Passing 1%" 100 1" 90-100 70-95 3/8" 50-80 #4 30-65 #10 25-50 #40 10-26 #200 3-10 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type 'D and Item #341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 7. HIGH PERFORMANCE HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2014 Standard Specifications for Construction of Highway. Streets, and Bridges. Please tell him we are producing the SCM II (Special Cold Mix II);Gradation I. The special mix uses a small aggregate (3/8") and an oil with a polymer base and makes a very good mix for Page 5 of 20 patching potholes. Most of the surrounding cities have started using it in place of our Hot Mix Cold Laid material. 8. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials,and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to l00 #8 80 to l 00 9. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C I23 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing,By Weight 3/8" 100% No. 200 5 -30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 10. ADDITIONAL OR REDUCED CEMENT: 'h sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 11.CONCRETE RUBBLE: Concrete rubble, 3x5 bullrock crushed concrete 12.EMBEDMENT MATERIALS: Page 6 of 20 A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate 13.TACK OIL: Streets division will purchase small quantity 5 gallon tack oil buckets when needed. Spec book is available at ftp:,iftp.dot.state.tr.asipnbfftdot-infoidesispec-book-1114.pdf Materials not in compliance with the specifications may be rejected and/or returned at vendor's expense.No payment will be made for materials not in compliance with the specifications. AWARD 1. The contract is for six months with option to renew for an additional six months. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: February 12,2025 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A.Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ hon 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $47 /ton $40 /ton $47 /ton 4. 610 Base Limestone $75 /ton $68 /ton $75 /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7 High Performance Hotmix Cold Laid Type"D"Asphaltic Concrete $ /ton $ /ton $ /ton Pavement 8. Romayor Sand $47 /ton $40 /ton $50 'ton 9. Cement Stabilized Sand (Base Bid) $45 /ton $38 /ton $45 /ton 10. A. ''A sack incremental increase to base bid $4 /ton $4 /ton $4 /ton B. `'A sack incremental decrease to base bid $4 /ton $4 /ton $4 /ton 11. Concrete Rubble,0"-8"size mixed $62 /ton $55 /ton $62 /ton 3x5 RipRap �Z,•tof lJ �2Qc�'QiuCi 7/14/26 Si ature Date Page 8 of 20 CITY OF PORT ARTHUR.TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $62 /ton $55 'ton $62 /ton 3/8" 13. Grade 4 Commercial Rock $62 /ton $55 /ton $62 ;'ton 3/4" Coverstone 14. 5/8"Limestone Aggregate $ /ton $ /ton S /ton UNIT COST 15. 5 Gallon Tack Oil Bucket $ Location of stockpile,plant or shipping point: Modern Concrete& Materials, LLC 4825 Romeda Rd Beaumont TX 77705 COMPANY N Fr--- —, STREET ADDRESS PO Box 21557 TURE OF BIDDER P.O.BOX Brian Miller Beaumont TX 77720 PRINT OR TYPE NAME CITY S"FATE ZIP Material Sales Manager 409-842-2100 TITLE AREA CODE TELEPHONE NO. jfrederick@modernconcretetx.com EMAIL FAX NO. Page 9 of 20 CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Na • Brian Miller Title: Material Sales Manager Company: Modern Concrete&Materials, LLC Date: 7/14/26 SUBSCRIBED and sworn to before me by the above named ?r,an i J J€-r on this the I -1- day of �J t�Lc.� , 20 a G. Notary Public in and for the TAMMV ROMERO State of Texas ?F<, Notary ID#10462153 ,; F. My CommApril ission102028 Expires My p commission expires: 4 JIO/c Ji3 Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters. etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Modern Concrete & Materials, LLC 7/14/26 Filyame Date _— Material Sales Manager Authorized Signature Title Brian Miller 409-842-2100 Name(please print) Telephone jfrederick@modernconcretetx.com Email STATE: "TV-- COUNTY: Tp�FL' esi n SUBSCRIBED AND SWORN to before me by the above named Arlan 1'Yl i I I e.t on this the ` 4 day of \j t L c t , 20 94 . ,+`�.• TAM/AY ROMERO Notary Public t Notary ID#10462153 '., ,,. My Commission Expires April 10, 2028 RETU .41• ' • • • • • • RT OF THE BID PROPOSAL Page 11 of 20 I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a•1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. N/A J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176,003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section I maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more, Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1) 4' 7/14/26 Signaklure of vendpisioing-buSiness with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx,us Revised 11/30/2015 Page 12 of 20 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi DocaG/htm/LG176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission wwwethics state.tx us Revised 11r3012015 Page 13 of 20 House Bill 89 Verification I, Brian Miller (Person name), the undersigned representative (hereafter referred to as "Representative") of Modern Concrete&Materials,LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. REOF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1144-'flay of cj(�t c.c.s , 204-ta Notary Public TAMMY itOMERO Notary ID#10462t53 1 :• My Commission Expires 1 April 10, 2028 Page 14 of 20 SB 252 CHAPTER 2252 CERTIFICATION Brian Miller ,the undersigned an representative of Modern Concrete & Materials, LLC (Company or Business Name) being an adult over the age of eighteen(18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Brian Miller Name of Company Representative(Print) • ofhb ipany Representative 7/14/26 Date Page 1.5 of 20 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. altered or amended after submission deadline. Any BIDS: Bids cannot be 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 [TB, 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. Paee 16 of 20 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: t. 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 orders) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641 or ap, portarthurtx.gov. Page 17 of 20 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 60l f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 18 of 20 While the purpose of me specifications is to indicate minimum requirements in the way of capability. performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964. no person shall, on the grounds of race, color. or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense. purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 19 of 20 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500.000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100.000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 20 of 20