HomeMy WebLinkAboutPR 16079: CONTRACTS FOR PURCHASE OF HOTMIX ASPHALTIC CONCRETE PAVEMENT MATERIALS PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #16079 — Approve Contracts for the Purchase of Hotmix Asphaltic Concrete
Pavement Materials
DATE 31 August 2010
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 16079, approving contracts
with APAC -Texas and Century Asphalt, Ltd.
BACKGROUND:
These are annual contracts for the Purchase of Hotmix Asphaltic Concrete Pavement Materials
that will be used by the Streets Division for maintenance and construction. Where we received
bids from multiple vendors for a particular item, purchase of that item will be based on the price
first, then availability if necessary. These are non - exclusive contracts allowing purchase of
materials from each vendor as described. These materials will be utilized by the Public Works
Department, Streets Division for street maintenance, the City Streets Program, and streets
funded under the CDBG program.
Century Asphalt was low bid and will be the primary vendor for material supplied to the
worksite, with APAC as alternate. Alternatively, APAC will be primary for material supplied to
the City stockpile and material picked up at the plant, with Century Asphalt as alternate. This is
because Century did not bid for supplying to our stockpile, and the travel distance to Baytown
versus Beaumont makes picking up material from APAC more cost effective.
BUDGETARY /FISCAL EFFECT:
Funding is available in 001 - 1203 - 531.86 -00, 001 - 1203 - 531.36 -00, and CDBG project accounts.
EMPLOYEE /STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 16079, approving contracts
with APAC -Texas and Century Asphalt, Ltd.
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Ross E. Blackketter, P.
Director of Public Works
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P.R. 16079
08/31/10 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR
PURCHASE OF HOTMIX ASPHALTIC CONCRETE PAVEMENT MATERIALS
WITH APAC -TEXAS AND CENTURY ASPHALT, LTD. ACCOUNT NO. 001-
1203- 531.86 -00, 001 - 1203 - 531.36 -00, AND CDBG PROJECT
ACCOUNTS.
WHEREAS, Purchasing advertised in the Port Arthur News on 01 August and 08 August
2010 for bids for the annual supply contract for the Purchase of Hotmix Asphaltic Concrete
Pavement Materials; and,
WHEREAS, two (2) bids were received and opened on 18 August 2010 for the above
referenced materials and have been evaluated by Public Works and Purchasing; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City, one year non - exclusive contracts between the City of Port Arthur
and APAC -Texas (attached as Exhibit "B ") and Century Asphalt, Ltd. (attached as Exhibit "C "),
for the Purchase of Hotmix Asphaltic Concrete Pavement Materials based on the unit prices as
shown in the bid tabulation attached as Exhibit "A "; and,
THAT, purchase of these materials will be from each of the vendors according to the
unit prices as bid based first on price, and second on availability, according to the needs of the
City; and,
THAT, funding for these materials is provided for in account numbers 001- 1203 - 531.86-
00, 001 -1203- 531.36 -00 and CDBG project accounts; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2010 at
a meeting of the City of Port Arthur, Texas by the following vote:
P.R. 16079
Page 2
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Attest: APPROVED AS TO FORM:
City Secretary City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
4 1 }-04 4
Stephen B. Fitzgibbons Deborah Echols, CPA
City Manager Director of Finance
1
/2a , 1. / C1 ' �� � rI
Ross E. Blackketter, P.E. Shawna Tubbs
Director of Public Works Purchasing Manager
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APPROVED AS TO FORM:
CITY ATTO 1/17alct
EXHIBIT A
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F "''' CITY OF PORT ARTHUR
city of ,', C,4
A � Bid Tabulation
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1 " l PURCHASE OF HOTMIX ASPHALTIC CONCRETE PAVEMENT
Bid Opening Date: August 18, 2010
Name of Bidder
APAC- Texas* Century Asphalt, Ltd.
Item # Description UOM Stockpile Plant Worksite Stockpile Plant Worksite
Type "D" Hotmix Asphaltic $59.40
1. Concrete PVT ton $70.40 $61.95 $70.40 NO BID $46.00 14 ton min.
Hotmix Cold Laid Type "D" $81.00
2. Asphaltic Concrete Pavement ton $81.25 $75.95 $81.25 NO BID $67.00 22 ton min.
Location Beaumont, TX Houston, TX
*The hotmix is quoted delivered via tri -axles (15 tons).
*The cold mix is quoted delivered via trailer (25 tons).
(' ( : c
Shawna Tubbs, Purchasing Manager Date
EXHIBIT B
MATERIALS SUPPLY AGREEMENT
Purchase of Hotmix Asphaltic Concrete Pavement
THIS AGREEMENT, made this the 7 of September 20 10 , 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 APAC-
Texas hereinafter called "CONTRACTOR ".
WITNESSED: That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The Contract shall commence within ten (10) days of the execution of the
Contract by the OWNER. The term of this Contract is for one (1) year and
will be completed 06 September 2011
2. The CONTRACTOR will perform the work as delineated 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 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 in the
attached bid.
5. This is not an exclusive contract, and the CITY reserves the right to
purchase these materials from any of the vendors awarded this contract
based firstly, on price and secondly, on availability, according to the needs
of the CITY.
6. The term "Contract Documents" means and includes the following:
1) Agreement
2) Invitation to Bid
3) Addenda
4) General Information
5) Specifications
6) Bid
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7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
8. 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 20
OWNER:
CITY OF PORT ARTHUR
Stephen B. Fitzgibbons, City Manager
Signed on the day of 20
9 Y
CONTRACTOR:
APAC-Texas
Rebecca Rutledge, Sales Manager
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DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS
MORRIS ALBRIGHT, 111, MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of TERRI HANKS
CITY SECRETARY
JACK CHATMAN, JR. Q/
ELIZABETH "LIZ" SEGLER
MARTIN FLOOD % V .t t r t h u r VAL TIZENO
JOHN BEARD, JR. CITY ATTORNEY
ROBERT E. WILLIAMSON Texas
D. KAY WISE
THOMAS J. HENDERSON
JULY 30, 2010
INVITATION TO BID
Purchase of Hotmix Asphaltic Concrete Pavement
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, August 18, 2010. (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, August 18,
2010 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: HotmL
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, 4 Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
409.983.8160
cWilliams@portarthur.net
Questions concerning the Scope of Work should be directed in writing to:
City of Port Arthur, TX
Ross Blackketter, Director of Public Works
P.O. Box 1089
Port Arthur, TX 77641
409.983.8180
rblackketter(a,portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs
P.O. Box 10891444 4th Street 1 Port Arthur, Texas 776411 409.983.8160 1Fax 409.983.8291
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.
Shawna Tubbs
Purchasing Manager
Page 2of14
GENERAL CONDITIONS (AS APPLICABLE):
Successful Bidder or Bidders must agree to enter into a contract with the City of Port Arthur.
The term of this contract will be one (I) year.
Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and provide test verification on request to the City.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring
Equipment ".
Delivery shall be in the most economical manner to job sites or the City's stockpile in Port
Arthur. The City Operations Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down -time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out by these
specifications.
Page 3 of 14
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR THE PURCHASE OF
HOTMIX ASPHALTIC CONCRETE PAVEMENT
1. 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 ".
2. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall
comply with the Texas Highway Department 2004 Standard Specifications for Construction of
Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type
„ „
Page 4of14
INVITATION TO BID
PURCHASE OF HOTMIX ASPHALTIC CONCRETE PAVEMENT
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
(To be Completed ONLY IF YOU DO NOT BID.)
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 5of14
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Purchase of Hotmix Asphaltic Concrete Pavement
BID DUE DATE: August 18, 2010
ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE
1. Type "D" Hotmix Asphaltic
Concrete PVT $ /ton $ /ton $ /ton
2. Hotmix Cold Laid Type "D"
Asphaltic Concrete Pavement $ /ton $ /ton $ /ton
Location of stockpile, plant or shipping point:
DELIVERY will be made days after receipt of order.
TERMS: Cash Discount Net Cash Days
COMPANY NAME STREET ADDRESS
SIGNATURE OF BIDDER P.O. BOX
PRINT OR TYPE NAME CITY STATE ZIP
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
Page6ofl4.
BID OPENING DATE: August 18, 2010
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS
CITY /STATE /ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY /STATE /ZIP
TAX IDENTIFICATION NUMBER
Page 7 of 14
•
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.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8of14.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. 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
7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes 1 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date
Page9ofl4.
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the
best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vemon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
Page 10 of 14
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.: Public Works,
P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days
from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance
of work herein.
Page 11 of 14
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.
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
Page 12 of 14
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 determi
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.
EXPERIENCE & CAPABILITY: Successful bidder may be required to submit the following
information to describe the experience and capability factors of the company:
1. Number of years in operation.
2. Largest project currently in effect with a business.
3. Number of employees currently employed, their job titles, and their job descriptions.
4. Equipment currently owned or leased by your company.
5. Be otherwise qualified and eligible to receive an award.
6. Other companies that you contracted with.
7. If a company wants to receive the award for more than one group, the company must show that it
has the equipment and employees to handle more than one group.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub - contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or
permit any sub - contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, of the following types and limits
1. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
Page 13 of 14
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
2. Commercial Automobile Liability Insurance (Including owned, non -owned and hired
vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to
complete and make into valid certificates of insurance and pertaining to the above listed items, and
before commencing any of the work and within the time otherwise specified, Contractor shall file
completed certificates of insurance with the Owner.
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 Award 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 14 of 14
•
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Purchase of Hotmix Asphaltic Concrete Pavement
BID DUE DATE: August 18, 2010
ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE
1. Type "D" Hotmix Asphaltic r � i / 9s
Concrete PVT $ Lt o /ton $ • /ton $ /0 • /ton
2. Hotmix Cold Laid Type "D" g � Z
Asphaltic Concrete Pavement $ 0( ,' - /ton $ A /ton $ 9 /ton
Location of stockpile, plant or shipping point: 6c 7 4/e 57 Aft-e,(.41-0.1/77
DELIVERY will be made (5__1 days after receipt of order.
TERMS: Cash Discount Net Cash Days
14f fr - - 7 -- ,11-6
COMPANY NAME STREET ADDRESS
/. Al /
A - /40 1&X Zv 77f
SIt ATURE OF BIDDER P.O. BOX
rl�/ ,1�r4 r 277Zo
PRINT OR TYPE NAME CITY STATE ZIP
9 Al 5 /
TITLE AREA CODE TELEPHONE NO
rh ritfiec6 e �
4 /04 1 c •60 3 Z._
420 ela /0
EMAIL `d FAX NO.
Page 6 of 14
BID OPENING DATE: August 18, 2010
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY / /�%�5
ADDRESS Ro. CP>
CITY /STATE /ZIP
SEND PURCHASE ORDER TO:
COMPANY / —
ADDRESS /?. � X 4 77 9
CITY /STATE /ZIP / T / '- -77 ? 2
TAX IDENTIFICATION NUMBER 53 / Tv /gyp
Page 7 of 14
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/ I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further
agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become
due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to
enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they
become due.
/1-Piq- - 74 6 4 - . ‘ /7//6
Firn e Z ate
/ ��- '5 , ice!
Aut ' ized Signature Title
_� ed-te., S�, /,.,, Na a (please print) elephone
ril Email
C�G�
STATE: KELLY ENB
Y W. lNaEa !
---^ =*• i . MY COMMISSION EXPII1ES
COUNTY: /d :3 as - duris 16, 2011
iji, y SUBSCRIBED AND SWORN to before me by the abo ve named � t; a cLc. ,}� f� T t.
on this the ✓ J day of f 2 P t , . /---------
I ary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
-: .Page8of14..:
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity. eai'1
...
2. y rtheck 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
7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
/Dili
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes No
•
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
D. De • P each employment o iness rel; . snship with the local government officer named in this section. ,
, oX'7/6)
Sign. e of person doing business with the governmental entity Date
Page 9of14..
EXHIBIT C
MATERIALS SUPPLY AGREEMENT
Purchase of Hotmix Asphaltic Concrete Pavement
THIS AGREEMENT, made this the 7 of September 20 10 , 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 Century
Asphalt, Ltd. hereinafter called "CONTRACTOR ".
WITNESSED: That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The Contract shall commence within ten (10) days of the execution of the
Contract by the OWNER. The term of this Contract is for one (1) year and
will be completed 06 September 2011 .
2. The CONTRACTOR will perform the work as delineated 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 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 in the
attached bid.
5. This is not an exclusive contract, and the CITY reserves the right to
purchase these materials from any of the vendors awarded this contract
based firstly, on price and secondly, on availability, according to the needs
of the CITY.
6. The term "Contract Documents" means and includes the following:
1) Agreement
2) Invitation to Bid
3) Addenda
4) General Information
5) Specifications
6) Bid
S:\ engineer \Documents \Contracts \HMAC Supply \Century- HMACMatls- 10.docx 1
7. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
8. 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 20
OWNER:
CITY OF PORT ARTHUR
Stephen B. Fitzgibbons, City Manager
Signed on the day of 20 .
CONTRACTOR:
Century Asphalt, Ltd.
Richard Greer, Vice President /Sales Manager
S:\ engineer \Documents \Contracts \HMAC Supply \Century-HMACMatls- 10.docx 2
DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS
MORRIS ALBRIGHT, 111, MAYOR PRO TEM CITY MANAGER
41° !;
COUNCIL MEMBERS: City of TERRI HANKS
J Al CITY SECRETARY
JACK CHATMAN, JR.
ELIZABETH "LIZ" SEGLER0"""`
MARTIN FLOOD Vitt r t h u r VAL TIZENO
JOHN BEARD, JR. CITY ATTORNEY
ROBERT E. WILLIAMSON Texas
D. KAY WISE
THOMAS J. HENDERSON
JULY 30, 2010
INVITATION TO BID
Purchase of Hotmix Asphaltic Concrete Pavement
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, August 18, 2010. (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, August 18,
2010 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Hotmix
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, 4 Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
409.983.8160
cwilliams@portarthur.net
Questions concerning the Scope of Work should be directed in writing to:
City of Port Arthur, TX
Ross Blackketter, Director of Public Works
P.O. Box 1089
Port Arthur, TX 77641
409.983.8180
rblackketter @portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs
P.O. Box 10891444 4w Street 1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291
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 comer 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.
Shawna Tubbs
Purchasing Manager
• i
Page 2of14
GENERAL CONDITIONS (AS APPLICABLE):
Successful Bidder or Bidders must agree to enter into a contract with the City of Port Arthur.
The term of this contract will be one (l) year.
Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for
hazardous chemical containing products or a statement of exemption.
All material shall be able to pass Texas Department of Transportation Material Specification
Laboratory test and provide test verification on request to the City.
All items shall meet the Texas Department of Transportation standard specifications for
Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring
Equipment ".
Delivery shall be in the most economical manner to job sites or the City's stockpile in Port
Arthur. The City Operations Center on Highway 73 is considered the City stockpile area. All
delivery charges shall be included in bid price.
City reserves the right to charge vendor for any delay or down -time associated with delivery of
material.
All vendors shall be able to supply and deliver all materials ordered as laid out by these
specifications.
Page 3of14
CITY OF PORT ARTHUR, TEXAS
SPECIFICATIONS FOR THE PURCHASE OF
HOTMIX ASPHALTIC CONCRETE PAVEMENT
I. 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 ".
2. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall
comply with the Texas Highway Department 2004 Standard Specifications for Construction of
Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type
Page4of14
INVITATION TO BID
PURCHASE OF HOTMIX ASPHALTIC CONCRETE PAVEMENT
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
(To be Completed ONLY IF YOU DO NOT BID.)
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 5of14
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Purchase of Hotmix Asphaltic Concrete Pavement
BID DUE DATE: August 18, 2010
ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE
1. Type "D" Hotmix Asphaltic
Concrete PVT $ /ton $ /ton $ /ton
2. Hotmix Cold Laid Type "D"
Asphaltic Concrete Pavement $ /ton $ /ton $ /ton
Location of stockpile, plant or shipping point:
DELIVERY will be made days after receipt of order.
TERMS: Cash Discount Net Cash Days
COMPANY NAME STREET ADDRESS
SIGNATURE OF BIDDER P.O. BOX
PRINT OR TYPE NAME CITY STATE ZIP
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
Page6ofl4
BID OPENING DATE: August 18, 2010
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS
CITY /STATE /ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY /STATE /ZIP
TAX IDENTIFICATION NUMBER
Page 7 of 14
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.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8of14.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with local governmental entity.
2. 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
7' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
I Yes 1 No
•
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date
Page 9of14.
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the
best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
•
interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
Page 10 of 14
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.: Public Works,
P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days
from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance
of work herein.
Page 11 of 14
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.
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
Page 12 of 14
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.
EXPERIENCE & CAPABILITY: Successful bidder may be required to submit the following
information to describe the experience and capability factors of the company:
1. Number of years in operation.
2. Largest project currently in effect with a business.
3. Number of employees currently employed, their job titles, and their job descriptions.
4. Equipment currently owned or leased by your company.
5. Be otherwise qualified and eligible to receive an award.
6. Other companies that you contracted with.
7. If a company wants to receive the award for more than one group, the company must show that it
has the equipment and employees to handle more than one group.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub - contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or
permit any sub - contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, of the following types and limits
1. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
Page 13 of 14
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
2. Commercial Automobile Liability Insurance (Including owned, non -owned and hired
vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to
complete and make into valid certificates of insurance and pertaining to the above listed items, and
before commencing any of the work and within the time otherwise specified, Contractor shall file
completed certificates of insurance with the Owner.
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 Award 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 14 of 14
CITY OF PORT ARTHUJR, TEXAS
BID SHEET
BID FOR: Purchase of Hotrnix Asphaltic Concrete Pavement
BID DUE DATE: Augast 1fL2Q1v
ITEM 0 DESCRIPTION STOCKPILE PLANT WORKSITE
. $59.40
1. Type "D" Hotmix Asphaltic N/A $46.00 14 ton minimum
Concrete PVT $ /ton $ /ton $ /ton
$81.00
2. Hotmix Cold Laid Type "D" N/A $67.00 22 ton minimum
Asphaltic Concrete Pavement $ /ton $ /ton $ /ton
14600 Hatcherville Road
Location of stockpile, plant or shipping point:
Baytown, TX 77521
2
DELIVERY will be made days after receipt of order.
30
TERMS: Cash Discount Net Cash Days .
Century Asphalt, Ltd. 5303 Navigation Blvd.
COMPA AME , . STREET ADDRESS
1 . P.O. Box 5370
SIGNATURE OF B IDDE R ' `"' P.O. BOX
Richard Greer Houston Texas 77262
PRINT OR TYPE NAME CITY STATE ZIP
Vice President / Sales Manager 713 292 -2868
TITLE AREA CODE - TELEPHONE NO
rgreer @centuryasphalt.com 713- 292 -2885
EMAIL FAX NO_
•
. . Page 6 of 14 . . .
BID OPENING DATE: August 18.* 2010
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO: •
COMPANY Century Asphalt, Ltd.
ADDRESS P.O. Box 5370
CITY /STATE /ZIF Houston, Texas 77262
SEND PURCHASE ORDER TO:
COMPANY Century Asphalt, Ltd.
ADDRESS P.O. Box 5370
CITY /STATE/ZIP Houston, Texas 77262
20- 1684066
TAX IDENTIFICATION NUMBER
Page 7ofI4
•
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 Y 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.
l 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.
Century Asphalt; Ltd. • . - • . 08/17/10
Firm Name • • - Date
°,— VP / Sales Manager •
Authorized Signature _ . .. Title
Richard Greer . " 713- 292 -2868
Name (please print) . . Telephone
rgreer @centuryasphalt.com • •
Email . .
•
• -Texas •
STATE:
COUNTY: Harris •. •
SUBSCRIBED AND SWORN to before me by the above named
•Richard Greer
•
• t . : :, 20 10
on this the
17th �,. _;
44 : ANN LINDSEY •
k ij M y commission xpires April 18, 23 Notary Public
'' c a E
•
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
•
•
• . ..page 8 of t4 .. .
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire re&cis changes made. to the law by H.D. 1491, 80 Leg., Regular Session. s �
________:
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a).
13y law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business
day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1. Name of person who has a business relationship with focal governmental entity. N/A
2. — 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
7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of local a government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment
or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
I Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
. Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director, or holds an ownership of 10 percent or more?
L l Yes l l No
D. Describe each employment or business relationship with the local government officer named in this section.
r: ; c? a
jj 08/17/10
4 ;
Signature of person doing businesswith the governmental entity Date
Page 9 of 14
INVITATION TO BID
PURCHASE OF FIOTMIX ASPHALTIC CONCRETE PAVEMENT
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.
I I the event you desire not to sul;:rii=. a € i 1, we would appreciate your response regarding the
reason(s). Your assistance in completing and retakrning this form in an envelope gnaj iced with the
enclosed bid would be aappreciated.
NO BID is submitted: this time only not this commodity /service only
(To be Completed ONLY IF YOU DO NOT BID.)
Yes No
Does our com 1 an . rovide this a roduct or services?
Were the specifications clear? I
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:
Century Asphalt, Ltd.
1
Person Completing Form: Telephone:
Richard Greer 713- 292 -2868
Mailing Address: Email:
P.O. Box 5370 rgreer @centuryasphalt.com
City, State, Zip Code: Houston; Texas 77262 Date: 08/17/10
•
Page 5 of 14