HomeMy WebLinkAboutPR 17358: PROVIDING AND HAULING OF SOILS PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Floyd T. Johnson, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.R. #17358 — Providing and Hauling of Soils Contract
DATE 24 October 2012
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 17358, authorizing an
the first year of an annual contract for the providing of soils materials to Redwine Enterprises,
Inc. of Port Arthur, Texas. This contract will have the option of being renewed on an annual
P 9
basis for two additional years. This contract is for a not to exceed amount of $750,000 per
year. This service will be provided on an AS NEEDED BASIS.
BACKGROUND:
This is an annual contract for the providing and hauling of soils for the Public Works
Department and other City departments. Historically, the City landfill, the Streets Division, and
Parks Department have been the major users of this service.
The Purchasing Division advertised on this contract in the Port Arthur News on 07 October and
14 October 2012. Bids were opened on 24 October 2012 with five (5) being received (see
attached bid tabulation). The bid from Redwine Enterprises, Inc. was found to be the lowest
and most responsible as follows:
Redwine Enterprises, Inc. of Port Arthur, Texas
ITEM ITEM UNIT UNIT
NO. COST
Soils Delivered Within
the City of Port Arthur
1 Fill sand CY $ 5.50
2 60/40 CY $ 5.50
3 Clay CY $ 4.20
4 Topsoil CY $ 13.00
Soils Picked Up by City
of Port Arthur Trucks
1 Fill sand CY $ 3.50
2 60/40 CY $ 3.00
3 Clay CY $ 2.80
4 Topsoil CY $ 10.00
These bids were reviewed by Purchasing, Works and Purchasin , and are considered to be the fair
market value for this service and in line with past costs. Subsequent years' prices shall be
based on the initial bid, adjusted annually according to the Consumer Price Index category
"Transportation ".
The vast majority of materials purchased under this contract is clay for the landfill, so the unit
price for this item is the primary consideration. The contractor is not guaranteed any minimum
amount of work under this contract.
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BUDGETARY /FISCAL EFFECT:
Funds are provided in the Public Works Budget and other departmental budgets.
EMPLOYEE /STAFF EFFECT:
Acceptance of this recommendation will have no effect on staffing levels at this time.
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. 17358, authorizing an
the first year of an annual contract for the providing of soils materials to Redwine Enterprises,
Inc. of Port Arthur, Texas. This contract will have the option of being renewed on an annual
basis for two additional years. This contract is for a not to exceed amount of $750,000 per
year. This service will be provided on an AS NEEDED BASIS.
Ross E. Blackketter, P.E.
Director of Public Works
REB /reb
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P.R. No. 17358
10/24/12 reb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FIRST YEAR OF A CONTRACT WITH REDWINE ENTERPRISES,
INC_ OF PORT ARTHUR, TEXAS FOR THE PROVIDING OF SOIL
MATERIALS WITH THE OPTION OF RENEWAL FOR TWO
ADDITIONAL YEARS WITH PRICES BEING ADJUSTED
ACCORDING TO THE CONSUMER PRICE INDEX CATEGORY
"TRANSPORTATION ". CONTRACT IS NOT TO EXCEED $750,000
PER YEAR. FUNDING IS AVAILABLE IN ACCOUNT NO. 403 -1274-
533.59-02 AND OTHER DEPARTMENTAL ACCOUNTS.
WHEREAS, the City advertised for bids for providing of soil materials on 07 October
and 14 October 2012; and,
WHEREAS, five (5) bids were received and opened on 24 October 2012; and,
WHEREAS, Redwine Enterprises, Inc. was the lowest, most responsible bidder as
shown in attached exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager is hereby authorized to execute the first year of a contract
attached hereto as Exhibit "B" for providing of soil materials with the option of renewal for two
additional years with Redwine Enterprises, Inc. of Port Arthur, Texas with each subsequent
year's price adjusted according to the Consumer Price Index category "Transportation "; and,
THAT, funding is available in account 403 - 1274 - 533.59 -02 and other departmental
accounts; and,
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P.R. No. 17358
Page 2
READ, ADOPTED AND APPROVED this the day of , A.D.
2012 at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Mayor
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF
FUNDS:
/ Ae r ■lorat f - taLikeiL
Valecia Tizeno Deborah Echols, CPA
City Attorney Director of Finance
APPROVED FOR ADMINISTRATION:
h 4/ir,t 7,61 4 #
Floyd T. Johnson Shawna Tubbs, CPPO v
City Manager Purchasing Manager
Ross E. Blackketter, P.E.
Director of Public Works
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EXHIBIT A
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EXHIBIT B
CONTRACT FOR PROVIDING OF SOIL MATERIALS
THIS AGREEMENT, made this 31 day of October , 2012, 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
Redwine Enterprises, Inc. a(n) Corporation herein acting
Individual, firm, partnership, or corporation
by and through Trisha Redwine 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 from 31 October 2012 to
30 October 2013 . It shall be renewable by mutual agreement for
two (2) additional one -year periods. Prices quoted for the first year of the
contract shall be firm, and shall be indexed for the next two (2) years using the
Consumer Price Index category "Transportation ". Each subsequent yearly
contract renewal shall require approval of the City Council.
2. 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.
3. The CONTRACTOR agrees to perform all the work described in the
Specifications and contract documents and comply with the terms therein for unit
prices as stated below:
SOILS DELIVERED WITHIN THE CITY OF PORT ARTHUR
Item Unit Cost
Fill Sand $ 5.50 /CY
60/40 $ 5.50 /CY
Clay $ 4.20 /CY
Top Soil $13.00 /CY
S:\ engineer \Documents \Contracts \Providing Soils \RedwineSoils Contract- 12.docx
SOILS PICKED UP BY CITY OF PORT ARTHUR TRUCKS
Item Unit Cost
Fill Sand $ 3.50 /CY
60/40 $ 3.00 /CY
Clay $ 2.80 /CY
Top Soil $10.00 /CY
4. The term "Contract Documents" means and included the following:
(A) Agreement
(B) Invitation to Bid
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, the Agreement in two (2) copies, each
of which shall be deemed an original on the date first above written.
OWNER CONTRACTOR
BY: BY:
City Manager
Floyd T. Johnson Trisha Redwine
Printed Name Printed Name
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DELORIS "BOBBIE" PRINCE, MAYOR ■ jjtl FLOYD T. JOHNSON
WILLIE "BAE" LEWIS, MAYOR PRO TEM , A _ CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD
CITY SECRETARY
RAYMOND SCOTT, JR. j
ELIZABETH SEGLER
MORRIS ALBRIGHT III P t VAL TIZENO
HAROLD L. DOUCET, SR. CITY ATTORNEY
ROBERT E. WILLIAMSON TCXttS
DERRICK FREEMAN
KERRY "TWIN" THOMAS
OCTOBER 4, 2012
INVITATION TO BID
PROVIDING OF SOIL MATERIALS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, October 24, 2012. (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, October 24, 2012 in the City Council
Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Soil
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
cwilliams@portarthur.net
Questions concerning the Scope of Work should be directed in writing to:
City of Port Arthur, TX
Ross Blackketter, Public Works Director
P.O. Box 1089
Port Arthur, TX 77641
rblackketter@portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB
P.O. Box 10891444 4th Street] 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 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, CPPO, CPPB
Purchasing Manager
Page 2 of 12
INVITATION TO BID
PROVIDING OF SOIL 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 12
SPECIFICATIONS FOR
PROVIDING OF SOIL MATERIALS
1. Bidder shall provide services to the City on an AS- NEEDED basis at the rates stated in bid.
2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel,
maintenance and other usual charges.
3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency
of need, the City reserves the right to use an alternate vendor.
4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils as may be
advantageous to the City.
5. Dump trucks provided by Bidder shall not be Tess than 12 cubic yard capacity. Trailers loaded with clay
and hauled behind a loaded 12 or more cubic yard truck (pup trailers) are acceptable. The vendor is
responsible for determining the correct axle to weight ratio allowed by the Texas Department of
Transportation.
6. Clay material will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or
occasionally to other City project job sites. 60/40 sand and top -soil shall be hauled to various City
project sites, including those in the Sabine Pass area. No up- charge will be accepted for hauling to
Sabine Pass.
7. Stock -pile material shall be available on those days borrow pit in inaccessible.
8. Bids shall be firm from date of award notification. At the end of one year, the City may renew this
contract for a period of one additional year for the next two years at the original bid amount. Prices
quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years
using the Consumer Price Index category "Transportation ". It will be necessary for the City to secure a
letter from the vendor agreeing to renew the award for each additional year.
Page 4 of 12
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
BID FOR: Providing of Soil Materials
BID DUE DATE: October 24, 2012
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (including Sabine Pass)
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ CY
2 60/40 $ CY
3 Clay $ CY
4 Top Soil $ CY
B. PICKED UP AT PLANT LOCATION
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ CY
2 60/40 $ CY
3 Clay $ CY
4 Top Soil $ CY
Vendor will respond to load material request within minutes or hours.
LOCATION OF PRIMARY BORROW PIT:
LOCATION OF SECONDARY BORROW PIT:
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.
Page 5of12
1
BID OPENING DATE: October 24, 2012
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 6 of 12
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 7 of 12
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 a local 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 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 8 of 12
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem
to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is
within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
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.
Page 9 of 12
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 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
Page 10 of 12
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
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.
Page 11 of 12
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. Standard Worker's Compensation Insurance:
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 $1 00,000.
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 12 of 12
CITY OF PORT ARTHUR, TEXAS
BID PROPOSAL PAGE
131D FOR: Providing of Soil Materials
1311) DUE DATE: October 24, 2012
A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (including Sabine Pass)
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ S, SO CY
2 60/40 $ S. 50 CY
3 Clay $ /- 20 CY
4 Top Soil $ 13. CY
13. PICKED UP AT PLANT LOCATION
ITEM # DESCRIPTION BID AMOUNT
1 Fill Sand $ 3, so CY
2 60/40 $ 3.00 CY
3 Clay $ c 2,20 CY
4 Top Soil $ "0,00 CY
Vendor will respond to load material request within minutes or hours. SPMe ) i
LOCATION OF PRIMARY BORROW PIT: _AY'. '. 73
1:OCA I ION OF SECONDARY BORROW PIT: g WY 6 c i - _
W r )-x En-e( r i s-e S 1 nL ,2 01 Oa l - 1 o('C► ---
COMPANY NAME STREET ADDRESS ✓ 0
�--
„4,4 1
SIGNATURE OF BIDDER P.O. BOX
1 r 4- ---- aLA.)ine_ ni A -mod vya
PRINT OR TYPE NAME CITY STATE ZIP
1''e._s k, -L/" Y 07 1 2- 3 373
TITLE AREA CODE TELEPHONE NO.
Eb W Rub- 6 0 coyr Loci 7,2/.- 7
EMAIL FAX NO.
Page 5of12
BID OPENING DATE: October 24, 2012
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
'FAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY keACI
:1�
ADDRESS ) 0 1 t C, //c), F �`Z � t � ° Tx 7 77
CITY /STATE /ZIP X yO
SEND PURCHASE ORDER TO:
COMPANY _ARA ihe_. /1 (� ADDRESS L 90 ,0 ` U da. I ( 1 Q ---
--
C ITY /STATE /ZIP or M 74
YD
TAX IDENTIFICATION NUMBER ) 6_. 05 6, `73 6 9 --
Page 6 of 12
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.
'1..e_J n.o E nTe rrr i se s )O - 22— 1
Firm Name Date
5ka, 720 d a� i Pre.s d
Authorized Signature Title
r Shct T-i2_Jc,J no . Oq-
Name (please print) Telephone
rt._dwind Cr, T %
Cr, (
Email `
STATE: Woo) 4 k BETTE LEMKE
`f �/
My Commission Expires
ir
COUNTY: _ ;� r/ ' , M 16.2013
SU BSCRIBED AND SWORN to before me by the above named abC■.:I CJ -_ii.e
on this the ; lay of n6-06,2...20
No a Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 12
c; _ CITY OF PORT ARTHUR, TEXAS
// I i.
2 -t rthu ADDENDUM NO. ONE (1)
Terns
DATE: AUGUST 6, 2012
Bid Proposal For: Excavating & Hauling of Materials
The following clarifications, amendments, deletions, additions, revision and /or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. The City decided to cancel the bid. The City will bid this project at a later date once
the specifications are revised.
If you have any questions, please contact the Purchasing Division at 409 - 983 -8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH
YOUR BID DOCUMENTS.
410
hawna Tubbs, CPPO, CPPB
Purchasing Manager
IA A , — (cJ 10-2 4 /q 2
Signature of Proposer Date
_ INSURANCE CERTIFICATE OF LIABILITY INSURA Aq,� 0A7r,(k7MDDh'YVV)
Nes :1.0/2jD.412
THIS CERTIFICATE IS ISSUED AB A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA T E HOI Eat, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AF1-QROI R BY THE POLICIES
BELOW, THIS CERTIFICATE OP INSURANCE 00E8 NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE 1(a), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder Is an AM:MONAL INSURED, the polIcy(les) must be endorsed, If SUBROGATION IS WAIVE[l,'cuI!)ect to
the terms And conditions of the policy, certain pacts* may require an endorsement. A statement an this certlfcate does not confer rIghr s to the
certificate holder In lieu of such endorsemen e ,
PaanUcr.R Norma Davie
8AFFS Property & Casualty PHONG , . (000) 517 -4366 x _ ._�
__
,, , ($03 }M -4.,12
DID: TX Truck /Onley Insurance
aoe�RRS ,luarms ®onlayiasurwssco.cvoae
7610 fitnmmarm Freeway Ste. 600 INeUReRIR�11fFORDINOCOV &gAGII NQICg.i
Dallas TX 7E247
!IOURED **REVISED** INSURER A R11d on • WA. ail Insurance Oar
f
10 19/12 for GI. & WC REIMS INSuReR0 'National Casualty Company__
Redwine Enterprie,s, Inc. dba INSURER 01 --� _
REDWINE CONSTRUCTION mew D,AmericaLn Hallmark Ina 6. ,
21 Tae Street MEURERE:AGC$ Marine Inausan • t',s'
ce1 pen. '_ .._. _ :'437
Nederland TX 77627 N �__
COVERAGES CERTIFICATE NUMBERddaet CERT 12/13 - •• - �•ul..._ __.._
/ REVISION twl.ItY1�Ei::
THis 13 TO CERTIF( THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AC1OVE FOR THE POLICY :'I;(-2iQD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY fir: ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE FOLICtE6 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANn CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
1 PAID CLAIMS,
Fl_ TYP5OFINSURANCE I1 v ,, "`Y NIN IR u c
att [1''r =i,,i' p i i __ I tMfTA � " – V �
OEN61tALLJAe1LITY i EACH .
11 MM $ , 000,00Q
CDERCIAL GENERAL Maury 1'RSMISE9 (Ee ouvrrancel � 10000
a OO
L MA
A CLAIMS-WADE e OCCUR NSC12001as2 10/21/2012 / 20 13 RED EXP(AnyonsPorean 2 5 000
PERSONAL & AOV INJURY $ 1. 0 O
DIANA= ADDITIONAL INeb 06NERAl AGGREGATE _ 2, X100, Oat;
GEN'L AGGREGATE UNIT APPLIES PER, 5LAN10iT 1IAIVER Or EUDROO PRODUCTS - COMPIOPAGO $ 1,000,00 CI
L X POLICY — 1 !WA: LOC $
AUTOMOBILELIABIUTY COM gIN SINOI I.I - ' • '"''' ._14.29.9.4.111.12.
rEO ecdd �
» ANY AUTO BODILY INJURY (Poe pram) $
ALL OYrr+EO BCHODULED :A0020111 2/10/2012 x/1O/2013 ° �' °•g '
AUTOS AUTO
ROOILY INJURY (Par imidan,) 1
x HIRED AUTOS NON.OWNED swam ADDITION/kr, IMOD PROPER ' • ' • b — °" '""""°I
AUTOS
• - er ,,. _ 1
eLAN1XET IlP 1VER Or BUDS=
UMBRELLA UAa OCCUR EACH OCCURREIME 1
EXCESS UM' CLAIMS•MADE AGGREGATE I -_•,_
T °ED 1 I RI=TENT t S i I `–
D WORKERS COMPENSATION YJC GYI(7C1- DTM-
AND EMPLOYERS' UAYILflY YIN b1I .m _ .�. -
ANY PROPRIETORIPARTNER/6XECLITNE S,L > AGF1 ACCIDEN _ $ 1, 000 000
OPFlCERIMEMBER EXCLUDED? a N/A ,
I e d ,at orry In 1411) aawC0721 10/1E/201210/15 /2013 E.L. OIBCAme. aA Ef .�PtOYEC 6 L1_10
0 , 00.9
DESQRIPTION OP QpERATI0N8 below K ARR= NASv1t Or SUBROC{
J E.L. OIBFA ®E - PQLICYLIMIT 1,Q�Q
00,9
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Tr/ /
I
1 (?PBG N1+• ® f OPERATIONS 1 t 00ATONa1 VEHICt� (Allah ACORO 101, AQd(Qon& Remarks 0cI &0uI.. R maid spice L requIr/d) M.*
I
I
CERTIFICATE HOLDER _---...■. CANCELLATION ___
(409) 983 - 8291 SHOULD ANY OF THE ABOVE DESCRIBED POLICICLI SE CAMCELLC,E2 BEFAA.E
THE EXPIRATION CATC THEREOF, NOTICE WILL 511: DEUVERE.D IN
CITY 03' PORT ARTHUR ACCORDANCE WITH THE POUCY FROVISIONE,
City 8aaretary -
Attn: SHANNA TUBBS, PURCHASING WING. I►uTHORD'ED REPReBENTATIVE
P.O. BOX 1089
Port Arthur, TX 77641
_ C Volk /odavie
ACOItD 28 (2010/06) )1985-2010 ACORD CORPORATION, Ail rlghta reaer•YOd.
] INS026 (20100.5) 01 The ACORD name and logo ere registered marks of ACORD
! ft +I
1
D CERTIFICATE OF LIABILITY INSURANCE 10/22/2012 AT5(M , >/
A y
_ _
THIS CERTIFICATE 18 I88UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ClER.TIFICATE IICILDEP. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder to an ADDITIONAL INSURED. the polley(Iea) must be endorsed. If SUBROGATION IS WAWWEu, tit 2J+ict to
the towns and conditions of the policy, certain policios may require an endoroement. A statement on this certificate doom not confer rights to the
certificate holder In lieu of such endoreement(s).
.
r•leao: .. . __ .
�aNTACT , ......n...�...� ,.�.
NA:a� wort" Davie _
SA1 >aro arty L Casualty r "� ( 800) 517 -4366 �N,), t>a0x)aa2- ais2 �
D BA: TX Truck/On/ay Ynsurarlcal Anolms, normal onloyinsurasoo . bom
7610 8 kdemmona Freeway St:e. 600 INBUREk(s) AFROROINO GOYERAsit MAID 0
D Jj.*A TX 75247 !WIMP A:Underasiter's at L� a Cdr __
(u11J11[D INSURER e I
l aedwi rm Enterprises, Ync. MEURER0I ---
CODIE REDWINE CONSTRTJCTION INSURER D: ., (
2114 Lee Street POURERS)
_ Bart ar..land TX 77627 'NEURERPI
COVERAGES CERTIFICATE NUMBER :Mast PD 12/13 REVISION NUMBER:
THIS 13 , TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH f{I:SPEGT TO WHICH THIS
CERTIFICATE MAY BE ISSU OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION$ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
a, i 1�Ial�.l 1� 1 �
TYPE OPINBUMNGP i. aaaaa ��ui + aa LJMtTSJ
SINERAL LIABILITY EACH OCCS)RRF_N .. a...
III COMMERCIAL GENERAL LUOILITY . '/TGETS-REN a _ ^a
n +� .: S
111111 CLAIMS-MADE OCCUR MW EXP onr arson &
III ---------
PERSONAL & AOV INJURY t
GENERALACNINEOATE ;
GEN'LAGGREOATELIMITAPPLIESPER: PRDDUCTB- COMP/QPA00 0 a
■POLICY■ ■LOO ;
AUTOMOYILRUAeIIJTT •' : i i :I um Llydli
. -.nn
ANY AUTO BODILY INJURY (Parpermen) $
ALL OIhNEO 0 —�
DULfib BODILY INJURY Per c ideal) a . �,.
AUTOS MI SCH6 AUTOS ( a
III HIRE0 AUTOS : AUTOSWN0D •n..A V ��" ...
9
UM "RRLLA LIA5 ■ OCCUR EACH OCCURRENCE ;
I P.xonsuAa CLAIMS•MADE ADDREGAle ._.. $ _. T_
DED 1 RETLNTI•N . ..—..— 1
WORKERS COMPENSATION ■ W STATU- OTN- '�"'
AND 6MPLOYl:RB' Y • :a „L4 wig . ,
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ 6.L EACH ACCIDENT $
OPPICER/MEMBER EXCLUDED?
(Mendstory In NH) E.L. DISEASE - EA EMPLOYE.' L
l yen, tleec untler
DF : ,ILI,9N OP OPERATIONS below E.L. DISEASE- • POLICY LIMIT $ _
A PHYSICAL DAMAGE I8a11030 • /16/2012 • /16/2015 81000. DEDUCTIBLE ON CO) g COI.%
i
-------
135CRIPTION OP OPERATIONS /LOCATIONS /VEHICLES (Attach AOORD 101, AddlUonal Remarks Schedule, N more apace le rapine)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY O$ THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE 1A1LL BE DELIVSReD IN
CITY Or PORT ARTHUR ACCORDANCE WITH THE POLICY PROVISIONS.
City Secretary auTHOwzCaRrPR>:saNTATIVE
P.O. BOX 1089
Port Arthur, TX 77641
C Polk /adavi■ °''
ACORD 26 (2010/06) 01888.2O10ACORD CORPORATION- All rights swerved.
INSQ?i3 polaa5)oI The ACORD name and logo are registered marks of ACORD
I 11 11 I