HomeMy WebLinkAboutPR 17653: CONTRACT FOR FENCE, SECURITY GATE MECHANISM, AND SCREEN P. R. 17653
03/19/13 aw
PUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO: Floyd T. Johnson, City Manager
FROM: Ross E. Blackketter, P.E., Director of Public Works
DATE: April 23, 2013
SUBJECT: P.R. 17653 — Fence, Security Gate Mechanism, and Screen
COMMENTS
RECOMMENDATION:
It is recommended that the City Council approve fence installation, a security gate mechanism,
and a screen for the Public Works Operations Center from Lunceford Services of Groves, Texas
in the amount of $38,000.
BACKGROUND:
The City has been inundated with an excessive amount of abandoned scrap tires that are stored at
the Public Works Operations Center. These tires are eyesores and Council has expressed a desire
that they be blocked from view. In order to provide the necessary screening the fence must be
repaired and a visibility screen that provides 88% blockage from the road be installed.
BUDGETARY/FISCAL EFFECT:
Funds are provided in account no. 001- 1201 - 531.59.00
EMPLOYEE /STAFF EFFECT:
None.
SUMMARY:
It is recommended that the City Council approve fence installation, a security gate mechanism,
and a screen for the Public Works Operations Center from Lunceford Services of Groves, Texas
in the amount of $38,000.
P. R. 17653
03/19/13 aw
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LUNCEFORD SERVICES OF
GROVES, TEXAS FOR FENCE INSTALLATION, A SECURITY
GATE MECHANISM, AND VISIBILITY SCREEN FOR THE
PUBLIC WORKS OPERATIONS CENTER IN AN AMOUNT NOT
TO EXCEED $38,000; FUNDING AVAILABLE IN ACCOUNT NO.
001 - 1201 - 531.59 -00.
WHEREAS, the City has been inundated with an excessive amount of abandoned scrap
tires that are stored at the Operations Center, which have become an eyesore; and,
WHEREAS, a screen will be installed with a minimum blockage of 88% visibility with
the City's logo and facility location located thereon; and,
WHEREAS, five bids were received and opened on March 27, 2013 as shown in Exhibit
"A ", with Lunceford Services, of Groves, Texas submitting the lowest bid in the amount of
$38,000; and,
WHEREAS, the time table will be approximately 21 days; 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 herein authorized to enter into a contract with Lunceford
Services of Groves, Texas for fence installation, a security gate mechanism, and visibility screen
at the Public Works Operations Center in the not to exceed amount of $38,000, in substantially
the same form as attached hereto as Exhibit "B "; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
P. R. 17653
03/19/13 aw
READ, ADOPTED, AND APPROVED this the day of , A.D.
2013 at a meeting of the City of Port Arthur, Texas by the following vote:
AYES: Mayor
Councilmembers:
Noes:
Deloris "Bobbie" Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
\ r"
Valecia Tizeno
City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
Floyd T. Johnson Deborah Echols, CPA
City Manager Director of Finance //
002‘ , /AEG . ,�� S /
Ross E. Blackketter, P.E. Shawna Tubbs, EPPO
Director of Public Works Purchasing Manager
EXHIBIT A
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EXHIBIT B
CONTRACT FOR FENCE, SECURITY GATE MECHANISM AND
SCREEN FOR THE PUBLIC WORKS OPERATIONS CENTER
THIS AGREEMENT, made this the of , 2013, 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 Lunceford Services , 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 term of this Contract shall be completed within twenty -one (21) days of the date of
the Notice to Proceed. The City can terminate this contract at its convenience within ten
(10) days written notice.
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 supply the materials described in the specifications and
contract documents as the unit prices shown in the attached bid.
Item
Security Camera system as per attached specifications.
4. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for Bids
3) General Information
4) Specifications
5) Bid
6) Bidder's Information Sheet
7) Addendums
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 here to have executed, or caused to be executed
by their duly authorized officials, this Agreement in two (2) copies, each of which shall
be deemed an original of the date first written above.
OWNER CONTRACTOR
CITY OF PORT ARTHUR LUNCEFORD SERVICES
BY: BY:
Floyd T. Johnson, City Manager Print Name:
Title:
DELORIS "BOBBIE" PRINCE, MAYOR / FLOYD T. JOHNSON
WILLIE "BAE" LEWIS, MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City Of SHERRI BELLARD
j CITY SECRETARY
RAYMOND SCOTT, JR. // //
ELIZABETH SEGLER
MORRIS ALBRIGHT III. �.�� -- VAL TIZENO ur
HAROLD L. DOUCET, SR. CITY ATTORNEY
ROBERT E. WILLIAMSON Texas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
FEBRUARY 20, 2013
INVITATION TO BID
Fencing Work at the Operation Center
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 13, 2013. (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, March 13,
2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Fencing
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
cwilliamsAportarthur.nt
Questions concerning the Scope of Work should be directed in writinfi to:
City of Port Arthur, TX
Ross Blackketter, Public Works Director
P.O. Box 1089
Port Arthur, TX 77641
rblackketter@portarthur.net
Purchasin. Division Finance De I artment Purchasin. Mana.er Shawna Tubbs CPPB
P.O. Box 1089 444 4th Street I 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 15
MANDATORY
PRE -BID CONFERENCE
A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Fencing at Operation Center will be held on Thursday, March 7, 2013 at
10:00 a.m. at the Operation Center located at 201 H. O. Mills Road, Port Arthur, Texas.
The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is fully
understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve
any problems that may affect the project construction. No addendum will be issued at this meeting, but
subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the
intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre -Bid
Conference will be rejected and returned unopened to the bidder.
Page 3 of 15
CITY OF PORT ARTItUR, -TEXAS
-44';'• ; w j ;� ADDENDUr NO.ONE (1)-
nrq iFh —r , Z �1N
'
March}12 2013
3 T rml' f y r
Page l ofi2 -
BidProposal For: Fencing for:.the Operahori„Center.
The r following clarificationsAamendments deletibns .revision 4and/or`modification are
�d Yw T'+ ""�"� -" E m� � ' .,� x" . �r s -• ' .9, t
ma a part of the ` contract documents and change the onginal ( documents { only in the. 'mafiner and
to "the extent hereinafter stated and shall be incorporated" a the contract,documents:
Provisions of this addendum shall take precedence over . requirements of the original 'contract
documents . and all 3 BIDDERS ARE REQUESTED TOE ACKNOWLEDGE SAID'
PROVISIONS IN - .THE :SUB ,MISSION OFATHEIR BID:'
Addeinduni. -as follows:
1 DEADLINE ;Sealed; Bid submittalswmustbe..received "'and, time " stamped,by 3:00
S t 1kVq L,Je k i frn , 't'- • - ;, y - ... :;w.
Central, and Tune, Wed Mareh -. �20, , 2013 (The clockl City,
Secretary's off ce will be the official time:) All bids received will b read aloud' 15; m:
on Wednesda + March 20, 2013 in the City .Councih Chambers,` City Hali,: 5th Floor, ;Fort
Arthur, TX.. Yourare invited attend:
2 The Contractor will purchasethe screen:
;3 The screen will'be brown in color
4 The screen should be:rnmiiiium 88% hlockage of.visib lity: �,
5. The design on the screen shduld.look;hke following:
1 Dtar
Public Works ,Operations.Center
,6 Tlie,logo: size slouldfbe 6' x 3' .
7 Logo must be m the color''
8. The logo` " on.the H: 0. Mills Side.
= 03/20/2013
Signature , Prop& -r !Date
Page l :of 2
9 , Presently , on theHouStciii AVe side there are 3 iles ; The new fence will have two gates per
rthe ,options ' for the H. 0. Mills Entrance
A 2 :
. Option ‘l' is 'Operator 'ehaio,lirikTSYStehi'Willilw"oiategYstem.
fition:2 h3idiailliciySierti opening the entire gat
_ . — e *
The ciry;of Port A.:rt t11.s 1 is chosen.
12 cuirdnt"operator and.repliee'WithieW operator
13 e a bottom tracI
14 4 .0. measures with automatic gate per ANSI/01,325.
15, Replide the Bid Sheet..Ori,'Parge‘ 7 with tfie B 'Slider.
16!..Aitadfiedis theret4SLecidraing.
If you have any questions' pleak coritaCt the - Purefiasing Division at 400=9834160.
NOTE ALL PAGES OF ADDENDA MUST LBE SIGNED. AND 'SUBMITTED WITH
CPPB
PurchaSing!,•mariager
03/20/2013
Signature o 'Prop() er Date
Page 2 of 2
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CITY OF PORT ARTHUR; TEXAS
XA
S
L
R
c "ryoj` ` S;;:;) : ADDENDUM NO TWO 2
) ()
March10, 2013
Bid Proposal For 'Fencing Tor the .Qperatiofl Center
The following clarifications, amendments,' deletions, additions,. revision aid %or modifications are
to' the extent here n fter stated umen change the on documents only in the manner and
part is and g original �
' and shall be incorporated '`in the contract documents.
Provisions of this addendum shall take precedence over, requirements of the original contract
documents and , a11t `,BIDDERS ' ARE': REQUESTED TO ACKNOWLEDGE SAID
PROVISIONS-IN''THE`SUBMISSION OF TIIEIR'BI .,
Addendum as ;follows:
1 • DEADLINE Sealed Bid submittals must be ''received and time stamped by 3:00 p :m.,
Central Standard Time, ` Wednesday," March, 27, 2013. (The clock located in the .City
Secretary's office will be'the off cial time.) All bids received will be read aloud at 3:15 p.m.
=on Wednesda March 27, 2013 i,n:the City Council - Chambers,.City Hall, 5 th Floor, Port
Arthur TX. You are invited to attend.
2. Attached is "the revised drawing #2.
3 , -The City of Port,Arthur willpower the second operator by running'the wire. The contractor
-is responsible for the saw cutting, trenching; installirng conduit, and pouring concrete.
have an questions, please contact the Purchasing Division at 409 -983 -8
y
It You y q � � p g 160.
NOT ALL PAGES. OF (.ADDENDA 'MUST BE SIGNED AND SUBMITTED WI
E WITH
YOUR�•BID DOCUMENTS.
arA.
Shawna Tubbs,. CPPO, CI'
Purchasing Iola " ge
Sigrid ;e' - p er Da e
Sig
of Pro os
Page 1 of 1
.R ' E �U : ISE D DR
,C AWI NG # 2
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i
INVITATION TO BID
FENCING WORK AT THE OPERATION CENTER
(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 4 of 15
SPECIFICATION FOR
GALVANIZED CHAIN LINK FENCE FOR THE CITY OF PORT ARTHUR
PUBLIC WORKS OPERATIONS CENTER
General
1. Description /Scope of Work
These specifications are for furnishing and installing a chain link fence, new gates and related
labor, material, and accessories necessary for the installation of the fence at the City of Port
Arthur Operations Center. Successful contractor shall promptly remove and dispose of the old
fence and all excavated materials and other debris resulting from fence installation.
2. Product Delivery, Storage, and Handling
Security of the fence and appurtenances will be the sole responsibility of the contractor until
contract completion.
Products
1. Materials
a. Fabric will conform to ASTM A392 -74, No. 9 gauge wire, with 2 oz., Class 2 zinc coating
and top and bottom selvages twisted and barbed. Six (6') height for all sites.
b. Barbed wire to be 3 lines of wire mounted on top of fabric, conforming to ASTM Al21 -77,
No. 12 -1/2 W &M gauge wire, with 4 -point barbs, and Class 3 zinc coating.
c. Line posts to be 2.375 -inch O. D. Schedule 40 steel pipe, minimum weight 3.65 pounds per
foot, conforming to ASTM Al20 -77.
d. End, corner, and pull posts to be 2 -1/2- inch square tubular steel, minimum weight 5.79
pounds per foot, conforming to ASTM A501 -76, or 2.875 -inch O. D. Schedule 40 steel pipe
minimum weight 5.79 pounds per foot, conforming to ASTM Al20 -77.
e. Top rails to be 1.660 -inch O. D. Schedule 40 steel pipe, minimum weight 2.27 pounds per
foot, conforming to ASTM Al20 -77, in random lengths averaging 20 feet, with minimum
lengths of 10 feet.
f. Bracing to be same as top rails.
g. Barbed wire extension arms to be standard 45 degree, one - piece, three wire steel
conforming to ASTM A36 -77.
h. Hot -dip galvanize component metal parts of fence (except fabric and barbed wire) with
minimum standard zinc coating in accordance with ASTM Al23 -73, ASTM A153 -73, and
ASTM Al20 -77.
i. Gatepost shall be 6 -5/8" schedule 40 steel pipe. Gate frame shall be 2" schedule 40
(welded).
Page 5 of 15
Execution
1. Installation
a. Install chain link fence to the lines, grades and locations shown on site plans, and described
in descriptions. Generally, new fence to be installed inside of existing fence line, removed
and replaced in place if completion can be accomplished in the same workday. Site cannot
be left unsecured overnight.
b. Maximum posts spacing to be 10 feet. Set larger posts and all gate posts 42 inches
minimum into ground. Set posts in Class "A" concrete with minimum of 6 -inch concrete
cover. Top of concrete shall be one (1 ") inch above ground and crowned to shed water.
c. Join top rails with suitable sleeve -type couplings, making rigid connections with provisions
for expansion and contraction. Pass rail through base of line post barbed wire extension
arm and fasten securely to terminal post.
d. Brace all terminal posts with brace member fastened to terminal and first line post securely.
Tie terminal post, near ground line, to line post at brace member with steel tension rod of
3/8 -inch minimum diameter, complete with turnbuckle.
e. Provide hole in barbed wire extension arms for top rail on line posts and for connection of
top rail at corner post. Extension arm shall be capable of supporting 300 -pound load at end
of mounted arm.
f. Securely fasten chain link fence wire fabric as follows:
1. To terminal posts using 1 /4" x 3 /4" tension bars with 11 -gauge pressed steel bands spaced
approximately 14 inches apart.
2. To line posts with 6 -gauge aluminum tie wires spaced approximately 24 inches apart.
3. To top rail with 9 gauge aluminum tie wires spaced approximately 24 inches apart.
4. A No. 7 gauge galvanized tension wire shall be strung the entire length of the fence,
securely fastened to terminal posts and tied to each line post with No. 9 aluminum wire
ties. Fabric to be tied to bottom wire with No. 9 gauge wire ties approximately 39
inches apart.
g. Install 88% vinyl privacy fence screen around designated areas with the City Logo, Public
Works Operations Center, 201 West H. O. Mills Blvd.
h. An automatic gate is to be installed at the main entrance. The control unit will be provided
by another source. Gate should be installed to accommodate this situation.
Notes
1. Drawing is attached.
2. Liquidated damages are $150 per day.
Page 6 of 15
CITY OF PORTIRTHURTEXAS
'BID SHEET'
BID "FOR: Fencing Work at Operation. Center
Bill DUE DATE: Mareh`20, 2013
DESCRIPTION TOTAL :COST
Fencing Work at Operation Center
�J eo
Option 1 - Two operatoreht in link. system with iwo.gate system $ 3 !) dam'
Option 2 - One operator hydraulic system opening the entire gate $ 3 ?, 0496
Work will be complete in (2' calendar days.
Lunceford Services 2050 Owens
COMPANY NAME STREET ADDRESS
,00.
SIGNATURE`OF BIDDE P.O. BOX
Aaron Lunceford Groves, TX 77619
PRINT OR TYPE NAME CITY STATE ZIP
Owner 409 - 720 - 7816
TITLE AREA CODE TELEPHONE NO
luncefordservices @yahoo.com
EMAIL FAX NO.
Page 7 of I5
CITY OF PORTCARTHUR, TEXAS
BID'SHEET
BID' "FOR: Fencing Work at Operation'. Center
BID DUE DATE: March 20, 2013
DESCRIPTION TOTAL COST
Fencing Work at Operation Center
'Option 1 $ 3'1 ,o 60p � .
oa
O 2 $ 3g , 000_
Work will be complete in ,- 1 calendar days.
Lunceford Services 2050 Owens
COMPANY NAME STREET ADDRESS
d eTZ-- d , ,7/ /
SIGNATURE OF BI !DER P.O. BOX
Aaron Lunceford Groves, TX 77619
PRINT OR TYPE NAME CITY STATE ZIP
Owner 409 - 720 -7816
TITLE AREA CODE TELEPHONE NO
Luncefordservices@yahoo.com
EMAIL FAX NO.
Page 7 of 15
BID OPENING DATE: March 13, 2013
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 Lunceford Services
ADDRESS 2050 Owens
CITY /STATE /ZIP Groves, TX 77619
SEND PURCHASE ORDER TO:
COMPANY Lunceford Services
ADDRESS 2050 Owens
CITY /STATE /ZIP Groves, TX 77619
TAX IDENTIFICATION NUMBER 46
Page 8of15
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 undersi ned 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.
Lunceford Services 03/20/2013
Firm Name Date
Owner
Authorized Signature Title
Aaron Lunceford 409 - 720 - 7816
Name (please print) Telephone
luncefordservices@yahoo.com
Email
STATE: Texas
COUNTY: Jefferson
SUBSCRIBED AND SWORN to before me by the above named Aaron Lunceford
on this the 20 day of March , 20 13
oitki
JODIBROWN
- *. . *_ a
- MY COMMISSION EXPIRES Notary Public
';� ° January 20, 2015
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 9 of 15
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.
4--m vt>C6 'FR 2-D S ciQ1/ 5
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.
LITY or - Po R�f 2T�lLP—
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 estionnaire?
Yes No
B. Is the filer of the q likely uestionnaire receiving or likel to receive taxable income, other than investment income, from or at the
direction of the local govern ent 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 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 doi = business with thegovernmental entity 10 . to
Page 10 of 15
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.
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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.
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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
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terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount
of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub - contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or
permit any sub - contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The 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 $100,000.
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r
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.
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