Loading...
HomeMy WebLinkAboutPR 17659: CONTRACTS FOR SUPPLY OF HDPE PIPE 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. #17659 — Approve Contracts for Supply of HDPE Pipe DATE 03 June 2011 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 17659, approving a one - year contract, with the option to renew for one additional year, with HD Supply Waterworks, LTD of Beaumont, Texas for the annual contract to supply High Density Polyethylene (HDPE) Pipe for an amount not to exceed $25,000. BACKGROUND: This is an annual contract for High Density Polyethylene (HDPE) Pipe that will be used by the Drainage Division for maintenance and construction. Three bids for this contract were received, with no Port Arthur vendors bidding. BUDGETARY /FISCAL EFFECT: Funding is available in 001 - 1204 - 531.34 -00 and 001 - 1204 - 531.84 -00. EMPLOYEE /STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17659, approving a one - year contract, with the option to renew for one additional year, with HD Supply Waterworks, LTD of Beaumont, Texas for the annual contract to supply High Density Polyethylene (HDPE) Pipe for an amount not to exceed $25,000. /, Ross E. Blackketter, P.E. Director of Public Works REB /reb S:\ engineer\ Documents \Contracts \HDPE\HDPE CAM- 13.docx P.R. 17659 05/31/13 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNUAL CONTRACT FOR HIGH DENSITY POLYETHYLENE (HDPE) PIPE WITH HD SUPPLY WATERWORKS, LTD OF BEAUMONT, TEXAS IN AN AMOUNT NOT TO EXCEED $25,000. ACCOUNTS 001 -1204- 531.34 -00 AND 001- 1204- 531.84 -00. WHEREAS, Purchasing advertised in the Port Arthur News on 10 March and 17 March 2013 for bids for the annual supplying of High Density Polyethylene (HDPE) Pipe; and, WHEREAS, three (3) bids were received and opened on 27 March 2013 for the above referenced materials and have been evaluated by Public Works and Purchasing, with no Port Arthur vendors bidding; 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 of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, a one -year contract, with the option to renew for one additional year, between the City of Port Arthur and HD Supply Waterworks, LTD of Beaumont, Texas (attached as Exhibit "B") for High Density Polyethylene (HDPE) Pipe based on the unit prices as shown in the bid tabulation attached as Exhibit "A ", said contract not to exceed the amount of $25,000; and, THAT, funding for these materials is provided for in accounts 001 - 1204 - 531.34 -00 and 001 - 1204 - 531.84 -00; 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. 2013 at a meeting of the City of Port Arthur, Texas by the following vote: P.R. 17659 Page 2 Ayes: Mayor: Councilmembers: Noes: Mayor Attest: APPROVED AS TO FORM: Sherri Bellard Vf izeno 6 City Secretary City Attorney 0-pt Zek/g APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: dilate Floyd T. Johnson Deborah Echols, CPA City Manager Director of Finance Adrai. _ ,A-ehata-ri■-• - A Ross E. Blackketter, P.E. Shawna Tubbs, CPPO Director of Public Works Purchasing Manager S:\ engineer \Documents \Contracts \Conc Pipe & Boxes \PR17659.docx EXHIBIT A X a H a a to O O to kin O O O raj C . M .-, 00 00 N o L ci oo - N N 4 s C Evs 69 69 69 69 69 69 69 N W U = a gli ho CD 04 ›, O 00 O t M N M O M f .EL, © s in W N c= oo N N N E F . 1 U 69 69 69 69 69 69 64 69 H 5 N RI U W et CU �.+ M 00 00 M 00 —. \D N .. E-4 ., C CC D a, O v-) M O N '.O O c 4 A 1 4 1` 00 - N N V O 7:' tto A 69 69 69 69 64 6 69 69 i--1 0 O . C4 O U W as D a a a a a a a A cn • 2 a a. a, a. a, a. a, a. = O N O co N s 71- .- Q" vl M N N r-+ C.) u 1 1 1 1 1 1 1 1 a A N v7 Co 4 o '.0 0o o — .--- N M M fit' .0 v k 1 G7 V G . N M 4 Vl .0 N 00 �1 v - C ~ a - a �� \ 1.7111 ,„ ti U U EXHIBIT B Attachment MATERIALS SUPPLY AGREEMENT High Density Polyethylene (HDPE) Pipe THIS AGREEMENT, made this the 18 of June 20 13 , 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 HD Sua)Iv Waterworks, 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 17 June 2014 . It shall be renewable by mutual agreement for an additional one -year period. 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. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. S:\ engineer \Documents \Contracts \HDPE \HD Supply - HDPE- 13.docx Page 1 Attachment 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 20 OWNER: CITY OF PORT ARTHUR Floyd T. Johnson, City Manager Signed on the day of 20 CONTRACTOR: HD SUPPLY WATERWORKS, LTD S:\ engineer \Documents \Contracts \HDPE \HD Supply - HDPE- 13.docx Page 2 DELORIS "BOBBIE" PRINCE, MAYOR / FLOYD T. JOHNSON WILLIE "BAE" LEWIS, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD �[t� � � CITY SECRETARY RAYMOND SCOTT, JR ELIZABETH SEGLER MORRIS ALBRIGHT HI jt u VAL TIZENO HAROLD L. DOUCET, SR. CITY ATTO ROBERT E. WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS MARCH 6, 2013 INVITATION TO BID HIGH DENSITY POLYETHYLENE PIPE 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 official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 27, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: HDPE 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 1089 1 444 4th Street1 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 14 INVITATION TO BID HIGH DENSITY POLYETHYLENE PIPE (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 14 SPECIFICATIONS FOR AN ANNUAL CONTRACT FOR HIGH DENSITY POLYETHYLEYNE PIPE 1) The contract shall be in effect for a period of one (1) year with the option to renew for one additional year. 2) The bidder shall include in his price delivery of materials to the Drainage Division, 201 H.O. Mills Road, Port Arthur, Texas. The City will purchase quantities as needed. 3) The City is authorized to use other sources to purchase stock if it is not available from the supplier. 4) Orders shall be placed as needed. A minimum quantity shall not be required. 5) Contract shall be awarded to one (1) vendor. 6) Bids will be evaluated using the following: 6.1 Conformance to specifications, 6.2 Delivery time, and 6.3 Price 7) High Density Polyethylene (HDPE) Pipe 7.1 This specification applies to high density polyethylene pipe with an integrally formed smooth interior. The specification is applicable to normal sizes 12-60 inch diameter. Requirements for test methods, dimensions, and markings are those found in AASHTO M294, latest edition (ASTM F667 governs single wall pipe through 24 ") with the following exceptions to the Pipe Flattening Test Method, in which the vertical inside diameter is reduced by 25 %, and the specimen shall be examined to show no cracking, splitting, or delimitation. 7.2 Pipe and fittings shall be made of virgin PE compounds which conform with the requirements of cell class 335420c as defined and described in ASTM D3350. 7.3 Minimum pipe stiffness values shall be as follows: Diameter Pipe stiffness* 12" 50psi 15" 42psi 18" 40psi 24" 34psi 30" 28psi 36" 22psi 48" 17psi 60" 14psi *per ASTM Test Method D -2412 Page 4 of 14 7.4 The pipe fittings shall be free of foreign inclusions and visible defects. The ends of the pipe shall be cut squarely and cleanly so as not to adversely affect joining. 7.5 The nominal size for the pipe is based on the nominal inside diameter of the pipe. Inside diameter tolerances shall be plus 3% minus 1.5 %. 7.6 Pipe joints shall be bell spigot type, incorporating a gasket seal that meets ASTM Standard F -477. 7.7 The contractor must supply to the City a written quality control plan that details how the producer will control the equipment, materials, and production methods to insure that the specified products are supplied. The following information must be included in the plan: titles of personnel, plants physical location, lot identifications, sampling methods, and provide that the corrugation profile meets proposed "Profile Stability" (stable under compression and bending) parameters outlined in AASHTO M294 Appendix X2. 7.8 A manufacturer's certification that the product was manufactured, tested and supplied in accordance with this specification shall be furnished upon request to the City of Port Arthur. 7.9 Installation shall be in accordance with ASTM recommending Practice D -2321 or as specified by the City of Port Arthur. 8) State the Manufacturer of each item. Page 5 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: High Density Polyethylene Pipe BID DUE DATE: March 27, 2013 DESCRIPTION PRICE PER LINEAR FOOT 12" 50 psi $ /LF 15" 42 psi $ /LF 18" 40 psi $ /LF 24" 34 psi $ /LF 30" 28 psi $ /LF 36" 22 psi $ /LF 48" 17 psi $ /LF 60" 14 psi $ /LF 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 6 of 14 BID OPENING DATE: March 27, 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 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. Y . g g 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 8 of 14 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. 1 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 9 of 14 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 10 of 14 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. 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. Page 11 of 14 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 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. Page 12 of 14 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. 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. Page 13 of 14 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 14 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: High Density Polyethylene Pipe BID DUE DATE: March 2 7 , 2013 DESCRIPTION ' PRICE PER LINEAR FOOT 12" 50 psi 9 3 /LF l 15" 42 psi $ r l , OF /LF 18" 40 psi $ 'v (- - Y /LF 24" 34 psi $ / 3 7 3 3 /LF 30" 28 si >> // c� P $ � `7, /LF 36" 22 psi $, `� /LF 48" 17 psi $ /c r C /LF 60" 14 psi $ C 7‘ 2 /LF COMPANY NAME / STREET ADDRESS • SIG r U'I OF BIDD R P.O. BOX e TI PRINT OR NAME 1 CITY STATE ZIP TITLE AREA CODE TELEPHONE NO bee^ ( e ✓t , f ) ( ![ {/ , C�r✓1 Fl‘ Q �� EMAI / FAX NO. Page 6 of 14 BID OPENING DATE: March 27, 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 Sv / c G ✓2 ,n �..m r .s' 4 7 b ADDRESS /C/ 15a X Fz O ?&' > j i CITY /STATE /ZIP / / �S c 2, e SEND PURCHASE ORDER TO: COMPANY 1/ ADDRESS / -4,' - j CITY /STATE /ZIP .g;._ � v� �s� 7X e2 2 9 9 TAX IDENTIFICATION NUMBER / O� — U ��d cfl — O I Page 7 of 14 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc,, shall be signed by a duly authorized ocer of the company whose signature is binding. The undersigned offers and agrees to one of the following: r!�' _-_' 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 ilitb an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. 3i2.. ( Firm Name Date Sales Auth • - P ed Signature Title 'eNnGV . Name (please print) Telephone Email STATE: "�e1,6tS COUNTY: \f SUBSCRIBED AND SWORN to before me by the above named 'EvvNevI gcvrtrnv‘o( on this the 2 L day of Marc. 20 13 ��� � Notary Public .t : '� ; 0 �, R IT 1 N THIS AFFIDAVIT AS PART OF THE BUM PROPOSAL $ • ••. FXPIPE a6 © OS 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 administrat• of the local governmenta -ntity not later than the 7 business day after the date the person become: aware of facts that require e statement to be filed. Se ;. Section 176.006, Local Government Code. A person commits an offense if : person knowingly viol. es Section 176.006, Local overnment Code. An offense under this section is a Class C misdeme. or 1. Name of person who • s a s siness relationsh s with local governmenta entity. 2. Check this • 8x if yo are filing an . pdate to a previously file: questionnaire. (The law equires t It you file . updated completed questionnaire with the appropriate filing authority not later than 7 bu ness day a ler the dat- he originally filed questi. naire becomes incomplete or inaccurate.) 3. Name of a ocal governm nt of cer with whom filer has • mployment or business relat' a ship. Name of Offi er This section (item 3 including subparts A, B, C, ; II) must be completed for eat officer with whom e filer has an employment' or other business relationship as defined by Sec on 176.001 (1 -a), Local Govt rnmen .. - . • .' io .1 pages to this Form CIQ as necessary. A. Is the local government officer • . med in this section receivi or likely to receive tax.' le income, other than investment . income, from the filer of the • estionnaire? Yes o B. Is the filer of the que ionnaire receiving or likely o receive taxable income, other than investment income, from or at the direction of the loca government officer name. n 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 9 of 14