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HomeMy WebLinkAboutPO 6329: ANNUAL CONTRACT FOR HAULING & RECYCLING SCRAP METAL PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Floyd T. Johnson, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.O. #6329 — Scrap Metal Contract DATE 30 July 2013 RECOMMENDATION: It is recommended that the City Council approve Proposed Ordinance No. 6329, authorizing the first year of an annual contract for the Hauling & Recycling of Scrap Metal & White Goods to 3-3 Metals of Vidor, Texas. This contract will have the option of being renewed on an annual basis for two additional years. BACKGROUND: This is an annual contract for the Hauling & Recycling of Scrap Metal & White Goods. Periodically, the City requires a contractor to provide for the disposal of various types of scrap metal from equipment maintenance, old water meters, sign replacement, etc. The Purchasing Division advertised this contract for a licensed scrap metal dealer. Bids were opened on 05 June 2013 with two (2) being received, and none from a Port Arthur vendor. 3-3 Metals was found to be the sole responsible bidder, since the other bid did not adequately address the City's need or provide sufficient information as to the pricing. Since scrap metal is a commodity, and the price is subject to fluctuation, the bids were based on an adjusted amount relative to American Metal Market (AMM) standard pricing. BUDGETARY /FISCAL EFFECT: None. EMPLOYEE /STAFF EFFECT: None. SUMMARY It is recommended that the City Council approve Proposed Ordinance No. 6329, authorizing the first year of an annual contract for the Hauling & Recycling of Scrap Metal & White Goods to 3-3 Metals of Vidor, Texas. This contract will have the option of being renewed on an annual basis for two additional years. / // p Ross E. Blackketter, P.E. Director of Public Works REB /reb S:\ engineer \Documents \Contracts \Scrap Metal \J- 3CAM- 13.docx 1 P.O. No. 6329 06/30/13 reb ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST YEAR OF A CONTRACT WITH 3 -3 METALS OF VIDOR, TEXAS FOR THE HAULING & RECYCLING OF SCRAP METAL & WHITE GOODS WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS. WHEREAS, periodically, the City requires the services of a contractor to purchase scrap metal and white goods from the City and provide for the proper disposal thereof; and, WHEREAS, the City advertised for bids for the Hauling & Recycling of Scrap Metal & White Goods; and, WHEREAS, two (2) bids were received and opened on 05 June 2013; and, WHEREAS, these bids were based on an adjusted amount relative to American Metal Market (AMM) standard pricing; and, WHEREAS, 3-3 Metals was the was the sole responsible bidder as shown in attached exhibit "A "; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: • Section 1. That, the facts and opinions in the preamble are true and correct. Section 2. That, the City Manager is hereby authorized to execute the first year of a contract attached hereto as Exhibit "B" for Hauling & Recycling of Scrap Metal & White Goods with the option of renewal for two additional years with 3-3 Metals of Vidor, Texas with payment to be provided to the City based on the adjusted amount relative to AMM standard pricing as shown in the attached contract; and, P.O. No. 6329 Page 2 Section 3. That, a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED on this day of , A.D. 2013 at a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: APPROVED A TO FORM: / / Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Floyd T. Johnson Ross E. Blackketter, P.E. City Manager Director of Public Works G Shawna Tubbs, CPPO i Purchasing Manager S:\ engineer \Documents \Contracts \Scrap Metal \P06329.docx EXHIBIT A 2 2 4 E 7 , z z 1 v H a) v c N o O 1 aJ co ° 2 w ca- 2 o 4 0 Q Q '� O O� z Z o if)- O Q •.., ki c0 ' tn N ^,� m V U c 4 � X v 0 m +° o2S N U ea t O a� c O H ) 4.-........9 4. CO m p ` C co Q 3 v _ +7 = E a) O m — �� o U vt u Z < Q } t p X o ▪ H ; ° "0 1 0 o m I 0A al a) H CO c d .— O C 2 0 U cu b 1 � O H U O Ln rn U u ' P m c CO v) tn Q • Q OD 0 Ct as s a u 4 L Cl. L `i , N O w 3 O O O : LID bp -o a4 °° L ail LID , a '-c v .' E 2 c ._ cu c .c a v 06 v). u . - 0 O v O ,>--, a) a) a) _ C J a) L J a) a) E O C cc O O L cc O L C' 4-+ CO rte-. •++ pZf a) L O oZS Q o� N = LZ \ =-( i •_C LID N MO O� CIO CO c 120 ?j M c C O `! h C _ _ ft3 �_ J v O fa O O O O Ln C O v) C O. S V c i a) CO u O a3 a; LID .S. O CO LL.. O f0 +.I O 1 O �,.. C 2 to C7 2 V) (7) O U 2 0o U = cn -.+ %�� �,` \� � L C Ci0 EXHIBIT B CONTRACT FOR HAULING & RECYCLING OF SCRAP METAL & WHITE GOODS THIS AGREEMENT, made this 20 day of August , 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 3 -3 Metals a(n) Corporation herein acting Individual, firm, partnership, or corporation by and through Lyndon Judy 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 20 August 2013 to 19 August 2014 . It shall be renewable by mutual agreement for two (2) additional one -year periods. 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: 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. S:\ engineer \Documents \Contracts \Scrap Metal 9-3 Scrap Metal Contract- 13.docx OWNER CONTRACTOR BY: BY: City Manager Manager Floyd T. Johnson Lyndon. Judy Printed Name Printed Name S:\ engineer \Documents \Contracts \Scrap Metal \J -3 Scrap Metal Contract- 13.docx DELORIS "BOBBIE" PRINCE, MAYOR J FLOYD T. JOHNSON WILLIE "BAE" LEWIS, MAYOR PRO TEM / CITY MANAGER �.9 COUNCIL MEMBERS: City o f SHERRI BELLARD RAYMOND SCOTT, J CITY SECRETARY 14) ELIZABETH SEGLER MORRIS ALBRIGHT IH VAL TREND *V?rt rth HAROLD L. DOUCET, SR. is r CITY ATTORNEY ROBERT E. WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS MAY 8, 2013 INVITATION TO BID HAULING & RECYCLING OF SCRAP METAL & WHITE GOODS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 5, 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, June 5, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Scrap Metal 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 Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@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 2of14 INVITATION TO BID HAULING & RECYCLING OF SCRAP METAL & WHITE GOODS (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 3of14 SPECIFICATIONS FOR HAULING & RECYCLING OF SCRAP METAL & WHITE GOODS PURPOSE: The City of Port Arthur is seeking bids from qualified vendors to provide roll off containers and services for the collection, removal and recycling of scrap metal & White Goods for the City of Port Arthur Utility Operations, Public Works, Fire & Finance Departments. Other City department may utilize the contract. Contractors will pay the City for the Scrap Metal. CONTRACT TERM: The contract is for one year and the contract may be renewed up to two (2) additional years in one (1) year increments under the terms and conditions contained herein. SCOPE OF SERVICES: 1. This contract will allow additional City Depat tinents to participate in this program with the same stipulations stated herein to include separate accounts for the appropriate departments, and to include additional containers placed at separate locations as designated by the individual departments for their use. 2. Requirement: Two 20 CY roll off containers. One container located at Utility Operations Water Warehouse located at 111 H. O. Mills Road, Port Arthur, TX 77640. The Other Container location is the Public Works Electrical Building located at 320 Austin Avenue, Port Arthur, TX 77640. 3. Contractor shall deliver empty 20 CY containers to the designated accumulation area, i.e. Water Warehouse. Containers must be clearly labeled to distinguish ownership. 4. Contractor can haul scrap metal at the various locations on Monday thru Friday, 8:00 a.m. to 4:00 p.m. 5. The City will call the contractor when department is ready for pickup. Contractor must pick up container within 48 hours. 6. The Contractor shall provide a pick up ticket or bill of lading at the time of pick up with a tractable identification number and description of the load being picked up. 7. Contractor shall perform the services specified in such a manner as not to interrupt or interfere with the operation of any activity on the premises. 8. Contractor will pick up the container filled with scrap & white goods and haul it off. 9. Within one (1) business day of pickup of the material, Contractor shall return an empty container to the City site from which scrap was picked up. 10. Contractor will be responsible for loading the stainless steel and brass water meters from the location unto contractor's equipment and haul it off. Contractor shall be solely responsible for the safety of Contractor's employees and others relative to Contractor's work, work procedures, materials, equipment, transportation, signage and related activities and equipment. 11. Contractor shall operate in compliance with OSHA and DOT regulations. 12. Contractor must meet all local, state, federal laws. 13. Contractor is required to have all current licenses, business permits and other permits required to perform the services of this agreement. 14. Contractor is responsible for inspecting the contents of the containers for unacceptable materials before removing the container from the City properties. 15. Contractor shall assume ownership, control and responsibility of any materials removed from City properties. 16. Contractor shall not hold the City of Port Arthur responsible for damages done to containers during the loading of scrap metal or moving of containers. 17. Contractor shall determine the net weight of the scrap material (gross weight including container, less container weight, = net weight). A copy of the dated weight bill shall accompany contractor's payment to the City. The City reserves the right to verify weights at a facility selected by the City. If a discrepancy exists between the weight and the Contractor's facility and the City's facility, the weight at the City's facility prevails in determining payments. Page 4 of 14 18. Bidder shall indicate if the City is to "Add" or "Deduct" the specified "Adjustor" amount from the AMM pricing. 19. Contractor's payment must be accompanied by a copy of the American Metal Market pricing that was used to determine the scrap metal value as well as all weight tickets from the contractor's certified scale. 20. Pricing will be determined by the set monthly cost on the appropriate category published by the American Metal Market 21. Within five business days of pickup of the material, Contractor shall mail payment to the City. Payment shall be by check payable to the "City of Port Arthur." The check should be directed to the Department after each pick up. 22. Contractor shall disclose any and all additional charges, i.e. pickup charge, delivery charge, container fees, etc at time of bid. TYPES OF SCRAP METALS INCLUDED IN CONTRACT: Finance (Estimated Maybe 1 time a year) Brass and Copper Water Meter Utility Operations (Estimated Pickup 3 to 4 times a year) Fire Hydrants, Mixed iron and steel, Pipes, Pumps, Tubing, Valves, Copper, Brass, occasional white good Public Works (Estimated 1 time a year) Steel &Aluminum signs and poles Fire Station #4 (Estimated 1 time only) Stainless Steel NON - QUALIFYING MATERIAL: It shall be understood that some items provided by the City will contain mixed material and /or non - metallic material. Please submit any limitations or requirements to which you will require the City to adhere. (Excessive limitations or requirements may be cause for your bid to be considered non - responsive to the Invitation for Bids). Page 5 of 14 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Hauling and Recycling of Scrap Metal & White Goods BID DUE DATE: June 5, 2013 DESCRIPTION COST DESCRIPTION ADD TO AMM DEDUCT FROM AMM Hauling and Recycling of Scrap Metal & White Goods from stored bins $ $ Hauling and Recycling of Steel & Aluminum Signage from Stored Bins $ $ Contractor loading, Hauling and Recycling of Brass Water Meters $ $ Contractor loading, Hauling and Recycling of Stainless Steel $ $ 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: June 5, 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. 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. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to 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. 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 1 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 y p 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. ND RESPONSIBLE PROSPECTIVE BIDDERS: A prospective STANDARDS FOR RES ONSIB E p sp ective 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.: Department, 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 11 of 14 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 YP e s m is 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 14of14 f Car of y . J 4 CITY OF PORT ARTHUR, TEXAS .), ort rthu ADDENDUM NO. ONE (1) Texas May 21, 2013 Bid Proposal For: Hauling and Recycling of Scrap Metal & White Goods 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. Requirement: Three 20 CY roll off containers. One container located at Utility Operations Water Warehouse located at 111 H. O. Mills Road, Port Arthur, TX 77640. The second container location is the Public Works Electrical Building located at 320 Austin Avenue, Port Arthur, TX 77640. The third container location is Equipment Services located at 103 H. O. Mills Road, Port Arthur, TX 77640. 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. _ .14: Shaw a Tubbs, CPPO CPPB Purchasing Manager Signature of Proposer Date i i_ CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Hauling and Re cycling of Scrap Metal & White Goods BID DUE DATE: June 5, 2013 DESCRIPTION COST DESCRIPTION ' ADD TO AMM DEDUCT FROM AMM Hauling and Recycling of Scrap Metal & White Goods �(4 & from stored bins $ $ — 5 o/c -T t.6 t 6 `'"`el s) Hauling and Recycling of Steel & Aluminum Signage _ / (� • " Cleat Albin , (old sl,ee+- 4 c.0. SA , from Stored Bins $ $ 3 p' , A-101. (0(d Aft-t-4; `&" .13/ Contractor loading, Hauling • and Recycling of Brass �lb' k(el,1o,► �`i`'S s.bds Water Meters $ $ - 13 • (,O ]- Yetlo. i1 liscic,dkki.°° /I Contractor loading, Hauling and Recycling of Stainless 2- " 3t4 sbl�ds c1rQ3 (Clean, . Steel $ $ . - 5°116tS/ C-t s ' > • 15 / �h S-3 Me-Ws 16155 iL 1 1o5 COMPANY NAME STREET ADDRESS .J SIG 'ATURE OF BID IER P.O. BOX L ,ifen I V,A0( 1 )( 17(eLek P OR TYPE NA E 1 CITY STATE ZIP 1"Kn4 a e< ` f 0 1 (42 St 050 TITLE AREA CODE TELEPHONE NO. 401 Al- 0501 EMAIL FAX NO. Page 6 of 14 k ( BID OPENING DATE: June 5, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are equested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICA ION NUMBER as indicated below: T i REMIT PAYMENT TO: COMPANY S - V M ek ADDRESS (1SS .NI, tALA) - 10S CITY /STATE /ZIP VA a D(' 1 IN 11 toL9 c, SEND PURCHASE OIER[TO: COMPANY i IS -3 , .0 ADDRESS :. LL S S IJ � �1 (A., , 105 CITY /STATE /ZIP VI Jo( I - 1)( 71W). TAX IDENTIFICATION NUMBER 1 115 13 514 , S 1 1 1 Page 7 of 14 1 i 1 AFFIDAVIT All pages in Offeror's Respon es containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signatu e is binding. The undersigned offers and ag ees 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 11 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 sai� d debts. I further agree to pay succeeding debts as they become due. -3 Me -as 6151 3 Firm Name Date ,edceo'cLO v C Authorized Signature Title 1`Aa c+6v.) 1 3;4s1 , t, 1 4o ° 1- I - 0500 Name (please print) Telephone vvt - t ,:) 3 Yvve.‘ l S , Email STATE: COUNTY: AND SW OR before me by - above named ct,WA B WSh SUBSCRIBED A S O to be o e e y� • o on this the day o — , A l_ , 20 AL/ Alb Irtary ' ubl' REIIURN HIS AFFIDAVIT AS PART OF THE BID PROPOSAL • " " " "� MARGARET ANN SMITH � Y ►u c Pr: Notary Public. State of Texas My Commission Expires FO March 07, 2015 n,na Page 8 of 14 (, % E,( CITY OF PORT ARTHUR, TEXAS �...- ADDENDUM NO. ONE (1) 71-t rihnr 7e•rirR May 21, 2013 Bid Proposal Fo Ha ing and Recycling of Scrap Metal & White Goods The following clarific.tions, amendments, deletions, additions, revision and /or modifications are made a part of con N act 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 tliis ad.` -ndum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS T . E SUBMISSION OF THEIR BID. Addendum as follows I ' 1. Requirement;:! Thr:- 20 CY roll off containers. One container located at Utility Operations Water Ware Ouse ocated at 111 H. O. Mills Road, Port Arthur, TX 77640. The second container location the Public Works Electrical Building located at 320 Austin Avenue, Port Arthur, TX 77640. The third container location is Equipment Services located at 103 H. O. Mills Road, 1;ort • hur, TX 77640. If you have any questiins, please contact the Purchasing Division at 409 - 983 -8160. NOTE: ALL pAGE.. OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DQCUM NTS. i 5. 49 /, 6� . • L Sha `a Tubbs, tPPO CPPB f Purchasing Manger • e —.S /3 avadr Sign f re of P. oposer Date 1 I