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HomeMy WebLinkAboutPR 17813: CONTRACTS FOR ROAD BUILDING MATERIALS WITH T.B. TRANSPORT SERVICES, LLC, APACE-TEXAS, KNIFE RIVER CORP. 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. #17813 — Approve Contracts for Supply of Road Building Materials DATE 10 September 2013 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 17813, approving contracts with T.B. Transport Services, LLC, APAC — Texas, Knife River Corporation, and Redwine Enterprises Inc, for Road Building Materials for a total amount not to exceed $1,500,000. BACKGROUND: These are annual contracts for Road Building Materials that will be used by the Public Works Department for maintenance and construction. Where we received bids from multiple vendors for a particular item, purchase of that item will be based on the price first, then availability if necessary. These are non - exclusive contracts allowing purchase of materials from each vendor as described. The individual contracts show for which items each vendor will be primary or secondary. These materials will be utilized by the Public Works and other departments. One item, Romayor Sand, is not being awarded due to the excessive cost of the sole bid received. There are no guaranteed minimum purchase amounts for any of these materials. Six (6) bids were received, with one Port Arthur vendor bidding. BUDGETARY /FISCAL EFFECT: Funding is available in various departmental accounts. EMPLOYEE /STAFF EFFECT: None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17813, approving contracts with T.B. Transport Services, LLC, APAC — Texas, Knife River Corporation, and Redwine Enterprises Inc, for Road Building Materials for a total amount not to exceed $1,500,000. Ross E. Blackketter, P.E. Director of Public Works REB /reb S: \engineer \Documents \Contracts \Road Bldg Matls \Road Bldg Matls CAM- 13.docx P.R. 17813 09/10/13 reb RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR ROAD BUILDING MATERIALS WITH T.B. TRANSPORT SERVICES, LLC, APAC - TEXAS, KNIFE RIVER CORPORATION, AND REDWINE ENTERPRISES INC FOR AN AMOUNT NOT TO EXCEED $1,500,000. VARIOUS DEPARTMENTAL ACCOUNTS. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual supplying of Road Building Materials; and, WHEREAS, six (6) bids were received and opened on 03 July 2013 for the above referenced materials and have been evaluated by Public Works and Purchasing, with one Port Arthur vendor 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, one year non - exclusive contracts between the City of Port Arthur and T.B. Transport Services, LLC (attached as Exhibit "B "), APAC -Texas (attached as Exhibit "C"), Knife River Corporation (attached as Exhibit "D "), and Redwine Enterprises Inc. (attached as Exhibit "E "), for Road Building Materials based on the unit prices as shown in the bid tabulation attached as Exhibit "A "; and, THAT, purchase of these materials will be from each of the vendors according to the unit prices as bid based first on price, and second on availability, according to the needs of the City; and, THAT, funding for these materials is provided for in various departmental accounts; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. 17813 Page 2 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: Mayor Attest: APPROVED AS TO FORM: Sherri Bellard, Valecia Tizeno / City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: "60,1.41&,a4- Floyd T. Johnson Deborah Echols, CPA City Manager Director of Finance Ross E. Blackketter, P.E. 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O O 0 c N a E-+ a v) • • •° cn % �q 1 o bA ., • a a a y c a i • a a �i ,2 n • a> °> 'CS co cor A co o c b c � o o o A W N- 0 o N • k U O 7.1., N fie] U U 0 8 © .? cu N '-'., a S a o a a A c' a 0 G G x .k ? .r n 1" a P W bA o fn C c) w, v) 0 °° a� a� s c� , � � . b --� 0 O Fi¢ F¢ P1 G E∎Q x¢ a: U $ o u x 5 5 n 3 C .--f . . 4t o ,_ * * U (-.1 M et v.) 1/40 l� oo ct iT O , • M _, Co) 0 EXHIBIT B MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the 2nd of October 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 T.B. Transport Services, LLC 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 01 October 2014 . 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, and will be the primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid S:\ engineer\ Documents\ Contracts\ TBTransport- RoadBldgMatls- 13.docx 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 20 . OWNER: CITY OF PORT ARTHUR Floyd T. Johnson, City Manager Signed on the day of 20 . CONTRACTOR: T.B. TRANSPORT SERVICES, LLC S:\ engineer\ Documents\ Contracts\ TBTransport- RoadBldgMatls- 13.docx Attachment Road Building Materials Description Cost per Ton to Location * Vendor Stockpile Plant Worksite Primary Secondary Gr. 3 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Gr. 4 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Blackbase $70.90 $60.00 $70.90 APAC T.B. Transport Limestone $26.50 $22.00 $26.50 Knife T.B. River Transport 610 Base $38.00 $31.75 $38.00 APAC Knife River Limestone Ty. "D" HMAC $77.00 $80.00 $77.00 T.B. APAC Transport Hotmix Cold Laid $77.00 $80.00 $77.00 T.B. APAC Ty. "D" Transport Romayor Sand No Award No Award No Award N/A N/A Cem. Stab. Sand $27.00 $22.00 $27.00 Knife T.B. River Transport 1 /2 Sack Inc. $3.00 $3.00 $3.00 Knife T.B. River Transport 1 /2 Sack Dec. $3.00 $3.00 $3.00 Knife T.B. River Transport Conc. Rubble $18.03 $17.00 $18.03 Redwine APAC Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 0" -1 Transport Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 11/2"-3" Transport Gr. 3 Comml Rock $37.00 $40.00 $37.00 T.B. APAC Transport Gr. 4 Comml Rock $37.00 $40.00 $37.00 T.B. APAC Transport 5 /8" Limestone Agg. $37.25 $31.00 $37.25 APAC T.B. Transport *Cost shown is for primary vendor. Notes: The great travel distance along with their delivery method, makes Vulcan Construction Materials non - competitive for both delivered materials and materials to be picked -up. The sole bid received for Romayor Sand is far in excess of previous years' bids, and is non - competitive. Any purchase of this material will be based on quotes obtained at the time of purchase. S: \engineer\ Documents \Contracts \RoadBldgMatls -Attch 13.docx DELORIS "BOBBIE" PRINCE, MAYOR FLOYD T. JOHNSON ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM > CITY MANAGER COUNCIL MEMBER City of SHERRI CRETARY RAYMOND SCOTT, z ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, HI �L VALECIA R. TIZENO ROBERT TROY n r t r t h u r CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas KERRY "TWIN" THOMAS JUNE 6, 2013 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 26, 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 26, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Road Building DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams @portarthur.net Questions concerning the Scope of Work should be directed in writing to: City of Port Arthur, TX Ross Blackketter, Public Works Director P.O. Box 1089 Port Arthur, TX 77641 rblackketter @portarthur.net Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street 1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left -hand 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 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity /service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments /Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, Type 'A" Grade 1 Limestone Base. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 B. Graduation Requirements: 1. Retained on 3/8 -inch sieve 0 2. Retained on '/4 -inch sieve 0 3. Retained on 20 -mesh sieve 15 4. Retained on 100 -mesh sieve 80 5. Color test ASTM C40 (latest revision) 6. Color not darker than standard color C. Cement: ASTM C150 (latest revision), Type I- 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. D. Water: Fresh and clean potable water. E. Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand - tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0 " -8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0 -2 20 -35 85 -100 95 -100 99 -100 Commercial Rock Grade 4 0 0 0 -2 20 -35 95 -100 99 -100 Commercial Rock 5/8" 0 3 -15 50 -70 90 -100 95 -100 97 -100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. 1/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. '/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0 " -8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0 " -11/2 " size $ /ton $ /ton $ /ton B. Hearth slag, 1 '/2 " -3" size $ /ton $ /ton $ /ton Signature Date Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: 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 7 of 15 BID OPENING DATE: June 26, 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 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 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 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the Local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 10of1.5 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 11 of 1.5 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. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 12 of 15 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 13 of 15 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 14 of 15 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 15 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated . j 7 �,a e> Aggregate $ tell /ton $ i - /ton $ 0 /ton B. Type "PE" Grade 4 Precoated j ,�. - L Aggregate $ to /ton $ w /ton $ /ton iP 2. Blackbase $17 ton $ 6v - /ton $ 1 T /t on 3. Limestone $ J`°� /ton $ 3a $ d-� 1 0 on 4. 610 Base Limestone $ 9 ? ' y /ton $ NS' ton $ L 1 ' /ton 5. Type "D" Hotmix Asphaltic cc )ton �� Concrete PVT $ 11.°L) $ 8 y /ton $ ' ' /ton 6. Hotmix Cold Laid Type "D" �; Asphaltic Concrete Pavement $ 77' /ton $80' /ton $1 /ton 7. Romayor Sand $ l) eQ on $ I5 ton $ 15a a t n 8. Cement Stabilized Sand (Base Bid) $ 3b v /ton $ n'` /ton $' 3v c2 /t 9. A. '/2 sack incremental increase � to base bid $ 35 ' /ton $; 35� /ton $ 3S /ton B. `/2 sack incremental decrease to base bid $ 3 ' ton $ 33 ton $ 3 (3 /ton u . 10. Concrete Rubble, 0 " -8" size .mixed $ �' Eton $ 3 666 /ton $ 3�1 7 ton 11. A. Hearth slag, 0 " -11/2 " size $ X3' /ton $ 95'S /ton $ a 61 ' /ton B. Hearth slag, 11/2" -3" size $ aY /ton $ ? S1) /ton $ P' /ton fir % / a72 ef ge 0 Signature) Dat Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ tt) ' /ton $ 31 13. Grade 4 Commercial .Rock $ 31 * /ton $ I4t /ton $ 31' Eton 14. 5/8" Limestone Aggregate $ LI�` $ Lrt' %ton $ lit S /ton Location of stockpile, plant or shipping point: VAA.. l CA. ✓l ( - i(�. 1 39c Oec:tuwAddn-1 jt1110i Kni�s� V-∎vtQ d-( Scue(tikSiade+ fir A.1/4wc + 717°S (f e . j l�e.�krr on-1. l TX T1^1 o 1 (P,'Ac . � . p 1 2u415 pcs Se.tZv ;' crS L L C 3 1t5 v,ask- .jt;r, Nvd COMPANY NAME STREET ADDRESS C t awl/LA(1 1 A SIGNAT FBI BIDDER P.O. BOX - Rt L. 32o► n i3eckc.��v�ovt— T 7 7&5 PRINT OR T YPE NAME CITY STATE 1 ZIP C66 Ldp L/sti -/78 TITLE AREA CODE TELEPHONE NO. bo Alp EMAIL J FAX NO. Page 7 of 15 BID OPENING DATE: June 26, 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 I Qt 5 e-R 0 teS LLC. ADDRESS . 3 R5 was ki vG1(1 3 1 ij cL CITY /STATE /ZIP v`610 Y� I �C 77705 SEND PURCHASE ORDER TO: COMPANY I U' v ip‘G (t Se /u + x'5 L Lc ADDRESS 3 U5 + v j t kid CITY /STATE /ZIP - 3 f' L&yv\p V\ g 7 TAX IDENTIFICATION NUMBER q6.6- 3 - Page 8 of 15 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: V I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. --- 1:15 I iv Q, + SCZU ; LLC 013013 Firm Na Date / ' 01 1 /074) 1 1 Authorized Si ture Title pL L. 3i2o3'U (qcj p qL/ — /72 Name (please/print) Te hone thi 1009 e Email STATE: A COUNTY: jgf�'' /�;p/_ SUBSCRIBED AND SWORN to before me by the above named r _ , on this the 0 day of tk/// , 20 /1 (-- Q ` '� r ANGELA R ' _ 1 �� __c ' �� ot. ; Public :,x, a' Comm Epp. WWII 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 persg n who has a business relationship with local governmental entity. tJ 1f1 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. N 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 2 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 erso�doin business with the governmental entity Date g P doing g ty Page 10 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate /or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, r �(t t,`t Q. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense- Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 1.00 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 r.„ .. CITY OF PORT ARTHUR, TEXAS :,.: i ADDENDUM NO. ONE (1) orr June 26, 2013 Bid Proposal For: Road Building Materials The following clarifications, amendments, deletions, additions, revision and /or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. On Page 4 replace #4 with the following 610 BASE LIMESTONE: Grey Rock 2. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 3, 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, July 3, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. 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. a ide n. f ��1 aLinz' Clifton Williams, CPPB Senior Purchasing Assistant 0 ' ;!'� / eA��0` 13 Signatu Propo ye • INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity /service only Yes No Does your company provide this product or services? ✓ Were the specifications clear? ✓ / Were the specifications too restrictive? V 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? 1 Comments /Other Suggestions: Company Name: Person Completing Form: Telephone: 6"-)' /i7 :z Mailing Address: 1 Email: 31kS V Sk∎ ✓l1 foil ‘Od j = "".� - ;lW�1 i009 -, lct kao,@ v City, State, Zip Code: Date: LBea A . v v ,o vv{ T & 7770S 6/ Page 3 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate /or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1 W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, Type "A" Grade 1 Limestone Base. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Bern No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense- Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 B. Graduation Requirements: 1. Retained on 3/8 -inch sieve 0 2. Retained on '/4 -inch sieve 0 3. Retained on 20 -mesh sieve 15 4. . Retained on 100 -mesh sieve 80 5. Color test ASTM C40 (latest revision) 6. Color not darker than standard color C. Cement: ASTM C150 (latest revision), Type 1- 1- 1/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. D. Water: Fresh and clean potable water. E. Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand - tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: 'h sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0 " -8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0 -2 20 -35 85 -100 95 -100 99 -100 Commercial Rock Grade 4 0 0 0 -2 20 -35 95 -100 99 -100 Commercial Rock 5/8" 0 3 -15 50 -70 90 -100 95 -100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 5 of 15 EXHIBIT C MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the 2 of October 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 APAC- Texas hereinafter called "CONTRACTOR ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall commence within ten (10) days of the execution of the Contract by the OWNER. The term of this Contract is for one (1) year and will be completed 01 October 2014 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, and will be the primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid S:\ engineer\ Documents\ Contracts \APAC - RoadBldgMatls- 13.docx 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 20 OWNER: CITY OF PORT ARTHUR Floyd T. Johnson, City Manager Signed on the day of 20 CONTRACTOR: APAC -TEXAS S: \engineer \Documents \Contracts \APAC- RoadBldgMatls- 13.docx Attachment Road Building Materials Description Cost per Ton to Location * Vendor Stockpile Plant Worksite Primary Secondary Gr. 3 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Gr. 4 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Blackbase $70.90 $60.00 $70.90 APAC T.B. Transport Limestone $26.50 $22.00 $26.50 Knife T.B. River Transport 610 Base $38.00 $31.75 $38.00 APAC Knife River Limestone Ty. "D" HMAC $77.00 $80.00 $77.00 T.B. APAC Transport Hotmix Cold Laid $77.00 $80.00 $77.00 T.B. APAC Ty. "D" Transport Romayor Sand No Award No Award No Award N/A N/A Cem. Stab. Sand $27.00 $22.00 $27.00 Knife T.B. River Transport 1 /2 Sack Inc. $3.00 $3.00 $3.00 Knife T.B. River Transport 1 /2 Sack Dec. $3.00 $3.00 $3.00 Knife T.B. River Transport Conc. Rubble $18.03 $17.00 $18.03 Redwine APAC Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 0" - 1 1 /2" Transport Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 1 " - 3" Transport Gr. 3 Comml Rock $37.00 $40.00 $37.00 T.B. APAC Transport Gr. 4 Comml Rock $37.00 $40.00 $37.00 T.B. APAC Transport 5 / Limestone Agg. $37.25 $31.00 $37.25 APAC T.B. Transport *Cost shown is for primary vendor. Notes: The great travel distance along with their delivery method, makes Vulcan Construction Materials non - competitive for both delivered materials and materials to be picked -up. The sole bid received for Romayor Sand is far in excess of previous years' bids, and is non - competitive. Any purchase of this material will be based on quotes obtained at the time of purchase. S:\ engineer\ Documents \Contracts \RoadBldgMatls -Attch 13.docx DELORIS "BOBBIE" PRINCE, MAYOR \ 1 � FLOYD T. JOHNSON ROBERT E. "BOB" WILLIAMSON, MAYOR PRO TEM �`.: . //, CITY MANAGER COUNCIL MEMBERS: Ci f o f - SHERRI BELLARD RAYMOND SCOTT, JR `� CITY SECRETARY ELIZABETH "LIZ" SEGLER ' / MORRIS ALBRIGHT, III VALECIA R. TIZENO ROBERT TROY i` t del u $ CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas KERRY "TWIN" THOMAS JUNE 6, 2013 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 26, 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 26, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Road Building 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(a,portarthur.net Purchasing Division /Finance Department I Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left -hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity /service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments /Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate /or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A '; Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, Type "A'; Grade 1 Limestone Base. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 B. Graduation Requirements: 1. Retained on 3/8 -inch sieve 0 2. Retained on' /4 -inch sieve 0 3. Retained on 20 -mesh sieve 15 4. Retained on 100 -mesh sieve 80 5. Color test ASTM C40 (latest revision) 6. Color not darker than standard color C. Cement: ASTM C150 (latest revision), Type I- 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. D. Water: Fresh and clean potable water. E. Mixing: Use not less than 1 1 /2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand - tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: 1 /2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0 " -8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0 -2 20 -35 85 -100 95 -100 99 -100 Commercial Rock Grade 4 0 0 0 -2 20 -35 95 -100 99 -100 Commercial Rock 5/8" 0 3 -15 50 -70 90 -100 95 -100 97 -100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. 'A sack incremental increase to base bid $ /ton $ /ton $ /ton B. ''A sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0 " -8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0 " -1'A " size $ /ton $ /ton $ /ton B. Hearth slag, 1'A " -3" size $ /ton $ /ton $ /ton Signature Date Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: 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. Page7ofl5 BID OPENING DATE: June 26, 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 ADDRES S CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY /STATE /ZIP TAX IDENTIFICATION NUMBER 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 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 TILE 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 govemmental entity not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 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. 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 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 12 of 15 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 13 of 15 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 14 of 15 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 15 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ Nit /ton $ Ate) /ton $ N /e7 /ton B. Type "PE" Grade 4 Precoated Aggregate $ 4/6 /ton $ 44/A /ton $ 4/6 /ton u 2. Blackbase $ 7 fl,' /ton $hO /ton $70 /ton 3. Limestone $n1 16 /ton $ 4/L3 /ton $ K ld /ton J� 7 a, 4. 610 Base Limestone $ 38. /ton $ 3t /ton $?i$. /ton 5. Type "D" Hotmix Asphaltic /S $ Concrete PVT $ In. /ton $ �?• /ton $ l$- /ton 6. Hotmix Cold Laid Type "D" 4a lif p go Asphaltic Concrete Pavement $ . /ton $ 79 •� /ton $ O'• /ton 7. Romayor Sand $ l4b /ton $ Nib /ton $ Nit)/ton 8. Cement Stabilized Sand (Base Bid) $ AO /ton $ 14A /ton $ NI h /ton 9. A. 1/2 sack incremental increase // to base bid $b /ton $ N(b /ton $ Mib /ton B. 1/2 sack incremental decrease to base bid $ 01 /i' /ton $ 141'15 /ton $ N'b /ton Z S 10. Concrete Rubble, 0 " -8" size mixed $Z Z. ' /ton $ I4 /ton $ZZ 4 ton 11. A. Hearth slag, 0"-11/2 " size $ J'a /ton $ i46 /ton $ 14/b /ton B. Hearth slag, 11/2"-3" size $ /J 1 / on $ Pilb /ton $ 4/5 /ton I Si:' ature Dat *544z-4 ) 647C.40Ge_ Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $31 /ton $3( /ton $.11 13. Grade 4 Commercial Rock S 0 $� �+ - /ton $31 /ton $ n S 14. 5/8" Limestone Aggregate $31 " /ton $31 /ton $3t ' /ton Location of stockpile, plant or shipping point: g40 I5EE .s • i LcNI � tic f 14-e4-c ��� Sly �,�:✓ ST C OM ANY NAME STREET ADDRESS SI NATURE OF BIDDER P.O. BOX /A4 )C`rrzi zr . /ytIT - 7; 4 77 // PRINT OR TYPE NAME CITY STATE ZIP n1 ot //44 -/gyp ito 9 Z8 f a0 TITLE AREA CODE TELEPHONE NO. v'ti rut/ e el 4- a`Oe .Com l`o9 Ala /aiz EMAIL FAX NO. Page 7 of 15 BID OPENING DATE: June 26, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY -r / � ADDRESS i Q , ,bps ZD 7 7 CITY /STATE /ZIP 13�,11,t aA T 77 7 Z O SEND PURCHASE ORDER TO: COMPANY /fr -- 7 ADDRESS e0,60,<. ZO 77g CITY /STATE /ZIP &711,4e /T 7$ -7-77 Z-D TAX IDENTIFICATION NUMBER / ��$ — V , - 6 Page 8 of 15 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: 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. A - Firm Name ate A A. -1 A nAf - t - .: - A thorized Sig Title Name (please print) Telephone rA ruf /ec6 c Q 102c.. Gd3 Email i ",,, KIMBERLY KAY WORK STATE: S —e a..,$ °` a ' 1 Notary Public. State of Texas A :.g My Commission Expires COUNTY: `$..e-c�S� i „r'� October st, 2016 SUBSCRIBED AND SWORN to before me by the above named c � .,��L -.! on this the 5 day of , 20 \\ . Notary Public 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. 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. /40 /kit- 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 [ er I 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? ov I 1 Yes 11 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? LI Yes C No D. Desc r.:... ach employment orb - lotions ' . , the local government officer named in this section. 4. 'gnat re of person doing business with the governmental entity Date Page 10 of 15 Cinuj �`; A F" CITY OF PORT ARTHUR, TEXAS V rt rthu�r`y- ADDENDUM NO. ONE (1) June 26, 2013 Bid Proposal For: Road Building Materials The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. On Page 4 replace #4 with the following 610 BASE LIMESTONE: Grey Rock 2. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 3, 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, July 3, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. If you have any questions, please contact the Purchasing Division at 409 NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. a Clifton Williams, CPPB Senior Purchasing Assistan 7 /45 S y ature of Proposer Date EXHIBIT D MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the 2 of October 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 Knife River Corporation 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 01 October 2014 . 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, and will be the primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid S: \ engineer\ Documents \ Contracts\ KnifeRiver - RoadBldgMatls- 13.docx 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS. WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 20 OWNER: CITY OF PORT ARTHUR Floyd T. Johnson, City Manager Signed on the day of 20 CONTRACTOR: KNIFE RIVER CORPORATION S: \engineer \ Documents \Contracts \Kn ifeRiver -Road BldgMatls- 13.docx Attachment Road Building Materials Description Cost per Ton to Loc ation * Vendor Stockpile Plant Worksite Primary Secondary Gr. 3 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Gr. 4 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Blackbase $70.90 $60.00 $70.90 APAC T.B. Transport Limestone $26.50 $22.00 $26.50 Knife T.B. River Transport 610 Base $38.00 $31.75 $38.00 APAC Knife River Limestone Ty. "D" HMAC $77.00 $80.00 $77.00 T.B. APAC Transport Hotmix Cold Laid $77.00 $80.00 $77.00 T.B. APAC Ty. "D" Transport Romayor Sand No Award No Award No Award N/A N/A Cem. Stab. Sand $27.00 $22.00 $27.00 Knife T.B. River Transport 1 /2 Sack Inc. $3.00 $3.00 $3.00 Knife T.B. River Transport 1 /2 Sack Dec. $3.00 $3.00 $3.00 Knife T.B. River Transport Conc. Rubble $18.03 $17.00 $18.03 Redwine APAC Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 0 " -11/2' Transport Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 1h/2 " -3" Transport Gr. 3 Comm'I Rock $37.00 $40.00 $37.00 T.B. APAC Transport Gr. 4 Comml Rock $37.00 $40.00 $37.00 T.B. APAC Transport 5 /8" Limestone Agg. $37.25 $31.00 $37.25 APAC T.B. Transport *Cost shown is for primary vendor. Notes: The great travel distance along with their delivery method, makes Vulcan Construction Materials non - competitive for both delivered materials and materials to be picked -up. The sole bid received for Romayor Sand is far in excess of previous years' bids, and is non - competitive. Any purchase of this material will be based on quotes obtained at the time of purchase. S: \engineer\ Documents \Contracts \RoadBldgMatls -Attch 13.docx DELORIS "BOBBIE" PRINCE, MAYOR F jff FLOYD T. JOHNSON ROBERT E. BOB WILLIAMSON, MAYOR PRO TEM CITY MANAGER 14 COUNCIL MEMBERS: Ci y of - ° : SHERRI BELLARD RAYMOND SCOTT, JR. fi. ,\T " h CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGI3T, in VALECIA R. TIZENO ROBERT TROY 1` 1 rthur CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas KERRY "TWIN" THOMAS JUNE 6, 2013 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 26, 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 26, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Road Building DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net Questions concerning the Scope of Work should be directed in writing to: City of Port Arthur, TX Ross Blackketter, Public Works Director P.O. Box 1089 Port Arthur, TX 77641 rblackketter @portarthur.net Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left -hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2of15 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity /service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments /Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate /or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A '; Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, Type 'A" Grade 1 Limestone Base. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMLX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense- Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 B. Graduation Requirements: 1. Retained on 3/8 -inch sieve 0 2. Retained on' /4 -inch sieve 0 3. Retained on 20 -mesh sieve 15 4. Retained on 100 -mesh sieve 80 5. Color test ASTM C40 (latest revision) 6. Color not darker than standard color C. Cement: ASTM C150 (latest revision), Type I- 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. D. Water: Fresh and clean potable water. E. Mixing: Use not less than 1 '/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand- tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0 " -8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0 -2 20 -35 85 -100 95 -100 99 -100 Commercial Rock Grade 4 0 0 0 -2 20 -35 95 -100 99 -100 Commercial Rock 5/8" 0 3 -15 50 -70 90 -100 95 -100 97 -100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. Y2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. %2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0 " -8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0 " -1' /2 " size $ /ton $ /ton $ /ton B. Hearth slag, 11/2" -3" size $ /ton $ /ton $ /ton Signature Date Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: 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 7 of 15 BID OPENING DATE: June 26, 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 ADDRES S CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY /STATE /ZIP TAX IDENTIFICATION NUMBER Page 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing .statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 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 govemmental entity not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. • Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the Local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 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. 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 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 12 of 15 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 13 of 15 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 14 of 15 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 15 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton 13. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ 2 6.5Oton $ 22 .O0ton $ 26.50on 4. 610 Base Limestone $ 41.O9 $ 36 - 0 9ton $ 41.O9 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ 27.O9ton $ 22.O9ton $ 27.O9t 9. A. 1/2 sack incremental increase 3.00 3.00 3.00 to base bid $ /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid $ 3.00 /ton $ 3.00 /ton $ 3.00 /ton 10. Concrete Rubble, 0 " -8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0 " -11/2 " size $ /ton $ /ton $ /ton B. Hearth slag, 11/2"-3" size $ /ton $ /ton $ /ton Tommy Alexander �. 6 - 26 - 13 Signature Date Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton 3116 Texas Ave. Bridge City Location of stockpile, plant or shipping point: 2155 N. 7th St. Beaumont ; 6025 Highland Ave. Beaumont Knife River 4825 Romeda Rd. - Beaumont, Texas 77705 COMPANY NAME STREET ADDRESS 20257 - SIG TURE 9F BIDDER P.O. BOX Tommy Alexander Beaumont, Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Manager 409- 842 -2100 TITLE AREA CODE TELEPHONE NO. Tommy.Alexander @kniferiver.com 409 - 842 -9393 EMAIL FAX NO. Page7ofl5 BID OPENING DATE: June 26, 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 Knife River ADDRESS P.O. Box 20257 Beaumont, Texas 77720 CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY Knife River P.O. Box 20257 ADDRESS CITY /STATE /ZIP Beaumont, Texas 77720 TAX IDENTIFICATION NUMBER 74- 2656761 Page 8 of 15 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: XX 1 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. Knife River i 6 -26 -13 Firm Name Date Sales Manager :Al .L Auth a ized Sign. re Title Tommy Alexander 409 - 842 -2100 Name (please print) Telephone Tommy.Alexander @kniferiver.com Email STATE: Texas COUNTY: Jefferson Tommy Alexander SUBSCRIBED AND SWORN to before me by the above named on this the 26th day of _ June , 20 13 • �.g PGA ,, BRENDA KAY SLAGLE I Notoey Public, State of texas Notary Public My Commission Expires F' .,�''06�,.• May Ob, 2017 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. 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. N/A 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 r-... nshi. with the local :overnment officer named in this section. Tommy Alexander — 6 -26 -2013 4. 4-As, Signature of person doing busi ss with th- :overnmental entity Date 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. 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 11 of 15 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. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 12 of 15 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 13 of 15 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 l . 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 14 of 15 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 15 of 15 EXHIBIT E MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the 2 of October 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 Redwine Enterprises Inc 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 01 October 2014 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, and will be the primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid S: \ engineer\ Documents\ Contracts \Redwine- RoadBldgMatls- 13.docx 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 20 . OWNER: CITY OF PORT ARTHUR Floyd T. Johnson, City Manager Signed on the day of 20 . CONTRACTOR: REDWINE ENTERPRISES INC S: \engineer \Documents \Contracts \Redwine - RoadBldgMatls- 13.docx Attachment Road Building Materials Description Cost per Ton to Location * Vendor Stockpile Plant Worksite Primary Secondary Gr. 3 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Gr. 4 Precoated $64.00 $67.00 $64.00 T.B. N/A Aggregate Transport Blackbase $70.90 $60.00 $70.90 APAC T.B. Transport Limestone $26.50 $22.00 $26.50 Knife T.B. River Transport 610 Base $38.00 $31.75 $38.00 APAC Knife River Limestone Ty. "D" HMAC $77.00 $80.00 $77.00 T.B. APAC Transport Hotmix Cold Laid $77.00 $80.00 $77.00 T.B. APAC Ty. "D" Transport Romayor Sand No Award No Award No Award N/A N/A Cem. Stab. Sand $27.00 $22.00 $27.00 Knife T.B. River Transport 1 /2 Sack Inc. $3.00 $3.00 $3.00 Knife T.B. River Transport 1 /2 Sack Dec. $3.00 $3.00 $3.00 Knife T.B. River Transport Conc. Rubble $18.03 $17.00 $18.03 Redwine APAC Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 0 " -11/2" Transport Hearth Slag $22.50 $25.50 $22.50 T.B. N/A 1 " -3" Transport Gr. 3 Comm'I Rock $37.00 $40.00 $37.00 T.B. APAC Transport Gr. 4 Comm1 Rock $37.00 $40.00 $37.00 T.B. APAC Transport 5 /8" Limestone Agg. $37.25 $31.00 $37.25 APAC T.B. Transport *Cost shown is for primary vendor. Notes: The great travel distance along with their delivery method, makes Vulcan Construction Materials non - competitive for both delivered materials and materials to be picked -up. The sole bid received for Romayor Sand is far in excess of previous years' bids, and is non - competitive. Any purchase of this material will be based on quotes obtained at the time of purchase. S:\ engineer\ Documents \Contracts \RoadBldgMatls -Attch 13.docx DELORIS "BOBBIE" PRINCE, MAYOR ticil, /f/ FLOYD T. JOHNSON ROBERT E. BOB WILLIAMSON, MAYOR PRO TEM . ;,%% CITY MANAGER COUNCIL MEMBERS: City of x SHERRI BELLARD RAYMOND SCOTT, JR. %jf ‘\‘ CITY SECRETARY ELIZABETH "LIZ" SEGLER J MORRIS ALBRIGHT, HI VALECIA R. TIZENO ROBERT TROY p r t r t h u: r CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas' KERRY "TWIN" THOMAS ■ JUNE 6, 2013 INVITATION TO BID ROAD BUILDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 26, 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 26, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Road Building 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 Street I Port Arthur, Texas 776411 409.983.8160 1Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left -hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity /service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments /Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre- coated) ". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant - Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Texas Highway Department, Item 247, Type 'A'; Grade 1 Limestone Base. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot -mix Asphaltic Concrete Pavement -Type "D " and Item # 341 " Dense - Graded Hot -Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE "D ": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Item 334, "Hot -mix Cold Laid Asphaltic Concrete Pavement -Type "D and Item # 341 " Dense- Graded Hot -Mix Asphalt (QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT - STABILIZED SAND A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight: 1. Material removed by decantation 5.0 2. Clay lumps 0.5 3. Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0 Page 4 of 15 B. Graduation Requirements: 1. Retained on 3/8 -inch sieve 0 2. Retained on' /4 -inch sieve 0 3. Retained on 20 -mesh sieve 15 4. Retained on 100 -mesh sieve 80 5. Color test ASTM C40 (latest revision) 6. Color not darker than standard color C. Cement: ASTM C150 (latest revision), Type I- 1 Y2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. D. Water: Fresh and clean potable water. E. Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand - tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0 " -8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0 -2 20 -35 85 -100 95 -100 99 -100 Commercial Rock Grade 4 0 0 0 -2 20 -35 95 -100 99 -100 Commercial Rock 5/8" 0 3 -15 50 -70 90 -100 95 -100 97 -100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: June 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. 1/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0 " -8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0 " -11/2 " size $ /ton $ /ton $ /ton B. Hearth slag, 11/2"-3" size $ /ton $ /ton $ /ton Signature Date Page 6 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: 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 7 of 15 BID OPENING DATE: June 26, 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 ADDRES S CITY /STATE /ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY /STATE /ZIP TAX IDENTIFICATION NUMBER Page 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9of15 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. I I 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 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. 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 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 12 of 15 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 13 of 15 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 14 of 1.5 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 15 of 15 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1. OF 2 1311) FOR: Road Building Materials 1311) DUE DATE: .tune 26, 2013 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. "Type "PE" Grade 3 Precoated Aggregate . $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton. $ /ton $ /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. 'Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. ifotmix Cold Laid "Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Ronlayor Sand. $ /ton $ /ton $ /ton 8. Cement Stabilized Sand • (Base Bid) $ /ton $ /ton $ /ton 9. A. 1/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. 1/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0" -8" size mixed $/g,63 /ton $ f .00 /ton $/g03 /ton I 1 . A. Hearth slag, 0 " -1 % " size $ /ton $ /ton $ /ton B. I- Iearth slag, 11/2" - 3" size $ /ton $ /ton $ /ton � s�. ,Re. - r — / - , -2o /3 Si `gna . ure Date . Page 6 of 15 CITY OF PORT ARTHUR, TEXAS . BID SHEET PAGE2OF2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: a0 1 U a5, 5 PI) iv I- \4 - 72440 Elm r. D) ) 1) , r- r ■ C MPANY NAME STREET ADDRESS `'1 j(A r a. 0 w; SIGNATURE OF BIDDER P.O. BOX y l r 'i S k r.L 'g Q. (U i n C-. AP+ A r+A (le I 777.00 PRINT OR TYPE NAME CITY STATE ZIP Prsrdei' 1 109 722— 3 TITLE AREA CODE TELEPHONE NO. 1cri.A An•ee, e 0 i-, rr. corm q0$ .. 72 )- 971E EMAIL FAX NO. Page 7 of 15 BID OPENING DATE: June 26, 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 � s r e E r`stS l C. ADDRESS 90) ) a))(7 CITY /STATE /ZIP r r )9 SEND PURCHASE ORDER TO: COMPANY C }inc. 5141 rd- ADDRESS d 6 J / t - .. CITY /STATE /ZIP po„,-)--- td' TAX IDENTIFICATION NUMBER 76- 0,5g 738 9 Page 8 of 15 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: 7 1 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. ,-- k cpt kr 64 1 iht. eh 13-c, ...T7 c._ L A X 1. 0 . 41 `1 ) )' "" Firm Name to ThA / i 1 ;dew Authorized Signature Title , ii 0. . �- g Name (please print) Telephone T 77? 4) iNb2 CP R. COW) Email STATE: --/ x COUNTY: J vSL) SUBSCRIBED AND SWORN to before me by the above named l ( ` ILQ ■ `... nL on this the a4" +1 day of �U,n. , 20 13 . 0 2 __ ....,..N ati / . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ,a■rits, PAT N. WILSON +;'_4 Notary Public a' " " ;'a STATE OF TEXAS ��► M Comm, Exp 07116/4013 M! 1l11111. y 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 clay after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 . IAAOR I J U �l, v— - .124 # Signature of person doing business with the governmental entity Date Page 10 of 15 • AC CORD CERTIFICATE OF LIABILITY INSURANCE 626 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT N Davis NAME: SAFFE Property & Casualty A1C.No. (800) 517 -4366 Ira No): (903)342 -1312 DHA: TX Truck /Onley Insurance AQQRF55 : norms @onleyineurance.corn 7 610 Stemmons Freeway Ste. 600 INSURER(S) AFFORDING COVERAGE NAIC N Dallas TX 75247 INsURERA;Hudson Specialty Insurance INSURED *REVISED* 6/12/13 for Eqpt rani INSURERS :National Casualty Company Redwine Enterprises, Inc. dba INsuRER c :Texas Builders Ins. Co. Redwine Construction INSURERD Hartford 2114 Lee Street INSURERE: Nederland TX 77627 INSURERF: COVERAGES CERTIFICATE NUMBER Mast CERT 13/14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE ,jtISR WVD POLICY NUMBER (MM /DDIYYYY) (MM /ODTYYYY) LIMITS GENERALLIABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100,000 A CLAIMS -MADE X 1 OCCUR WSC12001582 10/21/2012 10/21/2013 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 BLANKET ADDL INSURED GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: BLANKET WAIVER OF SLIER= PRODUCTS - COMP/OP AGG S 1,000,000 — 1 POLICY n FF n LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accdent) $ 1,000,000 _ ANY AUTO cA00247350 2/10/2013 2/10/2014 BODILY INJURY (Per person) $ B ALL OWNED SCHEDULED AUTOS X AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X NON -OWNED BLANKET ADDL INSURED PROPERTY DAMAGE E AUTOS (Per accident) BLANKET WAIVER OF BUBROG $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE S _ EXCESS LIA9 CLAIMS -MADE AGGREGATE S DED 1 RETENTION Si $ C WORKERS COMPENSATION X 1 WC STATU- 1 OTH- AND EMPLOYERS' LIABILITY Y 1 N TORY I IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE ( ) N / A AliwC0721 10/15/2012 10/15/2013 E L EACH ACCIDENT S 1,000,000 OFFICER /MEMBER EXCLUDED? � (Mandatory In NH) BLANKET WAIVER OF SUBROG E.L. DISEASE • EA EMPLOYEE $ 1,000,000 11 yes. describe undo( DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D CONTRACTORS EQUIPMENT 46 MS PB4489 6/11/2013 6/11/2014 01000 OEDUCTIBLE $1, 645,150 $5000 DED ON TUB GRINDR LIMIT DESCRIPTION OF OPERATIONS 1 LOCATIONS (VEHICLES (Attach ACORD 101, Addlt(onal Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATION (4 09) 721 - 9718 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF PORT ARTHUR ACCORDANCE WITH THE POLICY PROVISIONS. City Secretary AUTHORIZED REPRESENTATIVE ' Attn: SHANNA TUBBS, PURCHASING MANG. P.O. BOX 1089 Port Arthur, TX 77641 -.T. Polk /cdavie ..../- ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD