HomeMy WebLinkAboutPR 18369: PURCHASE OF RESILIENT SEAT VALVES, FOR UTILITY OPS. MDN ENTERPRISES MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: John Comeaux, P.E. City Manager
FROM: John A. Tomplait, Assistant Director of Utility Operations
DATE: May 29, 2014
RE: Proposed Resolution No. 18369
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 18369 authorizing
the execution of a contract for the purchase of Resilient Seat Valves with MDN
Enterprises, of New Caney, Texas in the total estimated annual amount of
$126,877.98, with the option to renew for two additional years.
BACKGROUND
Most water valves are used to isolate relatively small portions of our water system in
order to minimize service disruption to larger areas during maintenance and/or
expansion. Valves are also used to isolate piping throughout our treatment plants, lift
stations, and pump stations. Nineteen (19) bid packets were sent out and two (2) bids
were received on May 14, 2014.
BUDGET/FISCAL EFFECT
This equipment will be maintained in our Warehouse inventory and charged to the
appropriate account when used; #410-1253-532.35-00 (Water System), and #410-1255-
532.33-00 (Sanitary Sewer Systems) for routine valve installation/replacement.
STAFFING/EMPLOYEE EFFECT
Existing staff will maintain these valves in our Warehouse inventory.
SUMMARY
The Utility Operations Department recommends that the City Council award the bid for
Resilient Seat Valves to MDN Enterprises, of New Caney, Texas, for a maximum total
not to exceed $126,887.98.
P.R.No. 18369
05/29/14 jt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
A CONTRACT FOR THE PURCHASE OF RESILIENT
SEAT VALVES, FOR THE UTILITY OPERATIONS
DEPARTMENT WITH MDN ENTERPRISES OF NEW
CANEY, TEXAS, IN THE AMOUNT NOT TO EXCEED
$126,887.98. FUNDS ARE AVAILABLE IN ACCOUNT
NO. 410-1253-532.35-00& 410-1255-532.33-00.
WHEREAS, the Utility Operations Department routinely uses Resilient Seat Valves to
maintain the Water and Wastewater systems throughout the City; and,
WHEREAS, the Purchasing Division has solicited bids for such resilient seat valves, as
delineated in our Purchasing Policy,and two (2)bids were received on May 14,2014; and,
WHEREAS, the bids have been evaluated by Utility Operations and Purchasing (bid
tabulation attached as Exhibit A); and,
WHEREAS, the lowest bidder is MDN Enterprises of New Caney, Texas; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to
execute on behalf of the City of Port Arthur a one year contract for the purchase of Resilient Seat
Valves between the CITY OF PORT ARTHUR and MDN Enterprises, of New Caney, Texas, for
the not to exceed contract amount of$126,877.98, with an option to renew for two (2) additional
one year periods; and,
THAT, the City can terminate this contract at its convenience with thirty (30) days
written notice; and,
THAT, funding for this material is provided for in the Utility Operations O&M budget;
and,
P.R.No. 18369
5/29/14 jt
Page 2
THAT a copy of the caption of this resolution be spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of , 2014 at
a Regular Meeting of the City Council of the City of Port Arthur,Texas, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED FOR ADMINISTRATION:
Sherri Bellard John A. Comeaux,P.E.
City Secretary City Manager
APPROVED AS TO FORM:
Valeci. Ti o John A. Tomplait
-. • ttorney Assistant Director of Utilities
APPROVED AS TO AVAILABILITY OF
FUNDS:
Alt441fd ,//tVA7
Deborah Echols
Director of Finance
#410-1253-532.35-00
#410-1255-532.33-00
l' ),A A
Shawna Tubbs,CPPB
Purchasing Manager
•
EXHIBIT "A"
it . i
/,
(lF '
or! rthrar
Purchasing Division
444 4th Street 2"d Floor
Port Arthur,Texas
(409)983-8160
Today's Date: May 21,2014
Bids were advertised on April 27, 2014 and May 4, 2014
Nineteen (19) Bids were mailed, e-mailed or downloaded.
Two (2) Bids were received.
There were zero (0) bids received from Port Arthur Vendors.
Attached is the bid tabulation & copies of the bids for:
Resilient Seat Valves for Water Utilities
Bid Opening Date: May 14, 2014
Shawna Tubbs, shave ua(a portarthur.net (409)983-8160
Purchasing Manager
Clifton Williams, CNN illiams c.portarthur.net (409) 983-8161
Senior Purchasing Assistant
Yolanda Scypion, volanda(c portarthur.net (409) 983-8177
Purchasing Assistant
Carolyn Hale, purchasing(z portarthur.net (409) 983-8160
Purchasing Secretary
DELORIS"BOBBIE"PRINCE,MAYOR JOHN.COMEAUX
ROBERT E."BOB"WILLIAMSON,MAYOR PRO TEM ACTING CITY MANAGER
COUNCIL MEMBERS: City
of ;64) SHERRI BELLARD
RAYMOND SCOTT,JR. ` CITY SECRETARY
ELIZABETH SEGLER
MORRIS ALBRIGHT III o j ( t'1 IT if VALECIA R.TIZENO
ROBERT E.WILLIAMSON CITY ATTORNEY
DERRICK FREEMAN km/A
KERRY"TWIN"THOMAS
May 22, 2014
John Tomplait
Assistant Director Utility Operations
RE: Bid— Resilient Valves
On May 14, 2014, we received two (2) bids for the above referenced bid.
The lowest and most responsive bid was submitted by MDN Enterprises in the amount of
$126,877.98 for the total cost of all Resilient Seat valves. Our evaluation of the experience and
reputation of MDN Enterprises indicates that they are capable of completing the work required.
Therefore, we recommend the award of a contract for Resilient Seat valves for Utility Operations to
MDN Enterprises in the amount of 126,877.98 for the total cost of all Resilient Seat valves.
The original bid document, copies of the bids, advertisements and bid tabulation are included for your
review.
4.(xvriffixt" )4ezitele,y) 7,64.07Adx_o_uit )
Yolanda Scypion-Goudeaux
Purchasing Assistant
Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB
P.O.Box 10891944 4th Street 1 Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291
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EXHIBIT "B"
PURCHASING CONTRACT
AGREEMENT
THIS AGREEMENT is made this the of , 2014,by and
between an individual, firm partnership or corporation, MDN Enterprises, of New Caney, Texas,
hereinafter called"Vendor", and the City of Port Arthur, a municipal corporation organized
under the laws of the State of Texas,hereinafter called the "Owner"or"City".
WITNESSETH: That for and in consideration of the payments,terms,conditions and
agreements set forth herein, Owner and Vendor agree as follows:
1. The term of this Contract shall be for one(1)year from the date that it is signed by
the City, with the option to renew for two (2) additional one-year periods. The City can terminate
this contract at its convenience which includes,but not limited to, funding not being available in
any budget cycle with ten(10) days written notice.
2. The Vendor will provide Resilient Seat Valves, as delineated and submitted in their
bid on May 14, 2014.
3. During the term of this Contract,the Vendor will furnish all of the materials and
supplies, as stated in the advertised bid specifications, described as:
Resilient Seat Valves
4. The Vendor agrees to deliver all materials on an as-needed basis during the term of
this contract, in a not-to-exceed maximum amount of$126,877.98 as shown in the Bid schedule.
5. The term"Contract Documents"means and includes the following:
(A)Agreement
(B) Invitation to Bid
(C) Specifications
(D) General Information
(E) Bid
(F) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors,administrators, successors and assigns.
IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed
by their duly authorized officials,this Agreement in two (2) copies each of which shall be
deemed an original on the date first above written.
SIGNED AND AGREED to on the day of , 2014.
WITNESS: CONTRACTOR:
MDN Enterprises
SIGNED AND AGREED to on the day of , 2014.
WITNESS: CITY OF PORT ARTHUR
City Secretary City Manager
DELORIS"BOBBIE"PRINCE,MAYOR V I : JOHN A.COMEAUX,P.E.
ROBERT E."BOB"WILLIAMSON,MAYOR PRO TEM ACTING CITY MANAGER
COUNCIL MEMBERS: City of or, ` SHERRI BELLARD
)4 CITY SECRETARY
RAYMOND SCOTT,JR.
ELIZABETH"LIZ"SEGLER
MORRIS ALBRIGHT,III rt r t r t It tt VAL TIZENO
WILLIE`RAE"LEWIS,JR. CITY ATTORNEY
DERRICK FREEMAN It 1I,
KERRY"TWIN"THOMAS
APRIL 15,2014
INVITATION TO BID
RESILIENT SEAT VALVES FOR WATER UTILITIES
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, May 14,2014. (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, May 14, 2014 in
the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: VALVES
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, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid and Technical Specifications should be directed in
writing to:
City of Port Arthur, TX
Yolanda Scypion-Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
Yolanda(c 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 'Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in
a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING
DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal
arrives at the above location by specified deadline regardless of delivery method chosen by the firm.
Faxed or electronically transmitted ITB submittals will not be accepted.
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
Page 2 of 14
INVITATION TO BID
Resilient Seat Valves for Water Utilities Department
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated
upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the
reason(s). Your assistance in completing and returning this form in an envelope marked with the
enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 14
SPECIFICATIONS FOR RESILIENT SEAT
VALVES FOR THE CITY OF PORT ARTHUR
DEPARTMENT OF WATER UTILITIES
General Information
These specifications are for the furnishing of Resilient Seat Valves for the City of Port Arthur Water
Utilities Department, delivered F.O.B., City of Port Arthur, Water Utilities Service Center, 111 H.O.
Mills Blvd., Port Arthur, Texas 77640. The City will take delivery of valves during the life of the
contract per written request stating the quantity, size, type, and expected delivery date. The supplier
shall deliver all valves no later than 3:00 p.m. during normal business days unless otherwise specified
by the City.
The term of this contract shall be for a period of one year. However, the City reserves the right
to extend the contract in its exact same terms at the original bid amount for two additional one
year periods. with both parties' consent. The City reserves the right to reject any or all bids and
waive formalities. The City reserves the right to award the bid by item or award all items to one
supplier. The City may, at any time during the life of the contract, terminate this contract/purchase
order with 30 days prior written notice.
Technical Specifications
All valves shall be constructed with a high strength cast iron body and bonnet and coated with a
corrosion resistant finish. All bolts will be of corrosion proof steel. Flange dimensions and drilling
shall comply with ANSI B16.1, class 125. Mechanical joint type valve dimensions shall comply with
the latest revision of ANSI A21.11 and AWWA C-111. Operating nuts for all valves shall be square,
two (2) inches, face-to-face unless otherwise noted. All valves shall be "open left" or open counter-
clockwise. The bid quantities specified are approximate and are used as a basis for bidding only.
These quantities were determined from past experience, and do not obligate the City to purchase these
amounts.
Resilient Seat Gate Valves
All Resilient Seat valves shall meet or exceed AWWA Standard C509, as manufactured by American
Flow Control or approved equal. Valves shall be finished, inside and outside, with an epoxy coating.
The solid bronze stem shall have two 0-ring stem seals; one above and one below the thrust collar.
The area between these seals shall be filled with lubricant to provide permanent lubrication for the
thrust collar and 0-rings.
Valve stems for all gate valves in this section shall be of the non-rising stern type (unless otherwise
noted), machined from a solid bronze rod.
Butterfly Valves
All valves in this section shall be designed, manufactured, and tested in accordance with AWWA
C504, latest revision. Valves shall be rated and tested for absolute zero leakage shut-off. Valve body
shall be ductile iron (ASTM A536 Grade 65-45-12) with flanged ends drilled per ANSI B16.1. Valve
disc shall be solid type ductile iron with resilient seat with 360° uninterrupted contact. Valve shaft
shall be per AWWA stainless steel. Bearings shall be self lubricating. Manual actuators shall be
directly mounted to the valve by the valve manufacturer. Actuator shall have field adjustable stops and
be capable of holding disc stationary in any position under full rated pressure. Stop limiting devices
must withstand 300 ft-lbs of input torque without failure.
Page 4 of 14
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 1 of 2
BID FOR: Resilient Seat Valves for Water Utilities Department
BID OPENING DATE: May 14, 2014
Item Size Type Connection Qty. Unit Price Total Price
1 4" MJ 5 $ 40 ett 9$ 11. .CZ
2 6" MJ 10 $4t7..oto $ `''1 t 142° . '.c
3 8" MJ 5 $1LJV.'11'$ 3 , 6-51 - "X.3
4 12" MJ 2 $ I . .00 $ 21i"Cb .ciC,
5 16" MJ 2 $452 .'IZ $ c ,as/ . 4
6 20" MJ 1 $C -14 j.kfli$ Q q WIG,.0`.1
7 24" MJ 1 $ 12-kg.-21- $ 12, 106.n.
Tapping Valves
8 4" Flg. xMJ 5 $.360,a) $ 1 (I-60. 0:2)
9 6" Flg. x MJ 10 $1442.,6 ' $ 0 e L .w • COO
10 8" Flg. x MJ 10 $19b:ii $ 1- 4.6n '1O
11 12" FIg. x MJ 2 $ 9 °4eb $ .'n 'x .60
Rising Stem- OS& Y
12 3" Flg. w/handwheel 5 $Z'1 .fib $ 1 i IA ,
13 4" Flg. w/handwheel 6 $3`) +'Z7 $ 1`VS .OD
14 6" Flg. w/handwheel 6 $ IQ( `b.53 $ 3t 161% I
15 8" Flg. w/handwheel 6 $g751.& $14 fill_ ,i1
16 10" FIg. w/handwheel 2 $ 15W ID $ 3p 0o .00
17 12" FIg. w/handwheel 2 $)t9Z$.L0 $ 31260,0°
Bidders Signature: -6 us2 /r/te,i
Page 5 of 14
.
CITY OF PORT ARTHUR,TEXAS
BID SHEET
Page 2 of 2
Item Size Type Connection Qty Unit Price Total Price
Rising Stem- OS& Y con't bb �
18 14" Flg. w/handwheel 2 $` •143 $ S 1 Ci(j°*g(a
19 16" Flg. w/handwheel 2 $16122 $ i Z 10''5 ..
20 18" Flg. w/handwheel 2 $W). '$ 14 A5 i
Butterfly Valves �y
21 4" Flanged 4 $� "r- $ 1 1/S)
22 6" Flanged 4 $4/1 .5q. $ I l eZ&IP. 3^L
23 8" Flanged 2 s5g2• Up $ t l t(o(p • 5-i
24 12" Flanged 2 $(16t to. 'S $ l 1 cl 3.
25 16" Flanged 1 0;1066' 24$ 1)tvLO5 •"al-
Grand Total $ 1 2 a j " .0
City will receive items in ,J - t "I calendar days.
cpe. Servit 3 I
c thcr 1'JthM C�14,r `ems V31-1 \.S. 1A,D9 Sc11.t
COMPANY NAME STREET ADDRESS
61-. L•tLc,4/1 .(,k-i . 0 , 112>ov \\ 41?
SIGNATURE OF BIDDER P.O. BOX
p eituei • Norr D s New ctrl -50 143f
PRINT OR TYPE NAME CITY STATE ZIP
V iCe (eSOStli b Srje3 7,25i - 3Sq ' 6i021
ITLE AREA CODE TELEPHONE NO
mc(n t)rr;5 G r ( n 4er,�Y S s. cer
"�EMA '4 (c)yr)An z"l ■i J .!•o m 1 35� - i to ari''
FAX NO.
Page 6 of 14
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to
any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
Printed Name:
Rt L¢ -kZ oA (<f
Title: t� O � - ,
Company:
Date: S. 1 G Z '20U4
L•
SUBSCRIBED and sworn to before me the undersigned authority by the A of, col n
behalf of said bidder. V a e )?(1) t
�
"• JENNIFER ANN FI IWERY t;otar
�� in and f
_ '"
�9� '11`� �'"a
° '` (I MY COMMISSION EXPIRES V State of Te •s
Octobers,2016
My commission expires:
1* 1 Zoltp
Page 7 of 14
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further
agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
said debts prior to execution of this agreement. 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. .
C16: kw im.,- -,p-i -s 51-2126) ,--ii
Firm Name Date
•
• ,A7Artit-2 V ,IPS-iag,f) V.- ale%
•
Authorized Signature y / Title
Ill Ci-f -C-4- it 7∎4 A/L t i' V) - �,7 cS LA -(2)1021
Name(please print) Telephone
mdfl err isQ.. meknetlea-"Ji-)°7 . ( c.yN
lmail
STATE: letz
COUNTY: 1\110:--kWJ.r
SUBSCRIBED AND SWORN to before me by the above named M }`� ne � )s
on this the 1 Z ` day of 1 , 20 1 4 .
a .0.0. .
�_'�'P's ;; JENNIFER ANN FLANERY /_�,��> tll��`
*: "` MY COMMISSION EXPIRES �� j:, �--
4„ x October 5,2016 V
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 14
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491,80`h 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 pers n who has a bu ines elatio s p with local governmental entity.
1 i ha' Err
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
7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3.Name of a local government o ricer 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 o he 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 Lill 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 office or director,or holds an ownership of 10 percent or more?
Yes No
D. Describe each employment orr buusiness relationship with the local government officer named in this section.
Lt../‘—'-'{ 5� 204
Signature of person doing business with the governmental entity Date
Page 9 of 14
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor,Bidder, and/or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the
City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall be made to the responsive, responsible bidder who submits the
best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest.
2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
Page 10 of 14
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit
any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be
rejected. It is the vendor's responsibility to check for any addendums that might have been issued
before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel) in Port Arthur, the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port
Arthur or such other definition or interpretation as is provided by state law. Contractors outside the
City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations
P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days
from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance
of work herein.
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INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license, privilege or paying money to any-one owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included
as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of the
successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
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terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount
of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
EXPERIENCE & CAPABILITY: Successful bidder may be required to submit the following
information to describe the experience and capability factors of the company:
1. Number of years in operation.
2. Largest project currently in effect with a business.
3. Number of employees currently employed, their job titles, and their job descriptions.
4. Equipment currently owned or leased by your company.
5. Be otherwise qualified and eligible to receive an award.
6. Other companies that you contracted with.
7. If a company wants to receive the award for more than one group, the company must show that it
has the equipment and employees to handle more than one group.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise
out of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable,of the following types and limits
1. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
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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.
2. Commercial Automobile Liability Insurance (Including owned, non-owned and hired
vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to
complete and make into valid certificates of insurance and pertaining to the above listed items, and
before commencing any of the work and within the time otherwise specified, Contractor shall file
completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect
except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a
provision that coverage afforded under the policies will not be altered, modified or canceled unless at
least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall
also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for
all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE
OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten
(10)days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within
such period; the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the
contractor.
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