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HomeMy WebLinkAboutPR 18619: ROAD BUILDING MATERIALS P. R. 18619 10/17/14 ow RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF NON- EXCLUSIVE CONTRACTS FOR ROAD BUILDING MATERIALS WITH MARTIN MARIETTA MATERIALS OF BEAUMONT, TEXAS, REDWINE ENTERPRISES, INC. OF PORT ARTHUR, TEXAS, LD CONSTRUCTION OF, BEAUMONT, TEXAS, VULCAN MATERIALS OF BEAUMONT, TEXAS, APAC — TEXAS OF BEAUMONT, TEXAS, AND MID COUNTY LAND COMPANY, LTD. OF NEDERLAND, TEXAS, FOR AN AMOUNT NOT-TO-EXCEED $1,500,000.00. FUNDING AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual supplying of road building materials; and, WHEREAS, seven bids were received and opened on September 24, 2014, for the above referenced materials, with one Port Arthur vendor bidding (see attached Bid Tabulation, attached as Exhibit"A"; 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. THAT, the City Manager is hereby authorized and directed to execute on behalf of the City a one (1) year non-exclusive contract between the City of Port Arthur and Martin Marietta Materials (attached as Exhibit `B"), Redwine Enterprises, Inc. (attached as Exhibit "C"), LD Construction - (attached as Exhibit"D"), Vulcan Materials—(attached as Exhibit"E"), APAC — Texas (attached as Exhibit "F"), and Mid County Land Company, Ltd. — (attached as Exhibit "G"), for road building materials based on the unit prices as shown in Exhibit "A" attached hereto. 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. P. R. 18619 10/17/14 ow THAT, funding for these materials are provided for in various departmental accounts. THAT, a copy of the caption of this Resolution be spread upon the Minutes and the City Council. READ, ADOPTED, AND APPROVED this the day of A.D. 2014 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard City Secretary APP •OVED AS TO FORM: \N.,)/VA 14149 Valecia Tizeno City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF NF John A. Comeaux, P. E. Deborah Echols, CPA Interim City Manager Director of Finance E —'SPolka, P.E. Shawna Tubbs, CPPO Director of Public Works Purchasing Manager P. R. 18619 10/17/14 aw EXHIBIT "A" C Syr 2 L` •A w N ,y O C Oo �l O\ Cn 4, W N eg O It O 0 0 CD x ong g 3d0 o ao yHo� r a7 o� H o p„ ° .-t m co co oo g cr. 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P- CO bJ Cd CO Cd o bJ CO td CO bd bd Cd CO b:7 bd CO C� H 'a: a: a: �: o ¢. 0 a: a. a: a: a: a: a, a: a: o El o 0 CC'-'4 D o 0 0 0 0 z 0 0 0 0 0 0 0 0 0 0 0 r' Cd Cd bl bJ b7 o Cd tO b7 bJ bd t'J bJ bCi bd td y ti <-v a: a: a: a: ¢ o a: a. a. a: a u: a: a. ¢: a: a. CD 0 R- 0 a. O CD co Cd 5' (IA c. CD CD CD Cr' CD N N 0_ P. R. 18619 10/17/14 aw Road Building Materials Description Cost per Ton to Location Vendor Stockpile Plant Worksite Primary Secondary Gr. 3 Precoated $83.98 No Bid $83.98 Vulcan No Bid Aggregate Gr. 4 Precoated $83.98 No Bid $83.98 Vulcan No Bid Aggregate Blackbase $76.90 $66.00 $76.90 APAC No Bid Limestone $26.45 $22.00 $28.45 Vulcan Martin 610 Base $36.00 $31.00 $36.50 Martin APAC Limestone Type "D" $78.90 $68.00 $78.90 APAC LD HMAC Construction Hotmix Cold $86.25 $80.00 $86.25 APAC LD Laid Type"D" Construction Romayor Sand $30.00 $26.00 $30.50 Martin No Bid Cem. Stab. Sand $23.00 $18.00 $23.5 Martin No Bid 1/2 Sack Inc. $2.00 $2.00 $2.00 Martin No Bid 1/2 Sack Dec. $2.00 $2.00 $2.00 Martin No Bid Conc. Rubble $17.88 $16.00 $17.88 Redwine Mid County Land Co. Hearth Slag No Bid No Bid No Bid No Bid No Bid 0 "- 11/2" Hearth Slag No Bid No Bid No Bid No Bid No Bid 1 1/2"-3" Gr. 3 Comm. $41.25 $35.00 $41.25 APAC No Bid Rock Gr. 4 Comm. $41.25 $35.00 $41.25 APAC No Bid Rock 5/8" Limestone $41.25 $35.00 $41.25 APAC No Bid Aggregate P. R. 18619 10/17/14 aw EXHIBIT "B" P. R. 18619 10/17/14 ow MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the day of , 2014, 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 Martin Marietta Materials, hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty(30) days written notice. 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) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 ow 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: MARTIN MARIETTA MATERIALS BY: Print Name: Title: .J l rPJ!2" PRINCE y1i '1N1 .)OiiN A. L V n. . DERRICK FREEMAN,MA Y OR T ER1M<_ rY:°>>iA. .�CE . C DUN CIL MEMBERS: SI LE•RR1_BELLARD,` R'r,C RA` MOND SCOTT,JR: ; - ✓ CITY SECRETARY TIE FA.N t 1-1 i'✓ii17O-N 3i c r `.r :�i.Tl'•Et O MORRIS ALBRIGHT Y '1 STEPHEN A.MOSELv' �. CITY ATTORNEY WILLIE"BAE"LE vArIS,JR. `'�� ,. ¢' ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK AUGUST ST 22, 2014 ROAD INVITATION MATERIALS BID d ROAD B�''U 1IBDING MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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,4th 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 clifton.williams@portarthurtx.gov Deadline for submission of questions is Wednesday, September 3,2014 by 5:00 p.m. Purchasin:Division Finance De.artment Purchasing Manager,Shawn bbs CPPO CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The encios.a,d INVITATION TO ETD TB) and accomPanyino GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submittinG bids for the enclosed referenced services for Me City of Port Arthur. Bids must be signed by a person haying 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 ieft-hand corner of the envelope. ALL BIDS MUST BE RECEIVED MT THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed MB 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 16 ,SPECIFICATIONS FOR ROAD BUILDING MATE L_ L, 1.. A-.7'1JS_1S'..G' E FOR S UR A'CE :d.R P,A1 MEN 3 S+ 1 PRECO La 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: Grey Rock. 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. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C, nanru' s eal;. DC free: ,)_t-organic matter and deleterious su bs annces and shall meet the following- gradation requirement. Square Sic:.,-c./ Percent Passing, By 'v ei lri 3/8" 100% Rio. 200 5 - 3QO/.. D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type 1 - 1- '/2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.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 16 WARD 1. The contract acL is for one year. 2., The City will award to multiple contractors. 3, The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. • Page 6 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 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 $ 28.00/ton $ 24.00/ton $ 28.50/ton 4. 610 Base Limestone $ 36.00/ton $ 31.00/ton $ 36.54'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 $ 30.00/ton $26.00/ton $ 30.50/ton 8. Cement Stabilized Sand (Base Bid) $ 23.00/ton $ 18.00/ton $ 23.50/ton 9. A. '/z sack incremental increase to base bid $2.00 /ton $ 2.00 /ton $ 2.00 /ton B. %z sack incremental decrease to base bid $2.00 /ton $ 2.00 /ton $2.00 /ton 10. Concrete Rubble, 0"-8"size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0"-1'/z" size $ /ton $ /ton $ /ton B.Hearth slag, l'/z"-3" size $ /ton $ /ton $ /ton /' 9/4/2014 ig atu e ._ Date Page 7 of 16 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: 2190 South Gulfway Drive,Port Arthur,TX 77640 Martin Marietta Materials 505 Orleans,Suite 200 COMPANY NAME STREET ADDRESS /�) P.O.Box 5187 • I NA ii"v ! F BIDDER P.O.BOX Bill Kelley Beaumont, TX 77701 /77726-5187 PRINT OR TYPE NAME CITY STATE ZIP Sr.Sales Representative 409-835-4933 TITLE AREA CODE TELEPHONE NO. william.kelley @martinmarietta.com 409-654-3312 EMAIL FAX NO. Page 8 of 16 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: Jason nc Title: General Manager 'Company: Martin Marietta Materials Date: 9/4/2014 SUBSCRIBED and sworn to before me the undersigned authority bycSPpt- the Q of, 2.4/Lion behalf of said bidder. 146:16614....) 11' ` "�'% '"'i"!' Notary Public in and for the ,,. RUTH i„�.et.�� it hi^tary Pubis. Stag=of Texas My Commission Expires 1 State of Texas i rrszci�-,::-:,w w....:.:s:n .'�s":v•. :i::..:a.F:::.:e?vry. i.,.i.0 J My commission expires: !!//��-5-15 • Page 9 of 16 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: X 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. Martin Marietta Materials 9/4/2014 Firm Na Date C L General Manager Autho zed gnature Title Jason Lynch 409-284-8724 Name(please print) Telephone jason.lynch@martinmarietta.com Email STATE: t 0-0 S COUNTY S SUBSCRIBED AND SWORN to before me by the above named Qgtsy■ L_ ")C on this the 01 +h day of t.ppL, { , 20 1 P I • , ��..;.i•ac==u�cs=awessrr�a.,.n:::m-'.;^_r,.as=a,•:,cMe.-r,..r.a:>: g''-,. :;;;',',;,/-__ - Notary Pubiic,slat€:of Texas E�:' Notary 'ublic l'; '. "r My Con-In iis:ion e=xpires I., t; :.%:,,;,:';: ' FEaLyva,ryr 5.E, 20I5 14 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 Not applicable 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. 1491,80th 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 questio nnaire 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 7th 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 11 of 16 GENERAL +NF ORNI2=CflON' NOTE.; It is extre-rnely important that the Vendor, Bidder, and/or o, C'ontrartor furnish the City of Port Arthur the required information specified in Bid or Proposal Sp e?f;a.tioos listed in this Bid Package_ All bids meeting intent of this request for bid 3,vill be considered for award. BIDDERS KI_-aiC 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 iii 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 12 of 16 • ADPENDA; Any interpretations, erections or ,.::nans to the FIB and Specifications will be made by addenda. Sole issuimz ',authority of addenda shall be vested in.the City of:Port Arthur Purc"nasing lvianager. e City assumes no responsibility for the, C S failtare to obtir. and/or properly cubrnit any addendatm. 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 13 of 16 INCORPORATION OF PROVISIONS RE t.-TARED BY LA : Fao h.provision and c1sus ts,,Niit(td by te, / 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 othenvise, any such provision is not inserteci OT 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 14 of 16 • 7 NTR m - with an Sub-contractor Or permit an y JL��°��i � 3�; iin�. ��.d��!L�:.::>Ji shall �+li 4 �,r an �:� ,..�7''''.rit � sub-contractor to perform any work included in this • o i . ;c} until he a �ufe. ti.j ti-j + 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 15 of 16 NOTICE TO PROCEED Notice to Proceej 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 16 of 16 z c: . _ OF PORT _ART HL R, `1.,:F: : ,S r : , .-, ADDENDUM NO, ONE (1) vilta;ii :n:„.:: ix/ September 5,2014 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 24, 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. o,1. Wednesday, September 24, 2014in the City Council Chambers, City Hall, 5th 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 Ai DENDA MUST BE SIGNED AND SU:TWITTED WITH YOUR BID DOCUMENTS. (-4/�.A ' �l / 'i` '. ;fit/" Shawna Tubbs, CPPO, PPB Purchasing Manager Signature of Proposer Date P. R. 18619 10/17/14 aw EXHIBIT "C" P. R. 18619 10/17/14 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the day of , 2014, 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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty(30) days written notice. 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) General Information ,_;i( 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 ow 8. IN WITNESS WHEREOF,the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: REDWINE ENTERPRISES BY: Print Name: Title: ny+tt y .�i.�Hisl A COI 'E:+Ii''�, D L�ORIS .BOB13IE" Pi 'iC /I - INTERIM DERRICK FREEMAN 'iA OR PP,C - l E RI CITY MANAGER SI{E:r2r�IPoEt.L:�P.;3 `I'R;^rC COUNCIL MEMBERS: ffi CITY SECRETARY RA'd I ON L SCOTT—)R, (4;097) fig: ;;,°- TIE FAN', 'rI_'\ 411LTOi�'i 3?3"i t..?.;', it i' VAL Ti Ei�(O MORRIS ALBRIGHT ✓"" CIT CITY ATTORNEY IZ STEPHEN A.NIO.SELY 1 `; 1VILLIE"BAT"LEWIS,IS,JR. '1*L -_` ROBERT E. WILLIAMSON KAPRINA RICHARDSON FRANK AUGUST 22, 2014 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, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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,4th 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 clifton williams@portarthurtx.gov Deadline for submission of questions is Wednesday,September 3,2014 by 5:00 p.m. Purchasin• Division Finance De•artment Purchasing Manager Shawna Tubbs CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATInN TO BID (ITB) and accompan y g GENERAT STIR CT IONS, C ONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed rrenced ServiCCS 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. ,• 7 7 Shawna Tubbs,CPPO, CPPB Purchasing Manager Page 2 of 16 SPECIFICATIONS NS FOR ROAD BUILDING MATERIALS 1. AGGREGKFE FOR SURFNCE ECOATEM Materials _1all. 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: Grey Rock. 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.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C, Sand shall be it _ �.. ?l Jr , . and e_e ttii1 L m J tiij%ances and shall meet the following- gradation ii e.t`�'_ � s wlr�'�„_ er 1t. Square Sieve Size Percent Pa sin By Weight 3/8" 100% No. ?On 5 - :30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland 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. F. Water: Fresh and clean potable water. G.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 99-100 Grade 3 0 0-2 20-35 85-100 95-100 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 16 AWARD I1, The contract is for one year. 2, The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 6 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 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. '/2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. '/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 0o 10. Concrete Rubble, 0"-8" size mixed $/9 88/ton $ / . /ton $17.88ton 11. A. Hearth slag, 0"-l'/2 " size $ /ton $ /ton $ /ton B. Hearth slag, 11/2"-3" size $ /ton $ /ton $ /ton 4 Or . kJ Signature Date Page 7 of 16 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: :10 gL13 Lisfl 4� pr c=- Po COMPANY NAME STREET ADDRESS �. -[4.--;;0/1‹. /16901 SIGNATURE OF BIDDER P.O. BOX 4; ha geJwCrie, ()Or* -VC YO PRINT OR TYPE NAME CITY STATE ZIP Tre ,s; Mir LO q • 722- Y373 TITLE AREA CODE TELEPHONE NO. rr V . L10(1 —"721-9-7/ r. EMAIL FAX NO. Page 8 of 16 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: ; Title: (-- 1 °rQ CAS Company: �Ct1ac�a +'� En r p o s` -ht ., Date: 63112q/Jcil --rft7``? 9 f ittibMirt' SUBSCRIBED and sworn to before me the undersigned authority by atAJJiikithe Ilf)‘ a f, on behalf of said bidder. F'viSe3 NHL/ , otary Public in and for th V'°� HEATHER GUIDRY State of Texas '*: MY COMMISSION EXPIRES ` ��,,,, � ";;FO„w” December 16,2017 My commission expiresiA ' 'c Page 9 of 16 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 y 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. , , ! I a ' a ' ,A_. 1 'S .r _. Firm Name Date . (,7 &. 9 bid c_ i t v ?no ,.c I d `rr Authorized Signature Title \( OR I3 Name (please print) Telephone 4 ) , Email �. STATE: I V.1 COUNTY:lie U1 SUBSCRIBED AND SWORN to before me by the above named-11'6N} gut iV\. ,�y r� � , 20 lr on this the Ali day of,t' i 1 <k T'r'; ;• H E A T H E R G U I IDRY 1 I vVj+ i` !'I ��Vkv r '= MY COMMISSION EXPIRES rotary Public :t F;, December 16,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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. 1491,80th 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 7th 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. MAO At q/24//rho Signature of person doing business with the governmental entity Date Page 11 of 16 GENERAL IN ORi1lAi1O1'`=I: 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 Spec:if- atio,ns iiste.d in.this Bid Package, 1A ll 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 iii 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 12 of 16 ADDENDA; Any in t sr p.:t at:a ns, corrections Of changes J to the ITB and Specifications ions w lll be made by p addenda. S� :ssll 1n at f ( r t; i d'1G t c:�i s c be the ltl of Port Arthi: -Purchasing Manager. The City 'r_'�,ss1_iiY?,S no responsibility i for bidder's -ai.lu1e to obtain and/or .property s�.bmi-t and addendum. Failure � Tess v_l„ �.,, the � ..y i 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 13 of 16 • fiNCORID ORXTT ON OF PRO VISIONSLREQUIRED BY LAW: T2z,lch provision and clause required by lss 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 (.q. 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 F 11,1 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 14 of 16 r 7 re with ant% sub-contractor or permit any �1J13--�Ci�'F�.�C'T;�, The Contractor shall ,_�� -.x��:tttt3 ?�. =�� ,,�sren� sub-contractor t_ l recei ed from the City of Port 3?1.. (� perform any work included in this Contract until Cay ha3 written aJpy vcl of such agreement. INSURANCE: All insurance e.. e conduct business in the State of Texas, .tl ir'. urance rr�t�S'f be written by an insurer licensed to unless otherwise permitted by Owner. The Contract shall, at his ow 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 least fifteen provision) days coverage afforded under the policies will not be altered, modified or an 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 15 of 16 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there he 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 16 of 16 CITY OF PORT ARTHUR,TEXAS .ur1 rrlrur - ADDENDUM NO. ONE (1) September 5,2014 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 24, 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, September 24, 2014in the City Council Chambers, City Hall, 5th 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. (J4 L,�2J l ` Shawna Tubbs, CPPOt, tPPB Purchasing Manager 0 '7 A VAC:: q/2 /1 / Signature of Proposer Date • P. R. 18619 10/17/14 aw EXHIBIT "D" P. R. 18619 10/17/14 ow MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2014, 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 LD Construction, hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty(30) days written notice. 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) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 aw 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: LD CONSTRUCTION BY: Print Name: Title: DEL IS BL'UE' PRINCE,CE '1-\'t EERRIu;< FR' Er'ri.3;v,)11\")R D:4 ;1 - I I`I'ERiI I CITY MANAGER COUNCIL NIELBEi: SHERRI BELLARD,TRMC � CITY SECRETARY TIFF A 1,.HAMILTON :iL T1�E. iL) biORRIS ALL RIGHT f 3T CITY ATTORNEY STEPHEN A.MOSELY +: r WILLIE"BAE'LE,viIS,,IR, ROBERT E. '✓ILLIAMSON JAPRINA RICHARDSON FRANK AUGUST 22, 2014 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, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writin. to: City of Port Arthur,TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur,TX 77641 clifton.williams • .ortarthurtx.•ov Deadline for submission of questions is Wednesday,September 3,2014 by 5:00 p.m. Purchasin• Division Finance De.artment Purchasin Manager Shawna Tubbs CPPO CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 776411 409.983.8160 'Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and qccompanyinu, GENERAL INSTRUCTIONS, COT.\IDITIONS SEECIFICr-kTIONS, are for OUT convenience in submittin:i bids for the enclosed referericed SerliCTS for ti-ie 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 cooler 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 16 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: giug`&�� Person Completing Form: Telephone: igtl L1#-Ze X10- alt-71_.6 7 Mailing Address: Email: /4 450,dh a/v 1) d 14,t1 dod.1a4 e ao/-ein City,State, Zip Code: Date: /yP71-97 71L 7 7 7 So& 0241 Page 3 of 16 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1, AGGREGATE FOR SURFACE TREATMENTS ,FRECOATED): 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: Grey Rock. 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. Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C Sand shall txt organic L e and deleterious ..sgibstances and shall meet the following '1:aclaiiol requirement. Square 'Percent Passing„ By Wei`1,- 3/8" 100% No. 200 5 _ 30% D, Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type 1.- 1- V2 sack; or, will be considered base bid. '/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.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 16 A Y ARD 1. The contract is for one year. 2. The City will award to multiple contractors, 3, The City will contact the lowest awarded contractor firs?. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 6 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 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 00 e 6G Concrete PVT $'l /ton $VI /ton 0/ /ton 6. Hotmix Cold Laid Type"D" b es Asphaltic Concrete Pavement $ O-/ /ton $ '/ /ton $ .91 /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. '/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, 1'/2"-3" size $ /ton $ /ton $ /ton C7--1:::)-71-----4----------Signatu Date Page 7 of 16 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: i'i 0 AO yL/h ad- ,( aLL-0aw > 1X- 7 7 7 3 _.0 1r !ZlGbZ?V) /91 �liuib J�acL- COMPA Y NAME STREET ADDRESS GN• 404 ' OF BIDDER P70--BOX / - J 7) 6-aumvni 13- 77 7D 7 PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO. )ds ci66,)l at/ eo FAX�7//O ��clo 4/L/4/ 7 EMAIL Page 8 of 16 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: d1 Title: Nat,afi Company: j aiva utdm Date: G.t,_a22/ 24/L1 ,7xy i40 SUBSCRIBED and sworn to before me the undersigned authority by&dam the Nam,/ o dni€! f behalf of said bidder. 4'-2,'c '`-'Vollo i hi& ........ Notary 'ubli • in and for the :.W p(19 State of -xas : \�,., .• My commission expires: 5/2-�/wa �. oFaS •:' 20f I11161Nv�\\\\ Page 9 of 16 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' 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. ei)77,5h7-16-17en 40.6/702.0t4bi, ze Firm Nam Date 28/q Authorized ignature Title 6406 11/04 eZZ - 7)6 -7 Name (please print) Telephone /772,Cied,:07///k) a-41 eeP Email STATE: i/1 COUNTY: dr u, O /I SUBSCRIBED AND SWORN to before me by the above named 'FA.C/ ad,-, \\\\`\\\GK'•LY����4�/// day of��p / - , 20L_ �� on this the ��� y � . tki Notary Public �s,; P� i ..g2(PiFtE`: RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 'ON 11 ������\`\ Page 10 of 16 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 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. '' {I (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 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 /1 No D. Describe -ach employment or business relationship with the local government officer named in this section. 4. 1,4%.lJ%�tll—c le��y Signature o•:eson doing business with the governmental entity a Page 11 of 16 1 l.Fi� 'ii INFORMATION NOTE It is °_xtrenneIy important that the trend-or, Bidder, and/or Contractor furnish the arsj of Port Arthur the required information specified in Bid cr Proposal SpePif rations 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, SH ALL 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 iri 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 12 of 16 ADDENDA; Any interpretations, corrections Of : .cfig.7 ITB and Specifications will be made by addenda, Sl le issuing authority�r1y a:1:. Zi. a shall h e ie5t e i in: City i#Fort Arth r Purchasing Ma ager . The City assumes no responsibility iDTC the bidder's failure to oC tl' pPJpeTti submit any o i e dt-m. 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 Prrthur, 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 13 of 16 INCORPORATION OFFROVTSIOEQU1RE.D BY LA T2,,ach provision and clause required by iai to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced a though ca .were incitxled herein. if, thrnugh mistake or otherwise, ary such provision is not inserted or is • not correctly inserted the Contract shall he 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 perfot la 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 FO mi; 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 14 of 16 $T B_COi (TR C�i`�; Conmictiq. shnli not execute an agreement with any sub-contractor or permit any Jtb- o h ra:yir to perform any work included i. lS i_` Contract u:t:l rJ\ 11E1.3 recs i_V eL u I!I the City of Port Arthur , ritLen appro>>at of such agreement. t. 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 i. 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 $1 00,000 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 15 of 16 1\0717C TO PROCEED: Notice to Proceed shall be issued vvithiii ten (10) days of the execution ofthe Contract by OWNPR. 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 16 of 16 , CITY OF PORT ARTHUR,TEXAS ADDENDUM NO,ONE (1) September 5,2014 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 24, 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, September 24, 2014in the City Council Chambers, City Hall, 5th 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. / Shawna Tubbs,CPPO, PPB Purchasing Manager Signature ,SP°poser Date P. R. 18619 10/17/14 aw EXHIBIT "E" P. R. 18619 10/17/14 ow MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2014, 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 Vulcan Materials , hereinafter called"CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty (30) days written notice. 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) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 ow 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: VULCAN MATERIALS BY: Print Name: Title: ,R .DBC 2 r-.r',, > ,.gL11$7t+>rg. .��J i"ai{ A. co M C.tfx, �1�!�'J f1vv �Ji.J L.JiL 1`i\i���.��.n 51=0., '� - S/ rc Ru1C ; FREEMAN, YJR 11E R1' C7Ty MANAGER COUNCIL MEMBERS; ii", S;-1ER.?I BELLARD„TRMC a'1OND SCOTT,.JR. ,...�� -CITY SECRETAR TIFFANY t r1AMrM1Li'C + _r .I 3 t ' tea✓ :. r . v.�L TiZENO MORRIS ALB RIGHT CITY A'TTOI RN STEPHEN A.MOSELY fl WILLIE .'BAE„LEWIS,JR, ROBERT E.WILLIAMSO1 i KAPRINA RICHARDSONd FRANK AUGUST 22, 2014 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, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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, 4th 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 clifton.williams@portarthurtx.gov Deadline for submission of questions is Wednesday, September 3,2014 by 5:00 p.m. 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 OFNERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, al-F.': for your convenience in submittini bids for thie 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 CEP/ED 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. • / 7 Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 16 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? w 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: U V\CAv, ss Person Completing Form: Telephone: rc,Y, 3'15c..\(\.-ev' C� -1' t t ZC Mont. Address: Email: \3'\( ir& S � 15 LVze vync , I . W- City, State, Zip Code: Date: tr gia3ity' Page 3 of 16 SPECIFICATIONS FOR ROAD BUILDING !''1M_ f RIAL. 1, AGQREGATE FOR SURFACE TREATMENILIPREC A111D Materials shall comely 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: Grey Rock. 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.Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four (4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C. Sand shall be free ')1 _.g7lti_ matter and 'ete i1J. y substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8„ 100% No.200 5 - 30% D. Water shall he clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland 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. E. Water: Fresh and clean potable water. G.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 RE IUCED 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, O"-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 16 A W ARD t The contract is for one year. 2, The City will award to multiple contractors. 3, The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. Page 6 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated oi$ `i$ Aggregate $ /ton $Ni /ton $�,) /ton B. Type"PE"Grade 4 Precoated L` cli Aggregate $ ' /ton $'lO /ton $13 /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $' s. /ton $21 /ton $ fl /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. '/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, 11/2"-3" size $ /ton $ /ton $ /ton Signature Date Page 7 of 16 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: CtiA MA-66A Y041( 13cIck (loan 11 Si- COMPANY NAME STREET ADDRESS Z-Zr STeNATURE OF BIDDER P.O. BOX �Y a;,�. 1... i�c{t�✓ lixtultifs.A TA 'rr i X21 PRINT OR TYPE NAME CITY STATE ZIP Sakes voe L - -Ill ,. zclu, TITLE AREA CODE TELEPHONE NO. 6 Sc-�lerb ao V . c.0 w4 LIOC1 r 212- ci31�-1- EMAIL FAX NO. Page 8 of 16 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: I ZZ/ 411#Printed Name: --) ;lie cnv, L. cis cL-t.r Title: xlo, .-`e Company: NI Accw. akkle;r;c&tS Date: 11D-3 { I'$ SUBSCRIBED and sworn to before me the und: g =• authority b 3 the 1 of, `ap_4"- on behalf of said bidder. (1_Z 3 ,mil `t ------------, i /,,,,,,_,,,, , _, -,_ - �,.'.B ETrE LEMKE .iV/�: . `S .,• ary Pu.ic in and for the NOTARY PUBLIC' STATE OF TEXAS State of Texas Fs� MY COMM,....,.,._..... .. My commission expires: i Z`4 13 Page 9 of 16 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. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to 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. d\<Oon \1a 4;4lJs 1 tai 10°i Firm Name Date 4Aut orized Signature Title (Oiret" L. ' ,e,CQ.- 4,f©or-n i -q2'' Name(please print) Telephone A-1 sC11..e tr 6 ') V*'u to ti cow Email STATE: --C-V COUNTY: e• SUBSCRIBED AND SWORN to before me by the above named —P ti 1O k L• Ft 5C-luA____ on this the 23 day of ,21 Of . i . 1ppl PUgt`, BETTE LEMKE �, �Ll „� 1 `�t ', NOTARY PUBLIC Notary Public N� i' ' ,P-. STATE OF TEXAS .5/ MY GOMM:EXI1 0/24/17 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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 N.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 71h 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. Vg ear~. .ktiit1s . 2. eck 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 officer with whom filer has employment or business relationship. t.A., 0S- C ‘t .sr 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 Y f No D. Describe each employment or business relationship with the local government officer named in this section. i.„.../ 4. '''',-A., t ,-.4,-- ' 3//K . Si nature of person doing business with the governmental entity Date Page 11 of 16 GENERAL teR i ON NOTE: It is e_ttremel7 important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Special cations listed in thin Bid Pack fig ,, 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 12 of 16 ADDENDA Any interpretations, COrr- Cti01113 ci Chaf:j:its to d.";.,t ITT-2, and Specifications will be made by addenda, Sole issuing authority of addenda sk,all be vested in the City cif_Port Arthtir Purchasing Manager. The City assumes no res-ponsibilnrcy for the bidder's failure to -obtain anc-tior properly slihmit any addendum_ Failu-re 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 addendum 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 13 of 16 INCORPORATION OF PRQyS1Q. LJRED B LA-AN Facia provision. and clause required by law to be inserted into the,Contract shall be deemed to be .ena.c.:ted herein and the Contract shall be real o:nd enforced as thong 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 FO It: 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 14 of 16 SUB-CONTRACTS: The C.oniE. actor shall +.ut 2t.'2.cUCe ai._ a r. merit With u h c ont actor or permit any sub-con-tractor perfo:r s any work _ clid,3c1 in this Contract until he h J from the City O Port written approval of such agreemmt. N U I C All insurance must be ,,A;ritten b'y' an .insurer lice sed 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 15 of 16 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the, -e. ecutien 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 t.0 contact the contractor. • Page 16 of 16 • CITY OF PORT ARTHUR,TEXAS ;i9 !Y'tISd :-:LL•. ADDENDUM NO. ONE (1) Ct September 5,2014 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 24, 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, September 24, 2014in the City Council Chambers, City Hall, 5th 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. Shawna Tubbs, CPPO, CPPB Purchasing Manager /Z,77 Si nature of Proposer Date P. R. 18619 10/17/14 aw EXHIBIT "F" P. R. 18619 10/17/14 aw MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2014, 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 term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty(30) days written notice. 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) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 ow 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: APAC - TEXAS BY: Print Name: Title: EL r',.pic 1•,3311•4 'a r 11 ,Aty6 i. dl.,)--IN COMEALA,P.tn'.. DERRICK FREEMAN,`r .`_iC7R PR i 3 i I I'E1R:N G'T$ :MANAGER COUNCIL NIE2Y1BERS. S?1*.RR.1.OLLLr11' D,T RA1vIOND SCOTT, JR. Tr CITY SECRETARV TIFF n" HAMILTON �,' t .''i t t 7'I e�?:TIZEt�iO MORRIS ALI�RICHT CITY ATTORNEY STEPHEN A, OSELY 7 WILLIE"BAE"LEWIS,JR, ROBERT E. WILLIAMSON K APRINA RIC'I-IARDS'ON FRANK AUGUST 22,2014 7�,� y�g+ ;�7 BID ROAD BUILDING MATERIALS B�.ID (, ROAD BLLJILD'I1'rG MATERIALS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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,4th 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 clifton.williams • .ortarthurtx._ov Deadline for submission of questions is Wednesday, September 3,2014 by 5:00 p.m. Purchasin• Division Finance De.artment 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 JIB) and accoimoanying OgNERAL f_NSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for y 0 Uri convenience, in 3 ubrnittin9-3 bids for tl-ie encick4ed referenced services Uri t Arthur. Bids must be signed by a person havinfz, 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 16 SPECIFIC All Oi S •F R ROAD Thin DING 'MATERIALS ERI r L 1. AGGREGATE FOR SURFACE TREATMENTS (FRECOA E ): 'Materials small 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 11A1'to dust, No Clay Binder,Texas Highway Department,Item 247, Type "A ", grade 1. 4. 610 BASE LIMESTONE: Grey Rock. 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 S. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C, Sand shall �. r_ati r and deleterious :>ibs ante and ,,:l_ meet tre following, gradation requ r n Square Sive, Size Percent Phasing By i;1%eie,t 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland 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. F. Water: Fresh and clean potable water. G.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 16 ARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3, The City will contact the lowest awarded contractor first. It the contractor is unable to supply the materials in a timely manlier, the City will contact the next lowest awarded contractor. • Page 6 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 ITEM# DESCRIPTION STOCKPILE, PLANT WORKSITE 1. A.Type"PE" Grade 3 Precoated Aggregate $Allb /ton $M/6 /ton $46 /ton B. Type"PE" Grade 4 Precoated Aggregate $ gib /ton $ Aibb /ton $ lips /ton 0 2. Blackbase $i' • /ton $(j( /ton $76 °/ton 3. Limestone $14/b /ton $ NI S /ton $ Nib /ton 4. 610 Base Limestone �8" $138 /ton $3Z '/ton $38. "/ton 5. Type "D"Hotmix Asphaltic „, qt)... qo Concrete PVT $78• /ton $1gb'/ton $1 . /ton 6. Hotmix Cold Laid Type"D” Z$ LS Asphaltic Concrete Pavement Mt:-*/ton $ $D /ton $ 84'• /ton 7. Romayor Sand $ 46 /ton $Sib /ton $N` • /ton 8. Cement Stabilized Sand (Base Bid) $415 /ton *10 /ton $Alp /ton 9. A. 1/2 sack incremental increase to base bid $Mk, /ton $f4)t /ton $N /ton B. '/2 sack incremental decrease to base bid $tab /ton $rt!P, /ton $ /ton rS 49, 7r 10. Concrete Rubble, 0"-8" size mixed $21.•. /ton $ iCc /ton $ZZ• /ton 11. A. Hearth slag,0"-1'h" size $4 /ton $ b /ton $141P /ton B.Hearth slag, 11/2"-3" size $ Alb /ton $Alt) /ton $/4(! /ton 7er--e---e---14, 1 9 / b Signature Date Page 7 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORK SITE C itoGK /2" ZS' 12. Grade 3 Commercial Rock $ "_/ton $35-4/ton $4i /ton A- 3't" A 1 a z5*13. Grade 4 Commercial Rock $ ''/ton $3� /ton $ 77 "1ton 14. 5/8"Limestone Aggregate $4i icton $ ''/ton $4 ZS' Location of stockpile, plant or shipping point: 46620 fdA ) o.17" 7 141 eit-C--- e / X g&O eAle... 5--r; CO PANY NAME STREET ADDRESS :.':---- __......._ I • 0, y� 2o 77�"! SI ATURE OF BIDDER P.O.BOX ilegare-C-4-A. et:7-4,66n4.e-- i%.,,k4A.A40,„47- I>Ci 7-71Z-0 PRINT OR TYPE NAME CITY STATE ZIP 44 4 Ate.. -t..e.i3 44 40/ Z844 £moo TITLE AREA CODE TELEPHONE NO. r►1 Yee.fie die.Cry eip c.... 40 9 844, 5-s�o EMAIL FAX NO. Page 8of16 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: W,r- ed,,e. //2---'Z---- Printed Name: X'4 .e-.e....6. / rot. Title: AntiftRye. - 1-4.5 A2s *--,•--. Company: it-PA-C- _--r-x. Date: 9/2)6 PO' / /QE6g-e-eA 0A! SUBSCRIBED and sworn to before me the undersigned authority bygthe Z` of, i on behalf of said bidder. n C Notary Public in and for the State of Texas My commission expires: A 4 - 614 E$1 ;,,e MELISSA MCKAGUE , 4 `'l Notary Public,State of Texas :H. /. .:4.,,s My Commission Expires �'%,:rs June 14, 2016 Page 9 of 16 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. Pte_- -Tx 0 Firm Name ' / Date A 4 M Au orized Signature Title t74- --1t 1 1 t.. e.- 409 ZS zlvo� Name(please print) Telephone h r 14.1-1 ed je..- _ a� - °N Email STATE: -rx COUNTY:j61%.41-664 SUBSCRIBED AND SWORN to before me by the above named t8E�-r�si. If Tte.-40 on this the Z`lFw' day of NIttior. ,20 i`f j()(22—L -A)--WCTL-- Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL moo` :' .... MELISSA MCKAGUE :: :mo Notary Public,State of Texas ;•. My Commission Expires ;;�;; . June 14, 2016 �j OF Page 10 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ I 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 person who has a business relationship with ocal 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 7th 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. A1D 4i..- 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. DescAll, em•to ment or busi nshi Are local _overnment officer named in this section. 4. 1 -IL g//2 4//,Z Signature of person doing business with the governmental entity Date Page 11 of 16 E T L .i TI ON NOTE: It is ,extromely important that the 'Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified d in Bid or Proposal Specil cut:ions listed in this Bid Package, All bids meeting the int nt of this request for bid -will be considered for awara. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF TIE 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 ins 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 12 of 16 ADDENDA: Any interp-re-tatians: COT-relAiOrtS Or C,110.11Pc2,73 to the ITB and Sbecifieations will be made by addenda. Sole. issuing authority of addenda shall be vested in the City of Part Arthur Parchasing Manager. The City assumes no responsibiity the bidder' failure to obtAn Pcnd/or properly suhmit CJ 1i ure 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 13 of 16 INCORPORATION OF PROVISIONS REf LURED BYLAd Tiach 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 thaild each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not co_ ectly 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 F 1,!. 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 14 of 16 ,SUB-CONTRACTS; The C:3.lraciOt Shall not °x°cs to an are,er;rt with art,/ sub-contractor or permit any Tab-contractor to perform .%; work incl: %i in i=i. Contract until i; no,3 reCelli'el:IfT0111 the City of Port Arthur titter approval of such agreement. e_m. TNSURANC? Al insurance must be written by an insurer licensed to conduct business Texas, otherwise All r' r�}r�] �^ �.1 at /��y� /� ��y coy-y�i�.l�,y �by�" es�; ir��the `o#: p unless o3.he1wise permitted by !VL''.�ner. the Contract shall, aL his ov,rn expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result horn 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 15 of 16 NOTICE TO PROCEED', Notice to Proceed shall be issued within ten (10) days of the xeeutiOO of the Contract by OWNER. Should there be any r-asons v:/hy Notice to Proceed cannot be issued Othin such period, die time may be extended by mutual agreement between OWNER and CONTRACTOR, CELL PRONE 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 16 of 16 CITY OF PORT ARTHUR,TEXAS C."rts F ADDENDUM NO.ONE (1) September 5,2014 Bid.Proposal For: Road Building Materials The following clarifications, amendments, deletions, additions, revision andlo.r 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: DEADLINE: Seal-• = •• eceived and time stamped 3:00 p.m., Central Standard Ti Wednesday, September 24, 2014. The clock located in the City Secretary s office will be the officia time. All bids received will be read aloud at 3:15 p.m. on Wednesday, September 24, 2014in the City Council Chambers, City Hall, 5th 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. • Shawna Tubbs, CPPO, "PPB Purchasing Manager _ 3///— Si_ attire of Proposer Date P. R. 18619 10/17/14 aw EXHIBIT "G" P. R. 18619 10/17/14 ow MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2014, 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 Mid County Land Company,Ltd. , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty (30) days written notice. 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) General Information 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18619 10/17/14 aw 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two copies, each of which shall be deemed an original of the date first written above. Signed on the day of , 2014. OWNER: CITY OF PORT ARTHUR BY: John A. Comeaux, P. E. Interim City Manager Signed on the day of , 2014. CONTRACTOR: MID COUNTY LAND COMPANY, LTD. BY: Print Name: Title: DLLOSiS BOBBIE" PRT•if= NI.=1V t9rs'rr .101-I°-( A. CGL�IE ,LX,P.E. s L EM �,, ,_ INTERIM CIT'i MANAGER DERRICK �Rv� �:��,ti, rl:�'.t`JR.P:�.{:. ,,_ � � r g COLNCIL MEMBERS r!), SHERRI B ELLARD,TRNIC RA '/1OND SCOTT,,JR. CITY SECRETARY TIFFANY IIA_ALTO t; P vii TI2Ei�ifl MORRIS ALBRIGHT ,�°:"e STEPHEN A,MOSELY i;.:,,. . CITY ATTORNEY YILLIE"BAE"LEWIS, R. J ROBERT E. WILLIAMSON i KAPRINA RICH1ARDSON FRANK AUGUST 22,2014 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, September 10, 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, September 10, 2014in the City Council Chambers, City Hall, 5th 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, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writini to: City of Port Arthur,TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur,TX 77641 cifton.williams@portarthurtx.gov Deadline for submission of questions is Wednesday, September 3,2014 by 5:00 p.m. PurchasinI Division Finance De.artment Purchasint Manager Shawna Tubbs CPPO CPPB P.O.Box 1089 444 4th Street Port Arthur,Texas 77641 1 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID M and accompanying GENERAL I TSTRUCTI ONS, CONDITIONS SPECIFICATIONS, are f L r yol. convenience in 3 b:m ita L bids 1-01 the enclosed referenced services _ 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. • j / _:: Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 16 ,SPECIFICATIONS FOR ROAD BUILDING a tlA-ERIALti _l. AGGREGATE FOR SURFACE TREATMENTS ITS .1PRECO.ATED) Materials shah comply with the Texas Highway Department 2004 Standard Specification,-, for Road and Bridge Construction, Item 302 "Aggregate/or Sur face 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: Grey Rock. 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.Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces,when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. Page 4 of 16 C. shall and - and shall meet the following gradation +1.-" vu.ii!,.i. S1�1i_s. '�;; _���,, -.,__ Vi�`.�':.i�si',. _i ,.iti�;�� �ln+^_,. Li^.:!r`1.a��1(1�.IS L?.ifj�%�i rid.ti.J -- requirement. Spare Sieve S Percent P a ing By Wel hi; 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM 0150 (latest revision), Type 1 - 1- 1 sack; or,will be considered base bid. 1/2 sack increments increase shall also be bid. E. Water: Fresh and clean potable water. G.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 16 AWARD 1, The contract is for one year. 2, The City will award to multiple contractors, 3, The City will contact the lowest awarded contractor first, If the contractor is unable to supply the materials in a timely manner,the City will contact the next lowest awarded contractor. • • Page 6 of 16 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: September 10, 2014 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 _ r (Base Bid) $ /ton $ . /ton $ /ton 9. A. '/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 $)D' /ton $ 1 Y:-/ton $ ii - ton 11. A.Hearth slag, 0"-1'/z"size $ --" /ton $—" /ton $ /ton B. Hearth slag, 11/2"-3" size $ — /ton $ —" /ton $ — /ton #71 3 i`l Signature Date Page 7 of 16 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: q 00 (I/MAI Cif( t � i �Y4 hYtiWri t)(. 11(A0 i\Ni COU,A,t1 uA,10d (AVAl '( ,L*ck 'OM ustria-(, C.►YcIQ fufk 4k1huriTk 1lO) COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER P.O.BOX PRINT OR TYPE NAME CITY STATE ZIP .t)al a (qgq) TITLE AREA CODE TELEPHONE NO. m&wuu,K.d,g .\no 3ce EMAII, FAX NO. Page 8 of 16 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE QF TFXAS 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: /I Printed Name: ' s V Qr,n6 Title: x.C±n�� Company: m-‘ a Ccx Loc. C m. Cart L _ Date: *1 1 SUBSCRIBED and sworn to before me the undersigned authority by 5e,(3- the c 3'1` of, a IL on behalf of said bidder. a, • ' �,.9 TABATOHA RY PUBL,CSON State Notary Texas n and •r the N J. ;� STATE OF TEXAS J� `'`o',F' MY COMM.EXP.7.21-2018 My commission expires: / Page 9 of 16 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: VI 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. A1cd COUA Lutf\A COVIAP tiu\y ( L iN1 Firm Name Date �� Au orized Signature Title 6C4 c e UUMW\ h,01) .1c(\No�c Name(please print) Telephone M icy co ukikol p atk,gin ek Email �,,:,, TABATHA R MATHEWSON STATE: j ex O c NOTARY PUBUC STATE OF TEXAS COUNTY: 3 e-Rers o n 'FOS It'' MY COMM.EXP.7.214016 SUBSCRIBED AND SWORN to before me by the above named B f 0Q, S. kfa.. on this the day of Syember ,20 `L . �i�ate.. � ��►�� � Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 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. 1491,80th 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 7t 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. 1 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 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 II 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? II 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 I I 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 ■� \O C M- ,ct d E 1 Page 11 of 16 G_t:NEIR AL TNYFO'i-3'vI:,^T���,i . NOT-1 It is extremely important that the Vendor, Bidder, a:ndior Contractor furnish the cis! of Port Arthur the required information sporifietl in Bid or Proposal:Epee :Nations 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 12 of 16 ADDENDA: Any interpretation.--::, com.-.ctions or chiang .-; to the TIF4 and Speoi .-ica,tioris will be •filacle by addenda. Sole issuin,Q: authoTitY of addenda shall be.vested in the City of Fort Arthur Purchasing Manager. The City assumes o responsibility for the 1-)idrier's -failure to on or mridior nrop,n.ly slibrnit any addendum. Pailto acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addenclums 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 13 of 16 INCORPORATION OF PRO VIS141).N.1.3112151RED BY LAW °. 0 i nro vision and clause requircd by la''?/. to be inserted into the Contract shall be deemed to be enacted herein and the Cortirgct shall be read and enforced as though each 1;vere included herein. If, tiro:h mistake otherwise, any such pro-vision 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 perfolin 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 FIR 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 14 of 16 SUB-CONTRACTS; The shall a �r' i � ✓! Rib-C 11 b r permit any �YT�; ire �v �CS. ;.? s_.al_ t? yl:.cl::. an 'a� _L;�l7i �? `�Ii_C. ali. �1.,.- oi_.rii;toi "sib-coniractor to ' ,i i ;.";;:> Contra.::t until e ','i 3 r el—vezl from the City of Port Arthur "� o y,yforis; ar�.y "viio:i'sC �r��„�L�-I��i �1 + �..� <;,� l.�'-_ � � written approval of such agreement. iN:S 1 _ ANC�E: 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 QXpense, 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 15 of 16 NOTICE TO PROCEED; Notice to Proceed shall be issued 4.7,/ithin ten (10) days of the execution of the Contract by 0711EP,. 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 rONTRACTOR. 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 16 of 16 " . CITY OF PORT ARTHUR,TEXA. � JJ, ADDENDUM NO. ONE (I) * irf September 5,2014 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: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central . Standard Time, Wednesday, September 24, 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, September 24, 2014in the City Council Chambers, City Hall, 511' 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. Shawna'I'ubtl�s, CPPO, CPPB Purchasing Manager AMP 1 2)4g Si ieffi'e of Proposer Date