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HomeMy WebLinkAboutPR 18672: EXCAVATING & HAULING MATERIALS P. R. 18672 10/17/14 aw PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: John A. Comeaux, P.E., Interim City Manager FROM: Allison Walker, Public Works Administrative Assistant DATE: October 24, 2014 SUBJECT: P.R. No. 18672—Excavating & Hauling Materials COMMENTS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 18672, approving the first year of a contract with the option to renew for two additional one year periods with J. M. Kaufman and Redwine Enterprises of Port Arthur, TX, and Mid County Materials & Construction of Nederland, TX for the excavating and hauling of materials. This contract is for a not-to-exceed amount of$950,000 per year. This service will be provided on an as needed basis. BACKGROUND: This is an annual contract for excavating and hauling materials for the Public Works Department and other City departments. Historically the City Landfill, Streets Division, and Parks Departments have been the major users of this service. The City will award to multiple vendors for a particular material, purchase of that material will be based on the price first, then availability when necessary. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category"Transportation". These bids were reviewed by Public Works and Purchasing and are considered to be the fair market value for this service and in line with past costs. The contractor is not guaranteed any minimum amount of work under this contract. BUDGETARY/FISCAL EFFECT: Funding is available in various City accounts. EMPLOYEE/STAFF EFFECT: None. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18672, approving the first year of a contract with the option to renew for two additional one year periods with J. M. Kaufman and Redwine Enterprises of Port Arthur, TX, and Mid County Materials & Construction of Nederland, TX for the excavating and hauling of materials. This contract is for a not-to-exceed amount of$950,000 per year. This service will be provided on an as needed basis. P. R. 18672 10/17/14 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST YEAR OF THE CONTRACTS WITH J. M. KAUFMAN AND REDWINE ENTERPRISES, OF PORT ARTHUR, TEXAS, AND MID COUNTY MATERIALS & CONSTRUCTION OF NEDERLAND, TEXAS, FOR THE HAULING OF MATERIALS WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL ONE-YEAR PERIODS WITH PRICES BEING ADJUSTED ACCORDING TO THE TRANSPORTATION CONSUMER PRICE INDEX, IN THE NOT-TO-EXCEED AMOUNT OF $950,000.00 PER YEAR. FUNDING AVAILABLE IN VARIOUS CITY DEPARTMENTAL ACCOUNTS. WHEREAS, the City requires the services of a contractor to provide for excavating and hauling of materials for various projects within different departments; and, WHEREAS, three bids were received and opened on October 8, 2014, for the above referenced material and have been evaluated by Public Works and Purchasing as shown in the 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 to execute the first year of a non-exclusive contract for excavating and hauling of materials in the not-to-exceed amount of$950,000, with the option of renewal for two additional one-year periods, with prices being adjusted according to the Transportation Consumer Price Index, with J. M. Kaufman of Port Arthur, Texas, (in substantially the same form as attached as Exhibit `B"), Redwine Enterprises of Port Arthur, Texas (in substantially the same form as attached as Exhibit "C"), and Mid County Materials & Construction of Nederland, Texas (in substantially the same form as attached as Exhibit "D"). THAT, funding is available in account various departments accounts. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P. R. 18672 10/17/14 aw READ,ADOPTED,AND APPROVED this the day of , A.D. 2014 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmember: NOES: Mayor ATTEST: Sherri Bellard City Secretary APPROVED S TO FORM: 1 Valecia izeno City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: John A. Comeaux, P. E. Deborah Echols, CPA 6170 Interim City Manager Director of Finance ir,c_r,c,Fit Ltico} Sue Polka, P. E. Shawna Tubbs, CP 0 Director of Public Works Purchasing Manager P. R. 18672 10/17/14 aw Exhibit "A" n eD P r C 41 :?6111cD i i .0 c nnxrrx -3 n08 rb -3 � g 5, ti t: y -�. b n O N 4 0 tv ,o° O = A 9... .-8 A- — : y y to n O \ C• O y0 O O• a O fD r. o `, O it CD Q 4 � : z : n v, N r� 0 b n'! 0' "►r CD s:1) TO Pl. y P' n a AD 0 C w co �• 0 ° CdCdCdtdP- Cd 5. Tel � Q a a a a ,, s9 59 s9 s9 s9 b9 a d x y xl mb Y z y a ow .A .A w � v, J '� rZ O O O O O .CDC •• = 0 o r-t O O O O O Oh to 'G .-. 0 0 0 0 �• O I• A2 y ,-r- ed td Cd Cd a. r4 O CM p .. .. CD 0 d ... ... tr Al y� °° Cil c a °) 00 .°0 °0 - CO x5 ° �. SI- 69 69 69 69 69 69 69 69 a 0 A - CA `O oo tJ w w O LA �1 �1 ' © t� s N 69 yq 69 . O O O O O to to to 0 H O t• IJ IQ "t ■4- 0+ O O O O ��• O O O O - zzzz 0 O O O O "rJ Cdt<lbdbdE. n a � � � � 0 ' 0 0 0 � o o y • � w a Cd o Cd CO td CO td c zzzz 'b a as away 0 W O 0 0 0 0 CD CO CO CO W Pt Do R. P. R. 18672 10/17/14 aw Exhibit B P. R. 18672 10/17/14 aw CONTRACT FOR EXCAVATING AND HAULING SOIL 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 J. M. Kaufman , 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. It shall be renewable by mutual agreement for two (2) additional one-year periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary in connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $7.15/CY 60/40 $7.15/CY Clay $5.75/CY Top Soil $10.00/CY Picked up at Plant Location Items Unit Cost Fill Sand $3.00/CY 60/40 $3.00/CY Clay $2.50/CY Top Soil $8.00/CY P. R. 18672 10/17/14 aw Hauling Materials—Full Load Items Unit Cost Limestone $6.00/TN HMAC Type Material $6.00/TN Cement Stabilized Sand $6.00/TN Concrete Debris $10.00/TN Hauling Materials—Partial Load Items Unit Cost Limestone $12.00/TN HMAC Type Material $12.00/TN Cement Stabilized Sand $12.00/TN Concrete Debris $20.00/TN 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Bidder's Information Sheet 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. 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. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER: CONTRACTOR: CITY OF PORT ARTHUR J. M. KAUFMAN BY: BY: John A. Comeaux, P. E. Print Name: Title: P. R. 18672 10/17/14 aw Excavating and Hauling of Materials Item # UOM Description Bid Primary Secondary Amount Vendor Vendor A Delivered within the City of Port Arthur 1 CY Fill Sand $7.15 J. M. Kaufman Redwine 2 CY 60/40 $5.46 Redwine J. M. Kaufman 3 CY Clay $4.14 Redwine Mid County 4 CY Top Soil $10.00 J. M. Kaufman Redwine B Picked up at Plant Location 1 CY Fill Sand $3.00 J. M. Kaufman Redwine 2 CY 60/40 $3.00 J. M. Kaufman Redwine 3 CY Clay $2.50 J. M. Kaufman Redwine 4 CY Top Soil $8.00 J. M. Kaufman Redwine C Hauling of Materials (Loads)—Full Load 1 TON Limestone $6.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $6.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $6.00 J. M. Kaufman No Bid 4 TON Concrete Debris $10.00 J. M. Kaufman No Bid C Hauling of Materials (Loads)— Partial Load 1 TON Limestone $12.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $12.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $12.00 J. M. Kaufman No Bid 4 TON Concrete Debris $20.00 J. M.Kaufman No Bid DELORIS"BOBBIE"PRINCE,MAYOR JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of INTERIM CITY MANAGER COUNCIL MEMBERS: �\ SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. c CITY SECRETARY TIFFANY HAMILTON O T t MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK SEPTEMBER 18,2014 INVITATION TO BID Excavating & Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 8, 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, October 8, 2014 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Hauling 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 Purchasing Division/Finance Department I 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 INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID EXCAVATING & HAULING OF MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 15 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1) year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner, the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets, and Bridges, Item 520 "Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 4 of 15 CITY OF PORT ARTHUR, TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need,the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity nor more than 14 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone,hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass, TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B. Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. Page 5 of 15 CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Excavating&Hauling of Materials BID DUE DATE: October 8, 2014 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT 1 - Fill Sand $ 7, /1) CY 2 60/40 $ 7, i5 CY 3 Clay $ . j , 75 CY 4 Top Soil $ ,O t Dc CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ 3,0 b CY 2 60/40 $ 3,00 CY 3 Clay $ Ise CY 4 Top Soil $ °="' CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or Zi hours. LOCATION OF PRIMARY BORROW PIT: 02 O Co 40 7"ickl/ 73 LOCATION OR SECONDARY BORROW PIT: /0— -1 gnature of Bidd Date Page 6 of 15 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ OC) TON $ /Z, TON 2 HMAC type material $ , 0 d TON $ /Z. — TON 3 Cement Stabilized Sand $ ©o TON $ ) • TON 4 Concrete Debris $ /0 o TON $ a' '9` TON Equipment and drivers/operators will be made available hours or / days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at$ 73- /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: 30©( Carr, 12,1 u The City reserves the right to award the bid by class of work, or the entire bid to one(1)responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. At• 49-4-1../4: COMPANY 7 NY NAME STREET ADDRESS A NATURE IF BID 11. ' P.O. BOX n c e.5 1'�- Cyr fit,, '10,1_ .7"76 PRINT OR TYPE NAME A. STATE ZIP ©WeLr- TITLE AREA CO DE TELEPHONE NO 3 I U( Kett, fv4-w 1,14c), C EMAIL FAX NO. Page 7 of 15 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: / 5c.A Pfrti Title: 0 W N 6t(,-- Company: j/' ' Date: 10 h undersigned authority b yes the tb;fe►'of, �`a on SUBSCRIBED and sworn to before me the u g Y Y �� behalf of said bidder. I j ,1oC Notary Public in and for the State of Texas My commission expires: ( 30-- 17 RHONDACHERI CONN ;v 1 , MY COMMISSION EXKri = :'041 January 30,2017 l Page 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. /hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. . � A 0 g'-% Fi ame Date U- Atffhorized Signature Title ga& (5C(3 Name(please print) Telephone -.1 - Email STATE: ` )e-Ct.s COUNTY: J ?f:c6) SUBSCRIBED AND SWORN to before me by the above named JaTh€S 1'1 17 on this the day of adeber , 20 ei . RHONDA CHERI CONNER 0177/2ct, ( 2/2 ?yR'•' �(s MY COMMISSION EXPIRES Notary Public ......... January 30,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th 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. Signature of person doing business with the governmental entity Date Page 10 of 15 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640 Page 12 of 15 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 13 of 15 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 14of15 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 15 of 15 P. R. 18672 10/17/14 aw Exhibit "C" P. R. 18672 10/17/14 aw CONTRACT FOR EXCAVATING AND HAULING SOIL 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 Redwine Enterprises, 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. It shall be renewable by mutual agreement for two (2) additional one-year periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary in connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Fill Sand $7.45/CY 60/40 $5.46/CY Clay $4.14/CY Top Soil $13.00/CY Picked up at Plant Location Items Unit Cost Fill Sand $4.00/CY 60/40 $4.00/CY Clay $3.00/CY Top Soil $10.00/CY P. R. 18672 10/17/14 aw Hauling Materials—Full Load Items Unit Cost Limestone No Bid HMAC Type Material No Bid Cement Stabilized Sand No Bid Concrete Debris No Bid Hauling Materials—Partial Load Items Unit Cost Limestone No Bid HMAC Type Material No Bid Cement Stabilized Sand No Bid Concrete Debris No Bid 4. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Bidder's Information Sheet 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. 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. 7. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials,this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER: CONTRACTOR: CITY OF PORT ARTHUR REDWINE ENTERPRISES BY: BY: John A. Comeaux, P. E. Interim City Manager Print Name: Title: P. R. 18672 10/17/14 aw Excavating and Hauling of Materials Item # UOM Description Bid Primary Secondary Amount Vendor Vendor A Delivered within the City of Port Arthur 1 CY Fill Sand $7.15 J. M. Kaufman Redwine 2 CY 60/40 $5.46 Redwine J. M. Kaufman 3 CY Clay $4.14 Redwine Mid County 4 CY Top Soil $10.00 J. M. Kaufman Redwine B Picked up at Plant Location 1 CY Fill Sand $3.00 J. M. Kaufman Redwine 2 CY 60/40 $3.00 J. M. Kaufman Redwine 3 CY Clay $2.50 J. M. Kaufman Redwine 4 CY Top Soil $8.00 J. M. Kaufman Redwine C Hauling of Materials (Loads)—Full Load 1 TON Limestone $6.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $6.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $6.00 J. M. Kaufman No Bid 4 TON Concrete Debris $10.00 J. M. Kaufman No Bid C Hauling of Materials (Loads)— Partial Load 1 TON Limestone $12.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $12.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $12.00 J. M. Kaufman No Bid 4 TON Concrete Debris $20.00 J. M. Kaufman No Bid N \\ "BOBBIE"PRINCE,MAYOR JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM INTERIM CITY MANAGER City of 1 COUNCIL MEMBERS: • ) SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. I*' CITY SECRETARY TIFFANY HAMILTON o T t MORRIS ALBRIGHT VAL TREND STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK SEPTEMBER 18,2014 INVITATION TO BID Excavating& Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 8, 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, October 8, 2014 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Hauling 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 Purchasing Division/Finance Department L Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411.409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID EXCAVATING & HAULING OF MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 15 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER, OR BIDDERS must agree to enter into a contract with the City of Port Arthur. This Contract will terminate approximately one (I) year from date of Notice To Proceed. There are two (2) additional one(1)year renewal periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner,the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets, and Bridges, Item 520"Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 4 of 15 CITY OF PORT ARTHUR,TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need,the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity nor more than 14 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD #7) borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to Sabine Pass,TX. 8. Limestone, hot mix asphaltic concrete type material, cement-stabilized sand, shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass,TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T. B.Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. Page 5 of 15 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE 13ID FOR: Excavating & Hauling of Materials BID DUE DATE: October 8, 2014 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR (including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT Fill Sand $ 1/5— CY 2 60/40 $ CY 3 Clay $ v7r /1"/ CY 4 Top Soil $ 13.00 CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ '7 " CY 2 60/40 $ CY 3 Clay $ 3. 00 CY 4 Top Soil $ JO,00 CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within minutes or hours. SCI PA II posS ici LOCATION OF PRIMARY BORROW PIT: N 7 7 3 LOCATION OR SECONDARY BORROW PIT: AI WV 6 /0- ?5 ,6)/9 Signature of Bidder Date Page 6 of 15 C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ TON $ TON 2 HMAC type material $ TON $ TON 3 Cement Stabilized Sand $ TON $ TON 4 Concrete Debris $ TON $ TON Equipment and drivers/operators will be made available hours or days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TIME FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: 2 0 a k i de2.6 F d r ye _ P0 + A� „ - --W/O ;J The City reserves the right to award the bid by class of work, or the entire bid to one (1) responsible bidder. Bids shall be good for sixty(60) days from date of bid opening. ath_e_ 1 r1 c- r;s-c_ TH L .20 ) 5 r 1` COMPANY NAME I) STREET ADDRESS I /Li 4-, ,1...),,,, SIGNATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME ITY STATE ZIP 9� (loci 7 2 Z-- t? 3 7 TITLE AREA CODE TELEPHONE NO '4--r e LI Onfte_ '._li,_Pe- coin LC-lq^-3ZL_`l- EMAIL FAX NO. Page 7 of 15 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: r% &v ' . . • Title: company: i%- Date: lig • 'N(crick R¢dwlnz SUBSCRIBED and sworn to before me the undersigned authority by R.jdwintthe irtSid(kiof,ftgoiVn behalf of said bidder. 4•AiVs TANAMONTALVO Notary Public in and for the • MY COMMISSION EXPIRES State of Texas _Av ate July 3,2017 My commission expires: 1- Y""�1 • Page 8 of 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th 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. Signature of person doing business with the governmental entity Date Page 10 of 15 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 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 12of15 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 13 of 15 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. Page 14 of 15 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. • Page 15 of 15 P. R. 18672 10/17/14 aw Exhibit "D" P. R. 18672 10/17/14 aw CONTRACT FOR EXCAVATING AND HAULING SOIL 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 Materials & 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. It shall be renewable by mutual agreement for two (2) additional one-year periods. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". Each subsequent yearly contract renewal shall require approval of the City Council. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary in connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: Delivered within the City of Port Arthur Items Unit Cost Clay $4.83/CY 4. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Bidder's Information Sheet 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. P. R. 18672 10/17/14 aw 6. 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. 7. IN WITNESS WHEREOF,the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER: CONTRACTOR: CITY OF PORT ARTHUR MID COUNTY MATERIALS & CONSTRUCTION BY: BY: John A. Comeaux, P. E. Interim City Manager Print Name: Title: P. R. 18672 10/17/14 aw Excavating and Hauling of Materials Item # UOM Description Bid Primary Secondary Amount Vendor Vendor A Delivered within the City of Port Arthur 1 CY Fill Sand $7.15 J. M. Kaufman Redwine 2 CY 60/40 $5.46 Redwine J. M. Kaufman 3 CY Clay $4.14 Redwine Mid County 4 CY Top Soil $10.00 J. M. Kaufman Redwine B Picked up at Plant Location 1 CY Fill Sand $3.00 J. M. Kaufman Redwine 2 CY 60/40 $3.00 J. M. Kaufman Redwine 3 CY Clay $2.50 J. M. Kaufman Redwine 4 CY Top Soil $8.00 J. M. Kaufman Redwine C Hauling of Materials (Loads)—Full Load 1 TON Limestone $6.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $6.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $6.00 J. M. Kaufman No Bid 4 TON Concrete Debris $10.00 J. M. Kaufman No Bid C Hauling of Materials (Loads)— Partial Load 1 TON Limestone $12.00 J. M. Kaufman No Bid 2 TON HMAC Type Materials $12.00 J. M. Kaufman No Bid 3 TON Cement Stabilized Sand $12.00 J. M. Kaufman No Bid 4 TON Concrete Debris $20.00 J. M.Kaufman No Bid Location Port Arthur,TX Port Arthur, TX -, RLS"BOBBIE"PRINCE,MAYOR ` JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM Cite INTERIM j ; INTERIM CITY MANAGER RAYMOND ME OTT,JR. ~/� !%,�,1\`t`�ti � SHERRI BELLARD,TRMC TIFFANY HAMILTON CITY SECRETARY MORRIS ALBRIGHT r t ft u r STEPHEN A.MOSELY VAL TIZENO WILLIE"BAE"LEWIS,JR Tczczs CITY ATTORNEY ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK SEPTEMBER 18,2014 INVITATION TO BID Excavating&Hauling of Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 8, 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, October 8,2014 in the City Council Chambers,City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE:Hauling 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.wil liams(aportarthurtx.gov Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 (Fax 409.983.8291 The enclosed INVITATION TO BID (1"113) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs,CPPO,CPPB Purchasing Manager Page 2 of 15 INVITATION TO BID EXCAVATING&HAULING OF MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST.However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City,State,Zip Code: Date: Page 3 of 15 GENERAL CONDITIONS (AS APPLICABLE) SUCCESSFUL BIDDER,OR BIDDERS must agree to enter into a contract with the City of Port Arthur.This Contract will terminate approximately one (1) year from date of Notice To Proceed. There are two (2) additional one (1)year renewal periods. Prices quoted for the first year of the contract shall be firm,and shall be indexed for the next two (2) years using the Consumer Price Index category "Transportation". It will be necessary for the City to secure a letter from the vendor agreeing to renew the award for each additional year. The City will award to multiple contractors. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the required amount of materials in a timely manner,the City will contact the next lowest awarded contractor. Successful bidder shall agree to provide the City with material safety data sheets (MSDS) for hazardous chemical containing products or a statement of exemption. All material shall be able to pass Texas Department of Transportation Material Specification Laboratory test and successful bidder must provide test verification on request to the City. Measurement of material shall be by applicable units per various items as set out in the bid schedule. Payment of material shall be by applicable bid price per unit and any additional change as set out in the bid schedule. All items shall meet the Texas Department of Transportation standard specifications for Construction of Highways, Streets,and Bridges, Item 520 "Weighing and Measuring Equipment". Delivery shall be in the most economical manner to job sites or the City's stockpile in Port Arthur. The City's Operation Center on Highway 73 is considered the City stockpile area. All delivery charges shall be included in bid price. City reserves the right to charge vendor for any delay or down-time associated with delivery of material. All vendors shall be able to supply and deliver all materials ordered as laid out by these specifications. Page 4 of 15 CITY OF PORT ARTHUR,TEXAS SPECIFICATIONS FOR EXCAVATING AND HAULING OF MATERIALS 1. Bidder shall provide services to the City on an AS-NEEDED basis at the bid rates. 2. Bidder shall supply all necessary equipment complete with operators, and inclusive of all fuel, maintenance and other usual charges. 3. If the contracted vendor is unable to meet the City's required delivery schedule, depending on urgency of need,the City reserves the right to use an alternate vendor. 4. The City reserves the right to use its own trucks for hauling from Bidder's source of soils and to haul other materials as may be advantageous to the City. 5. Dump trucks provided by Bidder shall not be less than 12 cubic yard capacity nor more than 14 cubic yard capacity. 6. Excavation of soils by Bidder may take place in the Drainage District No. 7's (DD#7)borrow pit west of Highway 69 and south of Jimmy Johnson Boulevard. Excavation from this pit will be done at DD#7's schedule of borrow pit operation. Road to borrow pit will be maintained by City or DD#7. Bidder must be in possession of an Excavation Permit from DD#7 and have the required insurance that names DD#7 and the City as additional insured. PROOF OF SUCH PERMIT AND INSURANCE MUST BE SUBMITTED WITH BID. 7. Clay materials from DD#7's pit will usually be hauled to the City's landfill on Highway 73 west of Taylor's Bayou or occasionally to other City project job sites. 60/40 sand and top-soil shall be hauled to various City project sites, including those in the Sabine Pass area. No up-charge will be accepted for hauling to Sabine Pass, TX. 8. Limestone,hot mix asphaltic concrete type material,cement-stabilized sand,shall be hauled from other Vendor's point of supply in the Golden Triangle area to various City project job sites,including those in the Sabine Pass area. No up-charge will be accepted for hauling to or from Sabine Pass,TX. 9. Concrete debris such as concrete curb and gutter sections shall be hauled from City project job sites to Pleasure Island and dumped in areas along the canal bank adjacent to T.B.Ellison Parkway from the Martin Luther King Bridge to Pleasure Pier Boulevard, or along 25th Street at the Motiva fresh water reservoir. Page 5 of 15 i i CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Excavating&Hauling of Materials BID DUE DATE: October 8,2014 OUTLINE OF BID DATA: A. DELIVERED WITHIN THE CITY OF PORT ARTHUR(including Sabine Pass) ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ CY 2 60/40 $ --- CY 3 Clay $ 413 CY 4 Top Soil $ -- CY B. PICKED UP AT PLANT LOCATION: ITEM# DESCRIPTION BID AMOUNT 1 Fill Sand $ CY 2 60/40 $ CY 3 Clay $ 3,00 CY 4 Top Soil $ CY Stock-pile material shall be available on those days borrow pit in inaccessible. Vendor will respond to load material request within 3 U minutes or I hours. LOCATION OF PRIMARY BORROW PIT: %100 `v uks-h a j (Awe , Po(k ?Y$fw(, x 11 J'1O LOCATION OR SECONDARY BORROW PIT: t0�j1y gnature of Bidder Date Page 6 of 15 i C. HAULING OF MATERIALS FULL LOAD PARTIAL LOAD 1 Limestone $ TON $ TON 2 HMAC type material $ TON $ '—` TON 3 Cement Stabilized Sand $ TON $ --_ _ TON 4 Concrete Debris $ 10 'tl 0 TON $ I S . dO TON Equipment and drivers/operators will be made available I hours or d days after receipt of request for hauling services. D. HOURLY CHARGE FOR WAITING TINE FOR PICK-UP OR DELIVERY First 30 minutes after arrival will be at no charge if truck is loaded or unloaded within that time period. If the truck is not loaded or unloaded within the first 30 minutes of arrival at plant or jobsite, waiting will be paid from time of arrival, the first 30 minutes waiting time being charged at $ O S /hr. and waiting time thereafter being charged at the same rate in 15 minute increments. LOCATION OF HAULING EQUIPMENT: 1 0 d I na tA.St I1 Al C i VA t C f Pi ft AYihuvr, TX 11( O The City reserves the right to award the bid by class of work, or the entire bid to one(1)responsible bidder. Bids shall be good for sixty(60)days from date of bid opening. N+i 61 COokMLO 1 (Ovukianj Cka `6101 tvJushhill, Cilcit ,Wok Artuiritkii0.6 COMPANY N STREET ADDRESS ?.0- 604 G;Nautkkd ,-t kilo i,1 GNATURE OF BIDDER P.O.BOX el 604 S . v citykm S te, A Ou v-t PRINT OR TYPE NAME CITY STATE ZIP P tenor NA) 1 R, -Soo TITLE AREA CODE TELEPHONE NO od.Cola4.4 it-t.t1C - CUti 136-a1e1. EMAIL FAX NO. Page 7 of 15 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: .4(01 Printed Name: g (.7 S U(ANN\ Title: P at kv∎ur Company: M\� W 'ki Lctvd ((/vwf omi Ltd. Date: VJ d 1 / V4 +1, c4 SUBSCRIBED and sworn to before me the undersigned authority by 061- the of,c J �l on behalf of said bidder. ' • tliag 01-4 Notary Public in a d -r the y���. TABATHA R MATHEWSON State of Texas • NOTARY PUBLIC• . �, STATE OF TEXAS c1 ( MY COMM.EXR T.21.2o18 My commission expires: /f a"-' 118 Page 8 of 15 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City ty 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. RI. (I (1)1A -1 Vka, tifinkpaN uka to ti /11-1 Firm Name Date ttrliqtr uthorized Signature Title Name(please print) Telephone iNt Ct CO Email STATE: i e_xC<j� TABATHA R MATHEWSON NOTARY TE OF PUBUc STA TEXAS COUNTY: MY COMM.EXP.7-21-2018 3 e-c'er s on SUBSCRIBED AND SWORN to before me by the above named Zr t)CY\ on this the day of bell- _c- ,20 \Lk . Notary Public J RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80t°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. !v 2. Check this box if you are filing an update to a previously filed questionnaire. / rC (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. 1\ '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 I No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 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. Si ature of person doing business with the governmental entity Date Page 10 of 15 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated,Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. Page 11 of 15 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.,City of Port Arthur, Port Arthur,TX 77640 Page 12 of 15 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. It through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. • Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 13 of 15 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;and, b. Property Damage$100,000 per occurrence regardless of contract amount;and, c.Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a.Minimum combined single limit of$500,000 per occurrence,for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies,and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s)shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. Page 14 of 15 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 15 of 15