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HomeMy WebLinkAboutPR 18940: CONTRACT FOR THE PURCHASE OF METER BOXES AND LIDS WITH ACT PIPE & SUPPLY MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Brian McDougal, City Manager FROM: Jimmie Johnson, Ph.D., Director of Utility Operations '' DATE: April 06, 2015 RE: Proposed Resolution No. 18940 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 18940 to award the bid and authorize the execution of a contract in an annual amount not to exceed $228,792.25 for Residential and Small Commercial Water Meter Boxes and Lids to ACT Pipe & Supply, of Beaumont, TX, for the Utility Operations Department. BACKGROUND The Utility Operations Department will need Plastic Meter Boxes and Lids for 5/8" through 2" meters used for residential and small commercial water customers. This is part of the meter change-out and system upgrade project by Siemens. This award establishes unit prices for various meter boxes and lids that may be needed. Six (6) vendors have submitted bids; ACT Pipe & Supply has met specifications and was low bid. HD Supply $235,294.35 Beaumont, TX. Rural Pipe & Supply $248,034.20 ACT Pipe & Supply $228,792.25 Beaumont, TX. Corix Water Products $246,682.40 Buda, TX. CPR Services & Supplies Inc. Bid Disqualified DBA MDN Enterprises New Caney, TX. Coburn Supply Bid Disqualified Beaumont, TX. BUDGET/FISCAL EFFECT This equipment will be maintained in our Warehouse inventory #414-1621-532.85-00 and charged to the Water Distribution system maintenance account when used. #410-1253-532.35- 00. SUMMARY I recommend that the City Council approve Proposed Resolution No. 18940. P. R. No. 18940 04/06/15jt RESOLUTION NO. A RESOLUTION AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF METER BOXES AND LIDS FOR THE UTILITY OPERATIONS DEPARTMENT WITH ACT PIPE & SUPPLY OF BEAUMONT, TEXAS, IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $228,792.25. FUNDS ARE AVAILABLE IN ACCOUNT NUMBERS 414-1621-532.85-00 AND 410-1253-532.35-00 WHEREAS, the Utility Operations Department routinely installs and replaces meter boxes and lids throughout the City; and, WHEREAS, the Utility Operations Department, and the Purchasing Division have solicited bids for this project; and, - WHEREAS, the bids have been evaluated by the Utility Operations Department and Purchasing, with no Port Arthur vendors bidding (Bid Tabulation attached as Exhibit"A"); and, WHEREAS, ACT Pipe & Supply of Beaumont, Texas, has submitted the lowest responsive bid for this work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a contract between the City of Port Arthur and ACT Pipe & Supply, for one year with the option to renew for one additional year, for the unit prices shown in Exhibit "A", in an annual not-to-exceed amount of$228,792.25, in substantially the same form as attached hereto as attached as Exhibit"B"; and, THAT, funding for this material will be provided for in the Utility Operations budget; and. THAT. the City can terminate this contract at its convenience, which includes but is not P. R. No. 18940 04/06/15jt Page 2 of 3 limited to, funding not being available in any budget cycle, with fifteen days written notice; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: J }..a.144.41 Sherri Bellard Valecia Ti ''no City Secretary City Attorney APPROVED FOR ADMINISTRATION: Sii2L-4-0-A.1;t h. Brian McDougal, Shawna Tubbs, C O, CPPB City Manager Purchasing Manager Jimmie Johnson, Ph.D. Director of Utility Operations P. R. No. 18940 04/06/15jt Page 3 of 3 APPROVED AS TO AVAILABILITY OF FUNDS: Deborah Echols Director of Finance Account No. 414-1621-532.85-00 and Account No. 410-1253-532.35-00 Exhibit "A" (Bid Tabulation) 0 C00 n ,. 00 � 1 V 1 0 , -A W t.) qt ttLi > z5 . 7.4 z rrr9 ' W v u, , O C d d d - d -; : ' dO E zd r' LL C ,rri_, rn 9 in o 0 h I o 0 0 0 qt.. 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CD 0 0 ro t" a o 0 0 0 0 0 r < - 65 69 24 64 64 69 69 4, N 4 J O - n W N 0,, O IJ VD J VD O 2 C...> IJ 'Do bo O .A '.D 01 4, , n 6 "c . - 0 x E . 65 S° 54 69 69 65 G9 d N _ —H ? -I O Or V, c n 0 '] H x W O\ U O O W V N O 0 up (T N W 00 00 W � V, CD coo p W V, o v o o ..3 Y W b b O o O b t'" O co 0 to 0 0 to o n t- > H rt • On noo v is v, w N 4t m p ` › Ztq ›. .tea z5. m 'k-J-1 _ 0 dO O O O O O ~ ,,..i *0,11 1, d H d d C7 CJ C1 d d tri "S ' , c m a, a 0 0 o 0 o a P ,-, C7 n o 0 0 0 f". .. r "r'f tJ .h J p+ IJ d C7 0t'-' C7 d U d 4 as 4 4 4 H Y rn r H H p A, to o O to to 5f x o x p n = " a b y m r r) t7 C as o CZ O ro 44,j n r---1z ° 1-h CI CIO d ta P0 4 to -- H n h r' ._ , c• x X HH0 to m C; H tilt-zio H > th p v 5 C "-H > n o C) a '64i Hw 0 d a H c o H a r n 0 cn H Exhibit "B" (Contract) PURCHASING CONTRACT AGREEMENT FOR DFW METERS THIS AGREEMENT is made this the of , 2015, by and between an individual, firm partnership or corporation, ACT Pipe & Supply of Beaumont, TX hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or "City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1 . The term of this Contract shall be for one (1) year from the date issued on the Notice to Proceed, with an option to renew for one (1) additional year, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but not limited to, funding not being available in any budget cycle with fifteen (15) days written notice. 2. The Vendor will provide DFW Boxes and lids, as delineated and submitted in their quote dated March 25, 2015. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the specifications, described as: Meter Boxes and Lids 4. The Vendor agrees to deliver all materials on an as-needed basis during the term of this contract, in an annual not-to-exceed maximum amount of $228,792.25 in the unit prices as stated the proposal dated March 25, 2015. 5. The term "Contract Documents" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Invitation to Bid (D) General Information (E) General Specifications (F) Specifications (G) Bid (H) Bidder's Information Sheet (I) Notice to Proceed (J) Addenda: 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2015. WITNESS: CONTRACTOR: ACT Pipe & Supply SIGNED AND AGREED to on the day of , 2015. WITNESS: CITY OF PORT ARTHUR: City Secretary City Manager • ; CITY OF PORT ARTHUR,TEXAS art rtl�` ADDENDUM NO.ONE (1) 7rx:i, March 18,2015 Bid Proposal For: Meter Boxes & Lids The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACI{NOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Replace the Bid Sheet page in the bid package with the attached Bid Sheet page. 2. Replace the approved lids in the bid package with the following approved lids. The meter boxes in the bid package are correct. 15,000 DFW 1200.1 K.LID OR EQUIVALENT 500 DFW 1500.IK.LID OR EQUIVALENT 100 DFW 65C-1BA-LID OR EQUIVALENT 15 DFW 36C-1F-LID OR EQUIVALENT If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Shawna Tubbs, CPPO, CPPB Purchasing Manager 2e/-/3— Si e/-/3Si ature o Proposer Date DELORIS"BOBBIE"PRINCE,MAYOR ! BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEMCity of F"".'c= CITY MANAGER COUNCIL MEMBERS: 0/00' SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON ort r t h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK MARCH 6,2015 INVITATION TO BID PURCHASE OF METER BOXES & LIDS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:90 p.m., Central Standard Time, Wednesday, March 25, 2015. (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, March 25, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-040 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 or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Please submit questions in writing or the Approved Equals form to the email above on or before Thursday,March 19,2015 at 10:00 a.m. Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 14 INVITATION TO BID PURCHASE OF METER BOXES & LIDS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 14 CITY OF PORT ARTHUR PURCHASE OF METER BOXES & LIDS REQUEST FOR APPROVED EQUAL FORM This form must be used to request approval of items equal to items specified with a brand name and must be submitted to Clifton.Williams@portarthurtx.gov no later than March 19,2015 at 10:00 a.m. Make additional copies as necessary. OFFEROR'S NAME: BRAND NAME BRAND NUMBER/PRODUCT CODE APPROVED DENIED Page 4 of 14 CITY OF PORT ARTHUR SPECIFICATIONS FOR UTILITY OPERATIONS METER BOXES & LIDS These specifications are for furnishing of water meter boxes & lids to protect water metering systems, delivered FOB, Water Utilities Service Center, 111 H.O. Mills Blvd., Port Arthur, Texas 77640. The estimated quantities listed below are for bidding purposes only and does not require the City to purchase these amounts. Please provide unit prices for each of the following bid items: Specifications: Below are approved meter boxes. Any exceptions should be written on the Request for Equal Form on Page 4 and submitted by 10:00 a.m. on March 19, 2015 to Clifton.Williams@portarthurtx.gov. ESTIMATED QUANTITY ITEM 10,000 DFW 1300.12.BODY METER BOX OR EQUIVALENT 15,000 DFW 1200.1KT DEEP LID OR EQUIVALENT 300 DFW 1600.12.BODY METER BOX OR EQUIVALENT 500 DFW 1500.1KZ LID OR EQUIVALENT 100 DFW 65C-14-BODY METER BOX OR EQUIVALENT 100 DFW 65C-1BAF-LID OR EQUIVALENT 15 DFW 36C-12-BODY METER BOX OR EQUIVALENT 15 DFW 36C-1F-LID OR EQUIVALENT Term of Contract: The contract will be for(1) one year with the option to renew for one additional year. Bid quantities shown are for bidding purposes only. These quantities were determined from past experience and do not obligate the City to purchase these amounts. The City reserves the right to the lowest overall responsive bidder or to award by item to the respective lowest responsive bidder. Page 5 of 14 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Meter Boxes &Lids BID DUE DATE: March 25,2015 DAYS ITEM# EST. QTY DESCRIPTION UNIT PRICE TOTAL PRICE TO DELIVER DFW 1300.12.BODY METER e /I 1 10,000 BOX OR EQUIVALENT $ 0•"ft.) $ 139,560 at" //1--2 l J DFW 2 15,000 EQUIVALENT ID OR $ 7, 1/O $ 1/i, 060.`" /9 -.2 ( DFW I600.12.BODY METER /PO r 3 300 BOX OR EQUIVALENT $ /g/t c $ i ©ce' 14(-21 DFW 1500.1K. 4 500 EQUIVALENT LID OR $ `/ / 1' $ C-2 550. °6' lq-2 / DFW 65C-14-BODY METER Q` �j 0v I 5 100 BOX OR EQUIVALENT $ 3.0� $ ! )3C • /q- 21 DFW 65C-1BA- 6 100 EQUIVALENTLID OR $ W.9,2 $ 7, 092. CO /q- 2 DFW 36C-12- DY 7 15 BOX OR EQUIVOALENTTER $ g.g' 91, $ U�, ` 0 /Z1-21 DFW 36C-1F-LID OR U?? LI 8 15 , EQUIVALENT $ /''S", $ Se`.7 • 5- P r r 2- TOTAL COST $ 9ag,M.' k/ Pe3 /y 11©S-/.5G / COMPANY NAME STREET ADDRESS :',:,6171._e,e;;;,4, SI ATURE OF BIDDER P.O.BOX 2/J'ki A;. 1e.- mmot TX 7 '/ PRINT OR.TYPE NAME CITY STATE ZIP Sf9/es %' - %13 - a79er TITLE AREA CODE TELEPHONE NO eda./Sle. 4c..-ibipe-Cmr P.'_ g'(3-.2&23 EMAIL FAX NO. 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: alp Imo: Printed Name: Rksb' Title: Arco.. Company: Pre.T !'�' -� Seipp, Date: 0_2 / 24 �..0 I 5-- SUBSCRIBED 58° SUBSCRIBED and sworn to before me the undersigned authority by ittA thee9r14--of, (son behalf of said bidder. [)2Q,COke—( ws, H �, VEaldfir HEATHER H�ROR�vEs Notary Public in and for the a ` 1. •n_ Notary Public.State of Texes r 'w;. � 'p= My commission Expires State of Texas �[ s4; � �, June 03, 2018 goo ( cJ v„.„ My commission expires: 1. i Page 7 of 14 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. • The undersigned offers and agrees to one of the following: X - thereby-certify that I do-not have outstanding debts•with the-City of-Port Arthur. I_further agree-to pay. • succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. hi Firm Name Date --717)Ct. .41 etill (217, ik" Authorized Signe e Title 7I-5c(� 1C(oc, 0 Name(please print) Telephone Email STATE: I)( COUNTY: - r'lr 5 Y SUBSCRIBED AND SWORN to before me by the above named fria r If t 4 S TIC}v ��`,1,1 • ,,„ on this the Of day ti( �t ,20 �." 0 I' • r% SGC , otary Public • • til • ••• F O; t>r .Cyph? RETURN IBIS AFFIDAVIT AS PART OF THE BID PROPOSAL. ,' 03. Page 8 of 14 E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80"'Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (I-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 art 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 Z. 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, U 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. �` �=� D 3 /cW/Zp/1 Signa re of per on doing bus ,ess with the governmental entity Date Page 9 of 14 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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 Page 10 of 14 owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 11 of 14 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur. Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 14 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor 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 13 of 14 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. LIQUIDATED DAMAGES: Liquidated damages will be $150.00 per day. Page 14 of 14