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HomeMy WebLinkAboutPR 19235: CONTRACTS FOR ROAD BUILDING MATERIALS City of - Guy `\ )1} ort rthu--�� INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. To: Brian McDougal, City Manager From: Rawetts Baaheth Sr., Interim Public Works Director Date: January 6, 2016 RE: P. R. 19235 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 19235, approving contracts with Martin Marietta Materials of Beaumont, Texas, Martin Marietta Materials of Uvalde, Texas Redwine Enterprises, Inc., of Port Arthur, Texas, APAC — Texas of Beaumont, Texas, Knife River of Beaumont, Texas, Vulcan Materials of Beaumont, Texas, LD Construction of Beaumont, Texas and Mid County Land Company of Nederland, Texas for road building materials with a projected budgetary impact of $1,125,000.00. STAFF ANALYSIS: None. BACKGROUND: These are annual contracts for road building materials that will be used by the Public Works Department and Utilities Department for maintenance and construction. Where we received bids from multiple vendors for a particular material, purchase of that material will be based on the price first, then availability when necessary. These are non-exclusive contracts allowing purchase of materials from each vendor as described. These materials will be utilized by the Public Works and Utilities Departments. There are no guaranteed minimum purchase amounts for any of these materials. BUDGET CONSIDERATIONS: Funds are available in the following accounts: Public Works: 001-1203-531.36 Streets Maintenance, $180,000.00;001-1203 531.86 City Streets Program, $425,000.00;'/001-120531.86-01 CDBG Streets Program, $150,000.00; 001-1204-531.34 Drainage Maintenance, $40,000.00; Utilities: 403-1274-533.36 Solid Waste, $230,000.00;410-1253-532.36 Water and Sewer/Streets, $60,000.00; 410-1253-532.86 Water and Sewer/Streets, $40,000.00.V "Remember we are here to serve the Citizens of Port Arthur" P. R. 19235 12/4/15 rtb RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF NON- EXCLUSIVE CONTRACTS FOR ROAD BUILDING MATERIALS WITH MARTIN MARIETTA MATERIALS OF BEAUMONT, TEXAS, MARTIN MARIETTA MATERIALS OF UVALDE, TEXAS REDWINE ENTERPRISES, INC. OF PORT ARTHUR, TEXAS, APAC — TEXAS OF BEAUMONT, TEXAS, KNIFE RIVER OF BEAUMONT, TEXAS, VULCAN MATERIALS OF BEAUMONT, TEXAS, LD CONSTRUCTION OF BEAUMONT TEXAS AND MID COUNTY LAND COMPANY OF NEDERLAND, TEXAS FOR ROAD BUILDING MATERIALS WITH A PROJECTED BUDGETARY IMPACT OF $1,125,000.00. FUNDING AVAILABLE IN THE FOLLOWING DIVISIONAL ACCOUNTS: PUBLIC WORKS DEPARTMENT: 001-1203-531.36 STREETS MAINTENANCE, $180,000.00; 001-1203-531.86 CITY STREETS PROGRAM, $425,000.00; 001-1203-531.86-01 CDBG STREETS PROGRAM, $150,000.00; 001-1204-531.34 DRAINAGE MAINTENANCE, $40,000.00; UTILITIES DEPARTMENT: 403- 1274-533.36 SOLID WASTE, $230,000.00; 410-1253-532.36 WATER AND SEWER/STREETS, $60,000.00; 410-1253-532.86 WATER AND SEWER/STREETS, $40,000.00. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual supplying of road building materials; and, WHEREAS, eight bids were received and opened on November 4, 2015, for the above referenced materials, with one Port Arthur vendor bidding (see attached Bid Tabulation, attached as Exhibit"A"); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to execute on behalf of the City a one (1) year non-exclusive contract between the City of Port Arthur and Martin Marietta Materials of Beaumont, Texas (attached as Exhibit"B), Martin Marietta Materials of Uvalde, Texas (attached as Exhibit"C"), Redwine Enterprises, Inc. of Port Arthur, Texas (attached as Exhibit "D"), Knife River of Beaumont, Texas (attached as Exhibit "E"), APAC — Texas (attached as Exhibit "F"), Vulcan Materials of Beaumont, Texas — (attached as Exhibit "G"), LD Construction of P. R. 19235 12/4/15 rtb Beaumont, Texas— (attached as Exhibit "H"), Mid County Land Company of Nederland, Texas — (attached as Exhibit "I"), for road building materials based on the unit prices as shown in Exhibit"A"attached hereto. THAT,funding is available in the accounts stated in the caption. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2016 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor Councilmembers: Noes: Mayor ATTEST: Sherri Bellard City Secretary AP 0 ; D AS TO FORM: \a- 4 ---Lip Valecia izeno City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 744441 i , e-,c, °' t 6,uei(leg Brian McDougal Jerry W. Dale, CPA/GFOA E1} M" City Manager Interim Director of Finance 6),17 ' /i).1?- tu- Rawetts Baaheth, Sr. Clifton Williams, CPPB Interim Director of Public Works Acting Purchasing Manager P. 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R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called"OWNER"or "CITY", and Martin Marietta Materials-Beaumont, Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes,but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. DELORIS"BOBBIE"PRINCE,MAYOR KAPRINA RICHARDSON FRANK,MAYOR PRO TEM t'ar-' r,,t n BRIAN MCDOUGAL CITY MANAGER COUNCIL MEMBERS: � • 't'a? ih41 r•�,?s,.,. RAYMOND SCOTT,JR. SHERRI BELLARD,TRMC 101 TIFFANY HAMILTON torr rthYlG ,_„ CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY Ir sits VAL T1ZEN0 WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWAT! DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 2015. (The clock located in the City Secretary's office will be the official time.) All bids received will he read aloud at 3:15 p.m. on Wednesday, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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(4ortarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street J Port Arthur,Texas 776411 409.983.8160 1Fax 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 " Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: V2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 _ Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM ft DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $,V°°/ton $24°°/ton $a8'/ton 4. 610 Base Limestone $3L /ton $31°" /ton $36°9/ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $30°P/ton $,9(OO9/ton $30°54/ton 8. Cement Stabilized Sand (Base Bid) $1 4.2/ton $ 19°o/ton $d4'1°-12/ton 9. A. 1/2 sack incremental increase to base bid $01°? /ton $ co /ton $Oct? /ton B. 1/2 sack incremental decrease to base bid $g o' /ton $.2°9 /ton $ °o/ton 10. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0"-1'/2 " size $ /ton $ /ton $ /ton B. Hearth slag, 11/2"-3" size $ /ton $ /ton $ /ton �. Date Page 8 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 0es 14. 5/8" Limestone Aggregate $3V) o/ton $31 •/ton $ Location of stockpile,plant or shipping point: t q0 S. au fripati, !- M Pn4kok TX 116 s40 rneit4; rnaPie'40.. .5as Orleans aOd COMPANY NAME STREET ADDRESS P.D. Bo,t 5 i$7 SIG A U'4 TbF :DDER P.O. BOX 77701 13 '' (3eavnlon't , Tx 7114 . 51g/ PRINT OR TYPE NAME CITY STATE ZIP Soies Rep Loci- as •H433 TITLE AREA CODE TELEPHONE NO. to 11; t_n eje l l , nn Ailf_r\ .ot.t.',e-t+0..c cM ti09- !O 51-4 - 33%Z EMAIL FAX NO. Page 9 of 17 r NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Sales mey� Company: YYN OtA bcruLfla Date: 11-3- 15 SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. (I ( , '•`X% RUTH ®AHAHL e` Notary Public State of Texas st My Commission Expires Notary Pull is in and for the February 05, 2019 State of Texas My commission expires: Page 10 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. IN\ n 0.A\ck-4-a 11 -1-is Firm ► .me Date 5a..le s Re.p A( - d riz d i ture Title e u kat,/ LiOQ- ss • 11gI Name(please pridt) Telephone w; 1\;O w.. 19.1@p (tJ nYv- &A e4+&.. C onr. Email I STATE: 1-WA S COUNTY: 1e e rSC/Y."-\ SUBSCRIBED AND SWORN to before me by the above named 1 11 Kellet / on this the 3 day of 144 V , 20 l S' . 4A24- Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 t w1 � CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80`h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (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 12 of 17 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 13 of 17 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.: Department, 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 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17 P. R. 19235 12/4/15 rtb Exhibit C P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER"or "CITY", and Martin Marietta Materials of Uvalde, Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas Martin Marietta Materials, Uvalde, Texas BY: BY: Brian McDougal Representative City Manager DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOl1GAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM Cite r+ '' I CITY MANAGER 1 COUNCIL MEMBERS: �' RAYMOND SCOTT,JR SHERRI BELLARD,TRMC TIFFANY HAMILTON r�r't r t Ir u'� CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY ie as VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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 writinj' to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 c l i fton.wi l l i am s(a,po rtarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: • Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- '/z sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: %Z sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production. free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM# DESCRIPTION STOCKPPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated Q 'te�l �j Aggregate $. "/ton $ /ton $0 ton B. Type"PE"Grade 4 Precoated 29"- Aggregate _/ton $ /ton $ -'/ton 2. Blackbase $N8 /ton $ N.g /ton $ NB /ton 3. Limestone $ NB /ton $ It/ton $ Nb /ton 4. 610 Base Limestone $ Na /ton $ NP /ton $ I\LB /ton 5. Type"D"Hotmix Asphaltic Q K(Q Concrete PVT $14e' /ton $ V /ton $ 1`8 /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ '� /ton $IVU /ton $ V /ton 7. Romayor Sand $14 /ton $NB /ton $ a' /ton 8. Cement Stabilized Sand a N13/ton (Base Bid) $ N V /ton $I V /ton $ 9. A. '/2 sack incremental increase KBto base bid $ NB /ton $ N6 /ton $ /ton B. '/2 sack incremental decrease Q to base bid $ NB /ton $ NB /ton $ NB /ton 10. Concrete Rubble, 0"-8" size mixed $ NPS /ton $ NB /ton $ 1\16 /ton 11. A. Hearth slag, 0"-1Y2 "size $ Ng /ton $ NV /ton $ It /ton B.Hearth slag, 1'/2"-3" size $ itt /ton $ N$/ton $ Ilf /ton • Signature Dat Page 8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $Ng /ton $14P), /ton $ I" /ton 13. Grade 4 Commercial Rock SNP) /ton $ NB/ton $N IJ /ton 14. 5/8" Limestone Aggregate $N v /ton $ t' /ton $N •I� /ton Location of stockpile, plant or shipping point: q 0 &g in* 4 !02-/ Watiolviv 1? Ol M arfi►1 Miiieftita T110 W ouus►mav) rot. `i. 12 I COMPANY NAME STREET ADDRESS / SIGNATURE OF BIDER P.O.BOX LIs AU O 4 iA 1a T q2'f PRINT OR TYPE NAME CITY STATE ZIP fNW1 — 4/ LAS 2, ( 0 208 { 0 70 TITLE AREA CODE TELEPHONE NO. �JSa.arae omarfinmavi* m 21020& L4 0V0 EMAIL ✓ FAX NO. Page 9 of 17 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: L(S)1 A-i‹4 to Q Title: IAfg10. - SA LS Company: Orn- n Mar/tit-it. Date: i 0' / /S--' SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. ,11111„ ierr�;o CHERYL D. EWSON /�� '• ,,' Notary Public, State of Texas �; . My Commission Expires a ublic in and for the -*,,,,f....,,.. November 03, 20151State of Texas IIII IIIA My commission expires: 1((of/c Page 10ofl7 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. • Martin M.alVf4 10 z s Ic Firm Name bate • [top LES Authorized Signature Title L1cA McAUio ( 0 ')., O? if 070 Name (please print) Telephone ii .qraujo rfin �ah . corn Email STATE: Tx COUNTY: 0.aZ- SUBSCRIBED AND SWORN to before me by the above named r I SG`. A2.4-4.)()o on this the 028-* day of OekObsrti- O . , 15 � rl) ,,1wY'Pu;-., CHERYL D. ELLISON I etaryPublic _'�•' `� Notary Public, State of Texas . My Commission Expires ;F«;' November 03, 2015 RET • • ' • ' • • OF THE BID PROPOSAL Page 11 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80`h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. i y (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 governm ent 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. /OI28/& Signature of person doing business with the governmental entity Date Page 12 of 17 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 gny 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 13 of 17 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.: Department, 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 14 of 17 • 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 15 of 17 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 16 of 17 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 17 of 17 P. R. 19235 12/4/15 rtb , Exhibit D P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called"OWNER" or "CITY", and Redwine Enterprises,Inc.-Port Arthur, Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas Redwine Enterprises, Inc. Port Arthur, Texas BY: BY: Brian McDougal Representative City Manager DELORIS"BOBBIE"PRINCE,MAYOR 3 y7 BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: RAYMOND SCOTT,JR. SHERRI BELLARD,TRMC TIFFANY HAMILTON t3 r r r t it a CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY ,a: VAL TIZENO ORNEY WILLIE"BAE"LEWIS,JR. CITY ATTORNEY' OSMAN SWAT! DERRICK FREEMAN OCTOBER 14, 2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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.williamsportarthurtx.gov Purchasing Division/Finance Department I 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2of17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334. "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40,shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- V2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" ( 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 199-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 RII) FOR: Road Building Materials BIT) I)UE DATE: November 4, 2015 FFI:AI # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton 5 /ton $ /ton 2. Blackbase 5 /ton 5 /ton $_ /ton 3. I.imestone S /ton $ /ton $ _/ton 4. 610 Base limestone 5 /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. I lotmix Cold I Said Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romavor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9 A. 4 sack incremental increase to base hid $ /ton $__ ---/ton $ 'ton 13. 1/2 sack incremental decrease to base hid $ /ton 5 /ton $ __/ton q'/ ?I/ 94 1 0. Concrete Rubble. 0"-8" size mixed $ /(, /ton $.f( . /ton $Th, /ton I I . A. Hearth slag, 0"-11/2 " size $ /ton 5 /ton $ _/ton B. Hearth slag. I'''/ -3" size $____/ton $-----_--/ton $ /ton ` ?.Q-CL)\. _1/- y-zo i Signature Date Page 8ol.17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $---.._- /ton Loc-anon of stockpile, plant or shipping point: p70 V4,. �i Ppm _ -0( 7--)C Y D L--'-,-, p_1,--,, dOi 'OMPANY NAME S'I REET ADDRESS yL_ ---17- 0\-`49-- , .....a. NA. SIGNA 1i.1RE OF BIDDER P.O. BOX 1 'r‘ sh oK riZ,2_ w t P-I- Arukur-ry � 7 ‘ yo PRINT OR TYPE NAME. CITY STATE ZIP Ra s`k do. `fO 9---- 722 837 3 -E'I'fl.E AREA CODE TELEPI IONE NO. -1-- recLi),4e - -. rr. (0(1'1 Yo 9 SYS'- 6i y0 I \I:\!' L.) FAX NO. Page 9 of 17 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: -1-C7NSh� � �(.,‘..) yrxA Title: 1. Company: P -C%i) tiara-3. Date. /1- L/-20, S'- --- ���Sy� Qw� s tint SUBSCRIBED and sworn to before me the undersigned authority by gtdrr .w the Qtitsidt�l} of,Wtt�F�'Son behalf of said bidder. Aktwvutit4 Notary Public in and for the TANA MONTALVO State of Texas " MY COMMISSION EXPIRES tib; July 3,2017 My commission expires: 1 -7)0 Pave 10 of 17 AFFIDAVIT :111 pages in Offeror's Responses containing statements. letters. etc.. shall be signed by a duly authorized officer ,1 the company w hese signature is binding. he undersigned offers and agrees to one of the following: (/ 1 hereby certify. that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. c1wOW- �n � resc.h Tnc /J- q-20/ S� ',inn Name ( Date da-f4- �1rAk.l\ \uthorized Signature Title `.)-% r yo `1- 722-8373 Name (please print) Telephone ± f^ Gf(c)inn ell. Pr, Cow\ ST.,ATE: b1) COI ATV: diAtit( L \ SUBSCRIBED AND SWORN to betbre me by the above named -1"1 � I UAW k_YU. on this the day of _1r\141\,\I(-Y 20 ? . LU4 . 'a " ,U,U- ' Notary Public RETURN TIIIS AFFIDAVIT AS PART OF THE 1311) PROPOSAL TANA MONTALVO 1 MY COMMISSION EXPIRES "-•;*,yr ' July 3,2017 Page I I or I7 CONFLICT OF IN'1'FRES'I' QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity !his questionnaire reflects changes made to the lacy by 11.13. 1491.80°' Leg.. Regular Session. — This questionnaire is being tiled in accordance with Chapter 176. I.ocal Government ('ode by a person s ho 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). lay laoo this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7°i business dad alter the date the person becomes aware of facts that require the statement to he tiled. See Section 176.006. Local Government ('ode. :\ person commits an offense if the person knowyingly violates Section 176.006. Local Government Code. An offense under this section is a (lass C misdemeanor. I. Name of person wh has a business relationship with local governmental entity. LI)Imo__ 2. ('heck this box if you are filing an update to a previously filed questionnaire. �-1 (The lass requires that you file an updated completed questionnaire with the appropriate filirig authority not later than 7" business day after the date the nriginall) tiled questionnaire becomes incomplete or inaccurate.) r 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. 13.C. & D) must he completed lbr each officer with whom the tiler has an employment or other business relationship as defined by Section 176.001 (I-a). Local Government('ode. Attach additional pages to this form ( IO as neeessar.v. 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? JYes No 13. 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 go\ernment officer named in this section AND the taxable income is not received from the local go\ernmcntal entit\? l-J Yes Li \o ( - 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 It)percent or more? Yes No I). Describe each employment or business relationship with the local government officer named in this section. ,I.' ' ` I.Q. w4 t..-A-- -- --..1/- y- •zois" Signature of.person doing business with the governmental entity Date Page 12 0l'1 7 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 gny 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 13 of 17 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.: Department, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas.Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.. City of Port Arthur. Port Arthur, TX 77640 Page 14 of 17 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 15 of 17 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 16 of 17 JL 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 17 of 17 P. R. 19235 12/4/15 rtb 1 Exhibit E P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or "CITY", and Knife River-Beaumont,Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CON TRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas Knife River, Beaumont, Texas BY: BY: Brian McDougal Representative City Manager DELORIS"BOBBIE"PRINCE,MAYOR KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City City oj '� wr BRIAN MCDOUGAL CITY MANAGER COUNCIL MEMBERS: f� RAYMOND SCOTT,JR. s ; SHERRI BELLARD,TRMC TIFFANY HAMILTON r}r t r 1 it uCITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY t air, VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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 Purchasing Division/Finance Department Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4m Street I Port Arthur,Texas 776411 409.983.8160 1 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4of17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". • 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges,Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges.Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps,when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Light-weight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40,shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 'V2 sack; or, will be considered base bid. sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: Y2 sack mix is the base bid. Each half sack of cement increment,whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4,2015 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A.Type"PE"Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type"PE"Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ /ton $ /ton $ /ton 3. Limestone $22.00 /ton $22.00 /ton $ 22.00 /ton 4. 610 Base Limestone $41.50 /ton $ 36.00 /ton $41.50 /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type "D" Asphaltic Concrete Pavement $ /ton $ /ton $ /ton 7. Romayor Sand $ /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $27.50 /ton $ 22.00/ton $27.50 /ton 9. A. '/z sack incremental increase to base bid $ 3.00/ton $ 3.00to11 $ 3.00/ton B. 'A sack incremental decrease to base bid $ 3.00 /ton $ 3.00 /ton $ 3.00 /ton 10. Concrete Rubble,0"-8" size mixed $ /ton $ /ton $ /ton 11. A. Hearth slag, 0"-1'/z"size $ /ton $ /ton $ /ton B. Hearth slag, 1'Y2"-3" size $ /ton $ /ton $ /ton l( I oa f2v15 e Date Page 8 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ 43.50/ton $ 36.00 /ton $ 43.50/ton 13. Grade 4 Commercial Rock $ 43.50/ton $ 36.00/ton $ 43.50 /ton 14. 5/8"Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,plant or shipping point: Dollinger Plant-2120 North 7th Street,Beaumont,TX 77703 Bridge City Plant-3116 Texas Ave.Bridge City,TX 77611 Sour Lake Plant-2225 S. Hwy 327,Sour Lake,TX 77659 Knife River South 4825 Romeda Road COMPANY NAME STREET ADDRESS 101111111111111111111 PO Box 20257 ATIIRE OF BIDDER P.O.BOX Brian Miller Beaumont, TX 77720 PRINT OR TYPE NAME CITY STATE ZIP Aggregate Operations Manager 409 842-2100 TITLE AREA CODE TELEPHONE NO. Brian.Miller@Kniferiver.com 409 842-9393 EMAIL FAX NO. Page 9 of 17 NONCOLLUSION 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 wow- Printed Name: Brian Miller Title: Aggregates Operations Manager Company: Knife River South Date: Novemeber 3. 2015 SUBSCRIBED and sworn to before me the undersigned authority by 141;11cr the 3rd of, Nov. on behalf of said bidder. ANN BERNARD RO Notary Public,State of Texas Notary Public in and for the h My Commission Expires State of Texas '•.;f o,:;;' October 10, 2018 , lik kA A My commission expires: 10 I(b I 724i Page 10 of 17 SIGN HERE AFFIDAVIT All p: . in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of th .',piny whose signature is binding. The •dersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Knife River South November 3, 2015 Firm Name Date - ,, Aggregate Operations Manager A : 'r el Signature Title Brian Miller 409-842-2100 Name(please print) Telephone Brian.Miller@Kniferiver.com Email STATE: Texas COUNTY: County SUBSCRIBED AND SWORN to before me by the above named Brian Miller on this the 3rd _ — _ day of November , 20 15 . '= ANN BERNARD �' thCf .$,1:-F.1= �e`,= NotaryPublic.State of Texas 0 IF My Commission Expires N r UlJ iC ,, ;i" III .$ October 10, 2018 I ,RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 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. N/A 2. �I Check this box if you are filing an update to a previously filed questionnaire. I I (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7'"business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? flYes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? ov l I 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 u No D. Describe each employment or business relationship with the local government officer named in this section. 4. Nov. 3, 2015 Sign. .- :+ doing business with the governmental entit Date Page 12 of 17 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 13 of 17 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.: Department, 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 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17 P. R. 19235 12/4/15 rtb Exhibit F P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called"OWNER"or "CITY",and APAC—Beaumont,Texas ,hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1)year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies,tools, equipment, labor, and other services necessary to connection therewith,excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas APAC - Texas, Beaumont, Texas BY: BY: Brian McDougal Representative City Manager sl37'.j /i DELORIS`BOBBIE"PRINCE,MAYOR =� AN MAG KAPRINA RICHARDSON FRANK,MAYOR PRO TEI11 City raj z: BRIAN G CITE'MANAGER r ER COUNCIL MEMBERS: RAYMOND SCOTT,JR. 1 SHERRI BELLARD,TRMC TIFFANY HAMILTON ;j pi r r CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY 7�s.Vrrs �'AL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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 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 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4of]7 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". • 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges,Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC)." 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A.Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5of17 • B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 'A sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: 1/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 , • CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE"Grade 3 Precoated ES l0 Aggregate $/1'..5-' /ton $Yo r/ton $ Ii " ton B. Type "PE"Grade 4 Precoatedac;•0tf Aggregate $(Q7,' /ton $&p3 /ton $09.-/ton 4, Do 90 2 .Blackbase $ 70. /ton $/gyp • /ton $70, /ton 3. Limestone $ 46/ton $ NI a /ton $ 46/ton 4. 610 Base Limestone $ /ton $3Z.t�ton $38.s-/ton 5. Type "D"Hotmix Asphaltic qo yo Concrete PVT $7S• /ton $(pS. /ton $7S /ton 6. Hotmix Cold Laid Type "D" eir,Zfoo Z s Asphaltic Concrete Pavement $ . /ton $ 73./ton $ 79'/ton 7. Romayor Sand $ Wd /ton $ /3/43 /ton $0/6 /ton 8. Cement Stabilized Sand (Base Bid) $ 1 18 /ton $ AO) /ton $4/6 /ton 9. A. '/2 sack incremental increase to base bid $ri/b /ton $N/ /ton $AJ/13 /ton B. '/2 sack incremental decrease to base bid $ N,b /ton $ Nit,/ton $ N46/ton ZS Co Zr 10. Concrete Rubble, 0"-8" size mixed $2.4. /ton $Zp, /ton $ 247ton H. A. Hearth slag, 0"-1'/2 " size $Nif /ton $ '46 /ton $ N/6/ton B. Hearth slag, 1'/2"-3" size $ 'I,5 /ton $ NIb/ton $ 4/ /ton Aill.4110 Signature Date Page 8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE /S So7S 12. Grade 3 Commercial Rock $7 • /ton $7-4 !/ton $Sc. /ton 13. Grade 4 Commercial Rock $45...1'f/ton $3'L'/ton $'t5. /ton 14. 5/8"Limestone Aggregate $ till) /ton $N/ /ton $ N/A/ton Location of stockpile,plant or shipping point: 84.0 ! /,46 ' a c ztt.(. Ir A Gt, Hor'Mix !S 4uo7 �tLi vtic�,o Y�AI -7x'-01b440 .1."- 74.6.44. (I Sr.,ys/eoi+o Au, avec flt415,4crt %IAK dt. s:ti#Ptc v A IPA. As pkt.Ll r.,.p &VT 4s/i.412) e&:› /9/4i6_ C MPANY NAME STREET ADDRESS • -ter- _ D. ,„ Zo7749 SI' NATURE OF BIDDER O. BOX eirlego6e--• 444nvwat- 7-77zo PRINT OR TYPE NAME CITY STATE ZIP iK 'k. ZB, 24,ezD TITLE AREA CODE TELEPHONE NO. KA ru fie di e coin s,, JPG 6 /0.32- EMAIL 03zEMAIL FAX NO. Page 9 of 17 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 els bid proposal. Signature: Printed Name: e rt4646_. Title: Company: � k � Date: 11/3/15 SUBSCRIBED and sworn to before me the undersigned authority by )(1.ed5ltie of v•,)on behalf of said bidder. a[� Notary Public in an -for the State of Texas KIMBERLY KAY WORK Notary Public, State of Texas L My Commission Expires My commission expires:D�N o �j %U\ ,;;;6.'i;. October 31, 2016 Page 10 of 17 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: 1, I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. /11046 - 7&4-5 ///3//S Firm Name Date /yl Yre,t! Authorized Signature Title 6L TL.E 1r.L- `f09 ZSSZ Zhao Name (please print) Telephone rh vu�l � et.pa4. . Email STATE: COUNTY:SUBSCRIBED AND AND SWORN to before me by the above named —e -¢ on this the day ok\.a ►-. 20\c-D. KIMBERLY KAY WORK �-� cam- _°.;4: Notary Public,State of Texas Nota Public n i My Commission Expires J October 31, 2016 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 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. 1QF.� 4.../aerLica? 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. De: e each emilo • ent o,busi •lationshie with the local •overnment officer named in this section. INar 4. //1 3//J� Si 4 ature of person doing business with the governmental entity Date Page 12 of 17 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 13ofl7 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.: Department, 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 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17 P. R. 19235 12/4/15 rtb Exhibit G P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER"or "CITY", and Vulcan Materials—Beaumont,Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed,unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies,tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas Vulcan Materials, Beaumont, Texas BY: BY: Brian McDougal Representative City Manager DELORIS"BOBBIE"PRINCE,MAYOR • KAPRINA RICHARDSON FRANK,MAYOR PRO TEM Cityr; "- v".'-"1- BRIAN MCDOUGAL CITY MANAGER f COUNCIL MEMBERS: '' r RAYMOND SCOTT,JR SHERRI BELLARD,TRMC TIFFANY HAMILTON t)t t rth CITY SECRETARY ur MORRIS ALBRIGHT STEPHEN A.MOSELY Ti.ms VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWAT! DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4`h 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 Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O. Box 10891444 40,Street I Port Arthur,Texas 77641! 409.983.8160 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2of17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: • City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4of17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W' to dust, No Clay Binder, Texas Highway Department,Item 247. Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 33.1, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- V2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" Grade 3 0 0-2 20-35 85-100 95-100 - #4 #10 99- Commercial 99-I 00 Rock Grade 4 0 0 0-2 20-35 - Commercial 95-100 99-100 Rock 5/8" 0 3-15 50-70 90-100 Limestone 95-100 97-100 Aggregate - Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 1. A.Type "PE"Grade 3 Precoated 3% , 38 Aggregate $Z3 /ton $ 22.� Eton $ 8 Eton B. Type "PE"Grade 4 Precoated 3132 Aggregate $24 /ton $23 /ton $8* /ton 2. Blackbase $ /ton $ /ton $ /ton 45 3. Limestone $2t /ton $ 2 L. /ton $l /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type"D"Hotmix Asphaltic Concrete PVT $ ton $ /ton $ /ton 6. llotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ lion $ ton $ `ton 7. Romayor Sand $ /ton $ :'ton $ Eton 8. Cement Stabilized Sand (Base Bid) $ /ton $ ton $ 'ton 9. A. '2 sack incremental increase to base bid $ /ton $ 'ton $ 'ton B. ''2 sack incremental decrease to base bid $ /ton $ :`ton $ /ton 10. Concrete Rubble,0"-S" size mixed $ /ton $ `ton $ /ton 11. A. I[earth slag, 0"-1' .. " size $ /ton $ ton $ /ton B. hearth slag, I1:"-3" size $ /ton $ ton $ lion 7_ .7/ Si/nature Date Pace 5of17 CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5.8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile,.plant or shipping point:_La ____Laa.ci_Cs___Irirtit QazoLvvr ,. - erg_(.424 Pvcp. U w4.1de '[rxctc_.. . Yu I CGV► Motky1at5 ('_,rwy l STREET ADDRESS L '' COMPANY NAME SIGN TURE OF BIDDER P.O. BOX . I cc:,�c k > ltis -1-1-1(.1 4 PRINT OR TYPE NAME CITY STATE ZIP 9z041- - -riot - Z0 TITLE AREA CODE TELEPHONE NO. 'SSS 11,ee c3 VMCwtail• COO-, ci" 2_12- 93.1 ?". EMAIL FAX NO. Page 9 of 17 DELORIS"BOBBIE"PRINCE:,MAYOR �5 BRIAN:MCI)OUGAL KAPRINA RIC)IAKI)SON FRANK,MAYOR PRO TEM e CITY MANAGER COUNCIL MEMBERS: /4) SHERRI BELLARD.TRMC RAYMOND SCOTT.JR. CITY SECRETARY TIFFANY HAMILTON ort /r!lr rr r MORRIS ALBRIGH 1' f , :., YAL TILENO STFPIIFN A.MOSELY CITY ATTORNEY WILLIE"BAF."LEWIS,JR. OSMAN SWAT! DERRICK FREEMAN OCTOBER 14, 2015 INVITATION TO BID Road Building Materials DEADLINE: Scaled Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers,City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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(a'portarthurtx.aov Purchasing Division/Finance Department I Purchasing Manacer,Shawna Tubbs,CPPD CI'PB PD. Box 10891434 4'b Street I fort Arthur,Texas 77641 I -109.983 8160 (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. Clifton Williams,CPPB Acting Purchasing Manager Page 2of17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No } Does your company provide this product or services? Were the ssecifications 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 $roduct 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: Pace 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID 1S NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT -- PAGE II (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 uC 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate or Surface Treatment (Pre-coated)" A. Type "PE" Grade 3 13. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W to dust, No Clay Binder,Texas Highway Department,ltent 247, Type "A ". Grade !. 4. 610 BASE LIMESTONE: Grey Rock. 5. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-prix Asphaltic Concrete Paverrtertt-Tape "D "and Iteral # 341 "Dense-Graded Hot-Mix Asphalt(0/1:0C). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges, Iter: 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and!teat #341 " Dense- Graded Hot-Mix Asphalt (QA.QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials,and meet the following requirements: Sleeve Size Passing 3'8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C 142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5ol17 B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 10000 No. 200 5 - 30°0 D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM Cl 50 (latest revision). Type l - 1- '2 sack; or, will be considered base bid. ' sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than l 12 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: 12 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-W' size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site,and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings PE 0,75" 0.675" .5" 0.375" 10.25" - #4 #10 Grade 3 0 0-2 0 20-35 85-100 95-100 1 99-100 Commercial TYPE Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 518" 0 3-15 50-70 90-100 95-100 97-100 Limestone . Aggregate I Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6o917 AWARD I. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 af 17 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: ScAz.2__Ree, Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by Cthe A13\of, '2°Ion behalf of said bidder. Note Public in and for the STEphiNiE M GAMER State of Texas NOTARY PUblIC STATE Of TEXAS ,rI 1 4 j 4-oF1t,*'. My Comm. Exp. MAy 27, 2019 My commission expires: J 1 Page 10 of 17 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: ZI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. "Niu 1 r n;i rvil_Cti'D 61. c 1-_.m1O611 l02F/ i5- Firm Name Date '4./ ,,l' yi 4--/-.."'." ...cleS kr-e Authorized Signature Title y orcin. L. circ Lte' met' -- 1q q Zo - Name(please print) Telephone Email STATE: lk COUNTY: ;ji stvN SUBSCRIBED AND SWORN to before me by the above namedvc'... t-\\ JA9---N- I�-- on this the �� ° day of � ��, ..t i 4,/ l., i ,A-4,/,,L.- gA 04"1/80e STEpI1INiE M GAMERNota Public * A.1� * NOTARY Public r\ STATE Of TEXAS 1 'fitor, My Comm. Exp. rvRyE2T,IJ i+ . THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page I 1 of 17 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 I LB. 1491.80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7Ih 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. I.Name of person who has a business relationship with local governmental entity. N " 2. 7Check 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 tiling authority not later thou 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.13.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 tiler 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 oldie 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 I). Describe each employment or business relationship with the local 'overnment officer named in this section. -1— 1® ( 271 1V Signature o erson doing business with the governmental entit _Datc Page 12 of 17 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 exceptions)/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: I. 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. !lave 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 13of17 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.: Department, 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 60t f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of'Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax: therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 Page 14 of 17 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 15 of 17 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: Z. 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 personi$500,000 per occurrence for contracts of S 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$100.000: and. b. Property Damage$I00,000 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 arc provided, minimum limits arc $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. ['ate 16 of 17 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. Pace 17 of 17 P. R. 19235 12/4/15 rtb Exhibit H P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or "CITY", and LD Construction—Beaumont, Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies,tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. P. R. 19235 12/4/15 rtb OWNER CONTRACTOR City of Port Arthur, Texas LD Construction, Beaumont, Texas BY: BY: Brian McDougal Representative City Manager DELORIS"BOBBIE"PRINCE,MAYOR • KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City if r BRIAN MCDOUGAL ✓i : .." � CITY MANAGER COUNCIL MEMBERS: RAYMOND SCOTT,JR. jJ`�''` SHERRI BELLARD,TRMC TIFFANY HAMILTON or: rth u r " CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY 7i,vas VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the Cit Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. y MARK ENVELOPE: P15-076 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY SECRETARY CITY OF PORT ARTHUR P.O. BOX 1089 or CITY SECRETARY PORT ARTHUR, TEXAS 77641 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in vritinR to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a�portarthurtx.gov Purchasin• Division Finance De.artment Purchasin. Mana_er Shawna Tubbs CPPO CPPB P.O. Box 1089(444 4th Street 1 Port Arthur,Texas 77641 1 409.983.8160 1 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 acce ted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment(Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department,Item 2-17, Type "A , Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt(QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 33-1, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 1/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: V2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" Grade 3 p 0.25" #4 #10 0-2 20-35 85-100 95-100 Commercial 99-100 Rock Grade 4 0 0 0-2 20-35 Commercial 95-100 99-100 Rock 5/8" 0 3-15 50-70 90-100 Limestone 95-100 97-100 A::re_ate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type "PE" Grade 3 Precoated Aggregate $ /ton $ /ton $ /ton B. Type "PE" Grade 4 Precoated Aggregate $ /ton $ /ton $ /ton 2. Blackbase $ 7 k /ton $ '/n $7 lO /ton 3. Limestone . $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ /ton 5. Type "D" Hotmix Asphaltic Concrete PVT $ 7b /ton $ /ton $ 7&/ton 6. Hotmix Cold Laid Type "D" 00 G� Asphaltic Concrete Pavement $ On $ 7 Ston $ /ton 7. Romayor Sand $ /ton $ /ton S /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ /ton 9. A. Y2 sack incremental increase to base bid $ /ton $ /ton $ • /ton i _ B. '/2 sack incremental decrease to base bid $ /ton $ /ton $ /ton 10. Concrete Rubble, 0"-8" size mixed $ /ton $ /ton S /ton 11. A. Hearth slag, 0"-11/2 " size $ /ton $ /ton S /ton B. Hearth slag, 1'/2"-3" size $ /ton $ /ton S /ton aoff Signature Date Page 8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET PAGE 2 OF 2 ITEM # DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ /ton $ /ton $ /ton 13. Grade 4 Commercial Rock $ /ton $ /ton $ /ton 14. 5/8" Limestone Aggregate $ /ton $ /ton $ /ton Location of stockpile, plant or shipping point: /46 g_PLI/7/_-/71 149 SO- tA the/4-4 Ail AdgdW COMPANY NAME STREET ADDRESS J GNATURE OF BIDDER P.O. BOX Tt 77707 PRINT OR TYPE NAME CITY STATE ZIP ,Pa- '72 ,7 TITLEl6,61 AREA CODE TELEPHONE NO. hi9n/ d/iC,,/ 4e/ d9 -1/ /17 EMAIL FAX NO. Page 9 of 17 DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM (pity,of sv CITY MANAGER COUNCIL MEMBERS: /,,` � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ort /r t lr "' CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT • rera.r VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI DERRICK FREEMAN OCTOBER 14, 2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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 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 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? ✓ Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? f Does your present work load permit additional work? Comments/Other Suggestions: Company Name: "X.- Person Completing Form: Telephone: fadj/)1(- / --re -7 2%2 Mailing Address: Email: /4'2".511 0411/d )5i2a'ad'2/e'.de/geiv Ci , State, Zip Code: Date: 5 Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET -PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT - PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT - PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment (Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A" BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder,Texas Highway Department,Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt (QA/QC)." 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt (QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4) or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D.Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- 1/2 sack; or, will be considered base bid. 1/2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 I/2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: V2 sack mix is the base bid. Each half sack of cement increment, whether additional or less,will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Depaitiuent. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 #10 Grade 3 0 0-2 20-35 85-100 95-100 99-100 Commercial Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 95-100 97-100 Limestone Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: ki4Gq,e� Company: �: Cn-- Date: �c// - iC ,2/./ Vfy SUBSCRIBED and sworn to before me the undersigned authority by adlorktheM /of, g1a1441---' behalf of said bidder. 41/1\_- Notary \Notary Public in .dflor the State of Texas My commission expires: d��Z9/•ZG/7 0\1lcK1'10L Y1", ,//i �`` ��p�ARYPU•:� '��� s �, 9 FP6 '••' Page 10 of 17 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 7 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. , 40 / : / / /_ ,01/240(4 Zei, Firm)me Date P----- Authorized ig nature Title ''l� L2tl '666-727 Name (ple se print) Telephone Ada .&772 Email STATE: /. _i COUNTY: ./ ' ' ' I/ SUBSCRIBED AND SWORN to before me by the above named Mt/ d#4.17(.____ ����`►►►►►1u'llul��/ \I\cKl LYTLF��ii�� , r" P '• :4 Uel/C•. on this the 17/04 day ofkW/A_ , 20 /, — "4-. 0 1 f 1 1 Notary Publi4y S ... ite OF .•: // i �c"9-2011 $���' //0/IIIIIIN►N0 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 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 7`h 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. r 1.Name of person who has a business re tionship with local governmental entity. 2. /T 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 /1 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? Yes1---4/ No D. Describe each employment or business relationship with the local government officer named in this section. 4. I X11 " I Signature of pe n doing business with the governmental entity II ate Page 12 of 17 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 13 of 17 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.: Department, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 14 of 17 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 15 of 17 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 16 of 17 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 17 of 17 P. R. 19235 12/4/15 rtb Exhibit I P. R. 19235 12/4/15 rtb MATERIALS SUPPLY AGREEMENT Road Building Materials THIS AGREEMENT, made this the of , 2016,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER"or "CITY", and Mid-County Land Company—Nederland, Texas , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes,but is not limited to, funding not being available in any budget cycle within 30 days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract,the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required on CONTRACTOR in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid. 5. This is not an exclusive contract, and the City reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the City. 6. The term"Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information* 4) Specifications 5) Bid 6) Addenda 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. 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. DELORIS"BOBBIE"P RINCE,MAYOR KAPRINA RICHARDSON FRANK,MAYOR PRO TEM ;r.f, = I- BRIAN CITY G e� MANAGER R Aft COUNCIL MEMBERS: ���; ;51,1 �I!1 RAYMOND SCOTT,JR. ' '' ` SHERRI BELLARD,TRMC TIFFANY HAMILTON Orr rthur CITY SECRETARY MORRIS ALBRIGHT STEPHEN A.MOSELY Vit' }'ns VAL TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI DERRICK FREEMAN OCTOBER 14,2015 INVITATION TO BID Road Building Materials DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 4, 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, November 4, 2015 in the City Council Chambers, City Hall, 5Th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-076 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 4 STREET, `h 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 writin,L'to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.will iams�a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 I 444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 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. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 17 INVITATION TO BID ROAD BUILDING MATERIALS (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 17 AUTOMATIC DISQUALIFICATIONS OF BID 1. BIDDER DOES NOT WRITE IN PEN. 2. BID IS NOT IN UNIT OF MEASURE STATED ON BID SHEET. 3. BIDDER MAKES A CHANGE ON THE BID AND DOES NOT INTIAL BY THE CHANGE 4. THE BIDDER DOES NOT RETURN THE FOLLOWING FORMS FILLED OUT COMPLETELY. A. BID SHEET-PAGES 8 & 9 B. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12 (IF THERE IS NO CONFLICT BIDDER MUST WRITE N/A ON LINE 1 AND SIGN AND DATE ON LINE 4). Page 4 of 17 SPECIFICATIONS FOR ROAD BUILDING MATERIALS 1. AGGREGATE FOR SURFACE TREATMENTS (PRECOATED): Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Road and Bridge Construction, Item 302 "Aggregate/or Surface Treatment(Pre-coated)". A. Type "PE" Grade 3 B. Type "PE" Grade 4 2. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "A"BASE MATERIAL (BLACK BASE) Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 292 "Asphalt Treatment (Plant- Mixed)". 3. LIMESTONE BASE MATERIALS: Limestone Base Material 1W'to dust, No Clay Binder, Texas Highway Department, Item 247, Type "A ", Grade 1. 4. 610 BASE LIMESTONE: Grey Rock. S. HOTMIX ASPHALTIC CONCRETE PAVEMENT TYPE "D": Material provided for under this item shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highways, Streets and Bridges, Item No. 340 "Hot-mix Asphaltic Concrete Pavement-Type "D "and Item # 341 "Dense-Graded Hot-Mix Asphalt (QA/QC). " 6. HOTMIX COLD LAID ASPHALTIC CONCRETE PAVEMENT TYPE"D": Materials shall comply with the Texas Highway Department 2004 Standard Specifications for Construction of Highway, Streets, and Bridges,Item 334, "Hot-mix Cold Laid Asphaltic Concrete Pavement-Type "D and Item #341 "Dense- Graded Hot-Mix Asphalt(QA/QC). " 7. ROMAYOR SAND: This specification governs for the furnishing of Romayor Sand at the point of delivery to be designated by the City. The material shall consist of durable particles of sand together with approved binding materials, and meet the following requirements: Sleeve Size Passing 3/8" 100 #4 95 to 100 #8 80 to 100 8. CEMENT-STABILIZED SAND A. Deleterious Materials (1) Clay lumps, when tested in accordance with ASTM C142 shall be less than 0.5 percent. (2) Lightweight pieces, when tested in accordance with ASTM C 123 shall be less than 5.0 percent. (3) Organic impurities when tested in accordance with ASTM C40, shall not show a color darker than the standard color. Page 5 of 17 B. The plasticity index shall be four(4)or less when tested in accordance with ASTM D4318. C. Sand shall be free of organic matter and deleterious substances and shall meet the following gradation requirement. Square Sieve Size Percent Passing, By Weight 3/8" 100% No. 200 5 - 30% D. Water shall be clean and clear, free of oils, acids, alkalis, organic matter or other deleterious substances and shall conform to the requirements of ASTM C94 E. Portland Cement: ASTM C150 (latest revision), Type I - 1- %2 sack; or, will be considered base bid. %2 sack increments increase shall also be bid. F. Water: Fresh and clean potable water. G.Mixing: Use not less than 1 %2 sacks per ton of cement mixed as ordered. Use amount of water required to provide mix suitable for mechanical hand-tamping and mix in approved mixer. 9. ADDITIONAL OR REDUCED CEMENT: '/2 sack mix is the base bid. Each half sack of cement increment, whether additional or less, will also be quoted. 10. CONCRETE RUBBLE: Concrete rubble, 0"-8" size mixed, without reinforcing steel or other foreign matter intermixed. 11. HEARTH SLAG: Hearth Slag from steel production, free of foreign matter with cost subject to availability of material of the source. 12. EMBEDMENT MATERIALS: A. Embedment Materials for the City of Port Arthur Utility Operations Department. All materials shall be loaded and weighed at the supplier's site, and issued a weight certificate of delivery. B. All Embedment Materials shall be certified to meet the following requirements: 0% Retained on square sieve openings TYPE 0.75" 0.675" 0.5" 0.375" 0.25" #4 Grade 3 0 0-2 20-35 85-100 95-100 # Commercial 99-1000 Rock Grade 4 0 0 0-2 20-35 95-100 99-100 Commercial Rock 5/8" 0 3-15 50-70 90-100 Limestone 95-100 97-100 Aggregate Although bids are received for materials that meet the minimum requirements previously stated, this is not intended to be the only factor in recommending award of this contract. Page 6 of 17 AWARD 1. The contract is for one year. 2. The City will award to multiple contractors. 3. The City will contact the lowest awarded contractor first. If the contractor is unable to supply the materials in a timely manner, the City will contact the next lowest awarded contractor. Page 7 of 17 P'q CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 1 OF 2 BID FOR: Road Building Materials BID DUE DATE: November 4, 2015 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 1. A. Type"PE" Grade 3 Precoated Aggregate $ - /ton $ - /ton $ - /ton B. Type "PE"Grade 4 Precoated Aggregate $ /ton $ - /ton $ ' /ton 2. Blackbase $ ` /ton $ - /ton $ — /ton 3. Limestone $ /ton $ /ton $ /ton 4. 610 Base Limestone $ /ton $ /ton $ - /ton 5. Type "D"Hotmix Asphaltic Concrete PVT $ /ton $ /ton $ /ton 6. Hotmix Cold Laid Type"D" Asphaltic Concrete Pavement $ /ton $ " /ton $ -- /ton 7. Romayor Sand $ ' /ton $ /ton $ /ton 8. Cement Stabilized Sand (Base Bid) $ /ton $ /ton $ -f /ton 9. A. %2 sack incremental increase to base bid $ /ton $ /ton $ /ton B. %2 sack incremental decrease to base bid $ /ton $ /ton • $ J /ton S oo 10. Concrete Rubble, 0"-8"size mixed Si in /ton $1 I. '/ton $11457ton 1 I. A. Hearth slag, 0"-11/2"size $ /ton $ /ton $ /ton B. Hearth slag, 1'/2"-3" size $ " /ton $ "/ton $ /ton WI f Signature Date Page 8 of 17 • a.0.6k /'ON CITY OF PORT ARTHUR,TEXAS BID SHEET PAGE 2 OF 2 ITEM# DESCRIPTION STOCKPILE PLANT WORKSITE 12. Grade 3 Commercial Rock $ — /ton $ J /ton $ /ton 13. Grade 4 Commercial Rock $ — /ton $ ' /ton $ - /ton 14. 5/8"Limestone Aggregate $ /ton $ — /ton $ — /ton Location of stockpile, plant or shipping point: Dl Ob `ikauSki ita C l rLt e. P u '\ kx-ww-i 11o4 0 NMS ot, (oaruty t (Roam] Ltc- vino industiriul C irc,le.i POO t r,111100 COMPANY NA E STREET ADDRESS P-U• 6a x G SI NATURE OF' BIDDER P.O. BOX Frac\ s. ve mon Nec a1M 1 (Dal PRINT OR TYPE NAME CITY STATE ZIP 90CVAtr Clot) 111 —d-(461 TITLE AREA CODE TELEPHONE NO. 6.0.qtrka, C akk .re\T NA ) 1 (A, -a.1aq EMAIL FAX NO. Page 9 of 17 F..a 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 develo ment and submission of this bid proposal. Signature: Printed Name: V� ( cVCPr Title: Tal Company: (oun 401\6[ (c f 4 \ Lta_ Date: (3/ i5 l (d SUBSCRIBED and sworn to before me the undersigned authority by JeStlihe 9J of, 90D15-on behalf of said bidder. ,/ xA�. -11 ti'1� � TABATHARMATkEWSON Notary Public in nd or the � NOTARY PUBLIC State of Texas \J,r STATE OF TEXAS MY COMM.EXP,7-21-2018 My p iI i a 1 aC 8 commission expires: Page 10 of 17 ells) rah) ROBW3HTAM fl AHTAHAT OU8V1 YRATOlel **)) 2AX3T O 3TAT2 8 MS-tS-T 9X3.MMOO YM 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. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. M\& (ffit6.1 Lava Comqiutki .�a Firm Name Date Authorized Signature Title \HANAn LV`i ) Name(please print) Telephone (�id.(0 Lave @.aw. \Lk. Email rABA ARYumSON STATE: TeJCLLS OP Or, STATE OF TEXAS COUNTY: e-4'.615'1 MY COMM.E%P.7-21-2o1e SUBSCRIBED AND SWORN to before me by the above named S .SQ4/(atf 0 INA on this the od day of('\ t e , 20 1 . \• 4�_ ill Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 (30.) • • • , •• .„ • • • ... • • , • • • • . . _ , ' -s 1402W3HTAM A AHTAEAT 01J8U9 YRATOII eAxsT ROSTATZ (*NI) 810S-rs.N.51X3.MMOO YM CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by N.B. 1491,80`h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`h 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. k j/A 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 r---1 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 relationsh. ,ith the local government officer named in this section. 4. 31 i 1 S Sig re of person doing business with the governmental entity Date Page 12 of 17