HomeMy WebLinkAboutPR 20121: CITY MANAGER AGREEMENT WITH IMPACT WASTE, LLC P.R.No.20121
02/08/18/ca
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH IMPACT WASTE, LLC OF BEAUMONT, TEXAS, FOR THE
RENTAL OF REGULAR TOILETS IN THE NOT TO EXCEED AMOUNT OF $25,000.00
ANNUALLY, AND SPRINT WASTE SOLUTIONS, LP OF PORT ARTHUR, TEXAS FOR
WHEELCHAIR ACCESSIBLE TOILETS, ADA ACCESSIBLE TOILETS, AND
PORTABLE TOILETS WITH HAND WASHING STATION IN THE NOT TO EXCEED
AMOUNT OF $10,000.00 ANNUALLY, FOR THE PARKS AND RECREATION
DEPARTMENT; FUNDING AVAILABLE IN PARKS AND RECREATION RENT
ACCOUNT NO. 001-1207-531.51-00
WHEREAS, on January 24, 2018 bids were received for the rental of portable chemical
toilets for the Parks and Recreation Department; and,
WHEREAS, the bids have been evaluated by the City staff and the Purchasing Manager;
and,
WHEREAS, the bid tabulation is attached hereto and made a part hereof as Exhibit "A";
and,
WHEREAS, the specifications required that the bidder specify rates for the following
categories: regular toilets, wheelchair accessible toilets, ADA accessible toilets, and portable toilets
with hand washing station; and,
WHEREAS, the Parks & Recreation Department will service only twice a week; and,
WHEREAS, Impact Waste, LLC of Beaumont, Texas and Sprint Waste Solutions, LP of
Port Arthur, Texas was the lowest and most responsible bidders for regular toilets, wheelchair
accessible toilets, ADA accessible toilets, and portable toilets with hand washing station as shown
in Exhibit"B"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby awards a one (1) year
contract with an option to renew for two (2) additional one-year periods for the rental of regular
toilets to Impact Waste, LLC of Beaumont,Texas, and wheelchair accessible toilets, ADA
P. R.No.20121
02/08/18/ca
accessible toilets, and portable toilets with hand washing station to Sprint Waste Solutions, LP of
Port Arthur, Texas, for the Parks and Recreation Department.
Section 3. That the City Manager of the City of Port Arthur is hereby authorized and
directed to execute a one (1) year contract with the option to renew for two (2) additional one-
year periods with Impact Solutions. LLC not to exceed $25,000.00 annually and Sprint Waste
Solutions, LP not to exceed $10,000.00 annually, in substantially the same form as Exhibits "B"
and"C"respectively.
Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED and APPROVED this day of ,A.D.,
2018, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Derrick"Ford"Freeman
Mayor
ATTEST:
Sherri Bellard
City Secretary
P. R. No. 20121
02/08/18/ca
APPROVED AS TO FORM:
Val
Val Tizeno, E .
City Attorne
APPROVED FOR ADMINISTRATION:
Harvey Robinson
Interim City Manager
Kandace Tappen
Assistant City Manager
Interim Director of Parks and Recreation
APPROVED AS TO AVAILABILITY OF FUNDS:
1l ,
A ke4/ Re 4 ..oma ASA FiiJAIS ec 0 r Q4Cce.
Andrew Vasquez, CPA
Director of Finance
Clifton ' illiams
Purchasing Manager
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EXHIBIT C
CONTRACT FOR THE RENTAL OF WHEELCHAIR
ACCESSIBLE TOILETS, ADA ACCESSIBLE TOILETS AND
PORTABLE TOILETS WITH HAND WASHING STATION
THIS AGREEMENT, made this day of , 2018, 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 Catherine Hillin herein acting by and through
Sprint Waste Services, LP hereinafter called "CONTRACTOR".
WITNESSETH: 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 Contract shall be for one year from the date stated in the Notice to Proceed,
unless sooner terminated under the provision hereof, with an option to renew for two (2)
additional one-year periods. The City can terminate this contract at its convenience which
includes, but not limited to, funding being available in any budget cycle with thirty (30) days
written notice.
2. The Contractor will supply wheelchair accessible toilets, ADA accessible toilets and portable
toilets with hand washing station as stated in the Contract Documents.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms therein for the amount of $68.00 for
wheelchair accessible toilets, $68.00 for ADA accessible toilets, $66.00 for portable toilet
with hand washing station in an amount not to exceed $10,000 annually.
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for BIDS
3) Addenda
4) General Information
5) Specification
6) Bid
7) Notice of Award
Page 1 of 2
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an
original on the date first written above.
Signed on the day of 2018.
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY Harvey Robinson, Interim City Manager
Signed on the day of 2018.
WITNESS SPRINT WASTE SERVICE, LP
BY
PRINT NAME:
TITLE:
Page 2 of 2
DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON
CAL J.JONES,MAYOR PRO TEM ' ' INTERIM CITY MANAGER
COUNCIL MEMBERS: CI))'of - SHERRI BELLARD
� 1>tv} CITY SECRETARY
RAYMOND SCOTT.JR. ,j
KAPRINA RICHARDSON•FRANK
THOMAS KINLAW,III % Ort r t h u r VAL TIZENO
HAROLD DOUCET,SR. CITY ATTORNEY
WILLIE`BAE"LEWIS,JR. Texas
OSMAN SWATI
CHARLOTTE MOSES
JANUARY 8,2018
INVITATION TO BID
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, January 24, 2018. (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,January 24, 2018 in the City Council
Chambers,City Hall,5'h Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P18-028
DELIVERY ADDRESS: Please submit one (1)original and one(1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur,TX 77641
clifton.will iams a.portarthurtx.gov
Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983 8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the
City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope,with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 17
INVITATION TO BID
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
(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 thisproduct 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
CITY OF PORT ARTHUR TEXAS
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
The City is requesting bids on the rental of Portable Chemical Toilets.
REGULAR TOILETS,WHEELCHAIR ACCESSIBLE TOILETS,& ADA ACCESSIBLE TOILETS
1. The City will rent these portable toilets for our various parks and other locations.
2. The Portable toilets will be used in the following ways.
A. Remain on the premises year round(Barbara Jacket Park, Rose Hill Park,etc.)
B. Remain on premises until a Sports league season ends(Soccer, Softball, Football,etc)
C. Festivals and functions for individuals and Organizations(Mardi Gras,Mexican Heritage, Party)
3. The Vendor will provide bid to service the portable toilets 2, 3 & 5 times a week at the year round
locations.
4. The Vendor will service the portable toilets at Landfill three times a week at the year round locations.
5. The City will rent weekly and monthly.
PORTABLE TOILET WITH INTEGRATED HANDWASHING STATION
1. The City will rent portable toilets with integrated hand washing stations for our landfill, various parks
and other locations.
2. These will be used regularly at the Landfill and sparingly during festivals and functions for individuals
and Organizations(Mardi Gras, Mexican Heritage, Parties)
3. The City will rent weekly for festivals and functions.
4. The City will rent monthly for the Landfill.
5. It will be a two station Hand Washing Station.
6. Contractor must provide soap and paper towels in a dispenser.
Vendor is financially responsible for any damage or theft to the equipment.
CONTRACT PERIOD:
This Contract will terminate approximately twelve (12) months from date of execution with the option to renew
for two (2)additional one year periods.The City can terminate this contract at its convenience which includes,
but not limited to, funding being available in any budget cycle with thirty(30)days written notice.
Page 4 of 17
SUBMIT THE FOLLOWING FORMS
1. BID SHEET --PAGE 6. MAKE SURE TO FILL IN PRICE AND THE DAYS
2. NON-COLLUSION AFFIDAVIT— PAGE 7(MUST BE NOTARIZED)
3. AFFIDAVIT— PAGE 8 (MUST BE NOTARIZED)
4. CONFLICT OF INTEREST- PAGES 9& 10(IF IT APPLIES).
5. House Bill 89 Verification - PAGE 1 1
6. SB 252CHAPTER 2252 CERTIFICATION- PAGE 12
Page 5 of 17
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Rental of Portable Toilets for City of Port Arthur
BID DUE DATE: January 24, 2018
SERVICE
ITEM# DESCRIPTION A WEEK WEEKLY COST MONTHLY COST
1 REGULAR TOILETS 2 $ 85.00 Week $ 64 00 Month
2 REGULAR TOILETS 3 $ 97.00 Week $ 76.00 Month
3 REGULAR TOILETS 5 $ 121.00 Week ' $ 100.00 Month
WHEELCHAIR ACCESSIBLE
4 TOILETS 2 $ 110.00 Week $ 68.00 Month
WHEELCHAIR ACCESSIBLE
5 TOILETS 3 $ 122.00 Week $ 80.00 Month
WHEELCHAIR ACCESSIBLE
6 TOILETS 5 $ 146.00 Week $ 104 00 Month
7 ADA ACCESSIBLE TOILETS 2 $ 110.00 Week 5 68.00 Month
8 ADA ACCESSIBLE TOILETS 3 $ 122.00 Week $ 8000 Month
9 ADA ACCESSIBLE TOILETS 5 $ 146.00 Week $ 104.00 Month
PORTABLE TOILET WITH
10 HAND WASHING STATION 2 $ 115.00 Week $ 66.00 Month
PORTABLE TOILET WITH
11 HAND WASHING STATION 3 $ 127.00 Week $ 78.00 Month
PORTABLE TOILET WITH
12 HAND WASHING STATION 5 5 151.00 Week $ 102.00 Month
Sprint Waste Services,LP 1000 S Business Park Drive
COMPANY NAME STREET ADDRESS
CriC ‘
SIGNATURE OF BIDDER P.O. BOX
Catherine Hillin Port Arthur,TX 77640
PRINT OR TYPE NAME CITY STATE ZIP
Account Manager (409)736-3600
TITLE AREA CODE TELEPHONE NO
chillin@sprintwaste corn (409)736-2572
EMAIL FAX NO.
Page 6 of 17
CITY OF PORT ARTHUR,TEXAS
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: P ‘.0„,
Printed Name: 1 (\A
Title:
Genii�0akr
Company: SIr�n+ (,3PA
Date: /- 3-18
SUBSC IBED and sworn to fore me by the above named rtiltdJp. .311fon this the a3 rd
day of , 20 / .
1.12.......................................• 2Ut uth.- am,---040p.).aftil •
�` SEAENA ANN COPELANO I NotaryPublic in and for the
', — Notary 10 a 128460280 1 State of Texas
My Commission Expires 1 ��
.,�t,,. Decamber 2,2018 0 My commission expires:
Page 7 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.
Firm ame DateGsac l7ehQfGJ Akaaa3tr
� a oriz
Signatur Title
Namepan Sce ,C �- LJO9O 73b 3600
(please print) Telephone
h(-,opkck4 631A,Si*f . co
Email
STATE: j
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named Cilaik. 411liltlt
Yd
on this the �j day of 20 1E.
�(A`�� SERENA ANN CAPE al-1 l�'�—G�AA-10 611
"f- Notary ID s 128460280 Notary Public
1 ^` My Commis.lon Expires
..,r,,, December 2,2018 •
RETURN'1 HTS AnTbXVIT'AS PAT OF THE BID PROPOSAL
Page 8 of 17
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23,84th Log., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176 001(1-a) with a local governmental entity and the
vendor meets requirements under Section 179 006(e).
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 dale the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Goverrrnent Code
A vendor commits an offense if the vendor knowingly violates Section 176 006,Local Government Code An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
Jn
I ! Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you tile an updated
t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate)
J Name of local government officer about whom the information is being disclosed.
1 "IQ
Name of Officer
±1 Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income.
other than Investment income, from the vendor?
I-7 Yes n No
B. Is the vendor receiving or likely to receive taxable Income,other than Investment Income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes n No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership Interest of one percent or more,
J
I f Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
I as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176 003(a-1)
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics state tx us Revised 11 302015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found al help/leeway statutes.legis state tx us!
DocsILG/htm/LG.176 htm.For easy reference,below are some of the sections cted on this form
Local Government Code§175.001(1-e):'Business relationship'means a connection between two or more parties
based on commercial activity of one of the parties The term does not include a connection based on'
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal state,or local governmental entity:
(B) a transaction conducted at a price and subject to terms available to the public,or
(C) a purchase or lease of goods or services from a person that Is chartered by a state or federal agency and
that Is subject to regular examination by.and reporting to,that agency
Local Government Code A 178.003(a)(21(A)end(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results an the officer or family member receiv ng taxable
income, other than investment Income,that exceeds$2.500 during the 12-month period
preceding the date that the officer becomes aware that
(i)a contract between the local governmental entity and vendor has been executed.
or
(ii) the local governmental entity is considenng entering into a contract with the
vendor;
(B)has given to the local government officer ora family member of the officer one or more gifts
that have an aggregatevahre of more than$100 n the 12-month period preceding the dale the
officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed or
(ii) the local governmental entity is consdering entering into a contract with the vendor
Local Government Code k 176.006(a)and la-11
(a)A vendor shall tile a completed confect of'n Wrest questionnaire If the vendor has a business relationship
with a local governmental entity and.
(1) has an employment or other business relationship with a local government officer of that local
govemmenta;ent.ty.or a family member 01 the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2XB),excluding any
gift described by Section 176.003(a.1):or
(3) has a family relationship with a local government officer of that local governmental entity
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application response to a request for proposals
or bids correspondence,or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer.or a
family member of the officer,described by Subsection(a).
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C)of a laml y relationship with a local government officer.
Fonn provided by Texas Ethics Commission www ethics Wee.tr us Revised 11/302D15
Page 10 of 17
SB 252
CHAPTER 2252 CERTIFICATION
i,
E)C.-\\0,.0 , the undersigned an representative
of ? ‘ oprs-c,
Sçr\A
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code,Chapter 2252,
Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the
Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,
Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
in
Name f Company Representative(Print)
I 1
Signa of Compan epresentative
Date
Page 11 of 17
House Bill 89 Verification
PI, \ ay\ h (Person name), the undersigned representative
(here fter refe red to as "Representative") of
At- Ik
(company or business name, hereafter referred to as
"Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn
by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur, and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli-controlled territory, but does not include an action made for ordinary business purposes.
—
S AT►RE OF "EP V SENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2 3 qday
of .V,(•.,r-c‘.f , 2Oig .
� ►wr PEL �
I 40* NotarySERENA IDANN i 128CD460280AND ► �n, „/�
,7^�t _viiiv (),
My Commission Expires
"oti,“,,. December 2, 2018 I Notary Public
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 i3 of l7
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.: Parks and Recreation, 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.
DELINOUENT 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 (I 5) 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 Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
I. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less;or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage$100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$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
EXHIBIT D
CONTRACT FOR THE RENTAL OF
REGULAR PORTABLE TOILETS
THIS AGREEMENT, made this day of , 2018, 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 Tracy Roccaforte herein acting by and through
Impact Waste, LLC hereinafter called "CONTRACTOR".
WITNESSETH: 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 Contract shall be for one year from the date stated in the Notice to Proceed,
unless sooner terminated under the provision hereof, with an option to renew for two (2)
additional one-year periods. The City can terminate this contract at its convenience which
includes,but not limited to, funding being available in any budget cycle with thirty (30) days
written notice.
2. The Contractor will supply regular portable toilets as stated in the Contract Documents.
3. During the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with the terms therein for the following amounts not to
exceed $25,000 annually.
Services A
Description Week Weekly Cost Monthly Cost
Regular Toilets 2 25.00 49.00
Wheelchair Accessible Toilets 2 45.00
ADA Accessible Toilets 2 45.00
Portable Toilet with hand Washing
Station 2 45.00
Page 1 of 2
5. The term "Contract Documents" means and includes the following:
1) Agreement
2) Advertisement for BIDS
3) Addenda
4) General Information
5) Specification
6) Bid
7) Notice of Award
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an
original on the date first written above.
Signed on the day of 2018.
ATTEST CITY OF PORT ARTHUR
BY
CITY SECRETARY Harvey Robinson, Interim City Manager
Signed on the day of 2018.
WITNESS: IMPACT WASTE, LLC.
BY
PRINT NAME:
TITLE:
Page 2 of 2
DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON
CAL J.JONES,MAYOR PRO TEM INTERIM CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD
)�1 CITY SECRETARY
RAYMOND SCOTT,JR. aj
KAPRINA RICHARDSON-FRANK
THOMAS KINLAW,III art rth u rVAL TIZENO
HAROLD DOUCET.SR. CITY ATTORNEY
WILLIE"BAE"LEWIS,JR. Texas
OSMAN SWATI
CHARLOTTE MOSES
JANUARY 8,2018
INVITATION TO BID
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, January 24, 2018. (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,January 24,2018 in the City Council
Chambers,City Hall, 5'h Floor, Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P18-028
DELIVERY ADDRESS: Please submit one(I)original and one(1)copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur,TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur,TX 77641
clifton.williamsic aortarthurtx.t;ov
Purchasing Division/Finance Department 1 Acting Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 !Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the
City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope,with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
C e- Gtie
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 17
INVITATION TO BID
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
(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
CITY OF PORT ARTHUR TEXAS
RENTAL OF PORTABLE TOILETS SPECIFICATIONS
The City is requesting bids on the rental of Portable Chemical Toilets.
REGULAR TOILETS, WHEELCHAIR ACCESSIBLE TOILETS,& ADA ACCESSIBLE TOILETS
1. The City will rent these portable toilets for our various parks and other locations.
2. The Portable toilets will be used in the following ways.
A. Remain on the premises year round (Barbara Jacket Park, Rose Hill Park, etc.)
B. Remain on premises until a Sports league season ends(Soccer, Softball, Football, etc)
C. Festivals and functions for individuals and Organizations(Mardi Gras, Mexican Heritage, Party)
3. The Vendor will provide bid to service the portable toilets 2, 3 & 5 times a week at the year round
locations.
4. The Vendor will service the portable toilets at Landfill three times a week at the year round locations.
5. The City will rent weekly and monthly.
PORTABLE TOILET WITH INTEGRATED HANDWASHING STATION
1. The City will rent portable toilets with integrated hand washing stations for our landfill, various parks
and other locations.
2. These will be used regularly at the Landfill and sparingly during festivals and functions for individuals
and Organizations(Mardi Gras, Mexican Heritage, Parties)
3. The City will rent weekly for festivals and functions.
4. The City will rent monthly for the Landfill.
5. It will be a two station Hand Washing Station.
6. Contractor must provide soap and paper towels in a dispenser.
Vendor is financially responsible for any damage or theft to the equipment.
CONTRACT PERIOD:
This Contract will terminate approximately twelve (12) months from date of execution with the option to renew
for two(2) additional one year periods.The City can terminate this contract at its convenience which includes,
but not limited to, funding being available in any budget cycle with thirty(30) days written notice.
Page 4 of 17
SUBMIT THE FOLLOWING FORMS
I. BID SHEET—PAGE 6. MAKE SURE TO FILL IN PRICE AND THE DAYS
2. NON-COLLUSION AFFIDAVIT— PAGE 7(MUST BE NOTARIZED)
3. AFFIDAVIT— PAGE 8 (MUST BE NOTARIZED)
4. CONFLICT OF INTEREST-PAGES 9& 10(IF IT APPLIES).
5. House Bill 89 Verification -PAGE I 1
6. SB 252CHAPTER 2252 CERTIFICATION- PAGE 12
Page 5 of 17
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Rental of Portable Toilets for City of Port Arthur
BID DUE DATE: January 24, 2018
SERVICE
ITEM# DESCRIPTION A WEEK WEEKLY COST MONTHLY COST
1 REGULAR TOILETS 2 $ 2'.00 $ 49.00
2 REGULAR TOILETS 3 $ So . 0 0 , .0 0 _
I 3 REGULAR TOILETS 5 $ I as. o co .$ 199.00
WHEELCHAIR ACCESSIBLE _
4 TOILETS 2 $ 46-. 0 0 $ 1 6.00
WHEELCHAIR ACCESSIBLE
5 TOILETS 3 $ --1C.0 0 $ 125.00
WHEELCHAIR ACCESSIBLE
6 TOTT:PTS 5 $ 1 1S. O D .11..t.5. 00
7 ADA ACCESSIBLE TOILETS 2 $ 4.5• G 0 $ 85. DO
8 ADA ACCESSIBLE TOILETS 3 $ 15. 0 0 $ 135.00
9 ADA ACCESSIBLE TOILETS 5 $ ( I S to D $255.00
PORTABLE TOILET WITH
10 HAND WASHING STATION 2 $ 4 54)0 $B5. 00
PORTABLE TOILET WITH _
11 HAND WASHING STATION 3 $ I SOO $1 5-DO
PORTABLE TOILET WITH
12 HAND WASHING STATION 5 $ 1 t5..00 $25.00
1 fIPAC( wASTed LL.c . (0315 . iWih C+-K1 Ltw.j
COMPANY NAME STREET ADDRESS
(//1"---- ------ .-....,
Zac113
SIGNATURE OF BIDDER P.O.BOX
-ir-ctcAl goc.664y--it, otaturi Dh-t Ic 11?2a
PRINT OR TYPE NAME CITY STATE /11'
QUIcTh e r Li0 Cl 12'1.3 36
TITLE AREA CODE TELEPHONE NO
-t Y-0- r 1'near ru ljde.c.dwt Li 0q 311(4- 3 t 3L1
EMAIL
Page 6 of 17
CITY OF PORT ARTHUR,TEXAS
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.
Sig nature:
Printed Name: I-mom Rocco .f r-+6i
Title: i a-rtn -.
Company: l het 9a-C-10 Q.c` 6) IA- .
Date: 1 J 261 I i t f
SUBSCRIBED and sworn to before me by the above named 10el-4ilDe(1,A4rr? on this the �fl-/ri
day ofC ,L61u to }. , 20 i .
Notary Public in and fore
""""", SHARLA SORGE State of Texas
;;' �o Notary Public.State of Texas
Comm Expires 03-25-2020
Notary ID 130596194 My commission expires:
Page 7 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:
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.
t m pack Way , LI,C. 1- z 4 - to
Firm Name Date
?-----___
Authorized Signature Title
lr a & Rocco.- o rte.. Par-ter tvq 1 vt • 3 336
Name(please print) Telephone
-t'yalxi c& 141ackrtcycAe . cofr•
Email
N SHARLASORGE
parry
STATE: Jt/ 4 .4,`•'-`:°e's_ Public,State of Texas
_o: - ;Notary
7:;
��cc ar•. --;: Comm.Expires 03-25.2020
COUNTY: ) -C. !D Thi ---4-•-•;tfr Notary ID 130596194
SUBSCRIBED AND SWORN to before me by the above named alt.:, -1-Ta -tc'i
on this the tt day of in/16040 I .
ti /
' 1r tLt' )t Y rf c()A��,/
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 17
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Lag., Regular Session. OFFiCEUSE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a vendor who Date Received
has a business relationship as defined by Section 178 001(1-a)with a local governmental entity and the
vendor 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 vendor becomes aware of facts that require the statement to be
filed See Section 176 006(a-1). Local Government Code.
A vendor commits an offense If the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
J n
I I Check this box if you are filing en update to a previously filed questionnaire.(The law requires that you file an updated
t 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or Inaccurate)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
.J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
n Yes El No
B. Is the vendor receiving or likely to receive taxable incomeother than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
ElYesnNo •
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
'fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
` as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
2]
Signature of vendor doing business with the governmental entity Dale
Form provided by Texas Ethics Commission www ethics state tx us Revised 11/30(2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be Iound at htlp//mow statutes legis.state tx us/
DocsiLG/htm/LG.176.htm.For easy reference,below are some o1 the sections cited on this form
Local Government Code 176.001(1-a):'Business relationship'means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on
(A) a transaction that is subject to rate or tee regulation by a federal.state,or local governmental entity or an
agency of a federal state,or local governmental entity,
(B) a transaction conducted at a price and subject to terms available to the public,or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to that agency
Local Government Code 6176,0034142)(A)and(B):
(a)A local government officer shaft file a conflicts disclosure statement with respect to a vendor rf
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
lamily member of the officer That results in the officer or family member receiving taxable
income,other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i)a contract between the local governmental entity and vendor has been executed.
rr
(ii) the local governmental entity is considenng entering into a contract with the
tendor;
(B)has given to the local government officer or a family member of the officer one or more grits
that have an aggregate value of more than$100 in the 12-month period prececing the date the
officer becomes aware that*
(i) a contract between the local governmental entity and vendor has been executed.or
(ii) the local governmental entity is considering entering into a contract with the vendor
Local Government Code a 17&,006(a)and fall
(a)Avendor shall file a completed conflict of interest questionnaire If the vendor has a business relationship
with a local governmental entity and.
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,ora family member of the officer described by Section 176.003(a)(2)(A),
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176 003(a-1);or
(3) has a family relationship with a local government off-cer of that local governmental entity
(a-1)The completed conflict of interest questionnaire must be fi'ed w th the appropriate records administrator
not later than the seventh business day after the later of
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application.response Goa request for proposals
or bids,correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware*
(A) of an employment or other business relationship with a local government officer or a
family member of the officer,described by Subsection(a).
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Taus Ethics Commtsskn www•rhks state a us Revised 11042015
Page 10 of 17
SB 252
CHAPTER 2252 CERTIFICATION
I, 1 r0 el 4 ,the undersigned an representative
of 1 mP Wct5i-e, 0-c -
(Company or Business Name)
being an adult over the age of eighteen (18)years of age,pursuant to Texas Government Code, Chapter 2252,
Section 2252.152 and Section 2252153,certify that the company named above is not listed on the website of the
Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,
Section 807.051 or Section 7753.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
Trac.{ RoCC #'-
Name of Company Representative (Print)
a--.-----------'--
Signature of Company Representative
Date
Page 11 of 17
House Bill 89 Verification
ftacv I D CC Ci (Person name), the undersigned representative
(hereafter referred to as Representative") of
rn pace" as--6, LA, G
(company or business name, hereafter referred to as
"Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn
by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit
commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli-controlled territory, but does not include an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day
of �'1('t t i r r\ A , 20 N .
r
".„,„ SHARIA SORGE (V ,'lG
l V�(�� 1 n � 1 f� J
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Notary Public,State otTexas — 1
r: .•'�a Comm.Expires 03-25-2020 Notary Public
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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.: Parks and Recreation, 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 REOUIRED 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 Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury$500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000;and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less;or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance(Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single Iimit 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