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HomeMy WebLinkAboutPR 21505: CONSTRUCTION SERVICES FROM JET AERATION IN SUPPORT OF COVID-19 ort rthu INTEROFFICE MEMORANDUM Date: November 16, 2020 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Donald Stanton, Interim Director of Water Utilities RE: PR 21505 —Construction Services from Jet Aeration in support of COVID-19 Introduction: The intent of this Agenda Item is to seek City Council's approval for Jet Aeration, LLC to provide construction services to the Water Utilities Department concerning Water Distribution repairs due to excessive water main breaks and the amount of repairs that are needed to restore services, including taps as needed for water. The contract is to be for a one-year period, with services rendered on an as-needed basis with a projected budgetary impact of$75,000. Background: It is deemed necessary to contract for construction services due to COVID-19 and the quarantines that have been required. Jet Aeration, LLC is to provide construction services in repairing water pipes to supplement the understaffed water distribution crews, as needed. Taps are also included in the event the taps crew is required to quarantine. Efforts were made to receive proposals from other companies for this service. Jet Aeration, LLC was the most qualified company that provide a proposal. The City of Port Arthur's Water Utilities Department previously utilized the services of Jet Aeration, LLC for the same scope of work as this request, and was satisfied with their service. Budget Impact: Utilization of the services of Jet Aeration, LLC for a one-year period has a projected budgetary impact $75,000. Funds are available in Account No. 410-1253-532.35-00, Water System Maintenance. Recommendation: It is recommended that City Council approve PR 21505, to execute an agreement for construction services by Jet Aeration, LLC for a one-year period, in the not-to-exceed amount of $75,000.00. Funds are available in the Utilities Account No. 410-1253-532.35-00, Water System Maintenance. "Remember,we are here to serve the Citizens of Port Arthur" P.R. No. 21505 11/16/2020 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN THE CITY OF PORT ARTHUR AND JET AERATION, LLC OF VIDOR, TEXAS, FOR THE WATER UTILITIES DEPARTMENT, FOR A ONE- YEAR PERIOD, FOR UTILTIES OPERATIONS SUPPORT IN A PROJECTED BUDGETARY AMOUNT OF $75,000.00. FUNDING IS AVAILABLE IN UTILITIES ACCOUNT NUMBER 410-1253-532.35-00, WATER SYSTEM MAINTENANCE. WHEREAS, due to COVID-19, the Water Distribution crews are understaffed; and, WHEREAS, there are excessive water main breaks in our system during this dry season; and, WHEREAS, further assistance is required to support operations in maintaining the quality of the system; and, WHEREAS, the City advertised in the Port Arthur News for request for proposals on October 2, 2020 and October 9, 2020 for said construction services outlined above; and, WHEREAS,the Purchasing Department received two (2) proposals on October 28, 2020; and, WHEREAS,the proposals were evaluated by City staff and the Purchasing Manager; and, WHEREAS, Jet Aeration, LLC of Vidor, Texas was the highest ranked proposal (See Proposal Evaluation Matrix attached as Exhibit "A"; and, WHEREAS, the contract is for a one-year period to assist the Utilities Department with water line repairs, including taps; and, WHEREAS, total projected budgetary impact is $75,000.00, which can be taken from Account No. 410-1253-532.35-00. P.R. No. 21505 11/16/2020 bw Page 2 of 3 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions of the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute an Agreement with Jet Aeration to provide construction services as-needed with a projected budgetary impact of $75,000.00 for one year, from Account No. 1253-532.35-00, in substantially the same form as the attached Exhibit "B". Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2020 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Thurman "Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary P.R. No. 21505 11/16/2020 bw Page 3 of 3 APPROVED AS TO FORM: fit- ice/ al Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Ci ty Manager Don Stanton Interim Director of Water Utilities APPROVED AS TO AVAILABILITY OF FUNDS: nc„,1) Kandy Daniel Interim Finance irector 44444, Clift n illiams, CPPB Purchasing Manager EXHIBIT "A" U C i.r blJ C h u I• p r Vi 00 C C0 l� CO N O C... e o L c4 N CC O + N z t' N a) - iB '-- 0 i O Q el Z r O 6) O • h i •O OO i s 000 O NI y0 '"" w •--o N O i A cu d Q cn C cs U Z 6- CD © O N Oc. a' 3 c oy o0 C ` C 0 C„ (v >, Cr a.) —J U Qcr a> as rA S C 0 c. c� 0. W a4 F i . y. EXHIBIT "B" CONSTRUCTION SERVICES AGREEMENT Water Distribution Contractor THIS AGREEMENT, made this of , 2020, 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 Jet Aeration, LLC hereinafter called "CONTRACTOR". WITNESSED: That, for and in consideration of, the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Agreement shall be for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provision hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within thirty (30) days written notice. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto on an as-needed basis. 3. During the term of this Contract, the Contractor will furnish at this own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents on an as-needed basis and comply with the terms therein for the cost per proposal rates submitted and dated October 20, 2020. 5. The term "Contract Documents" means and includes the following" a. Agreement b. Request for Proposal c. Specifications d. Addenda e. Bid/Proposal f. Notice to Proceed 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 above written. Signed on the day of , 2020. OWNER: CITY OF PORT ARTHUR BY: Ronald Burton City Manager Signed on the day of , 2020. CONTRACTOR: Jet Aeration, LLC BY: Print Name: Title: THURMAN BARTIE,MAYOR RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER 010 COUNCIL MEMBERS: o r t rt h u SHERRI BELLARD,TRMC CAL JONES � CITY SECRETARY RAYMOND SCOTT JR. T THOMAS KINLAW VAL TIZENO HAROLD DOUCET SR. CITY ATTORNEY KAPRINA RICHARDSON FRANK October 4,2020 REQUEST FOR PROPOSAL WATER DISTRIBUTION CONTRACTOR DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, October 21, 2020. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, October 21, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P20-074 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP 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 Request for Proposal should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS 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 RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. eLpf, Gtiale:ca-pi-e.- Clifton Williams, CPPB Purchasing Manager Page 2 of 18 REQUESTS FOR PROPOSALS WATER DISTRIBUTION CONTRACTOR (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 18 SPECIFICATIONS FOR WATER DISTRIBUTION CONTRACTOR Scope of Work: The average water leak takes about 4 hours (on site) to repair, not counting travel time. It typically requires a supervisor, a mini excavator/rubber tire backhoe, 3 additional crew members, a small water pump, and probably 2 vehicles to transport personnel, tools, and equipment to the site. A leak will be determined to be a Common Leak Repair or an Emergency Repair by the Assistant Utility Director or his designee. During a common leak repair(non-emergency), the City Representative (Assistant Utility Director or his designee) would contact the contractor and work out a schedule to repair the water leak, normal repairs will be scheduled by severity but usually within 48-72hrs. A City Representative will typically have marked the site in White Paint where the suspected leak needs to be located, but the Contractor will be responsible for calling in other utility locates. If the Contractor sees where the leak is going to take more than the 4hr time to repair, the Assistant Utility Director (or his designee) needs to approve the extra time needed. Acceptable approval methods include Text Messaging or Email between Assistant Director or designee and contractor representative. The City will coordinate extra pumping equipment with the contractor if additional pumping capacity is needed (circumstance specific). Traffic Control and Safety (as set forth by the Texas Manual on Uniform Traffic Control Devices (TMUTCD) - Revision 2) is the responsibility of the Contractor, extra personnel (approved by Assistant Director or designee) may be required where heavy traffic conditions are present. Trench Safety will be the ultimate responsibility of the contractor, but the contractor may coordinate with the Assistant Director, or his designee, for the use of city owned necessary and acceptable safety equipment to be used at the repair site. An emergency repair will be responded to within 2-4hrs, emergency utility locates will be coordinated by the Contractor and the Assistant Director's designee to obtain the most time efficient method of locates before excavation occurs. All other factors of the job will be the same as the process of a common leak repair. All materials for the repair (clamps, fittings, couplings, pipe, etc.) will be made available at the Service Center Warehouse, located at 111 H.O. Mills Blvd, Port Arthur, Texas. The City is responsible for ordering and maintaining repair materials. The Contractor's Supervisor will be responsible for communicating the material needs of each job to the Assistant Director or his designee before obtaining the items from the Warehouse. Items will be signed out and accounted for by Warehouse Personnel or the Assistant Director(or his designee). Page 4 of 18 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain proposers with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. SELECTION PROCESS: The City's process is as follows: A. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a) Experience—30 b) Project Approach—30 c) Rates—40 EXPERIENCE & KNOWLEDGE • List any similar work done in the past. • List any experience or knowledge of the areas in Port Arthur • List experience and qualification of team PROJECT APPROACH • State your response time to mobilize and begin work. • State personnel that are available to provide the work • Equipment available to provide the service COST • State cost to mobilize • State hourly cost of personnel • State the percentage above cost for materials • State any other fees required. Page 5 of 18 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. 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. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. 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. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 6 of 18 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal 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. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. Page 7 of 18 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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 RFP. 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 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. Page 8 of 18 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. 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. 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): Page 9 of 18 a. Bodily injury $1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. 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. 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. Page 10 of 18 APPENDICES RETURN WITH PROPOSAL A. Letter of Interest Yes B. Affidavit Yes C. Non Collusion Affidavit Yes D. Conflict of Interest Questionnaire If It Applies E. HB 89 Yes F. SB 252 Yes Page 11 of 18 APPENDIX A LETTER OF INTEREST RFP—Consultant for Partial Quiet Zone E3F1L . Deadline: June 16, 2020 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to provide Administrative work for Partial Quiet Zone for City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed RFP Letter of Interest Form ❖ Completed Affidavit ❖ Non Collusion Affidavit ❖ Completed Conflict of Interest Form ❖ HB 89 ❖ SB 252 Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. 1 A E kikerro" o� -Tixivi ILC . /aZoZo Firm Name Date al/3 z -'yla U; dok 7766 a Address City/State/Zip 6/VI Authorized Signature Title t2uicJ �bL ; vtiSo� tl0°1- 70 ../s0a Name 1(please print) /I Telephone ru,S p T�vvt '�- co Email APPENDIX B Page 12 of 18 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: Printed Na �til3A - •^J ‘;,,, Title: , \ C 0. e.�Gr�- Company: Date: /OZ 47o SUBSCRIBED and sw rn to efore me by the above named on this the 7 day of C �-&- , 20 . otary Public in and for the DEBORAH SUE MILLER State of Texas 4525 NotaryD#125860521MComssiortExpires September ze, 2022 My commission expires: ca 0 a a Page 13 of 18 APPENDIX C 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: XI 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. -3—e,\— Arco., 04- /e3A4 i /c - j� 6/E0 Firm Name Hate 2123 Z n )o U, cam `T,L, 7 2t56 Z Address City/State/Zip Authorized Signature Title p,_,„1\ 0.:1,-.,..,„0..k (jOc 769-15'00 Name (please print) Telephone Email STATE: "TX-4-1 COUNTY: 0e-0.,.,� SUBSCRIBED AND SWORN to before me by the above named .i.te It Pub►. 0 o.1 on this the__C exi day of f , 20 IAD . � ,^ A MILLER 4 _64/fat\ s lip JA NotaryDEBOR IDH ltSUE125860521 =;Wi My Commission Expires otary Public c cr is- September 29, 2022 RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 14 of 18 APPENDIX D 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. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176.Local Government Code.by a vendor who Data 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 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 art offense if the vendor knowingly violates Section 176 006.Local Government Code.An offense under this section is a misdemeanor Name of vendor who has a business relationship with local governmental entity. J Check this box it 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 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 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? Q Yes a 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? nYes No J Describe each employment or business relationship that the vendor named in Section I 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. (� Check this box if the vendor has given the bcal government officer or a family member of the officer one or more gifts I I as described in Section 176.003(a)(2)(B).excluding gifts described in Section 176.003(a•1) TJ Signature of vendor doing business with the governmental entity Dale Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised t1/30/20t5 Page 15 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:i/www.statutes.legis.state.tx.us/ DocsJLGihtmiLG.176.htm.For easy reference.below are some of 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 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§176.003(a)(2)(A)and(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 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: or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding 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§176.006(a)and(a-1) (a)A vendor 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.or a 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 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 family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 16 of 18 APPENDIX E House Bill 89 Verification Pu.k...st,�� Ko�'�. 10� (Person name), the undersigned representative (hereafter referred to as "Representative") of 1_ oX l exa., Plc • (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. ar SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this Zc day of0C L-Gt , 20z DEBORAH SUE Notary ID#12586052MILLER1 ~ My Commission Expires September 29, 2022 Notary Public Page 17 of 18 APPENDIX F SB 252 CHAPTER 2252 CERTIFICATION I, Pv.-osel\ eo\b'i-N-10"- , the undersigned and Representative of k - A 2rc o, 1e , f/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 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. PAJJe-1 ) Name of Company Representative (Print) Signature of Company Representative 10.)Ao Date Page 18 of 18 dimimmilmr r a■�rr ��r II r i r r ryv--r111 AERATION OF TEXAS 21232 Ill 10 Vidor, Texas 77662 409-769-1500 TABLE OF CONTENTS 1) EXPERIENCE& KNOWLEDGE A. Qualification B. Relationship with City C. Past Jobs 2) PROJECT APPROACH A. Response Time B. Equipment C. Personal 3) COST sairvirmitir 111/1 J• MN 1111-71-111111. r — _�► �- ��iD.i-1/ r� s 4r AERATION OF TEXAS 21232 IH 10 Vidor,Texas 77662 409-769-1500 EXPERIENCE& KNOWLEDGE A. QUALIFICATION Team Jet is comprised of more than thirty specialty trained professionals in the water and wastewater industry. Our staff consists of licensed plant operators, equipment operators, electrical, pump& motors,chemical injection, mechanical specialists as well as most crafts in the utility construction industry. Our Organization sets the industry standard in 24/7 emergency response as well as maintenance programs to prevent untimely break downs. Our management team brings a wealth of experience in operational as well as innovative problem solving to bring efficient resolution to your emergency. B. RELATIONSHIP WITH CITY Jet has a proven track record of excellence with the City of Port Arthur. Our team has furnished the city with routine crews to perform service calls during hurricanes, performed meter change-out and repairs, direction boring, leak repairs as well as mechanical repairs at the city's water&wastewater treatment facilities. C. PAST JOBS 1. City of Rose City Surface Water Treatment Plant Re-Build 2. Orange City WCID#1—Sewer line Grant, Waterline 3. City of West Orange—Sewer line Grant 4. City of Beaumont—Pine St.Water Plant Re-hab 5. City of Baytown—Repairs& Maintenance 6. City of Port Arthur *Specific Reference available upon request PROJECT APPROACH A. RESPONSE TIME A supervisor/competent person will respond and be onsite to establish a scope of work and coordinate equipment, labor force and material within one hour of notification. Our team with then establish a plan of attack to address the problem with contingency plans and communicate with city personnel. B. EQUIPMENT Jet has an arsenal of equipment enabling our team to perform any task at any time or place. C. PERSONNEL Team Jet has more than 30 highly trained professionals to perform any task posed to them in an innovative, efficient and safe manner. COST A. Mobilization—Competent person responds to site for initial evaluation and dispatch needed resources -$250.00 B. Any associated material, rentals, etc. will be charges 15%over final invoice of goods purchased or rented. C. Please refer to our enclosed rate sheet for personnel and equipment rates for all other associated charges. D. All after hour jobs performed will be billed at 1.5 times for employee costs. Any equipment or materials dispatched after hours will be billed at 2 1/2 times cost. IOW Alr assr Amor__Amor far AERATION OF TEXAS 21232 IH-10 Vidor, TX 77662 Phone: 409-769-1500 Fax:409-769-3577 License#: OSSF-0S0029397/MP0001867 Labor Rates Labor Classification Straight Time Overtime Project Manager $91.00 $136.50 Superintendent $68.50 $102.75 General Foreman $55.00 $82.50 Foreman $48.00 $72.00 Operator $42.00 $63.00 Skilled Technician $38.00 $57.00 Pipe Installer $30.00 $45.00 General Laborer $28.00 $42.00 CDL Truck Driver $36.00 $54.00 Welder $48.00 $72.00 Welder Helper $30.00 $45.00 Carpenter $36.00 $54.00 Electrician $58.00 $87.00 Master Plumber $58.00 $87.00 Journeyman Plumber $48.00 $72.00 Apprentice Plumber $36.00 $54.00 T JINNI MINI ►___ AERATION OF TEXAS 21232 IH-10 Vidor, TX 77662 Phone: 409-769-1500 Fax:409-769-3577 License#: OSSF-0S0029397/MP0001867 Labor Rates Labor Classification Straight Time Overtime Concrete Finisher $38.00 $57.00 Field Secretary/Timekeeper $28.50 $42.75 Service Call $125.00 $187.50 Hourly Rate $100.00 $150.00 Warranty-Trip Charge $62.50 Service Calls—All Service Calls are$125.00 and $100.00 for each additional hour. Every ticket should consist of equipment, labor, material, and consumables. Sales Tax—8.25% Residential Customers—Materials only Commercial Customers—Everything tax unless customer provides a tax-exempt form Consumables—3% Multiply equipment, labor,and material by 3% C C �� ANEW AEI JIML MOW AERATION OF TEXAS 21232 IH-10 Vidor, 7X 77662 Phone:409-769-1500 Fax:409-769-3577 License#: OSSF-0S0029397/MP0001867 G III IMI .MN' ... - AERATION OF TEXAS 21232 IH-10 Vidor, 7X 77662 Phone: 409-769-1500 Fax: 409-769-3577 License#: OSSF-0S0029397/MP0001867 Equipment Rates Equipment Day Week Month Rubber Tire Backhoe $392.00 $1,176.00 $3,528.00 Mini—Excavator $400.00 $1,200.00 $3,900.0 Cat Excavator 18,000 lb. $416.00 $1,248.00 $3,944.00 Cat Excavator 30,000 lb. $920.00 $2,760.00 $8,280.00 Cat Excavator 50,000 lb. $1,425.00 $4,275.00 $12,825.00 Cat Excavator 64,000 lb. $1,760.00 $5,280.00 $15,840.00 Skid Steer Track Loader $400.00 $1,200.00 $3,528.00 1/2 ton Truck $110.00 $330.00 $990.00 Ton Truck $125.00 $375.00 $1,125.00 1 Ton Truck $150.0 $450.00 $1,350.00 Crane Truck $816.00 $2,448.00 $7,344.00 Tractor Truck $480.00 $1,440.00 $4,320.00 Vacuum Truck Liquid 66 bbl. $784.00 $2,352.00 $7,056.00 Jet Machine - Hydro Blast Unit $632.00 $1,896.00 $5,688.00 Dozer—D3 $635.00 $1,905.00 $5,715.00 Dozer—D4 $825.00 $2,475.00 $7,425.00 AMOY AMW, Aire AERATION OF TEXAS 21232 IH-10 Vidor, 7X 77662 Phone: 409-769-1500 Fax: 409-769-3577 License#: OSSF-0S0029397/MP0001867 Equipment Rates Equipment Day Week Month Light Tower $125.00 $375.00 $1,125.00 Small Generator $45.00 $135.00 $405.00 2" Gas Pump $45.00 $135.00 $405.00 3" Gas Pump $50.00 $150.00 $450.00 Shoring 8X10 $178.00 $530.00 $1,584.00 Mobile Field Office $6000.00 Notes: 1) These Rates are based upon 8-hour workdays, anything over will be bil►ed at standard overtime rates of time and one half 2) All equipment will have delivery and pick up charges when applicable 3) Sub-Contractors, rental equipment, and any other associated cost to the contractor that is incurred will be billed with a 15% mark up to offset overhead expenses.