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HomeMy WebLinkAboutPR 23081: PORTABLE TOILETS CONTRACT WITH UNITED SITE SERVICES, OF TEXAS INC. *2.r rthar". www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 24, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Chandra Alpough, Director of Parks and Recreation OL. RE: P.R. 23081 —Portable Toilets Contract with United Site Services, of Texas, Inc. Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. 23081 authorizing the City Manager to execute a contract with United Site Services,of Texas, Inc. of Beaumont, Texas, for the rental of regular toilets, wheelchair accessible toilets, ADA accessible toilets, and portable toilets with handwashing station with a total projected budgetary impact of $60,000.00 annually. Background: The City of Port Arthur has over 32 parks that are utilized by citizens and visitors throughout the year. Further,several of the parks are home to baseball,softball,and football leagues which increases the number of patrons on the parks. The vast majority of parks do not have fixed restroom facilities. The City and other organizations, sponsor events at various locations throughout the city, and portable toilets are needed. United Site Services, of Texas, Inc. of Beaumont, Texas was the lowest and most responsible bidder for regular toilets,wheelchair accessible toilets,ADA accessible toilets,and portable toilets are needed. Budget Impact: Funding in the amount of $60,000.00 annually is available for this purpose in the following accounts: 001-25-065-5401-00-20-000 (Parks and Recreation), 403-50-320-5401-00-00-000 (Public Works), and 450-60-415-5312-00-00-000 (Pleasure Island). Recommendation: It is recommended that the City Council approve P.R. 23081 authorizing the City Manager to execute a contract with United Site Services, of Texas, Inc. of Beaumont, Texas, for the rental of regular toilets, wheelchair accessible toilets, ADA accessible toilets, and portable toilets with handwashing station with a total projected budgetary impact of$60,000.00 annually. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. # 23081 3/24/2023 DDG RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH UNITED SITE SERVICES, OF TEXAS, INC. OF BEAUMONT, TEXAS FOR THE RENTAL OF REGULAR TOILETS, WHEELCHAIR ACCESSIBLE TOILETS, ADA ACCESSIBLE TOILETS AND PORTABLE TOILETS WITH HAND WASHING STATION WITH A PROJECTED BUDGETARY AMOUNT OF $60,000.00 ANNUALLY, FOR THE PARKS AND RECREATION DEPARTMENT, FUNDING AVAILABLE IN THE PARKS AND RECREATION ACCOUNT NUMBER 001-25-065-5401-00-20-000, PUBLIC WORKS ACCOUNT NUMBER 403-50-320-5401-00-00-000, AND PLEASURE ISLAND ACCOUNT NUMBER 450-60-415-5312-00-00-000 WHEREAS, on March 20, 2023 bids were received for the rental of portable chemical toilets for the Parks and Recreation Department; and, WHEREAS, the bids were evaluated by the City staff and the Purchasing Manager as delineated in the bid tabulation 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 portable toilets will service twice a week and based on the monthly cost pricing; and, WHEREAS, this contract will primarily be used by Parks other departments may use the contract when necessary; and, WHEREAS, United Site Services, of Texas, Inc. of Beaumont, Texas was the lowest bidder for the overall total monthly cost for regular toilets, wheelchair accessible toilets, ADA accessible toilets, and portable toilets with hand washing station; 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 Manager of the City of Port Arthur is hereby authorized to enter into a one (1) year contract with an option to renew for two (2) additional one-year periods P. R. #23081 3/24/2023 DDG for the rental of regular toilets, wheelchair accessible toilets, ADA accessible toilets and portable toilets with hand washing station to United Site Services, of Texas, Inc. of Beaumont, Texas for the Parks and Recreation Department. Projected budgetary amount of $60,000.00 annually, in substantially the same form as Exhibit"B". Section 3. 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., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:(Mayor) Councilmembers: NOES: Thurman"Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary P. R. #23081 3/24/2023 DDG APPROVED AS TO FORM: itCLCIA elt)otiut al Tizeno, sq. q City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Chandra Alpough 4P111\ Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Daniels -41uvricn Director of Finance W/C L4, Clifton Williams Purchasing Manager P. R. #23081 3/24/2023 DDG EXHIBIT "A" Hr ' 0 l0 00 J 01 Vt ? W N — CD N � O C . , c o b o b o G o. o. 0.. o. a Oro 00 00 t :- 92 a: Z > > `''' > r)' ' O 0- iti 0- 0 0- •- Fe > if,' > ED"' > ED- R Fo- a ED- g 0 0 0 4 ::1-:: "0 k.„, • yo o yo oo o ••• ( AD cC, 7 n . K c cm m w ;. 0 0 0 EG.: - - - U a• v) ' v n n Ab i v 0 \\ i ci co iv O6 =" O O P- C cs C p 0 p co o CD 14 C rn y Z Vt W N U W NJlli W NJ CJ1 W NJ C Z. A 4 ete y n (gyp EA be 69 69 69 69 69 69 69 69 O O O O o 140 ON LA VD 01 O O O 0 C C C y 0 O O O 0 O 0 0 O 0 D a Dom! C tz n A �j " x -. 69 69 be 69 69 bA 69 69 69 69 69 b5 3 1-3 d -g = a f l'' y W - .- W N N N .- ry X o .O C 00 00 V, LA L. . 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R. # 23081 3/24/2023 DDG EXHIBIT "B" CONTRACT FOR THE RENTAL OF REGULAR PORTABLE TOILETS, WHEELCHAIR ACCESSIBLE TOILETS,ADA ACCESSIBLE TOILETS AND PORTABLE TOILETS WITH HAND WASHING STATION THIS AGREEMENT, made this day of , 2023, 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 Jeff Dunlop herein acting by and through United Site Services of Texas, Inc. 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 signed on 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, 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$95.00 for regular portable toilets, $130.00 for wheelchair accessible toilets, $180.00 for ADA accessible toilets and $165.00 for portable toilet with hand washing station in an amount not to exceed $60,000.00 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 8) Notice to Proceed 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 2023. OWNER: CITY OF PORT ARTHUR Ron Burton City Manager Signed on the day of 2023. CONTRACTOR: United Site Services of Texas, Inc. Jeff Dunlop Page 2 of 2 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM Rviza_ CITY MANAGER City of COUNCIL MEMBERS: A� SHERRI BELLARD,TRMC CAL JONES 41101 CITY SECRETARY THOMAS KINLAW III KENNETH MARKS O r t r t h uc _ VAL TIZENO 4 CHARLOTTE MOSES TexasCITY ATTORNEY DONALD FRANK,SR. • ; w MARCH 6, 2023 INVITATION TO BID RENTAL OF PORTABLE TOILETS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 15, 2023. (The clock located in the City Secretary's office will be the official time.) A 1 bids received will be read aloud at 3:15 p.m. on Wednesday, March 15, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-032 DELIVERY ADDRESS: Please submit one (1) original and one (I) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinji to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.wi Iliams(a portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location Dy specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. 094,14.444w- Clifton Williams, CPPB Purchasing Manager Page 2 of 17 MP CITY OF PORT ARTHUR,TEXAS CO of --�- ADDENDUM NO. ONE (1) ter! rthur March 15,2023 BID FOR: RENTAL OF PORTABLE TOILETS The following clarifications, amendments, deletions, additions, revision and/or modifications are documents and change the original documents only a part of the contractg in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 9:00 a.m., Central Standard Time, Friday, March 17, 2023 (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 9:15 a.m. on Friday, March 17, 2023 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. (?4 (.fA L�t 4 Chit& Williams, CPPB Purchasing Manager 16 Mar 23 Signature roposer Date INVITATION TO BID RENTAL OF PORTABLE TOILETS (To be Completed ONLY IF YOU DO,NOT BID) FAILUR— TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL ROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event yo. desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance q completing and returning this form in an envelope marked with the enclosed bid would bE appreciat• s. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide th 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 th' product or service? Does your present work load permit additional ork? Comments/Other Suggestions: Company Name: United Site Services of Texas, Inc . Person Completing Form: Breana Smith Tel•I hone: 508-594-2692 Mailing Address: 118 Flanders Road Email: breana.smith@ itedsiteservices.com City, State, Zip Code: Date: Westborough, MA 01581 03/15/2023 Page 3 of 17 SU IT THE FOLLOWING. • :ID SHEETS - PAGE 6 B ON-COLLUSION AFFIDAVIT- PAGE 7 (MUST BE NOTARIZED) C • FFIDAVIT- PAGE 8 (MUST BE NOTARIZED) D ONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE AND SIGN & DATE ON LINE 7- PAGE 9 E i HAPTER 2252 CERTIFICATION- PAGE 10 F OUSE BILL 89 VERIFICATION- PAGE 11 Page 4 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 tol 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 n Dti ce. Page 5 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FO : Rental of Portable Toilets for City of Port Arthur BID DU DATE: March 15, 2023 SERVICE ITEM # DESCRIPTION A WEEK WEEKLY COST MONTHLY COST 1 REGULAR TOILETS 2 $ 60 . 00 $ 9 5 . 0 0 2 REGULAR TOILETS 3 $ 90 . 00 $ 135 . 00 3 REGULAR TOILETS 5 $ 150 . 00 $ 2 4 0 . 0 0 WHEELCHAIR ACCESSIBLE 4 TOILETS 2 $ 60 . 00 $ 130 . 00 WHEELCHAIR ACCESSIBLE 5 TOILETS 3 $ 90 . 00 $ 155 . 00 WHEELCHAIR ACCESSIBLE 6 TOILETS 5 $ 150 . 00 $ 2 5 0 . 0 0 7 ADA ACCESSIBLE TOILETS 2 $ 6 0 . 0 0 $ 18 0 . 0 0 8 ADA ACCESSIBLE TOILETS 3 $ 90 . 00 $ 210 . 0 0 9 ADA ACCESSIBLE TOILETS 5 $ 150 . 00 $ 3 8 0 . 0 0 PORTABLE TOILET WITH 10 I-1AND WASHING STATION 2 $ 90 . 00 $ 16 5 . 0 0 PORTABLE TOILET WITH 11 HAND WASHING STATION 3 $ 15 0 . 0 0 $ 195 . 00 PORTABLE TOILET WITH 12 HAND WASHING STATION 5 $ 350 . 00 $ 300 . 00 United Site Services of Texas, Inc. 1497 Cardinal Dr COMPANY NAME STREET ADDRESS 1 Not Applicable SIGNATURE OF B P.O. BOX Jeff Dunlop Beaumont TX 77705 PRINT OR TYPE NAME CITY STATE ZIP Sector Account Manager (512) 516-0609 TITLE AREA CODE TELEPHONE NO charles.ki:hcart@unitedsiteservices.com Not Applicable EMAIL FAX NO. Page 6of17 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the s gnature 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 11e: Jeff Dunlop Title: Vice President Company: United Site Services of Texas, Inca Date: SUBSCRIBED and sworn to before me the undersig d au torit the of, on behalf of said bidder. Jeff Dunlop the Vice Pre dent o nited Si e Services of Texas, Inc. aryl 6lic in e State o New Hampshire My commission expires: 15c,,b,frp/k z7 4tic F Stdte ,v0 44 fly Co of,i' AP4 27berohs6/.. 2> es Page 7 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed a P gg by duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I he eby 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 fbr the payment of said debts. I further agree to pay succeeding debts as they become due. United Site Services of Texas, Inc . 14 Mar 23 Firm Name Date Vice President Authorized Signature Title Jeff Darlop 512-516-0609 Name (please print) Telephone Charles Kithcart@unitedsiteservices . com Email STATE: Masachusetts COUNTY: Worcester SUBSCRIBED AND SWORN to before me by the above named Jeff Dunlop on this the^4th day of March , 20 23 L g, otar /• ��% SAN�oT RvP LEMING � tale of sue Septeer 7 Expires My Commisw Hampshire RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL , 2027 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 Leg., 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 vendo•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. Sea 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. Name of vendor who has a business relationship with local governmental entity. United Site Services of Texas, Inc . I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I 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. Not Applicable 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 CIQ as necessary. II 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? Not Applicable nYes n No B. Is the vendor receiving or likely to receive taxable income,other han 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? Not Applicable Yes n No Des ribe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or oth•r business entity with respect to which the local government officer serves as an officer or director, or holds an ow ership interest of one percent or more. Not Applical4e Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.093{a).(2)(B), excluding gifts described ip Section 176.003(a-1). 19 Mar 23 Signature of vendor doing businI s with the governmental entity Date Form provi.ed by Texas Ethics Commission www,ethics.state.tx,us Revised 11/30/2015 Page 9 of 17 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://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.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 govemment 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 pro tided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 17 SB 252 CHAPTER 2252 CERTIFICATION L Jeff Dunlop , the undersigned and representative of United Site Services of Texas, Inc . (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 tnat 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. Jeff D-inlop Name of Company esentative(Print) Signature of Company Representative 19 Mar 23 Date Page 11 of 17 House Bill 89 Verification I, Jeff Dunlop (Person name), the undersigned representative (hereafter referred to as "Representative") of United Site Services of Texas, Inc. (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 ESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 14th day of March , 2023 410 ! '� • ANGELA L. FLEMING NOTARY PUBLIC State of New Hampshire My Commission Expires September 7, 2027 Page 12 of 17 GENE' • L INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur t e 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 EXCEPT ON TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPT ONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder ha. not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the .pecifications 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. ALTERI G 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 authentici y, BID AW• RD: The City of Port Arthur will review all bids for responsiveness and compliance with these specificat ons. The award shall be made,to the responsive, responsible bidder who submits the best value bid. The City eserves 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. Excluding Federal Funds TERMI OLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalen . Bidders a e cautioned to read the information contained in this ITB carefully and to submit a complete response to all req irements and questions as directed. CONFLI T OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Tex.s 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 relationsh ps such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Eth cs 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 Governm:nt Code and you are representing that you in compliance with them. Any info mation provided by the City of Port Arthur is for information purposes only. If you have concerns .bout whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which ou must comply, you should''consult an attorney. Page 13 of 17 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. 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 re quired. 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 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 responsib lity 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 lister. 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.: Accounting, 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 he 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. Page 14 of 17 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, re_ulations 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 -.hese 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. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performar ce, 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 wr tten 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 Page 15 of 17 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) Lays notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Cont actor 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 furnisl- releases or receipts for any or all persons performing work and supplying material or service to the Contractcr, 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000single 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. Page 16 of 17 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 t]me otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of he 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. 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