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HomeMy WebLinkAboutPR 23343: MOWING CONTRACTS City of nrr rthu � Texas INTEROFFICE MEMORANDUM Date: September 15, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23343 —Authorization for Water Utilities Ground Maintenance Contracts Introduction: The intent of this Agenda Item is to seek acceptance of the ground maintenance contracts from Amelia Lawn Care and Landscaping of Groves, Texas and BST Solutions, LLC of Port Arthur, Texas. Background: Private contractors are used to maintain the grounds at various Water Utilities Department facilities. Two (2) bidders presented packets for this ground maintenance work. Amelia Lawn Care and Landscaping of Groves, Texas and BST Solutions, LLC of Port Arthur, Texas were the low bidders. For Groups F & H, Amelia Lawn Care and Landscaping was the low bidder, but due to Amelia declining these groups, the next lowest bidder was selected, which was BST Solutions, LLC. These contracts are to be authorized for the first year, with the option to renew for two additional one-year periods. Budget Impact: A total projected budgetary impact of$263,610.20 for the fiscal year is anticipated. Funding is available in Account No. 410-40-230-5470-00-00-000, Other Contractual Services. Recommendation: It is recommended that City Council approve the attached ground maintenance contracts, as discussed/outlined above. "Remember, we are here to serve the Citizens of Port Arthur" PR No. 23343 9/15/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE MOWING CONTRACTS WITH AMELIA LAWN CARE AND LANDSCAPING OF GROVES, TEXAS (GROUPS A, B, C, D, & E) AND BST SOLUTIONS, LLC OF PORT ARTHUR, TEXAS (GROUPS F, G, & H) FOR GROUND MAINTENANCE OF CITY PROPERTIES AT THE WATER UTILITIES DEPARTMENT FACILITIES, WITH AN ANNUAL PROJECTED BUDGETARY IMPACT OF $263,610.20 FOR THE FISCAL YEAR; FUNDING IS AVAILABLE IN ACCOUNT NO. 410-40-230-5470-00-00-000, OTHER CONTRACTUAL SERVICES. WHEREAS, on August 16, 2023 and August 23, 2023,Purchasing advertised for bids for mowing of Utility Operation Properties in the Port Arthur News and City's website; and, WHEREAS,two(2)bids for ground maintenance for the Water Utilities Department were received and opened on September 6, 2023; and, WHEREAS, the Water Utilities Department desires to execute one year contracts for ground maintenance, with the option of renewal for two additional one-year periods with Amelia Lawn Care and Landscaping of Groves, Texas for Groups A, B, C, D & E and BST Solutions, LLC of Port Arthur, Texas Group F,G & H, based on lowest price as shown in the bid tabulation (Exhibit"A"); and, WHEREAS, Amelia Lawn Care and Landscaping declined Groups F & H due to inadequate resources creating an inability to perform Groups F & H contractual obligations, thus the next lowest bidder was selected,which is BST Solutions, LLC; and, WHEREAS,the Water Utilities Department anticipates the projected budgetary impact to be $263,610.20 for the fiscal year for the above mentioned ground maintenance services; and, WHEREAS, funding is available in Account No. 410-40-230-5470-00-00-000, Other Contractual Services. PR No. 23343 9/15/23 bw Page 2 of 3 THAT, City Manager is hereby authorized to execute on behalf of the City, one year contracts for ground maintenance, with the option of renewal for two additional one-year periods with Amelia Lawn Care and Landscaping of Groves, Texas (Exhibit "B") for Groups A, B, C, D & E and BST Solutions, LLC (Exhibit"C")of Port Arthur, Texas Groups F, G & H. THAT, a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of 2023 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Thurman Bill Bartie Mayor ATTEST: APPROVED AS TO FORM: in,C 074— /9Jt-49--ye)3 Sherri Bellard alecia Tiz o City Secretary City Attorney PR No. 23343 9/15/23 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: APPROVED AS TO THE AVAILABILITY OF FUNDS: YCA--/\ r Ronald Burton Kandy Daniel City Manager Finance Director W ' Calvin atthews, P.E. Clifton Williams, CPPB Water Utilities Director Purchasing Manager Exhibit "A" (Bid tabulation) 44. CITY OF PORT ARTHUR TEXAS Bid Tabulation Mowing for Utility Operation Properties Bid Location: City Hall, 5th Floor Council Chambers Bid Opening: September 6, 2023 P23-062 Names of Bidders Item Amelia Lawn Care & # UOM Description Landscaping BST Solutions, LLC. 1 Cuts Group A $257.90 No Bid 2 Cuts Group B $381.75 No Bid 3 Cuts Group C $297.50 No Bid 4 Cuts Group D $447.50 No Bid 5 Cuts Group E $322.00 No Bid 6 Cuts Group F $1,080.00 $2,604.00 7 Cuts Group G No Bid $2,500.00 8 Cuts Group H $953.00 $1,296.00 Location Groves, TX Port Artur. TX YoGaida Sc pion—Go�taleaccx 9/7/7023 Yolanda Scypion- oudeaux, Purchasing Assistant Date Page I of 1 Exhibit "B" (Purchasing Contract for Amelia Lawn Care and Landscaping) PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2023, by and between an individual, firm partnership or corporation, Amelia Lawn Care and Landscaping of Groves, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the "Owner" or"City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Agreement is one year from the date issued on the Notice to Proceed, with an option to renew for two (2) additional one-year periods, 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 fifteen (15) days written notice. 2. The Vendor will provide Mowing services, as delineated and submitted in their bid on September 6, 2023. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Mowing and Lawn Service for Groups A,B,C,D & E 4. The Vendor agrees to deliver all services during the term of this contract, at the unit prices listed on the Bid schedule dated September 6, 2023. 5. The term"Contract Documents"means and includes the following: (A)Agreement (B) Advertisement for BIDS (C) Invitation to Bid (D) General Information (E) General Specifications (F) Specifications (G) Bid (H) Bid Sheet (I) Notice of Award (J) Notice to Proceed (K) Addenda 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2023. WITNESS: CONTRACTOR: Amelia Lawn Care and Landscaping SIGNED AND AGREED to on the day of , 2023. WITNESS: CITY OF PORT ARTHUR Sherri Bellard Ronald Burton City Secretary City Manager THURMAN BILL BARITE,MAYOR -. " //' j RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER City of COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS ` CITY SECRETARY DONEANE BECKOM C� HAROLD L.DOUCET,SR o r t r t h u r VAL TIZENO THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR Texas INVITATION TO BID Mowing of Utility Operations Properties DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 6, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, September 6, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-062 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(4ortarthurtx.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 by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Gi.)1,Sn.t, Clifton Williams Purchasing Manager Page 2 of 27 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Grass Cutting at Utility Operations is scheduled for August 25,2023 at 9:00 A.M., the Water Service Center, 11 West H. O. Mills Road, Port Arthur,Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Page 3 of 27 INVITATION TO BID Mowing of Utility Operations Properties (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 4 of 27 SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE 10-15 B. EQUIPMENT LIST- 16 C. NON-COLLUSION AFFIDAVIT—PAGE 17 (MUST BE NOTARIZED) D. AFFIDAVIT—PAGE 18 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN& DATE ON LINE 7- PAGE 19 F. CHAPTER 2252 CERTIFICATION—PAGE 21 G. HOUSE BILL 89 VERIFICATION—PAGE 22 Page 5 of 27 SPECIFICATIONS FOR GROUNDS MAINTENANCE UTILITY OPERATIONS DEPARTMENT The work to be performed under this contract is for grounds maintenance at various Water Utilities facilities detailed on the attached bid forms (GROUP "A" through GROUP "G"). A mandatory pre-bid meeting will be held to address any questions of prospective bidders. Prior to the bid opening, each prospective bidder shall inspect every site listed in the attachments in order to become familiar with any site-specific requirements necessary to comply with these specifications. Bidders are to provide unit prices for the maintenance of each location and totals for the entire group. Award of contract will be based on bids received for the group price. Each site for Groups "A" through "F" shall be maintained twice per month from March through October, and once per month from November through February. The exception to this specification is that the Main Plant, Port Acres Wastewater Plant, and Sabine Pass Wastewater Plant locations shall be mowed up to 3 times a month year round, at approximately 10 day intervals. Bidders shall provide unit price for cutting Group "G" sites (estimated 4 cuts per year). Note that maintenance frequency may change during the term of the contract, as determined by the City. Unit prices provided for each site are for the City's use should we require additional maintenance at only that site, and not the entire group. * Invoices for services rendered under this contract are to be submitted to the Wastewater Conveyance Superintendent,within three days of cutting,in order to check/verify completion of the work. Invoices for work not submitted within this time frame will not be verified, and will not be paid. INVOICES NOT COMPLETED PER THESE SPECIFICATIONS WILL NOT BE PAID. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and service to complete all work in a workmanlike manner as follows: 1. Sites in Groups A through F must be cut and trimmed with hand mower, weed trimmer, push mower, or riding lawn mower, as appropriate. Group "G" sites are for rough-cut and shall be maintained with bush hog and/or slope mower. 2. The schedule is attached. 3. Each site is to be clean cut and all fenced sites are required to be cut inside and around fenced areas, where practicable, as previously done or as directed by the City. 4. Trimming is required around all in-ground facilities, fences and concrete. 5. Vegetation is to be removed from all appurtenances and fencing. 6. Area will be cleared of all litter and debris prior to any mowing. 7. Litter and debris shall be disposed of properly, off site, at the contactor's expense. 8. All litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 9. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include, but not limited to, paper, wrappers, cans, bottles, building materials, disposable diapers and small limbs shall be cleaned prior to cutting of all properties. 10. Litter and debris shall be disposed of properly, off site, at the contractor's expense. Page 6 of 27 11. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be placed or blown into the City's Drainage Culverts or in the street. 12. Equipment blades are to be sharpened so that grass will be cut low. 13. Entrance roads, approaches, and/or driveways are to be maintained, (where applicable), e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. 14. For most facilities, the limits of cutting are the immediate area of past-maintenance, with a minimum of 5 feet around all fences and entrance roads, 10 feet around structures, and ANY areas adjacent and up to any street pavement. a. Specifically, for the Main Wastewater Treatment Plant, a five (5) foot span from the fence on the OUTSIDE of the perimeter shall be mown. 15. Ruts caused by contractor's equipment shall be filled at contractor's expense. 16. The contractor shall repair or replace, at his own expense, any damages to materials or property on site, resulting from negligence during grass cutting or associated activities. 17. Contractor must provide a list of equipment with their bid documents. 18. The contractors will be required to re-cut at their own expenses any areas deemed to be unsatisfactorily mowed. 19. Mow grass to a height of not more than 2 inches within five (5) days. 20. Time extension requests may be granted due to inclement weather or to unforeseeable events that are not caused by the contractor through approval of the Assistant Director of Utilities, Clyde Trahan, who can be reached at (409) 983-8556. If time extension is not given, the City reserves the right to use another vendor if the cut is not made in a timely fashion, within three (3) days after a rain event. 21. Herbicide spray is required around all fence lines and concrete structures at Lift Stations, Service Center, Water Towers and Pleasure Island Meter Pad, except where there is a concrete mow strip poured under the fence line. Herbicide is required around the fence lines, buildings, tanks, sidewalks, exposed pipes, valves, and concrete tanks and pads at all 3 Wastewater Treatment Plants. a. Herbicide is required at the Water Purification Plant, but ONLY around the fence line. 22. Proof of current license to spray must be provided with the bid documents if your company is spraying. 23. The contractor should bring the inability to access property or inability to mow for any reason to the attention of the City's authorized agent, before attempting mow. 24. Group H has construction. Contractor must go look at the property to have a proper perspective to mow around the debris and other items. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. The City reserves the right to award to as many contractors as Utility Operations deems necessary. During slow periods in the contract, the Utility Operations Department will contract Page 7 of 27 according to low bid. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation CONTRACT TERMINATION: 1st Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2nd Notice -A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. Emergency Plan Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the work load in a timely manner. Contractors should report immediately to Wastewater Conveyance Superintendent Jerome Hudson, all equipment failures, breakdowns, and rain delays in writing within twenty-four(24) hours. Page 8 of 27 Grass Mowing Schedule Month Cut Grass 1" Cut Start By Jan 1 time/mo lst thru 15th Feb 1 time/mo 1st thru 15th March 10 day intervals 1st thru 5th April 10 day intervals ls`thru 5th May 10 day intervals 1st thru 5th June 10 day intervals 1'` thru 5th July 10 day intervals 1st thru 5th Aug 10 day intervals 1st thru 5th Sept 10 day intervals 1st thru 5th Oct 10 day intervals lst thru 5th Nov 1 time/mo 1st thru 15th Dec 1 time/mo 1st thru 15th NOTE: THAT GROUP G WILL BE CUT AT IRREGULAR INTERVALS,AS REQUIRED BY THE CITY Page 9 of 27 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 1 of 6 BID FOR: Mowing at Utility Operations BID DUE DATE: September 6, 2023 Name Location Service Address Price per cut Group A Lift Stations& Sewer Plants Main Line 5440 Procter 5400 Procter St. $ Valley Forge Valley Forge&Taft Ave. Procter St.Ext. $ j' Manchester 6600 Gulfway Dr. 6580 Gulfway Dr. $ q 0 Pinetop Hwy 366&Pinetop 4801 Atlantic Rd $ c?` 40 Atlantic Road St. Atlantic Road.&39th St. 3949 Pure Atlantic $ ' 0 Fairlea Hwy 366& 32nd St. 7250 32nd St. $ c kir) Highland Heights Highland Heights @ Taft Elementary 2400 Taft Ave. $ Delmar 4043 Lakeshore Dr. 4110 Lakeshore $ 9 s q 0 Lewis Dr. 4831 Lewis Dr. (rear) 4729 Lewis Dr. $ 9 0 Peeke Ave 3900 Gulfway(rear) 1621 Brinkman $ (G,0 8th Ave 3600 Procter St. 3620 Procter St. $ s (2 0 Pioneer Park 3400 18th St. 3435 18th St. $ e) Water Towers&Misc vim. Pioneer Park 3600 Blk Gates Blvd. $ ; (:> Tower Procter St. Ext. Procter St. Ext.&Taft Ave. $ '/ 2 Tower Total Amount Bid for Group A $ .25 ?. sVi� 0 �5-2va3 Signature o id er Date Page 10 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 6 Name Location Service Address Price per cut Group B Lift Stations& Sewer Plants Hazel Ave 6140 Hazel Ave. 6160 Hazel Ave. $ /0,6 0 63`d St. 63rd St. 3100 blk. 63`d St. $ (7 , SS_ 62nd St. 2756 62nd St 6257 Jade Ave. $ 9' - West Port Arthur Rd 6441 West Port Arthur Rd 6475 West Port Arthur Rd $ 58th St. 2148 58th St. 2120 58th St. $ %2_, t t Camelia Plaza Camelia Plaza/WPA Rd WPA Rd. S ,-,.7 Lakeside Park 2100 Cambridge 2105 Cambridge $ 2 / 00 El Vista LS 5400 Terrace 5448 Terrace Ave. S G7?;S Roosevelt 5929 Roosevelt Ave 5929 Roosevelt Ave. $ 9-35 Vista Village 5230 Linkwood 5050 Houston Ave. $ / : 00 Operations Ctr. 4700 Houston Ave. 4850 Houston Ave. $ '~ 3' Montrose 8500 Wilson 8530 Wilson $ -??. 77 Hwy 365 1900 blk Hwy 365 1901 Hwy 365 $ BCD Dominion Ranch Dr. @ Main B Aero Drive Canal $ 17 OD Business Park Jade ave.ext. at the service road S CI', OZ) Water Towers&Misc West Port Arthur Road Tower WPA Road&60th St. $ ,3S,OD 62nd St. &Jade Ave. Tower(vacant site) $ o7•6 p.yam � �:y`l Hwy 365 Tower FM 365 &Main C Canal $ , ' r G� Standpipe 61"& Garnet $ , <� Total Amount Bid for Group B $ 3 N, de / g.-:S-?cz-,_3 Signature of$id Date Page 11 of 27 CITY OF PORT ARTHUR, TEXAS BID SHEET Pa2e 3 of 6 Name Location Service Address Price per cut Group C Lift Stations & Sewer Plants Sabine Pass Main S 4TH&Tremont 5080 S. 4'Ave. $ / ; Q S. 1st. Ave. S. 1st. &Quinn 7575 S. 1'Ave. $ /V KS 0 Dick Dowling S 1 Sl&Dowling 6897 S. 1 S`Ave. $ l v Welch St. 5100 Welch 5130 Welch St. $ SH 87 South 6500 S Gulfway 6500 S. Gulfway $ /O:v v Sabine Pass WWTPS. 4th St. &Tremont $ : C Water Towers&Misc Sabine Pass GST Next to SP Fire Station 5030 S. Gulfway $ 8-0= CAD Sabine Pass Standpipe S. 2nd Ave. Row&Mechanic St. $ zf 6. Across form Chevron refinery @ Gulf Copper Gulf GST&PS dock $ qr 0 Across from Scurlock Sea Rim Tank tank farm $ `7 \ t Total Amount Bid for Group C $ 7LCC) Si41Lattire o Bidde Date Page 12 of 27 CITY OF PORT ARTHUR, TEXAS BID SHEET Page 4 of 6 Name Location Service Address Price per cut Group D Lift Stations& Sewer Plants Lake Charles 1850 Lakeshore Dr 1850 Lakeshore Dr $ Z 4- �G Lakeshore 101 Houston Ave 121 W. Lakeshore Dr $ /6 s t Grannis 648 W. Procter St 400 Grannis Ave. $ /`1. 00 Stillwell 1600 19th St. 1600 19th St. $ ?2- U0 Sea Cabin LS S.H.82 @ T.B Ellison Pkwy $071'SCE T.B Ellison Pkwy.@ Disc Golf Disc Golf Course Course $ / e e 7C> Water Towers& Misc Railroad Ave. &Thomas Blvd. Tower $ yf , tD Old Golf Course Road&Rodeo Ln (Whole Property,cut up to road on all sides,one 24"pass on outside of road that's not maintained Pleasure Island EST by Pleasure Island.) $ J 72 Next to the bridge going to Cameron, Metering Pad on Pleasure Island LA $ .3E; s Cr) Terminal Road E.S.T. 1440 Terminal Road $ % d W Total Amount Bid for Group D $ 94/7,5 U r , .,,,,, `'lam�s y q't� LCo Sid uiref�Bidtler Date Page 13 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 5 of 6 Name Location Service Address Price per cut Group E Lift stations& Sewer Plants 3`d. Ave. 3400 3`d Ave. 3328 3RdAve. $ 7th Ave. Between 30th& 31 St. 3129 7th Ave. $ —62 11th Ave. Between 27'& 28th St. 2805 11`h Ave. $ 1 t2 Pear Ridge WWTP 3100 blk 42"d St. 3149 42"d St. $ ` ` 0° Highway 73 3300 W. Hwy 73 3340 W. Hwy 73 $ / `S 39th St. LS 3800 39t 3800 39t $ %of Smith Young 4820 39' St. 4548 39th St. $ 2 a, ©0 North Plant LS Old North WWTP Site 6439 Twin City Hwy $ 'lam c_ o 74th St. 74th St. &9th Ave. 7498 9th Ave. $ 46' St 46' St. dead end 4300 46th St. $ 33= 0° Forest Dr. (cut whole lot) Forest&Highland Dr. 4546 Highland Dr. $ %', Twin City Hwy. 4780 FM 365 $ /Or 00 Adams Elem. Near School 54459th Ave. $ % Z: 0 U West Park(cut whole lot) West Park&Rosedale 3100 West Park Drive $ (220, Vr) Water Towers&Misc Lake Arthur Stand Pipe Behind new YMCA @GSU Row $ 5� Total Amount Bid for Group E $ ,. '2 Z t f t! lj/� ift-Aa -20.-3 Signature ofidder Date Page 14 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 6 of 6 Name Location Price per cut Group F Service Center&Treatment Plants Water Utilities Service Center 111 H.O. Mills Blvd $ 3/t2-= New Water Purification Plant _ Dry bed to be included 1101 H.O. Mills Blvd. $ e $ ,C3 2200 Blk Norma Old Water Treatment Plant $ J/"6; VD Total Amount Bid for Group F $ , 0<5ibc e?%' Group G Miscellaneous Sites Wetlands Reserve Hwy 73 & Savannah $ Old Water Purification Plant 1401 19th St. $ Raw Water Reservoir Hwy 365 & Savannah Ave. $ Total Amount Bid for Group G Group H Wastewater Treatment Plants Main WWTP 6300 Procter St. Ext. $ C tt Hwy 365&Rodair Gully Port Acres WWTP (2901 Hwy 365) $ 07 r Total Amount Bid for Group H $ 95 3 , C,O f gn' �Ctc�st �r_ 11,E i OMPANY NAME STREET ADDRESS GNATU OF R ' P.O.O 3 PRINT OR TYPE NAME CITY STATE ZIP 0 'V C — 212? T_ LE AREA CODE TELEPHONE NO Awe d La ix.;t1 rn. •C m EMAIL FAX NO. Page 15 of 27 Equipment List Equipment Qt3' Size of Cutting Deck t Bush Hog /r ft. it Zero Turn or Riding Mower Sz job u j /(5r44 0 Weedeater /0 N/A Hedge Trimmers _j N/A Walk Behind 2_ N/A Chainsaw N/A Blower f N/A Edger 3 N/A Slope Mower y-- N/A Bat Wing N/A Number of Employees S 95 Signature of Proposer Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 16 of 27 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: ? / Printed Name: ' \' `J Title: Company: t7 �t��iGC /l� ti (ci('N" Date: - f —zC)c_� SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for t e State of Texas My commission expires: Jr )S ' _ 2-1 AURONICA ANTOINE €* *: My Notary ID#130089722 ',. Expires January 25,2027 Page 17 of 27 • • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay su ceeding 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. qi< L�-E to l.C,c-,,J�,' Cc). r''e ---ovv+CSCec 01 n 9'-/•- 2G 3 Firm Name ' ci: p....*7 / Date /Ai Aut orized Si d�ature Ti e g N//1(pleaseprint) /. 01 vOc I t`-� G/�%g `ifs ! 2_`7 Name Telephone L t e Zilko ry %,i ►'it.St-C ibryrin rn Email STATE: 7e -A) COUNTY:it-I)ebuAs, 60 SUBSCRIBED AND SWORN to before me by the above named (/act,,, € / 11 ..._. on this the I .5 d-- day of < ,_.Q/, 20 c?-7, . 1A91-1cL 4.1;cZD otary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ' *Y:►;, ;,: AURONICA ANTOINE i*E** *1 My Notary ID#130089722 '";; . Expires January 25,2027 - -- Page 18 of 27 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 vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Jn Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer 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? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 61 fl 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 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 '' � Page 19 of 27 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.usi DOGS/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 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) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,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 20 of 27 SB 252 CHAPTER 2252 CERTIFICATION I, /-f• 4,0Lryrvr: tare/ , the undersigned and representative of '�lye%[c- =rt/[vd (Company or Busss 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. . v'Ja aae Rite/ Name of Company Representative (Print) 7-1 e fu Sign t re of ompany Repres tative Date Page 21 of 27 House Bill 89 Verification I, l `l . ���- <��G�'t t E 1 (Person name), the undersigned representative (hereafter referred / to as "Representative") of o is C fr r 4.7. /.c;-velSe z kt.`-( (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. rr / c c v-C 1'GNATURE OF REPRE ENTATIVE � SU SC IBED AND SWORN TO BEFORE ME, the undersigned authority, on this / day of lvt f- , 20 IS No ry Public AURONICA ANTOINE • �� My Notary ID#130089722 Expires January 25,2027 ,OF Page 22 of 27 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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. Page 23 of 27 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 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 ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. Page 24 of 27 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 25 of 27 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 26 of 27 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. 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 27 of 27 EXHIBIT "C" (Purchasing Contract for BST Solutions, LLC) PURCHASING CONTRACT AGREEMENT THIS AGREEMENT is made this the of , 2023, by and between an individual, firm partnership or corporation, BST Solutions of Port Arthur, Texas, hereinafter called "Vendor", and the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called the"Owner"or"City". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, Owner and Vendor agree as follows: 1. The term of this Agreement is one year from the date issued on the Notice to Proceed, with an option to renew for two (2) additional one-year periods, 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 fifteen (15) days written notice. 2. The Vendor will provide Mowing services, as delineated and submitted in their bid on September 6, 2023. 3. During the term of this Contract, the Vendor will furnish all of the materials and supplies, as stated in the advertised bid specifications, described as: Mowing and Lawn Service for Groups F,G & H 4. The Vendor agrees to deliver all services during the term of this contract, at the unit prices listed on the Bid schedule dated September 6, 2023. 5. The term"Contract Documents"means and includes the following: (A)Agreement (B) Advertisement for BIDS (C) Invitation to Bid (D) General Information (E) General Specifications (F) Specifications (G)Bid (H)Bid Sheet (I) Notice of Award (J) Notice to Proceed (K) Addenda 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first above written. SIGNED AND AGREED to on the day of , 2023. WITNESS: CONTRACTOR: BST Solutions, LLC SIGNED AND AGREED to on the day of , 2023. WITNESS: CITY OF PORT ARTHUR Sherri Bellard Ronald Burton City Secretary City Manager THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER Cih' nf COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY DONEANE BECKOM HAROLD L.DOUCET,SR o r t r t h u r VAL TIZENO THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR Texas INVITATION TO BID Mowing of Utility Operations Properties DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 6, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, September 6, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-062 DELIVERY ADDRESS: Please submit one(1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 c lifton.williams(4ortarthurtx.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 by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 27 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Grass Cutting at Utility Operations is scheduled for August 25,2023 at 9:00 A.M.,the Water Service Center, 11 West H. O. Mills Road, Port Arthur,Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Page 3 of 27 INVITATION TO BID Mowing of Utility Operations Properties (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 4 of 27 SUBMIT THE FOLLOWING. A. BID SHEETS—PAGE 10-15 B. EQUIPMENT LIST- 16 C. NON-COLLUSION AFFIDAVIT—PAGE 17 (MUST BE NOTARIZED) D. AFFIDAVIT—PAGE 18 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN & DATE ON LINE 7- PAGE 19 F. CHAPTER 2252 CERTIFICATION—PAGE 21 G. HOUSE BILL 89 VERIFICATION—PAGE 22 Page 5 of 27 SPECIFICATIONS FOR GROUNDS MAINTENANCE UTILITY OPERATIONS DEPARTMENT The work to be performed under this contract is for grounds maintenance at various Water Utilities facilities detailed on the attached bid forms (GROUP "A" through GROUP "G"). A mandatory pre-bid meeting will be held to address any questions of prospective bidders. Prior to the bid opening, each prospective bidder shall inspect every site listed in the attachments in order to become familiar with any site-specific requirements necessary to comply with these specifications. Bidders are to provide unit prices for the maintenance of each location and totals for the entire group. Award of contract will be based on bids received for the group price. Each site for Groups "A" through "F" shall be maintained twice per month from March through October, and once per month from November through February. The exception to this specification is that the Main Plant, Port Acres Wastewater Plant, and Sabine Pass Wastewater Plant locations shall be mowed up to 3 times a month year round, at approximately 10 day intervals. Bidders shall provide unit price for cutting Group "G" sites (estimated 4 cuts per year). Note that maintenance frequency may change during the term of the contract, as determined by the City. Unit prices provided for each site are for the City's use should we require additional maintenance at only that site, and not the entire group. * Invoices for services rendered under this contract are to be submitted to the Wastewater Conveyance Superintendent,within three days of cutting, in order to check/verify completion of the work. Invoices for work not submitted within this time frame will not be verified, and will not be paid. INVOICES NOT COMPLETED PER THESE SPECIFICATIONS WILL NOT BE PAID. The contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and service to complete all work in a workmanlike manner as follows: 1. Sites in Groups A through F must be cut and trimmed with hand mower, weed trimmer, push mower, or riding lawn mower, as appropriate. Group "G" sites are for rough-cut and shall be maintained with bush hog and/or slope mower. 2. The schedule is attached. 3. Each site is to be clean cut and all fenced sites are required to be cut inside and around fenced areas, where practicable, as previously done or as directed by the City. 4. Trimming is required around all in-ground facilities, fences and concrete. 5. Vegetation is to be removed from all appurtenances and fencing. 6. Area will be cleared of all litter and debris prior to any mowing. 7. Litter and debris shall be disposed of properly, off site, at the contactor's expense. 8. All litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into smaller pieces by the mower. 9. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include, but not limited to, paper, wrappers, cans, bottles, building materials, disposable diapers and small limbs shall be cleaned prior to cutting of all properties. 10. Litter and debris shall be disposed of properly,off site, at the contractor's expense. Page 6 of 27 11. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be placed or blown into the City's Drainage Culverts or in the street. 12. Equipment blades are to be sharpened so that grass will be cut low. 13. Entrance roads, approaches, and/or driveways are to be maintained, (where applicable), e.g., alleyways, around telephone poles, sidewalks, culverts, fence-lines; and around developed structures, water meters, ditches and trees. 14. For most facilities, the limits of cutting are the immediate area of past-maintenance, with a minimum of 5 feet around all fences and entrance roads, 10 feet around structures, and ANY areas adjacent and up to any street pavement. a. Specifically, for the Main Wastewater Treatment Plant, a five (5) foot span from the fence on the OUTSIDE of the perimeter shall be mown. 15. Ruts caused by contractor's equipment shall be filled at contractor's expense. 16. The contractor shall repair or replace, at his own expense, any damages to materials or property on site, resulting from negligence during grass cutting or associated activities. 17. Contractor must provide a list of equipment with their bid documents. 18. The contractors will be required to re-cut at their own expenses any areas deemed to be unsatisfactorily mowed. 19. Mow grass to a height of not more than 2 inches within five (5) days. 20. Time extension requests may be granted due to inclement weather or to unforeseeable events that are not caused by the contractor through approval of the Assistant Director of Utilities, Clyde Trahan, who can be reached at (409) 983-8556. If time extension is not given, the City reserves the right to use another vendor if the cut is not made in a timely fashion, within three (3) days after a rain event. 21. Herbicide spray is required around all fence lines and concrete structures at Lift Stations, Service Center, Water Towers and Pleasure Island Meter Pad, except where there is a concrete mow strip poured under the fence line. Herbicide is required around the fence lines, buildings, tanks, sidewalks, exposed pipes, valves, and concrete tanks and pads at all 3 Wastewater Treatment Plants. a. Herbicide is required at the Water Purification Plant, but ONLY around the fence line. 22. Proof of current license to spray must be provided with the bid documents if your company is spraying. 23. The contractor should bring the inability to access property or inability to mow for any reason to the attention of the City's authorized agent, before attempting mow. 24. Group H has construction. Contractor must go look at the property to have a proper perspective to mow around the debris and other items. CONTRACT PERIOD: This Contract will terminate approximately twelve (12) months from date of execution with the option to renew for two (2) additional one year periods. The City can terminate this contract at its convenience which includes, but not limited to, funding being available in any budget cycle with thirty (30) days written notice. The City reserves the right to award to as many contractors as Utility Operations deems necessary. During slow periods in the contract, the Utility Operations Department will contract Page 7 of 27 according to low bid. It will be the Contractor's responsibility to provide documentation that their company has the equipment and the manpower to maintain their grass cutting obligation CONTRACT TERMINATION: lst Notice—A representative from the Utility Operations department will submit a certified letter stating the issues. 2nd Notice -A representative from the Utility Operations department will call contractor in for a meeting. 3rd Notice will be a letter of termination of contract for cause. Emergency Plan Is invoked as a result of excessive growth and the contractor unable to handle work load. The City reserves the right to utilize additional contractors in any area to reduce the health hazard from excessive growth and contractor's inability to handle the work load in a timely manner. Contractors should report immediately to Wastewater Conveyance Superintendent Jerome Hudson, all equipment failures, breakdowns, and rain delays in writing within twenty-four(24) hours. Page 8 of 27 Grass Mowing Schedule Month Cut Grass 1st Cut Start By Jan 1 time/mo Pt thru 15th Feb 1 time/mo 1 s`thru 15th March 10 day intervals 1'`thru 5th April 10 day intervals 1s`thru 5th May 10 day intervals Pt thru 5th June 10 day intervals lst thru 5th July 10 day intervals Pt thru 5th Aug 10 day intervals 1s`thru 5th Sept 10 day intervals 1s`thru 5th Oct 10 day intervals 1'` thru 5th Nov 1 time/mo 15t thru 15th Dec 1 time/mo 1s`thru 15th NOTE: THAT GROUP G WILL BE CUT AT IRREGULAR INTERVALS, AS REQUIRED BY THE CITY Page 9 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 1 of 6 BID FOR: Mowing at Utility Operations BID DUE DATE: September 6, 2023 Name Location Service Address Price per cut Group A Lift Stations& Sewer Plants Main Line 5440 Procter 5400 Procter St. $ No Bid Valley Forge Valley Forge&Taft Ave. Procter St. Ext. $ No Bid Manchester 6600 Gulfway Dr. 6580 Gulfway Dr. $ No Bid Pinetop Hwy 366&Pinetop 4801 Atlantic Rd $ No Bid Atlantic Road St. Atlantic Road.& 39th St. 3949 Pure Atlantic $ No Bid Fairlea Hwy 366& 32nd St. 7250 32nd St. $ No Bid Highland Heights Highland Heights @ Taft Elementary 2400 Taft Ave. $ No Bid Delmar 4043 Lakeshore Dr. 4110 Lakeshore $ No Bid Lewis Dr. 4831 Lewis Dr.(rear) 4729 Lewis Dr. $ No Bid Peeke Ave 3900 Gulfway(rear) 1621 Brinkman $ No Bid 8th Ave 3600 Procter St. 3620 Procter St. $ No Bid Pioneer Park 3400 18th St. 3435 18th St. $ No Bid Water Towers& Misc Pioneer Park 3600 Blk Gates Blvd. $ No Bid Tower Procter St.Ext. Procter St. Ext. &Taft Ave. $ No Bid Tower Total Amount Bid for Group A $ No Bid �/ it. 9/3/2023 Signature of Bidd F Date Page 10 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 2 of 6 Name Location Service Address Price per cut Group B Lift Stations& Sewer Plants Hazel Ave 6140 Hazel Ave. 6160 Hazel Ave. $ No Bid 63`d St. 63'St. 3100 blk. 63`d St. $ No Bd 62nd St. 2756 62nd St 6257 Jade Ave. $ No Bid West Port Arthur Rd 6441 West Port Arthur Rd 6475 West Port Arthur Rd $ No Bid 58th St. 2148 58th St. 2120 58th St. $ No Bid Camelia Plaza Camelia Plaza/WPA Rd WPA Rd. $ No Bid Lakeside Park 2100 Cambridge 2105 Cambridge $ No Bid El Vista LS 5400 Terrace 5448 Terrace Ave. $ No Bid Roosevelt 5929 Roosevelt Ave 5929 Roosevelt Ave. $ No Bid Vista Village 5230 Linkwood 5050 Houston Ave. $ No Bid Operations Ctr. 4700 Houston Ave. 4850 Houston Ave. $ No Bid Montrose 8500 Wilson 8530 Wilson $ No Bid Hwy 365 1900 blk Hwy 365 1901 Hwy 365 $ No Bid Dominion Ranch Dr. @ Main B Aero Drive Canal $ No Bid Business Park Jade ave.ext.at the service road $ No Bid Water Towers&Misc West Port Arthur Road Tower WPA Road&60th St. $ No Bid 62nd St.&Jade Ave. Tower(vacant site) $ No Bid Hwy 365 Tower FM 365 &Main C Canal $ No Bid Standpipe 61"&Garnet $ No Bid Total Amount Bid for Group B $ No Bid SehhutiL 9/3/2023 Signature of Bidde Date Page 11 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 3 of 6 Name Location Service Address Price per cut Group C Lift Stations& Sewer Plants Sabine Pass Main S 4TH& Tremont 5080 S.4TH Ave. $ No Bid S. lS1.Ave. S. 1st.&Quinn 7575 S. 1St Ave. $ No Bid Dick Dowling S 1st&Dowling 6897 S. 1a1 Ave. $ no Bid Welch St. 5100 Welch 5130 Welch St. $ No Bid SH 87 South 6500 S Gulfway 6500 S.Gulfway $ No Bid Sabine Pass WWTPS. 4t1i St. & Tremont $ No Bid Water Towers&Misc Sabine Pass GST Next to SP Fire Station 5030 S. Gulfway $ No Bid Sabine Pass Standpipe S. 2nd Ave. Row&Mechanic St. $ No Bid Across form Chevron refinery @ Gulf Copper Gulf GST&PS dock $ No Bid Across from Scurlock Sea Rim Tank tank farm $ No Bid Total Amount Bid for Group C $ No Bid c5e1e11•1e4-% 9/3/2023 Signature of Bidder Date Page 12 of 27 CITY OF PORT ARTHUR,TEXAS BID SHEET Page 4 of 6 Name Location Service Address Price per cut Group D Lift Stations& Sewer Plants Lake Charles 1850 Lakeshore Dr 1850 Lakeshore Dr $ No Bid Lakeshore 101 Houston Ave 121 W. Lakeshore Dr $ No Bid Grannis 648 W.Procter St 400 Grannis Ave. $ No Bid Stillwell 1600 19th St. 1600 19th St. $ No Bid Sea Cabin LS S.H.82 @ T.B Ellison Pkwy $ No Bid T.B Ellison Pkwy.@ Disc Golf Disc Golf Course Course $ No Bid Water Towers&Misc Railroad Ave.&Thomas Blvd. Tower $ No Bid Old Golf Course Road&Rodeo Ln (Whole Property,cut up to road on all sides,one 24"pass on outside of road that's not maintained NO Bid Pleasure Island EST by Pleasure Island.) $ Next to the bridge going to Cameron, Metering Pad on Pleasure Island LA $ No Bid Terminal Road E.S.T. 1440 Terminal Road $ No Bid Total Amount Bid for Group D $ No Bid c5'e�9men-% 9/3/2023 Signature of Bidder a Date Page 13 of 27 CITY OF PORT ARTHUR, TEXAS BID SHEET Pa2e 5 of 6 Name Location Service Address Price per cut Group E Lift stations& Sewer Plants 3'd. Ave. 3400 3`d Ave. 3328 3Rd Ave. $ No Bid 7th Ave. Between 30th&31 St. 3129 7d'Ave. $ No Bid 11d' Ave. Between 27th&28th St. 2805 11'Ave. $ No Bid Pear Ridge WWTP 3100 blk 42°d St. 3149 42"d St. $ No Bid Highway 73 3300 W. Hwy 73 3340 W.Hwy 73 $ No Bid 39th St. LS 3800 39th 3800 39' $ No Bid Smith Young 4820 39'St. 4548 39"St. $ No Bid North Plant LS Old North WWTP Site 6439 Twin City Hwy $ No Bid 74th St. 74th St. &9th Ave. 7498 9th Ave. $ No Bld 46'St 46th St. dead end 4300 46'St. $ No Bid Forest Dr. (cut whole lot) Forest&Highland Dr. 4546 Highland Dr. $ No Bld Twin City Hwy. 4780 FM 365 $ No Bid Adams Elem. Near School 54459"Ave. $ No Bid West Park(cut whole lot) West Park& Rosedale 3100 West Park Drive $ No Bid Water Towers& Misc Lake Arthur Stand Pipe Behind new YMCA @GSU Row $ No Bid Total Amount Bid for Group E $ No Bid 5:9e9krtert-IAA- 9/3/2023 Signature of Bidder Date Page 14 of 27 RIF CITY OF PORT ARTHUR, TEXAS BID SHEET Pa2e 6 of 6 Name Location Price per cut Group F Service Center& Treatment Plants Water Utilities Service Center 111 H.O. Mills Blvd $ $720 New Water Purification Plant Dry bed to be included 1101 H.O. Mills Blvd. $ $1,584 2200 Blk Norma Old Water Treatment Plant $ $300 Total Amount Bid for Group F $ $2,604 Group G Miscellaneous Sites Wetlands Reserve Hwy 73 & Savannah $ $1,000 Old Water Purification Plant 1401 19th St. $ $500 Raw Water Reservoir Hwy 365 & Savannah Ave. $ $1,000 Total Amount Bid for Group G $ $2,500 Group H Wastewater Treatment Plants Main WWTP 6300 Procter St. Ext. $ $720 Hwy 365 &Rodair Gully Port Acres WWTP (2901 Hwy 365) $ $576 Total Amount Bid for Group H $ $1,296 BST Solutions LLC. 230 Amy St. COMPANY NAME STREET ADDRESS c5r341yt,6rt. SIGNATURE OF B DER P.O. BOX Solomon Tyler Port Arthur , TX 77640 PRINT OR TYPE NAME CITY STATE ZIP Supervisor (409) 293-0092 TITLE AREA CODE TELEPHONE NO jbarnessadler@bstsolutionsllc.com 346-770-2535 EMAIL FAX NO. Page 15 of 27 Equipment List Equipment Qty Size of Cutting Deck Bush Hog 4 5ft,7 ft, 20ft Zero Turn or Riding Mower 2 60 inch Weedeater 6 N/A Hedge Trimmers 1 N/A Walk Behind 1 N/A Chainsaw 2 N/A Blower 1 N/A Edger 2 N/A Slope Mower N/A Bat Wing 1 N/A Number of Employees 3 376,4yte,t.%%AA, 9/3/2023 Signature of Propo r Date THIS PAGE MUST BE SUBMITTED WITH YOUR BID FORM. Page 16 of 27 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: John Barnes Title: Owner Company: BST Solutions LLc Date: 9/3/2023 � r� SUBSCRIBED and sworn to before me the undersigned authority by,c �� the of,&Mon behalf of said bidder. C— P otary Public in and for the 4 MISHONNIE BARNES State of Texas i4� Notary ID#133333882 '4 My Commission Expires September 15, 2025 My commission expires: do-5 Page 17 of 27 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. BST Solutions LLC 9/3/2023 Firm Name Date Owner thorized Signature Title John Barnes (337) 378-3205 Name(please print) Telephone Jbarnessadler@bstsolutionsllc.com Email STATE: TX COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named CJh0 l on this the Sefizeri.12,ep 1r day of ,20 23 . I c PVB MISHONNIE BARNES Notary Public i .rsi Notary ID#133333882 I My Commission Expires ( 'EcF c' September 15, 2025 T.UY111.T.ILiTIDAVIT AS PART OF THE BID PROPOSAL Page 18 of 27 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. OFRCE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. I Name of vendor who has a business relationship with local governmental entity. BST Solutions lie Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Clifton Willliams Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form 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? Yes X No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes XI No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Business fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176.003(a-1). ?J S� 9/3/2023 Signature o endor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3012015 Page 19 of 27 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 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) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,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 20 of 27 SB 252 CHAPTER 2252 CERTIFICATION John Barnes ,the undersigned and representative of BST Solutions LLC (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. John Barnes Name of Company Representative (Print) jfihi r3&A.r Signs of Company Representative 9/3/2023 Date Page 21 of 27 House Bill 89 Verification John Barnes I (Person name), the undersigned representative (hereafter referred to as "Representative") of BST Solutions LLC (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. if9i01./ 4/5a4-11A2S- SIGNA E OF REPRESENTATIVE rs SUB CRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of .,n(*if' , 20 _3. ;,*a,Pu„ MISHONNIE BARNES Notary ID#133333882 \�`,y2,-,._ip ;� � My Commission Expires Notary Public FORE September 15, 2025 Page 22 of 27 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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. Page 23 of 27 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 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 ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. Page 24 of 27 Contractor shall comply with all applicable laws, ordinances, rules, COMPLIANCE WITH LAWS: The p y pp orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 25 of 27 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 the Contractor. If the Contract is terminated bythe City(30) days notice in writing to 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 26 of 27 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary, to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. 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 27 of 27