Loading...
HomeMy WebLinkAboutPR 23929: TO RATIFY ENGAGEMENT OF AN ADDITIONAL TRASH COLLECTION CONTRACTOR m. hie 0 City of _ort rtltu Tiru c www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 17, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager .. From: Flozelle C. Roberts,EIT, MEng, MBA, CPM,Public Works Directo RE: P.R.23929—Ratifying the City Manager's Approval of the Engageme of an Additional Trash Collection Contractor Introduction: This agenda item requests the Council's ratification of the City Manager's decision to approve the order to engage an additional trash collection contractor. Background: Resolution 24-319 awarded the contract for trash collection services to Global Emergency Services,Inc. (Global)of Beaumont,Texas.Upon this company's engagement, staff determined that the contractor could not fulfill its contract in its entirety. Therefore, staff requested to engage Aftermath Disaster Recovery, Inc. (Aftermath) of Prosper, Texas, the secondary bidder for the trash collection services bid, for supplemental services. Aftermath is capable and willing to supplement Global's efforts for the amounts listed in their bid, $285.00/hour. Aftermath's supplemental work will not exceed$54,424.00. Budget Impact: The not-to-exceed budgetary impact is $54,424.00, and funding is available in the ARPA Revenue Loss—Garbage Collection Support account, ARP010-GRE-RNT. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that the City of Port Arthur City Council approves Proposed Resolution 23929, ratifying the City Manager's decision to approve the order to engage an additional trash collection contractor, Aftermath Disaster Recovery, Inc. of Prosper, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.23929 09/17/2024 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION RATIFYING THE CITY MANAGER'S DECISION TO APPROVE THE ENGAGEMENT OF AN ADDITIONAL TRASH COLLECTION CONTRACTOR, AFTERMATH DISASTER RECOVERY, INC. OF PROSPER, TEXAS, WITH A NOT-TO-EXCEED BUDGETARY IMPACT OF $54,424.00. FUNDING IS AVAILABLE IN THE ARPA REVENUE LOSS — GARBAGE COLLECTION SUPPORT ACCOUNT, ARP010-GRE-RNT. WHEREAS, upon the engagement of the trash collection services contract approved in Resolution 24-319, staff determined that the contractor could not fulfill its contract in its entirety; and, WHEREAS,to preserve and protect the City's public health,safety,and integrity,pursuant to the Texas Local Government Code 252(a)(2), the only method available to immediately fulfill the needs of the citizens was to acquire supplemental trash collection services; and, WHEREAS, staff requested to engage Aftermath Disaster Recovery, Inc. (Aftermath) of Prosper, Texas, the secondary bidder for the trash collection services bid, for supplemental trash collection services; and, WHEREAS, Aftermath is capable and willing to supplement Global's efforts for the amounts listed in their bid, $285.00/hour. Aftermath's supplemental work will not exceed $54,424.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, Pir PR No.23929 • 09/17/2024 FCR Page 2 of 3 THAT, the City Council of the City of Port Arthur hereby ratifies the City Manager's decision (Exhibit A) to engage trash collection services by Aftermath Disaster Recovery, Inc. of Prosper,Texas, for the not-to-exceed amount of$54,424.00 (Exhibit B); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this the day of , A.D. 2024, at a meeting of the City of Port Arthur, Texas,by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard, TRMC City Secretary PR No.23929 • 09/17/2024 FCR Page 3 of 3 APP D AS TO FORM: A44ierd3 oxann Pai troneo, Esq. ' City Attorne PR No.23929 09/17/2024 FCR Page 4 of 3 APPROVED FOR ADMINISTRATION: Ronald Burto M City Mana i _Alt - aI ��oze �ll- ' Rob �,�� Eng, MBA, CPM "Direc •r o Pub rks APPROVED AS FOR AVAILABILITY OF FUNDS: it , Lyn a Boswell, ICMA-CM, MA Director of Finance (lit‘ LA PP, Clifton E. Williams, Jr., CPPB Purchasing Manager PR No.23929 Exhibit A PR No.23929 Exhibit B PR No.23929 Exhibit A IIOMMMNMMOMMEMMIOMOMOMMIIIIMOMMIIIIIIIPPF City of nrt rtIt www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: September 6, 2024 To: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Directo RE: Approval of the Engagement of an Additional Trash Collection Contr ctor Resolution 24-319 awarded the trash collection contract to Global Emergency Services, Inc. (Global) of Beaumont, Texas. The City engaged its contract with Global in July. Although Global has made strides in removing the trash, staff has determined that additional assistance is needed with trash pickups. Aftermath Disaster Recovery,Inc. (Aftermath)of Prosper,Texas,the second bidder for the trash collection contract,is available and willing to assist the City in its pickup efforts for two weeks. Aftermath's work is expected to cost $54,424.00, with work commencing on Monday, September 9, 2024. Emergency approval is requested of the City Manager to engage Aftermath Disaster Recovery, Inc. for the not-to-exceed amount of$54,424.00 to supplement trash pickups throughout the City. The additional contractor will work for ten days. Staff will present a proposed resolution to the City Council for ratification and amendment. I,Ronald Burton,approve the request to engage an additional trash collection contractor for trash pickup t Aou,the City. Ronald Burt• -ThPM City M. . .ger "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR No.23929 Exhibit B r k ... e4 Z � 2 k EAI \ ° 13 X % W a _ 7 - § a. k _ Z 2Z 0 0 7 r .0 % Kk Q 2 2 \ 2 2 # O Eo § W cis . d § % c a 2 0 k F es ■ ■ m c 7 cg ■ 7 q o k 2 ■ E- 0 . g B $ § - cg § O 0 F 0 0 / - 20 % O 2 U 7 o c .§ < .7 / e Z S & 1 , o § `E 2 0 a. .\ 2 3 ' ; ■ c ° .v / d t-4 ..8 w \ ca d / k ` V � \ :0 # ^ LU _ f E., » / .... THURMAN BILL BARTIE,MAYOR \; RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of �; ' )i SHERRI BELLARD,TRMC COUNCIL MEMBERS: 1 i; � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t rt h u JAMES M.BLACK HAROLD L.DOUCET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,HI Texas DONALD FRANK,SR. JUNE 10,2024 1111 INVITATION TO BID TRASH COLLECTION SERVICES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 10, 2024. (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,July 10,2024 in the City Council Chambers,City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-046 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 cifton.wi l l iamsna,nortarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4w Street I Port Arthur,Texas 77641 1409.983.8160 Fax 409.983.8291 Page 1 of 3 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS,are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager ITN VIIAIIOIN lUlilll TRASH COLLECTION SERVICES (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: tri , 44, -CITY OF PORT ARTHUR,TEXAS trrt rthu�r..-- ADDENDUM NO.ONE(1) Ti,,r‘ June 13,2024 BID FOR: TRASH COLLECTION SERVICE The following clarifications,amendments, deletions,additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows addressing questions asked 1. Contractor must have two(2)people per truck. One driver and one operator. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. C'i:/ teK• a 2/It‘44/4-- CUL&Williams, CPPB Purchasing Mai}ager / 1 i �-_ 7/8/2024 ignature of rroposer Date Aftermath Disaster Recovery, Inc. Company Vendor Name CITY OF PORT ARTHUR Request for Bids Trash Collection Services June 8, 2024 June 15, 2024 PUBLIC NOTICE • CITY OF PORT ARTHUR.TEXAS INVITATION FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bias.addressed to the City of Port Arthur wit be receivec at the Office of the City Secretary Cry Hall 444 4th Street or PO.Box 1089, Port Arthur, Texas' 77641 no later than 3:00 P. M..Wednesday, July 10,2024 Applicant names wit be read aloud beginning at 3:15 RM.,Wednesday,July 10,2024 on this date in.the City Council Chambers.City Half Sth Floor for certain services briefly described as' TRASH COLLECTION SERVICES Bids received after the deadline stated above.r e-�ardless of method of delivery,wit rraf be considered and returned unopened. Copies of the Specifications and other Contracr.Documents are on file tr.the Purchasing Offir'-e,444 4th Street City of Port Arthur.and are open for public inspection without charge They can also be retrieved from the from the City's website al www.portarhurtx govrbids.aspx www.pubiicpurt;hase corn Tne City of Port Arthur reserves the right to reject any and at bids and to waive informalities Per Chapter 2 Article VI Sec 2 262iC o1 the City s Code of Ordnance,the City Council shall nor award a contract to a company that,s rc arrears in its obligations to the City. PUBLIC NOTICE. CITY OF PORT ARTHUR,TEXAS ULLA INVITATION FOR BIDS Clifton Purclweirq Manager s AT sealed Bids addressed to the City of Port Arthur wit,be received at the Office of the City Secretary,City Hall 444 4th Street or PO. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P. M..Wednesday. July 10, 2024 Applicant names will be read aloud beginning al 3:15 P.M.,Wednesday,July 10,2024 on this date in the City Council Charnbws City Hall 5th Floor for certain services briefly described as' TRASH COLLECTION SERVICES B ds received after the deadline stated above regardless or method of Delivery will not be considered and returned unopened Copies of the Specifications and other Contract Documents are r�oo ti e in te Purchasing Office be 444 4th Street,City of Port Arthur,and are open for public sp x vith bids astir charge They can so e retrieved from the from the City s websA*at www.po 90' corn The City of Port Arthur reserves the right to reject any and at bids and to waive informalities Per Chapter 2 Article VI Sec 2.262(C)of the City's Code of Ordinance the City Council shah not aware a contract to a company that is in arrears in its obligations to the City Clifton VVl1 ams Purchasing Uarreger a TABLE OF CONTENTS A. CONTRACT AGREEMENT B. ARPA FEDERAL FUNDING PROVISIONS C. ADVERTISEMENT FOR BIDS D. BID SHEET E. INFORMATION TO BIDDERS F. NOTICE OF AWARD G. INSURANCE H. SPECIFICATIONS I. HOUSE BILL 89 VERIFICATION J. NON-COLLUSION AFFIDAVIT K. AFFIDAVIT L. SB 252 CHAPTER 2252 CERTIFICATION M. FEDERAL CLAUSES SECTION "A" CONSTRUCTION AGREEMENT _ _-_-_-- CONTRACT FOR AS-NEEDED TRASH COLLECTION SERVICE THIS AGREEMENT,made this day of , 2024, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Aftermath Disaster Recovery, Inc., a corporation, herein acting by and through Adam Gonzalez hereinafter called "CONTRACTOR." WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 365 days from start date on Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty (30) days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment,labor and other services necessary in connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for $250.00 per ton or $285.00 per hour,not exceeding$345,000.00. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications f) Bid g) Bid Bond h) Notice of Award i) Payment Bond j) Notice to Proceed A- 1 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies), each of which shall be deemed an original on the date first above written. Signed on the day of 2024. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2024. ATTEST CONTRACTOR BY CITY SECRETARY A- 2 SECTION "B" ARPA FEDERAL FUNDING PROVISIONS {P. EXHIBIT"A" ARPA FEDERAL FUNDING PROVISIONS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS(2 C.F.R.& 200.327) (a) Appendix II to Part 200(A)- Remedies:The parties shall comply with the administrative.contractual. or legal remedies in the Contract Documents for when the CONTRACTOR violates or breaches the terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents (b) Appendix II to Part 200(B)-Termination for Cause/Convenience: The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents (c) Appendix II to Part 200 (C) — Equal Employment Opportunity: CONTRACTOR agrees as follows during the performance of the Contract. (i) CONTRACTOR will not discriminate against any employee or applicant for employment because of race. color. religion. sex. sexual orientation, gender identity. or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed. and that employees are treated during employment without regard to their race.color.religion.sex.sexual orientation,gender identity.or national origin.Such action shall include. but not be limited to the following: Employment, upgrading.demotion. or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training. including • • apprenticeship. The CONTRACTOR agrees to post in conspicuous places. available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause (ii) CONTRACTOR will. in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR. state that all qualified applicants will receive consideration for employment without regard to race. color. religion. sex. sexual orientation. Gender identity. or national origin. (iii) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about. discussed. or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information. unless such disclosure is in response to a formal complaint or charge. in furtherance of an investigation. proceeding. hearing. or action. including an investigation conducted by the employer. or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment (v) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24. 1965. and of the rules. regulations,and relevant orders of the Secretary of Labor. .11 (vi) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24. 1965. and by rules, regulations. and orders of the Secretary of Labor. or pursuant thereto. and will permit access to his books. records. and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules. regulations. and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules. regulations. or orders.this Contract may be canceled.terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule. regulation. or order of the Secretary of Labor. or as otherwise provided by law. A-4 (viii) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs(i)throuah (vii) in every subcontract or purchase order unless exempted by rules. regulations.or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions. including sanctions for noncompliance Provided however. that in the event the CONTRACTOR becomes involved in. or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided. That if the CITY so participating is a State or local government. the above equal opportunity clause is not applicable to any agency. instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules. regulations. and relevant orders of the Secretary of Labor. that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24. 1965. with a contractor debarred from. or who has not demonstrated eligibility for. Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II. Subpart D of the Executive Order. In addition. the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions. cancel. terminate. or suspend in whole or in part the grant (contract. loan. insurance. guarantee)for this project. refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant. and refer the case to the Department of Justice for appropriate legal proceedings. (d) Appendix II to Part 200 (D) — Davis-Bacon Act. Copeland ("Anti-Kickback-i Act The Contract Documents include these requirements le) Appendix II to Part 200(E)—Contract Work Hours and Safety Standards Act (i) Overtime Requirements No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek (ii) Violation. liability for unpaid wages: liquidated damages In the event of any violation of the clause set forth in paragraph (i)of this Section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages In addition. such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic. including watchmen and guards. employed in violation of the clause set forth in paragraph (i) of this Section. in the sum of 510 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (i) of this Section. (iii) Withholding for unpaid wages and liquidated damages CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld. from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such a-; Ft contract or any other Federal contract with the CONTRACTOR.or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act. which is held by the CONTRACTOR. such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paraaraph (ii)of this section. (iv) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paraaraph (ii)through (iv)of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(i)through(iv)of this Section (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement. This provision is not applicable to the Contract. (a) Appendix II to Part 200(G)—Clean Air Act and Federal Water Pollution Control Act CONTRACTOR shall comply with the following (i) Pursuant to the Clean Air Act. (1) CONTRACTOR agrees to comply with all applicable standards. orders or regulations issued pursuant to the Clean Air Act. as amended. 42 U S C & 7401 et seq.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3)CONTRACTOR agrees to include these requirements in each subcontract exceeding$150.000 (ii) Pursuant to the Federal Water Pollution Control Act. (1) CONTRACTOR agrees to comply with all applicable standards. orders or regulations issued pursuant to the Federal Water Pollution Control Act. as amended. 33 U.S.C. 1251 et seq.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding S150.000. (h) Appendix II to Part 200 (H)—Debarment and Suspension. (i) This Contract is a covered transaction for purposes of 2 C.F.R pt. 180 and 2 C.F.R pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. & 180.995)or its affiliates(defined at 2 C.F.R & 180.905) are excluded(defined at 2 C.F.R & 180.940) or disqualified (defined at 2 C.F.R. & 180.935). (ii) CONTRACTOR must comply with 2 C F.R. pt 180. subpart C and 2 C F R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F R pt 3000. subpart C. in addition to remedies available to the CITY the Federal Government may pursue available remedies. including but not limited to suspension and/or debarment (iv) CONTRACTOR agrees to comply with the requirements of 2 C.F.R pt. 180. subpart C and 2 C.F.R. pt, 3000. subpart C throughout the Contract The CONTRACTOR further agrees to include a provision requiring such compliance in its subcontracts. (v) CONTRACTOR warrants that it is not debarred. suspended. or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Contract are not debarred. disqualified. or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Contract (i) Appendix II to Part 200(I)—Byrd Anti-Lobbying Act (i) Contractors that apply or bid for an award exceeding $100.000 must file the required certification Eath tier nertifies to the tier ahnue that it will not and has not used Federal annrnnriated funds to nav any .A-6 person or organization for influencing or attempting to influence an officer or employee of any agency. a member of Congress. officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract.grant or any other award covered by 31 U.S.C. 1352 Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (ii) If CONTRACTOR has not submitted the required certification.CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1"and incorporated herein by this reference. (i) Appendix II to Part 200(J)—§200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act.as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable. consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10.000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000: procuring solid waste management services in a manner that maximizes energy and resource recovery: and establishing an affirmative procurement. (ii) In the performance of this Contract. the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired. competitively within a timeframe providing for compliance with the contract performance schedule: meeting contract performance requirements;or at a reasonable price. (iii) Information about this requirement. along with the list of EPA-designate items. is available at EPA's Comprehensive Procurement Guidelines web site. https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment. services. or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system. or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232. section 889. covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety. security of government facilities. physical security surveillance of critical infrastructure.and other national security purposes.video surveillance and telecommunications equipment produced by Hytera Communications Corporation. Hangzhou Hikvision Digital Technology Company. or Dahua Technology Company(or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense. in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation. reasonably believes to be an entity owned or controlled by. or otherwise connected to.the government of a covered foreign country. (ii) See Public Law 115-232.section 889 for additional information. (I) Appendix II to Part 200(L)—§200.322 Domestic Preferences for Procurement: A-7 (i) CONTRACTOR shall. to the greatest extent practicable. purchase acquire. or use goods. products. or materials produced in the United States(including but not limited to iron, aluminum. steel, cement. and other manufactured products). The requirements of this section must be included in all subcontracts (ii) For purposes of this section: (1) "Produced in the United States" means. for iron and steel products, that all manufacturing processes. from the initial melting stage through the application of coatings. occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum: plastics and polymer-based products such as polyvinyl chloride pipe: aggregates such as concrete:glass. including optical fiber: and lumber 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS(2 C.F.R.6 200.321) (a) CONTRACTOR shall be subject to 2 C.F.R. §200.321 and will take affirmative steps to assure that minority firms. women's business enterprises. and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race. color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include. (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists: (ii) Assuring that small and minority businesses.and women's business enterprises are solicited whenever they are potential sources: (iii) Dividing total requirements. when economically feasible. into smaller tasks or quantities to permit maximum participation by small and minority business. and women's business enterprises: (iv) Establishing delivery schedules. where the requirement permits. which encourage participation by small and minority business.and women's business enterprises: and (v) Using the services/assistance of the Small Business Administration (SBA). and the Minority Business Development Agency(MBDA)of the Department of Commerce. (c) CONTRACTOR shall submit evidence of compliance with the foregoing affirmative steps when requested by the CITY 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c)of ARPA. Treasury's regulations implementing that section. and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY. Treasury Office of Inspector General and the Government Accountability Office. or any of their authorized representatives access to any books. documents. papers. and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA. regulations adopted by Treasury pursuant to section 603(f) of ARPA. and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes. regulations. and executive orders, including.without limitation,the following: A-8 (i) Universal Identifier and System for Award Management (SAM). 2 C F R. Part 25. pursuant to which the award term set forth in Appendix A to 2 C F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information. 2 C.F.R. Part 170. pursuant to which the award term set forth in Appendix A to 2 C F.R Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).2 C.F.R. Part 180. including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F R. Part 180. subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R Part 19. (iv) Recipient Integrity and Performance Matters. pursuant to which the award term set forth in 2 C.F.R Part 200.Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace. 31 C.F R. Part 20 (vi) New Restrictions on Lobbying. 31 C.F R Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S C. §§ 4601-4655)and implementing regulations (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including. without limitation.the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §& 2000d et sea.) and Treasury's implementing regulations at 31 C.F.R. Part 22. which prohibit discrimination on the basis of race. color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.). which prohibits discrimination in housing on the basis of race. color. religion. national origin sex. familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973.as amended(29 U.S C §794).which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance (iv) The Aae Discrimination Act of 1975.as amended(42 U.S C §§6101 et sea.).and Treasury's implementing regulations at 31 C.F.R. Part 23. which prohibit discrimination on the basis of ace in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990. as amended (42 U S.0 && 12101 et seq.). which prohibits discrimination on the basis of disability under programs. activities. and services provided or made available by state and local governments or instrumentalities or agencies thereto (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal. civil, or administrative sanctions. including fines. imprisonment. civil damages and penalties. debarment from participating in federal awards or contracts. and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency. CONTRACTOR agrees to comply. as applicable. with the requirements of the Hatch Act (5 U.S C. section 1501-1508 and 7324-7328). which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (f) Protections for Whistleblowers. (i) In accordance with 41 U.S.0 § 4712. CONTRACTOR may not discharge. demote. or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below. act A-9 ,.✓'�Y/.o-ti'-£o-tr,.t�f'�� a s`-',�,.'.>�v'-..ti-rter:�.s..�� .; _.v--rc ss u'+aa<.i.v_w _...,:•e. a...e..:... .?M`ux, { fr: 6 or grant. a gross waste of federal funds.an abuse of authority relating to a federal contract or grant.a substantial and specific danger to public health or safety. or a violation of law.rule.or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following. (11 A member of Congress or a representative of a committee of Congress: (2) An Inspector General, (3) The Government Accountability Office: (4) A Treasury employee responsible for contract or grant oversight or management: (5) An authorized official of the Department of Justice or other law enforcement agency: (6) A court or grand jury. or (7) A management official or other employee of CONTRACTOR.or a subcontractor who has the responsibility to investigate. discover. or address misconduct. (g) Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043. 62 FR 19217 (Apr. 18. 1997). CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned. rented or personally owned vehicles. and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving Pursuant to Executive Order 13513. 74 FR 51225 (Oct. 6. 2009). CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract. including but not limited to. the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964. as amended. which prohibits exclusion from participation. denial of the benefits of. or subjection to discrimination under programs and activities receiving federal funds.of any person in the United States on the around of race, color. or national origin(42 U S.C. &2000d et sea.). as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166: directives: circulars: policies: memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166. "Improving Access to Services for Persons with Limited English Proficiency (LEP)." seeks to improve access to federally assisted programs and activities for individuals who. because of national origin. are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs. services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly. CONTRACTOR shall initiate reasonable steps. or comply with Treasury's directives. to ensure meaningful access to its programs. services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs. services and activities. As a resource. the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP. please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's cuccPsznrs.tro^.sfc. provided. A- , (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subiect to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors. successors.transferees and assignees: The subcontractor, successor. transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964. which prohibits recipients of federal financial assistance from excluding from a program or activity. denying benefits of. or otherwise discriminating against a person on the basis of race. color. or national origin(42 U.S.C. 6 2000d et seq.). as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with `Limited English proficiency"in any program or activity receiving federal financial assistance. 42 U.S.C. 6 2000d et seq.. as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury.this assurance obligates the CONTRACTOR. or in the case of a subsequent transfer.the transferee.for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided. this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration. mediation.litigation.and monitoring of any settlement agreements that may result from these actions.CONTRACTOR shall comply with information requests. on-site compliance reviews.and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race. color. or national origin. and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide. upon request, a list of all such reviews or proceedings based on the complaint, pending or completed. including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance. including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities. CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49. CODE OF FEDERAL REGULATIONS. PART 29 CONTRACTOR certifies. by signing and submitting this form, to the best of his or her knowledge and belief, that: (I) No Federa appropriated funds have been paid or will be paid. by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension,continuation,renewal. amendment. or modification of any Federal contract. grant. loan.or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement.the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352.Title 31. U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10.000 and not more than $100.000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts.which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. ./ Signature: /1/i,..1 /-) Printed Name: Adam Gonzalez Title: Director of Business Operations Firm Name: Aftermath Disaster Recovery, Inc. A- SECTION "C" ADVERTISEMENT FOR BIDS _ _ CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed Bids,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 P.M.,Wednesday,August September 6,2022. Applicant names will be read aloud beginning at 3:15 P.M., Wednesday, September 6, 2023 on this date in the City Council Chambers,City Hall,5th Floor for certain services briefly described as: TRASH COLLECTION SERVICES Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. ,('A-,z(ei.f.- Clifton VV illiams Purchasing Manager FIRST PUBLICATION: AUGUST 16,2023 SECOND PUBLICATION: AUGUST 23, 2023 SECTION "D" BID SHEET CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Trash Collection Service BID DUE DATE: July 10, 2024 ITEM DESCRIPTION OPTION 1 OPTION 2 la Emergency Trash Collection $250.00 /TN $285.00 /HR Aftermath Disaster Recovery, Inc. 1826 Honeysuckle Ln COMPANY NAME STREET ADDRESS r SIGNA URE DER P.O. BOX Adam Gonzalez Prosper TX 75078 PRINT OR TYPE NAME CITY STATE ZIP Director of Business Operations (972)-984-8969 TITLE AREA CODE TELEPHONE NO adam@aftermathdisaster.com N/A EMAIL FAX NO. SECTION "E" INFORMATION TO BIDDERS INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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: F By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP,you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. 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. I 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.: Accounts Payable, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT:Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur,in accordance with the State of Texas Prompt Payment Act,Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,rules,orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. OUANTITIES: 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 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. 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. al 4 SECTION "F" NOTICE OF AWARD THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM - 410 CITY MANAGER ( Ott of COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY DONEANE BECKCOM HAROLD L.DOUCET,SR r 1 r!h u r VAL TIZENO THOMAS J.KINLAW HI CITY ATTORNEY DONALD FRANK,SR. NOTICE OF AWARD Date Vendor Attn: Address City, State,Zip Re: You are notified that on ,the City of Port Arthur City Council awarded the above referenced contract. Within ten(10)days after you comply with the conditions listed below,the Purchasing Manager will issue to you a written Notice to Proceed and Purchase Order. Work must not begin until these documents have been issued to you. Two(1)original Contract Documents and one(1)copy of Resolution No. accompany this Notice of Award. You must comply with the following conditions precedent within ten(10)days of the date of this Notice of Award that is by or by the first working day thereafter.You must deliver to the Purchasing Manager: 1. One(1) fully executed Contract. 2. One(1)signed,original Notice of Award. 3. One (1) original Certificate of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insurers, in accordance with the General Conditions. 4. One (1) HB 1295 Form filled out completely. For more information go to the following website. Please return all requested documents to: City of Port Arthur, TX Attn: Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 Page 1 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 N I I SECTION "G" !' INSURANCE Aftermath Disaster Recovery Port Arthur, TX— Trash Collection Services Proof of Insurance Certificate AC O- CERTIFICATE OF LIABILITY INSURANCE WOE,1a0)13Y YYY1 t` _. 1V26.2623 TIM CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTWICATE HOLDER.THIS CERTIFICATE DOES NOT AF'FIRMA1WELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTEICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S1.AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER __ ._ IMPORTANT. If the certificate holden a en ADDITIONAL WSURED,the .t hate._v.....,_.N.AL_ _._... provisions co be endorsed. poBryltesi must have woomorlAL INSURED B SUBROGATION IS WAIVED,sullied to the terms and conditions of the policy,certain policies may require en endorsement. A statement on this certificate does not wader rights to the cenlili else holder lit tints et Suet endersantentlt). nt0OUCElt clAnwsl FU 1 Tissue Mee TruEhlarlh Companies,L.C. -Xy c r 500 1st St SE t .it436627:3 fro�aeX _i. :=:i R71136374 Cedar R u apAs IA 52401 vome l` CeitS4A*UenALIKI rltlAtrma.wm ra011045IAtfiMrlew COVFHAOt NAIL ecf Luce S.1fethrt,ui kllXaaIKe COIN/WV 1256,3 , rrsiethe ;.'le.::_..;1 Mona^a.Matt Iron ac3Erataie Inset ewe Cuelputry 3185 ARertnath Disaster Recovery.Inc 1526 Honeysuckle LN *sumac.Great Anaa Eva InessaliceC . 166S1 ._ Prosper TX7son MEURER0 Neatens Sentence iiarlaavac 17310 *ISAAC e.Key Risk Insulates ComWny 10138.5 aeurtERf. COVERAGES CERTWICATE NUMBER:1274205t08 REVISION NUMBER. TIES IS TO CERTIFY TrtAF Ttd:POLICES OF vsSUAANtE LISTED BELOW HATE BEEN 1,55116(7 TO IHE INSURED NAMED ABOVE FOR TIlE PTIIGY PER4CD r'EXCATEO. NOTVt'ITtISIAHN3irC ANY REOIIIREPJEHT,TERM OR CC 5511 nv OF ANY CONTRACT OR OTHER DOCUMENT Yelta RESPECT 10 VeinCH 6115 CU IWICAIL Maw ILL LSSULLI Lin MAY PERTAIN TIE INSLIUNCE AFFORDED BY 111E POLICIES DE'TTCRI1ED RERUN IS SUHL3ECI TO ALL VI C TEIWTL EXCLUSIONS Alai C 5(711013RS of SUt:11 POLICES LDATS SHOWN MAY r1AVE BEEN REDUCED BY PAID C:LAa.4 eda A60LtlIR POLICY Elf POuCY Eta 4Ia /YPO Of INauRANCS area lava POU4031010BER (YWOOawyI (NIriafa YYY3 leafs 'I X Cmt1Eeew.06aHfu LIANIlt1V ECFCAM 114.10 1©'21,14123 012/32074 Tula,omfariFNCI 51,000030 j ct APJS.AMOt1E1 OM AUE tU ReIMMO 1 ng0,01PC Fruit PIellaESIE,S,W1aly! WO EYP rxt..x µso.=. .1.,0110 — P ISERWC X,t P:.A LaV IRT 51,500.OW e.E:N.AC,IAITCIOL:aWli,Wl'xf5 PEA (EWAALM]L3ECATF SY;iltifiCIXI 1'r-A_IL,E { Ej 1UC MI xnl^_r(1.luWr50PAIj 52 ilia OM 011e1R I AYt11tu1114E1.1aaYry UAP201114510 1137/121123 IA21/2024 a TTEFL/'..t-L nut u.,Li S 1,000000 i,P.. 0 X Ant A Ill Wall'INJURY Oa 00,4, 5 —UM(efe — SCa CCEMEED eooa.Y MAURY Ire.L,af41 5 AU1U5 ON, AWTOe AEi3 X W..YY YArtEO I'feX31,YIUAYALY. 3 b9 ilo r05 OILY Ai 105 OIL i1t 3 1 IWW€LALAO `X yGtfr 14-X203411511.1t1 IO77r2U71 IA!/0n74 Lai..13Oh u4CNCL 5:01100 Y `� UUII4711s03 1027,2013 0212024 __— . — . X EXCESS UM LLAWarvfLLk: ACC/AU:AU 15,110001, A1 ASE4FNS xi 1110X: 5 S.0110.0XII ILIUM Al WId COrPfNSAT ION AVWCLA'Qf.:40717 17 71 0 /'21121 07/.'2054 X Igra-um I ieNF MICUMP OYES*UPAiuIV Y.a Ae{nRWtiite/GRf*anrrN:ri "utll`e: I V"I StA El CMie M:CIAtli y 1,ODU.030 xmaarff$a lfcflEUCfbi''11 (_f _ 1,111 d aYaaR EL L{cFagE EA LI.rtCWEl-S I.WlOUltl 9txx 3POO..n,Lt c3c.YlibrrKNl of OPERA 11Uns Gdvn r ___ _ EL Lx6LhSE R"x.,t.Y EMI i1sUU0 L 0 're l.a,r0. i4J..4 .. lYP2041/d Ill LL 1021a2021,.�942/!21174 I.4111K:vx 111UIIOXItA 11111 ktr UNIt4010537 11X2rll1Z3 Al/±2024 sae' 10U0030 C P..aRewAUv,n 3505f 0.440.li V-1435133 07112tR3 517ri21L74 wee n.VUU(A:W oksetkoP ON eP OPFFATKINa r LOG,.barer VEelcaea oceR6 ten Achflausa l*e..n,Lu.se4it ow,a....Mt if want..ut.K nyul.4 Wutkers ConrparsEkln Excluded OBoer Meianae Con7ceYy It Yes is incheated alloys kit slot inn!hum Gen Lode ECPI 246 0V21(unagnn81 and ECP1248 01121 icempleied essd and Autu BENV CA 06 08117:11,4llex II - Yee Is induodet]above Vol xviVel set stdlrugesue Vitv3 Coo List)ECP12.d0 01/21,Auto CAA444 aai WC WC000313 04154 uepllea.Carthage to extentled Ss awls pedormed sne required under written ccthcxi watt the 41r2033 ISarOed insured-Ee1es0Uant45111 I0tn Sy polity see Dog m FT%extends swiN Be Autu:fad General LAdabty and Ewes:linlbleie%M WW entity sterling it OA5H extends aver Pnaev7idn 8 indenraty and Weaker Clxl:yerlsalNm EanWuyttt's Llat.`tatr. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIE EXPIRATION GATE THEREOF, NOVICE MU. IE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. To Whom h May Concern „xxrvertnuc.Ic.funrraA "O 1988.2015 ACORD CORPORATION.Ali Hghts reserved. ACORD 25{2015/03) The ACORD name and logo are registered marts of ACORD 1 'I I 4 SECTION „H,. SPECIFICATIONS SPECIFICATIONS FOR EMERGENCY TRASH COLLECTION SERVICES The Cityof Port Arthur is seekingassistance from a company with experience and knowledge in P Y P g the collection of green waste, construction material, demolition, furniture, appliances, chemicals such as paint and other bulky items with the exception of concrete. The City is seeking the following equipment and services: 2 to 4(40)yard grapple trucks. Trucks must be equipped with rear dump beds. NO MANUAL OFF LOADING WILL BE ALLOWED AT THE LANDFILL. Drivers/operators with a minimum of 3 years experience. Drivers/operators must have minimum 3 years experience in collecting both Class C and Class D debris. Their experience must cover all types of waste except for concrete. Drivers/operators are responsible for removing debris without damaging property. Drivers/operators are responsible for racking and collecting the debris that the grappler cannot collect. Drivers/operators must make sure the woking area is clear of all debris before moving to the next area. Drivers/operators must provide their own safety gear,racks, loves, forks, shovels, etc. Operating hours will be from 7 A.M. to 5 P.M. Contractor must provide the services within 2 hours from the request. Fees must be for a daily rate to include truck, fuel, driver/operator and all related appurtenances. Please submit list of equipment. s�€t SECTION "I" HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, Adam Gonzalez (Person name), the undersigned representative (hereafter referred to as "Representative") of Aftermath Disaster Recovery, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term"boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. IGr4 E OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of \ , 20 ;)tk. (OTARY �EKHY,q City/County of l 01/4.e'r---r t Commonwealth of Virginia The foregoing instrument Nt tckpowledged before me Ths t day of ! 4 UBLICtt t �, ���0CQ.t�+t�h+aA ,A01_1� tf1 � aryPublia�Q- Qryry �U (( r'�o35a,‘ Reg.#4�`1� OOm.Exp. � r7— { SECTION "J" it NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: 0 1, .lt,1,1 ZAL_______-- Printed Name: Printed Name: Adam Gonzalez Title: Director of Business Operations Company: Aftermath Disaster Recovery, Inc. Date: 7/8/2024 SUBSCRIBED and sworn to before me by the above named Y L. }��kf, on this the day of 1- LL..-� , 20 1 a_. (4_(-T U Notary Public in and for the ��p.LEKyY State of Tcxa^s vt� se Gflp My commission expires: C � 1 +;} �" 0 NOTARYPUBLIC 3 ;;;;,,, City/County of ('—C�� y[`'3 4FCommonwealth of Virginia O G' 8%g3The foregoing instrument y�a3_acknowledged before ALTH me This day of \ tk(4 'Lc.' Lki Gitifo , cV4,n(Or No yPublic Beg. . sl j Com.Exp. .h .S. 'PO 1 1 SECTION "K" AFFIDAVIT 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. Aftermath Disaster Recovery, Inc. 7/8/2024 Firm Name Date C//1 n Director of Business Operations /Aut orized Signature Title Adam Gonzalez 972-984-8969 Name(please print) Telephone adam@aftermathdisaster.com Email STATE: V A COUNTY: F,,'r SUBSCRIBED AND SWORN to before me by the above named km._ tD h yi L) on this the day of , �L , 20 O.-4 . ��� oG\pt EKHyg Notary Public � Da NOTARY PU� T 'N THIS AFFIDAVIT AS PART OF THE BIDPROPOSAL 0 2 City/County of -- �ct 33 �F 9° O� Commonwealth of Virginia O'L�,G.#s^a+,5� � The foregoing instrument was acknowledged before i A LTH O me This day of tipII,Y C.—AA; (7.)4tc ) Ls)"tc"A L to r, urliNeiaR Put c Reg•, >6 f� �`" f Com.Exp. FC,k �(S 0 1 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found 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) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids. correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 SECTION "L" SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, Adam Gonzalez , the undersigned an representative of Aftermath Disaster Recovery, Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract 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. Adam Gonzalez Name of Compan epresentative(Print) Signature of Co ep ntive 7/8/2024 Date SECTION "M" FEDERAL CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD 4 VD FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. § §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies."49 C.F.R. Part 31,apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made. it makes, it may make,or causes to be made, pertaining to the underlying contract or the TXDOT assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes,or causes to be made,a false, fictitious,or fraudulent claim,statement, submission,or certification.the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 4. The Contractor also acknowledges that if it makes,or causes to be made,a false, fictitious,or fraudulent claim, statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by TXDOT under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(I)on the Contractor,to the extent the Federal Government deems appropriate. 5. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements applies to this Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TX DOT Recipient in accordance with 49 C. F. R. 18.36(i),the Contractor agrees to provide the Purchaser,the TXDOT Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books,documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions.Contractor also agrees,pursuant to 49 C. F. R. 633.17 to provide the TXDOT Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,5309 or 5311. 4. FEDERAL CH.L\GES Federal Changes-Contractor shall at all times comply with all applicable TXDOT regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d,section 303 ofthe Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132,and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age,or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements TXDOT may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color,Creed,National Origin.Sex - In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C. § 2000e.and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity." 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project.The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,creed, national origin,sex.or age. Such action shall include, but not be limited to,the following:employment,upgrading.demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements TXDOT may issue. 5. Disabilities- In accordance with section 102 of the Americans with Disabilities Act,as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.Part 1630,pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. s. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by TXDOT, modified only if necessary to identify the a fleeted parties 6.i2ISADVANTAGED BIJSINESSENIERPRISE(DBE) 7. It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises(DBEs)as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently,the DBE requirements of 49 C.F.R Part 26 applies to this contract. 8. The Contractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise(DBE)program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract,which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 3 7. TERMINATION TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract,or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,the Contractor will be paid for the service that it has performed up to the termination date.If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. 8. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name},the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States,unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C)and 49 C.F.R.661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. I 10.RESOLUTION OF DISPUTES.BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 11.RESTRICTIONS ON LOBBYING, (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, as implemented by the Department of Transportation in 49 C.F.R.Part 20,and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier,such disclosure form shall be furnished to the Authority. 12. CLEAN AIR a) The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§§7401 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 13.CLEAN WATER ACT (I)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels-The contractor agrees:a.to use privately owned United States- Flag commercial vessels to ship at least 50 percent of the gross tonnage(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient(through the contractor in the case of a subcontractor's bill- of lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel is. FLY AMERICA REOUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 16. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex,age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141,et seq. and 18 USC 874.The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR 5.S(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.1!) enumerated at 29 CFR 5.S(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.S(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts'requirements are satisfied. (1) Minimum wages- (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section I(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered i .. wages paid to such laborers or mechanics,subject to the provisions of paragraph (!)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans, funds,or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall always be posted by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area bythe construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(l)(ii)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wagedetermination. (B)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding-City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees,and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i)of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a"Statement of Compliance." signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CPR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CPR part3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CPR 5.12. (5)Apprentices and trainees-(i)Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity -The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination: debarment -A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. rr j` . 1lw , , , , r'~ '1/4 \ ir- d'' :,:i$ , i----, *''''", '-: "\--..' ' '- '''' ‘ ,,-, W. -144 : . - .1.4 ,er , • } yye i d f s } •O• - W-4T 1-0.--.-,' t 1 ; xr t fins t 1 / \:- r M i 1j j } t t.,. at? IR ` 1. Response to: ITB: Trash Collection Services July 10, 2024 @ 10:00 AM ORIGINAL I IPrepared for: Co of Port Arthur, Texas I :Prepared by II AFTER T Aftermath Disaster Recovery DISASTER RECOVERY I I AFTER MAT DISASTER RECOVERY aiminam July 10, 2024 The City of Port Arthur City Secretary 444 4th Street, 4th Floor Port Arthur, Texas 77641 Re: ITB: Trash Collection Services Dear City Secretary, Aftermath Disaster Recovery prides itself in its ability to respond quickly and effectively to all of our clients. In response to the City of Port Arthur Invitation to Bid: Trash Collection Services, we are pleased to offer our proposal. For over a decade, Aftermath has helped communities collect debris from disaster events both large and small. While our experience has focused mainly on disaster response and debris removal services, we also have experience operating bulk trash collection routes in the cities of Dallas and Austin. Our main business of disaster debris removal gives Aftermath ample qualification for the services advertised in this ITB because we own multiple self-loading grapple trucks and have many experienced operators who can effectively and efficiently collect vegetative and C&D waste, as well as all manner of trash from the City rights-of-way. I have attached a list of our previous project experience, highlighting relevant examples of bulk collection routes, as well as our owned equipment list to demonstrate Aftermath's capability to fully serve the city's needs. We want to ensure all clients benefit from our personalized attention, so we take a strategic approach to all of our contracts. We view all of our clients as true partners who depend on us.We guarantee that you will never feel like another number on somebody's client list. In selecting Aftermath Disaster Recovery for this contract, Port Arthur receives a partner dedicated to serving you and your community. Owners Melanie Corley and her partner Obie Corley are closely involved in every project because we the need to tailor each project to its specific needs so that we can get the job done well. We have the knowledge, expertise, and diligence to exceed your expectations. We would be honored to use the skill and experience we have gained over the years to serve the City of Port Arthur, Texas. Sincerely, Aftermath Disaster Recovery, Inc. 1826 Honeysuckle Ln Adam Gonzalez Prosper, TX 75078 Director of Business Operations Adam@AftermathDisaster.com 1826 Ilonasuckle Ln.. Prosper I (972) 567-1489 www .AttermathDisaster.com c E E z E A 0 en 0o o E — io 0 m to n) co c Ud c u.. W • o U N CaI .a _T O a) La E = m a) U -o - E N CCO V O V M CDCD r.- I- 03 V co co h- C N U) U) M N r- N- of co- co to NO3 .0 Q▪) N N U) CO M N a Z N 40 C') ' CO O O to M M 03 N Q O) 4� N a) N O U N 0 0 4 N 0 p c c ++ 7 0 U) CO _ p• N p OO 4 aci — o p E dU a � -, c : U coO N U (I) -I C.) o U U � Q Q) ~ o Q 0) O.� Z rn o Z co d 0 eri o CO m rn COQ) wCD CD CD00 0 0 CD LO N 0 00 o ,a- 6- o a co 0 p 0 tV ao S M oc U to M to. M O) cO � CO co a c en �» e s U. a13 U+ I I v I M I v I M M M C f 0 Q C V N M G M N M N�j N N M N CO Q NO d p N p cv CCV D o, O N O N N j N N M N 1p N O p N U N O NU �� c0� �Q N(�") X CO c= - co a 0 `r) c O.> co `N c O L o '� `ci U `c c tr a7 _ a) Y = N N CO C) U C C-)co m O�O 2 N U N v G i6 p O -- O it 4] Y C W yyy.0 > p N c ,= O1 Z N O 0 CI. p 73 O = a • 000 N a "C C t C N O .�� o O 7 _T CU a m a L U O t c m >- >. c a`� C�j w `m ^�U ..... - m c c c'N 3 a) E vi n L 5.). aw�i E — a).c N it w E io cn N o o " C E >. oa) o � 'a. ca �' oc � Uo � 3 . .E a 3 £L m m o m w N E a E V.> >°) U C. o— 0o ,- caa) o Z`o c- .f , 3 ^+ 0_— � Eo c a) m oo � a) E oc co E W v $o, `o�) oE co �Lm oa o `o ▪ -- •cc? =` co moo4 fn Y i.)d N Nc. E U"� ((J� a) O- DI N (` = N C L r0 O C.((,,-.� CO a) _ 0.) O N W N c0 C (` of a) FLU, 1] co.0., N Q p �0 C"_ 4 N N 2 C ?i ,O C N o C O N N C c TILL o cow'O N U C U 0¢ia U m-� E > »- c U mL U� e• ll.c 0 03 o `� c 15 N a) N 3 0 `i) d E N - m Y/ c4i E c n) a) nL E o E n v E Ua .o 0 O N O o rn a) a) N C O o o = a) E amm U v'O a o)a c0 o r3 rt -6 2 d-0 2 ca a N o E-o U C.) U-O —o — a) a) a) a) — a) C C C C U a) CI) V U U C CO 0 03 U CO O > Q > > > > 0c N CO W I- U IJi LL U, I- Fx I- Lin Cf) - CU CD T N (0 N ct ? O C N C - t� m 'c o•a o Q E / a) `o =-o aaro) a)s 0 o o U M Q U U I L g O 3 -cm J .T 2 o a U Eo E E c c c N U > Ud E X ). X .} O T p SC U U U U E CO L 6o W �a N= a - a U co (9 0 x o E a y CO ni c V E On cu c c c H co CV CV CVa- COO co Cr) OD OD 0) O d d OD 0 M O CO CO CV [D CV LID el CV CVN M O CO O tD aD 4 4. V cn N LU CDCV (D CO cc, CVCO N N CVCO a Z co CO') LO CD O O O LO OD CV CO R 1.0 LO LO CO }. T Y C C C — N _ O U CO ' m m cn co) <n a) C - 0 0 Z Z Z O O L a) = a) a) 0 a) d U a DO Ca c.9 CD (.9 Cr) r r U W U U 0 C_) C_.) U '(Q CV COCOQ CD CO c 0 N Z c") CO M CV Z CO O'D CD CO U d N OO a) CO wCV L. Cn ~ aN0 O� CO CL U v coo `no `n CO �� o) COam v CV (6 NEiJ Hen- odl C_ it •Q w ' M N N I N I N ' N I N I N t O N N N N N N C V N N C V N N N 0 O N O N O N N N CV O N O O N N O O O N L .a a CO CO C� N(O cc)CV co ,_Ch .AID C �N CV CV N i N �`- O' •`-.N- F1J N O,_�- li')CO [T)V C�co O�M N Cro 0) cn C CO C No C C C' oo 8 o n u) m CO -� as S.a m 3 E E �� a)y E c > 8 wa w�V v o +'' N n C C Y CO O Cn U 07-D -O 'O - 'C, O O y '� E m 0 0 m Q co c O c t c c n c .0 >, 'F3 o)-n U h o al co Y m o co o O0 �9 Oi -'m E ui Y s o CA a o)-O co � m-9 Q .,-0 a 03 nm y`°o -o co c mt E m m v V- W w L Q c -0 O 0 W C co y 0 m-C 7 m U 0 U CO c Cm o E-o o c) m > cu c > m O O O O C CL O O C L' d L' O O 'o C7) C LL h O O CO ...... ' >CV '� 0 Ya m rn coo LL () n c-c 0 �) CD 0 W E-O ma )n° }o �EL11 C CD c 5(� Clp�co O n � ♦:. 0 O LL m rn O C d d Q m N > =j N T.-1 C O=->V a O O L O- CD U W o)J TO).0 N N t CO C .o= "00 c O ..O m~ Q `m m -O LL-N - `� � me >o T 0-o m m c 0 m t o = E I m 0 p - m c o m=o E m c CO E 3 ' °) w n °) m a `O m T O - 01 m N C (O 3 y Q)T - Q) T `t C) tn E Oa)-o m .c cg �n -Q r o = > c E c E t a n`o m m o E E m - m - 3 8 coU E E 0 y o g � m m m 0 0,� a`3 m c`c it m a n3 a0 o E- o�) v o l.4 m 0 0 3 O 0 3d `� .0 2 E a)oba a) c - c c c rn m m c ,=13 0-o c- o W 2 2 2 O 2 2 = i ~ LL LL LL I- al !n m -0 'n O U c O T C pCp n J m m n n C U f0 11) C Q U (O J 7 C L 0 L O J L O m 0 E U C o f o)m w_j o o -E L' 4 U _o-(' U �.`'' o 3� m•c `m c� �� Z no o O a) co p ma cr m=o o � m•- o O m Q �Wm -) <� ~ I- 0 mLL 0 Z�� CO U E 8E E q \ c � S � .c �oƒ ® ƒ (7 \ k 7 ( \ CO ƒ 2 .11 CO •cr CO % \ = cli \ / 03 /\2 \0. 3 a\ \ « C)LL CD /? = c § 5 �7 - CD a � ƒ _ J _ 3 CCD \\ \\ z� % = 2a 3\ �k « 3 2@ (0 §7 k§ t0a k CB o }§ W7. CI) - - -- \ §.0\ . \ $ a 5 CD CO > al0 -- c O /\$) w22- . E z § a § ± - - /\/\ CU )/ o/// 0u, o — o= i= 8 D ] � / Ef2f7\/\ \ a F2 &EE.ZLc_ / § — O 2 = 2} > / ` T } § 0 & 2 3a > E c = § ( /§ 2 )b T \, ƒ — 77 00 z 00 Aftermath Disaster Recovery Port Arthur, TX— Trash Collection Services Vehicles and Equipment Aftermath Disaster owns a fleet of ten self-loading, debris-hauling truck and trailer combination units that have approximately 170 cubic yard capacity per unit. All of our equipment is well-maintained in order to minimize breakdowns. We have staff mechanics on our maintenance crew who are always on hand in case a mechanical failure occurs which further reduces down time. Our mobile service trucks are equipped to handle anything but the most major of breakdowns. Aftermath Owned Equipment List Year Make Model Description VIN#/Company ID# Asset Class 2022 PETE 567 Truck,loader 1NPCL40XXND775649 VEHICLE 2022 PETE 567 Truck,loader 1NPCL40XXND775650 VEHICLE 2022 PETE 567 Truck,loader 1NPCL40XXND775651 VEHICLE 2022 PETE 567 Truck,loader 1NPCL40XXND775652 VEHICLE 2007 FRGHT TR Truck,loader 1FVMCSDE27HY25596 VEHICLE 2002 Sterling LT Truck,loader 2FZHAZA892A163622 VEHICLE 1987 KW TR Truck,loader 1XKWDB9X4HS340685 VEHICLE 1994 KW W900 Truck,loader 1XDDB9XXRJ621484 VEHICLE 1995 Ford TR Truck,loader 1FDZY90T8SVA08301 VEHICLE 1992 WSTR TR Truck,loader 2WLPCCCH1NK930453 VEHICLE 1986 FRGHT TR _Truck,loader 1FUPYSYBOGH275039 VEHICLE 1994 KW T800 Truck,loader 1XKDDB9XXRJ621484 VEHICLE 2006 Sterling TR Truck,haul 2FWJA3AV26AU51554 VEHICLE 1997 PETE TR Truck,haul 1XP5DB9X3VN431334 VEHICLE 2001 INTL TR Truck,tool 1HTSCAAM91H376645 VEHICLE 1991 Ford F700 Truck,pickup 1FDNK74PXMVA36377 VEHICLE 2007 Chev 2500HD Truck,pickup 1GCHK23637F501674 VEHICLE 2019 Ford F250 Truck,pickup 1FT7W2BT3KEE40607 VEHICLE 2019 Chev Suburban Truck,SUV 1GNSKHKC4KR186883 VEHICLE 1982 Transcraft TR Trailer TC16976 TRAILER 1984 Grai DP Trailer G8418078 TRAILER 2006 Transcraft FB Trailer 1TTE5320761079356 TRAILER 2006 Transcraft FB Trailer 1TTE5320361079354 TRAILER 1999 KIDR VN Trailer,enclosed 1K9132811X2054014 TRAILER 1987 Town FB Trailer,flatbed 2237 TRAILER 1992 Frue FB Trailer,flatbed 1H2P05029NW038402 TRAILER 1998 RDIH FB Trailer,flatbed 47SF252T8W1013601 TRAILER 2000 Vern FB Trailer,flatbed 5B7291866Y000368 TRAILER 2003 Hmde FB Trailer,flatbed MS15TLOOX00009056 TRAILER 1993 TARA FB Trailer,flatbed 1T9EA4881P1204398 TRAILER Aftermath Disaster Recovery Port Arthur, TX— Trash Collection Services Year Make Model Description VIN#/Company ID If Asset Class 2000 BTEX UT Trailer,gooseneck 4K8GX2624Y1361276 TRAILER 2002 GENR FB Trailer,loader 112H8V329YL056277 TRAILER 2004 Load UT Trailer,loader 4ZECF182741168639 TRAILER 2020 Braz LB Trailer,lowboy 4B9BKLT37LH054725 TRAILER 1999 Trai SD Trailer,stepdeck 067453 TRAILER 1999 RAVE FB Trailer,stepdeck 1R1F44826XK990418 TRAILER 1998 Bels UT Trailer,utility 16JF0242W1031911 TRAILER 2000 CM VN Trailer,utility 49TCB1018Y1048331 TRAILER 2018 DownToEarth DTE824D07B Deckover trailer 5MYDD2425JB061521 TRAILER 2020 Kubota 95 Skid Steer KBCZ063CPL1G52111 EQUIPMENT 2015 Bobcat A300 Skid Steer 572315561 EQUIPMENT 2008 Bobcat A300 Skid Steer 541321755 EQUIPMENT 2007 Bobcat A300 Skid Steer 539911943 EQUIPMENT 2005 Bobcat A300 Skid Steer 526411597 EQUIPMENT 2003 Bobcat A300 Skid Steer 521111459 EQUIPMENT 2002 Kobelco SK250LC Excavator LL08-U0520 EQUIPMENT 2013 Morooka MST3000VD Tracked dump A300106 EQUIPMENT 2014 Pans 12x4 Aluminum pans Childress custom PANS 2019 CanAm 8MKC ATV,Defender Max 3JBUCAP48KK001225 VEHICLE 2005 HM 42 Barge NJZ44968HULL VESSEL 2005 HM 45 Barge NJZ44969HULL VESSEL 2017 HM 40 Barge TX94056 VESSEL 2015 HM 40 Barge TX56125 VESSEL 2018 HM 40 Barge TX45821 VESSEL 2008 Child Barge Barge,aluminum deck TQE01190E808 VESSEL 1979 Panther 15 Airboat PAP019000079 VESSEL 2006 SilverDollar 21' Airboat OK501108G506 VESSEL 2008 HM 45 _ Vessel NCZ38635D808 VESSEL 2004 Skiff 24 Boat EKHA25091304 VESSEL 2004 Skiff 24 Boat EKHA3061J221 VESSEL 2004 Skiff 24 Boat EKHL3496J115 VESSEL 2003 Coam LT Travel trailer 1TC2B046233001255 BUNKHOUSE 2012 KYRV TV Travel trailer 4YDT28122CD420049 BUNKHOUSE 2019 Starcraft AutumnRidge Travel trailer 1SABSOBPOK2BL5092 BUNKHOUSE 2019 Starcraft AutumnRidge Travel trailer 1SABSOBP1K2BL5165 BUNKHOUSE 2019 Starcraft AutumnRidge Travel trailer 1SABSOBP8K2BL5163 BUNKHOUSE 2017 Morbark 6600 Horizontal grinder GRINDER 2017 Morbark 6600 Horizontal grinder GRINDER 2016 Caterpillar 320 with shear EXCAVATOR 2017 Caterpillar 326 with thumb EXCAVATOR 2019 John Deere 650 dozer BULLDOZER Aftermath Disaster Recovery Port Arthur, TX— Trash Collection Services Bonding Capacity Information A_M E R IS U R E Amensure Mutual Insurance Company Amerisure Insurance Company 1 ---SURETY AmenssurePartnersInsuranceCompany P.D.Box 9098 Farmington Hills.MI 48333-9098 April2_• 2024 Aftermath Disaster Recovery,Inc 1826 Honeysuckle Ln Prosper,TX 75078 To Whom It May Concern, The purpose of this letter Is to confirm that Aftermath Disaster Recovery,Inc is a valued surety customer of Amensure Surety(Anierisure). Amerisure Is on the Department of Treasury's Registry Listing of Approved Sureties(Orcular 570) and rated by AM Best,A(Excellent-financial Size Category CI). Amensure has enjoyed a strong relationship and has the utmost confidence in the management team at Aftermath Disaster Recovery,Inc. At the present time we would favorably consider extending surety support on individual projects up to S 50,000,000 and$100,0000,000 on an aggregate work program. We understand that you are considering Aftermath Disaster Rrrowery,Inc for future projects. Contingent upon favorable review of contract documents,financing Information and other pertinent underwriting information al the time bonds are moored.it would be our intention to provide such bonds You understand.of course,that our considerattor and issuance of Ponds is a matter solely between Aftermath Disaster Recovery,Inc and ourselves,and wilt be subject to our standard underwriting at the time of the request.We assume no liability to you,nor any other third party.should we decide nor to issue said bonds This letter a rid an assurryptior of Inability,nor is A a bid,performance or payment bond It is issued only as a bonding reference requested from us by our client it we can provide further Information,please let us know Sincerely.� ce Adam Stable Branch Manager Amerisure Surety cc: Bob Kollsmith Aftermath Disaster Recovery Port Arthur, TX— Trash Collection Services Texas HUB Certificate Texas Historically Underutilized Business(HUB)Certificate HUB CertiricateN um tD Number: 1463248226200 4111 Approval22-JUL-2020 Date: Scheduled Expiration Date: 486989 22JUL-2024 Slitrw,dt 1,110”.>Il y 1rff t;III.N 8�4ln,,,Pogrim The Texas Comptroller of Public Accounts(CPA),hereby certifies that AFTERMATH DISASTER RECOVERY, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 24-JUL-2020,supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management,operational control, business location)provided in the submission of the business' application for registration/certification as a HUB,you must immediately(within 30 days of such changes)notify the HUB Program in writing.The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility.HUB certification may be suspended or revoked upon findings of ineligibility. Statewide HUB Program Statewide Procurement Division Note:In order for State agencies and institutions of higher education(universities)to be credited for utilizing this business as a HUB.they must award payment under the CertificateMD Number identified above_ Agencies,universities and prime contractors are encouraged to verily the company's HUB certification prior to issuing a notice of award by accessing the Internet(https:i/mycpa.cpa.state.tx.usitpasscmblsearch/index.jsp)or by contacting the HUB Program at 512-483-5872 or toll-free in Texas at 1-888-863-5881. Tip - AIA Document A310Tm - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Aftermath Disaster Recovery,Inc. of business) 1826 Honeysuckle Ln Amerisure Mutual Insurance Company ,Pros crTX 75078 This document has Important legal P 2677 Halstead Road consequences.Consultation with Farmington Hills,MI 48331 OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City of Port Arthur 444 4th Street 4th Floor Any singular reference to Port Arthur,TX 77640 Contractor,Surely,Owner or BOND AMOUNT: Five(5)Percent of the Amount Bid other party shall be considered plural where applicable PROJECT: (Name,location or address,and Project number, if any) Trash Collection Services-Annual Contract for Bulk Collection Services Port Arthur,TX The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 3rd day of July, 2024. Aftermath Disa. Recove Inc. (Principal) (Seal) (Witless) (Title) Amerisure Mutual Llsurance Company (Surety) (Seal) (Witness (Title) Lukas Schroder,Morin-1n.Fact CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An original assures that changes will not be obscured. AIA Document A310"'—2010.Copyright W 1983,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA4' Init. Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of tills AIA`Document,or any portion of It,may result in severe civil and criminal ponalttss,and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e•mad The American Institute of Architects'legal counsel,copyrlghl@aia.org. mule AMERISURE AMERISURE MUTUAL INSURANCE COMPANY SURETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Amerisure Mutual Insurance Company,Amcnsure Insurance Company and Amerisure Partners Insurance Company are corporations duly organized under the laws of the State of Michigan(herein collectively the"Companies"),and that the Companies do hereby make,constitute and appoint LUKAS SCHRODER,KURT FELLER,ROBERT L. KOLLSMITH, JASON D.SMITH,JAMES M. SMITH and DORA B.STEVENS TrueNorth Companies,LC of its true and lawful Attomey(s)-in Fact,each in their separate capacity if more than one is named above,to sign,execute, seal and acknowledge,for and on its behalf and as its act and deed,bonds or others writings obligatory in the nature ofa bond on behalf of each of said Companies, as surety,on contracts or suretyship as are or may be required or permitted by law,regulation,contract or otherwise,providal that no hors!or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED MILLION ($100,000,000.00)DOLLARS This Power of Attorney is granted and signed by facsimile under and by the authority of the tollowing Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company,Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17.2022 "RESOLVED,that any two of the President&Chief Executive Officer,the Chief Financial Officer&Treasurer,the Senior Vice President Surety,the Vice President Surety,or the General Counsel&Corporate Secretary be,and each or any of them hereby is authorized to execute,a Power of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety,and that President&Chief Executive Officer,Chief Financial Officer& Treasurer or General Counsel&Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificale relating thereto electronically/digitally or by facsimile,and any such Power of Attorney or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached; FURTHER RESOLVED,that any work carried out by the attorney-in-islet nurntant to this resolution shall be valid and binding upon the Company" •I'itS IN ;.4.t•ti•VIV\ro ti.- � c By: r p'4sPORgj:`Y, o r`,? . I o Michael A Ito,Senior Vice President Surety a;r, .n a. u `"r,: :y:° �`cci l SEAL SEAL f�L SEAL ;ea; r sn 2000 a/ }st' 1986 2000 0 :be stiA icrfiGP .ryD �s��bd! ilioPt�af By nt Surety ur ry G�.'?.a +� Aaron Green,Vice President Sure Tea, IN WITNESS WHEREOF,Amerisure Mutual Insurance Company,Amerisure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 26th day of April 20 23 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Illinois County of Kane On this 26th day of April ,2023,before me,a Notary Public personally appeared Michael A.Ito,of Amerisure Mutual Insurance Company,Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company,Amerisure Insurance Company and Amerisure Partners Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies°mew.SEAL • NOTARY atsuc,STATE OF xidHO a M Kenny,Notary Public ►rr COMMISSION UPON roorrmxa I,Christopher NI Spaude,the duly elected Chief Financial Officer&Treasurer of Amerisure Mutual Insurance Company,Amerisure Insurance Company and Amerisure Partners Insurance Company,do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies,which remains in full force and effect IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 3rd day of July - __20 24 Christopher M Spaude,Chief Financial Officer&Treasurer