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HomeMy WebLinkAboutPR 24256: WATER SEWER LEAK REPAIRS CONTRACRTS FOR WATER UTILITIES DEPT. City of nrt rthu INTEROFFICE MEMORANDUM Date: March 28, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 24256—Water/Sewer Leak Repairs Contracts for Water Utilities Department Introduction: The intent of this Agenda Item is to seek City Council's approval for SETEX Construction of Beaumont, Texas and Jet Aeration of Texas, LLC of Vidor, Texas to provide water/sewer leak services to the Water Utilities Department. These services are needed due to the excessive water and sewer main breaks. The contracts are to be for a one-year period,with services rendered on an as-needed basis with a combined total projected estimated amount of$300,000.00. Background: There are excessive water and sewer main breaks during particular times of the year, and emergency contracts are needed in place to ensure the integrity of the water and sewer systems are maintained, and that quality service is provided to the citizens and customers of Port Arthur. Due to the excessive water and sewer main breaks it is recommended to award both contracts. Budget Impact: These contracts have a combined total projected estimated amount of $300,000.00, where $150,000.00 of the funds are available in Account No. 410-40-215-5315-00-00-000, Water System Maintenance and $150,000.00 in Account No. 410-40-220-5313-00-00-000, Sewer System Maintenance. Recommendation: It is recommended that City Council approve PR 24256, to execute contracts for water/sewer repair services as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24256 3/25/25 cm Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SETEX CONSTRUCTION CORPORATION OF BEAUMONT, TEXAS AND JET AERATION OF TEXAS,LLC. OF VIDOR, TEXAS, BOTH FOR EMERGENCY WATER AND SEWER LEAK REPAIR SERVICES FOR A COMBINED TOTAL PROJECTED ESTIMATED AMOUNT OF $300,000.00, WHERE $150,000.00 OF FUNDING IS AVAILABLE IN ACCOUNT NUMBER 410-40-215-5315-00-00-000, WATER SYSTEM MAINTENANCE AND $150,000.00 OF FUNDING IS AVAILABLE IN ACCOUNT NO. 410-40-220-5315-00-00- 000, SEWER SYSTEM MAINTENANCE. WHEREAS, there have been excessive water main and wastewater line breaks in the City's system during the past several months in which additional assistance is required to support operations in maintaining the quality of the system; and, WHEREAS, pursuant to Section 252.042 of the Texas Local Government Code, on February 22, 2025 and March 1, 2025, the Purchasing Department advertised to seek qualified contractors to provide on-demand response to repair or install water distribution and wastewater conveyance pipes and appurtenances for the City of Port Arthur(Exhibit"B"); and, WHEREAS, two proposals were received on March 12, 2025, and evaluated by staff; and, WHEREAS, SETEX Construction Corporation of Beaumont, Texas was the highest ranked and recommended to be the primary vendor(Exhibit"A"); and, WHEREAS, Jet Aeration of Texas, LLC. of Vidor, Texas was the second highest rank and recommended to be the secondary vendor(Exhibit"A"); and, PR No. 24256 3/25/25 cm Page 2 of 4 WHEREAS, it is deemed in the best interest of the City to award contracts to both responsive bidders, SETEX Construction Corporation of Beaumont, Texas and Jet Aeration of Texas, LLC. of Vidor, Texas for emergency water and sewer leak repairs as needed; and, WHEREAS, the combined total projected estimated amount for the contracts is $300,000.00, where $150,000.00 of funds are available in Account No. 410-40-215-5315-00-00- 000, Water System Maintenance and $150,000.00 in Account No. 410-40-220-5315-00-00-000, Sewer System Maintenance. 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. THAT, the City Manager is hereby authorized to execute contracts with SETEX Construction Corporation of Beaumont, Texas in substantially the same form attached hereto as Exhibit "C" and Jet Aeration of Texas, LLC. of Vidor, Texas in substantially the same for attached hereto as Exhibit "D", both for the purpose of providing emergency services, on an as- needed basis, for water and sewer repairs for a one-year period. THAT, the combined total projected estimated amount is $300,000.00, where $150,000.00 of the funding is available in Account No. 410-40-215-5315-00-00-000, Water System Maintenance and $150,000.00 of funds available in Account No. 410-40-220-5315-00- 00-000, Sewer System Maintenance. THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. PR No. 24256 3/25/25 cm Page 3 of 4 READ, ADOPTED, AND APPROVED, this day of , 2025, AD, at a Regular Meeting of the City Council of the City of Port Arthur. Texas by the following Vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 24256 3/25/25 cm Page 4 of 4 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: ONIV � 1 Ronald Burton P City Manager alvin Matthews, P.E. Water Utilities Director APPROVED AS TO FUND AVAILABILITY: -(AL) )69( Lynda Boswell, M MA, ICMA-C Finance Director ' j Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" (Bid Evaluation) '" 3 ` 't7 = )Z C n .�^. w c A �. w c/, f S r ••• (_n 'B Al .r c 0. n o w v o fo J c n L c a, c s. O V O S 0 n c E ,a et N — o, ; Y ?* c i 0D - y o 0 y - z :111CI 1144{611D , ''..'-."3...\""1 r. EXHIBIT "B" (Request for Bids) CITY OF PORT ARTHUR Request for Bids Water/Sewer Leak Repairs for Utility Operations February 22, 2025 March 1, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS tice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the ice of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no 3r than 3:00 p.m.,Wednesday,March 12,2025 and all bids received will thereafter be opened and id aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers,5th Floor, y Hall,Port Arthur,Texas for certain services briefly described as: WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS Is received after the deadline stated above,regardless of method of delivery,will not be considered d returned unopened. pies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 Street,City of Port Arthur,and are open for public inspection without charge.They can also be rieved from the City's website at www.portarthurtx.gov/bids.aspx or www.pubiicpurchase.com. !r Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not yard a contract to a company that is in arrears in its obligations to the City. e Clifton Utflliams Purchasing Manager i PUBLIC NOTICE 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,March 12,2025 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,March 12,2025 in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS I 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 Offir 444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can a ,o be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.cx 1. 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. rid , A Clifton Williams Purchasing Manager EXHIBIT "C" (SETEX Contract) THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, =\ CITY MANAGER MAYOR PRO TEM City of Cu �\ L4\ SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD n r t r t h u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. February 26,2025 REQUEST FOR PROPOSAL WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,Central Standard Time, Wednesday, March 12, 2025 (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, March 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P25-029 DELIVERY ADDRESS: Please submit one (1) original and three(3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writinw to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(aportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. egottAL Clifton Williams Purchasing Manager Page 2 of 24 AGREEMENT FOR CONSTRUCTION SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and SETEX Construction Corporation of Beaumont, Texas hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION This Agreement shall be for a one-year period after the date on the Notice to Proceed. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice in writing five (5) days prior to termination. It is understood and agreed that if the Contractor is incapable of performing the services described herein,all rights to further compensation under this Agreement are to be invalid. II. CONSTRUCTION SERVICES TO BE PERFORMED The contractor shall perform repairs to water and sewer lines as deemed necessary by the Utilities Department Director or his assignee. The Contractor agrees to perform all the work described in the proposal and contract documents and to comply with the terms therein. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. (See scope of work and specific duties attached hereto). III. COMPENSATION The contractor shall be compensated per unit price in accordance with the amounts stated in the bid documents. Appropriate work-related expenses,computer,and facility access,as necessary for the effective performance of the required job duties, may be provided and/or reimbursed as determined appropriate by the City Manager. The Contractor shall safeguard all records, and maintain confidentiality of records and information encountered in the course and scope of his job duties. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. IV. INDEMNITY It is understood and agreed that the Contractor is an independent contractor. The CITY hereby agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent to which such coverage is available to CITY employees and officials,against any liability,claim,cause of action, damage,personal injury, or death arising out of or in connection with the services performed or to be performed by CONTRACTOR pursuant to this Agreement when CONTRACTOR is acting within the scope of his employment. V. PROFESSIONAL LIABILITY INSURANCE The City will provide legal services or pay a judgment rendered against the Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein unless it is determined that said performance was the result of malfeasance or negligence. VI. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of,or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of 2025. CONTRACTOR SETEX Construction Corporation CITY OF PORT ARTHUR Ronald Burton, City Manager REQUESTS FOR PROPOSALS WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City,State,Zip Code: Date: Page 3 of 24 REQUEST FOR PROPOSALS WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS SCOPE OF WORK The City of Port Arthur Water Utilities Department maintains about 800 miles of water main and 450 sewer lines ranging from 48"to 2"and needs over 10,000 tap services annually. The City of Port Arthur is seeking a qualified contractor that provides on-demand responses to the Request for Proposals (RFP)to furnish all labor/equipment to repair water/sewer leaks or install water/sewer taps, pipes, manholes, and appurtenances for the City of Port Arthur Water Utility department. This service consists of repair, maintenance, installation, and refurbishment of various taps, pipes, valves, and manholes, within the City of Port Arthur operated by the Water Utilities Department. All materials for the repair(clamps, fittings, couplings, pipe, manhole, valve, etc.)will be made available at the Service Center Warehouse, located at 111 H.O. Mills Blvd, Port Arthur, Texas. The City is responsible for ordering and maintaining repair materials. The Contractor's Supervisor will be responsible for communicating the material needs of each job to the Utility Operation Manager or designee before obtaining the items from the Warehouse. Items will be signed out and accounted for by Warehouse Personnel,with the approval of the Utility Operation Manager or the designee. 1. The work will be unscheduled, intermittent, and on an"as needed"basis. The contractor will be expected to have personnel and equipment available for repairs when required. 2. Contractor shall maintain an emergency "on-call" number, or answering service to answer all calls placed after normal working hours seven (7) days per week and during holidays. A response for emergency repair will be within 2-hours. 3. Utility locates will be coordinated by the Contractor. 4.The Contractor is expected to perform all work competently and professionally.Any damage to a City building or facility, either direct or indirect, resulting from the Contractor or his employees, must be repaired fully and completely at the Contractor's cost, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired in a workmanlike manner. 5. The City will issue a work order and scope of work for each job. Each job shall be billed separately including required replacement material invoices. Each invoice shall have detailed hours worked and equipment used, which shall bear the City's contract number and related work order/Purchase Order(PO)number.No invoice will be paid without an authorized Work Order/PO and Contract numbers identified on the invoice. 6. The contractor shall provide a written estimate of job cost and construction time prior to the commencement of work. Page 4 of 24 7. After the PO is issued to the contractor, the project should start within a week. 8. During the progress of the work, if it becomes evident that the actual cost of the job will exceed the estimate by ten percent(10%)or more,the vendor shall immediately notify the originator of the work, making them aware of the situation and request further instructions. 9. All travel costs are to be included in the hourly rate. 10. The City of Port Arthur or its authorized agent shall have the right to inspect the work at all times and upon completion thereof. The Contractor may not assign all or part of this contract without prior consent in writing by the City. An Insurance Certificate must also be provided prior to the performance of work by any Subcontractor showing coverage either under the Contractor's policies or as separate policies held by the Subcontractor. The City, through its authorized agents, shall have the right to refuse payment for work not performed to specifications if such work was represented by the Contractor as completed and within compliance. 11.The contractor will only perform the work when called by an authorized City representative. 12. The City reserves the right to utilize any Contractor to repair any system component or equipment and is not limited in any way to the sole use of this contract for repairs. 13.No minimum or maximum quantities of work are guaranteed. Page 5 of 24 NW The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification.To facilitate the review of the responses,Firms shall follow the described proposal format.The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. it is requested that proposals be limited to no more than 50 nages. excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A. EXPERIENCE &KNOWLEDGE The offeror shall provide the following information. 1. List of similar work done in the past 5 years. 2. Examples of recent(last 2 years)of similar projects 3. List any experience or knowledge of the areas in Port Arthur. 4. List experience and qualification of team. B. PROJECT APPROACH Contractor shall provide the following information 1. Response time to mobilize and begin work. 2. Personnel that are available to provide the work and state how long they have been on Contractor's payroll. 3. Equipment owned by Contractor available to provide the services. C. COST Contractor shall provide the following information 1. Cost to mobilize 2. Hourly cost of personnel 3. Percentage above cost for materials(if Contractor is requested to furnish any materials directly) 4. Any other fees required. 1).1 REFERENCES Include three(3)business references for which similar services have been provided. Include the following: 1) The term (beginning and ending dates)of your contract agreement(s); 2) A brief description of the scope of work;and 3) Contact name,title, address, email, and telephone number. The offeror(s) hereby authorize(s) and request(s) any person, firm, corporation and/or government entity to furnish any information requested by the City in the verification of the Page 6 of 24 references provided and for determining the quality and timeliness of providing the services. See Appendix C. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview,at the proposer's own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, personnel qualifications, references,methodology/strategy,cost, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Contractor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100-point scale and shall be based on the following criteria: a. Experience(30-points) b. Project Approach (25-points) c. Cost/Rates(45-points) 2 City staff shall recommend the most qualified Contractor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon,the selected Contractor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful,the City shall enter into negotiations with the next, highest-ranked Contractor. The process shall continue until an agreement is reached with a qualified Contractor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of the response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to,and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best-evaluated proposer.This information may be appended to the proposal evaluation process results. Page 7 of 24 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,alteration,or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only.If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 8 of 24 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: 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. Page 9 of 24 SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect, in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 10 of 24 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving at least thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 11 of 24 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 $1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered,modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10)days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 12 of 24 APPENDICES RETURN WITH PROPOSAL A. Cost Proposal Yes B. Letter of Interest Yes C. Vendor References Yes D. Affidavit Yes E. Non Collusion Affidavit Yes F. Conflict of Interest Questionnaire If It Applies G. HB 89 Yes H. SB 252 Yes Page 13 of 24 5E EX 000i tM COKSTRuc,794 "Strength in Construction' LA License#70090 March 12, 2025 'ailing Address- P.O. Box 20678 Clifton Williams, Purchasing Manager Beaumont. Texas 77720-0678 P.O. Box 1089 Port Arthur, Texas 77641 (409)242-8181 (409)842-2274 Project: WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS setex@setexconstruction.corn RE: "Request for Proposal" e setexconstrucfion.corn General Contracting Mr. Williams: Construction Management SETEX is pleased to submit the proposal package for the above-referenced project. This proposal includes all required bid forms including the Cost Proposals, Affidavits and Design-Build References. Our experience building in Port Arthur and our knowledge of the existing soil conditions, Job Order Contracting City/County/Drainage District officials as well as our local Utility providers can help benefit your project and ensure faster responses and resolutions. Facilities Maintenance Our firm believes in customer service, and that we leave our client satisfied to ensure we have future opportunities to be considered for work within the City of Port Arthur. You will find our team willing to go the extra mile for Port Arthur and its citizens. Commercial We look forward to further discussions regarding this proposal. If you have any questions, Industrial comments or would like to schedule a meeting to discuss, please contact the undersigned at your convenience. We thank you for the opportunity to submit our firm for your consideration. Government Respectful ubmitted, Healthcare infrastructure Nathan Rivers President Corporate Education Performing Arts Beaumont Nacogdoches Port Arthur Established 1990 IN APPENDIX A COST PROPOSAL Using this form, each proposer must state its proposed project estimated charges. Each proposer's charges must include the entire cost of providing the services identified in this RFP. AVERAGE WATER LEAK REPAIR HOURLY RATE Description Est. Usage Price/Hr. Total Field Supervisor with truck 400 Hrs. $ 100.00 $ 40,000.00 2 Field Helper 400 Hrs. $ 85.00 $ 34,000.00 Equipment operator 400 Hrs. $ 75.00 $ 30,000.00 Mini excavator 400 Hrs. $ 25.00 $ 10,000.00 Field truck 400 Hrs. $ 15.00 $ 6,000.00 1 or 2 Hp trash pump 400 Hrs. $ 10.00 $ 4,000.00 Trench Box 8x16 400 Hrs. $ 30.00 $ 12,000.00 Mobilization 100 times $ 150/times $ 15,000.00 Description Est.Value SUM OF STRAIGHT TIME AND EQUIPMENT FOR BID $ 151,000.00 AMOUNT ADDITIONAL EQUIPMENT (Includes the mobilization fee) Description Price/Hr. Description Price/Hr. Excavator $ 125.00 Vacuum Truck $ 200.00 Trench Box 8x16 $ 150.00 Jet Machine $ 100.00 Rubber-tired backhoe $ 75.00 Light Tower $ 10.00 Pavement Saw $ 25.00 Dump Truck $ 115.00 Skid Steer Track Loader $ 50.00 $ Page 14 of 24 AVERAGE WATER LEAK REPAIR OVERTIME HOURLY RATE (OVERTIME: Hours over 8 hrs in a day, Sat,Sun, and legal holidays) Description Est. Usage Price/Hr. Total Field Supervisor with truck 100 Hrs. $ 150.00 $ 15,000.00 2 Field Helper 100 Hrs. $ 127.50 $ 12,750.00 Equipment operator 100 Hrs. $ 112.50 $ 11,250.00 Mini excavator 100 Hrs. $ 25.00 $ 2,500.00 Field truck 100 Hrs. $ 15.00 $ 1,500.00 1 or 2 Hp trash pump 100 Hrs. $ 10.00 $ 1,000.00 Trench Box 8x16 100 Hrs. $ 30.00 $ 3,000.00 Mobilization 25 times $ 150/times $ 3,750.00 Description Est.Value SUM OF OVERTIME AND EQUIPMENT FOR BID AMOUNT $ 50,750.00 ADDITIONAL EQUIPMENT (Includes the mobilization fee) Description Price/Hr. Description Price/Hr. Excavator $ 125.00 Vacuum Truck $ 200.00 Trench Box 8x16 $ 150.00 Jet Machine $ 100.00 Rubber-tired backhoe $ 75.00 Light Tower $ 10.00 Pavement Saw $ 25.00 Dump Truck $ 115.00 Skid Steer Track Loader $ 50.00 $ 1. The Estimated hours and materials costs in the above table are to provide a level and equal bid for all bidders and a contract value,but actual work under the contract will be charged at the Price/Hour for each position/equipment and the actual hours worked. Actual work will not be limited by any position or equipment to the hours listed in the above table. The contractor shall prepare for extra pump/equipment needed on different cases. 2. The contractor shall attach hourly rates for any additional equipment which was not on the bid table. 3. The successful bidder shall track the amount expended on the contract with each work order and shall notify the Water Utilities designated Contract coordinator when 90% of the funds have been expended or if an estimate for a task order will exceed the 90% level. Page 15 of 24 SETEX Construction Corp. 5555 College Street, Suite 103 COMPANY NAME STREET ADDRESS 741/ — P.O.Box 20678 SIGNATURE OF BIDDER P.O. BOX Nathan Rivers Beaumont Texas 77707 PRINT OR TYPE NAME CITY STATE ZIP President 409 842-8181 TITLE AREA CODE TELEPHONE NO bids@setexconstruction.com N/A EMAIL FAX NO. Page 16 of 24 APPENDIX B LETTER OF INTEREST RFP—Water/Sewer Leak Repairs for Utility Operations Deadline: March 12, 2025 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to provide RFP - Water Leak Repairs for Utility Operations for City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Cost Proposal ❖ Completed RFP Letter of Interest Form ❖ Vendor References ❖ Completed Affidavit ❖ Non Collusion Affidavit ❖ Completed Conflict of Interest Form ❖ HB 89 ❖ SB 252 Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. SETEX Construction Corp. 3/12/2025 Firm Name Date 5555 College Str et, Suite 103 Beaumont TX 77707 it/ Address City/State/Zip President Authorized Signature Title Nathan Rivers (409)842-8181 Name (please print) Telephone bids@setexconstruction.com Email APPENDIX C Page 17 of 24 VENDOR REFERENCES Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR BID. REFERENCE ONE Government/Company Name: City of Beaumont, Texas Address: P.O. Box 3827 - Beaumont, Texas 77704 Contact Person and Title: David Tingle, Public Works Design Manager Phone: (409) 785-4781 Fax: N/A Forsythe Street Upgrade and Contract Period: May 2024 - August 2024 Scope of Work: Drainage Improvements REFERENCE TWO Government/Company Name: City of Port Arthur, Texas Address: P.O. Box 3827 - Beaumont, Texas 77704 Contact Person and Title: Clifton Williams, CPPB, Purchasing Manager Phone: (409) 983-8160 Fax: N/A Annual Contract-Water Leak Contract Period: November 2023-November 2024 Scope of Work: Repairs for Utilities Operations REFERENCE THREE Government/Company Name: City of Colmesneil, Texas Address: 204 West Elder - Colmesneil, Texas 75938 Contact Person and Title: Stephen West, Senior Project Manager Phone: (409) 245-5130 Fax: N/A Water Line and Road Contract Period: January 2024 - May 2024 Scope of Work: Crossing Improvements OFFEROR MUST RETURN THIS PAGE WITH OFFER Page 18 of 24 APPENDIX E 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. SETEX Construction Corp. 3/12/2025 Firm Name Date 5555 College yeet, Suite 103 Beaumont TX 77707 Address City/State/Zip President Authorized Signature Title Nathan Rivers (409)842-8181 Name (please print) Telephone bids@setexconstruction.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named 1'J dh .. 4NIA's on this the I #07e1 day of f' DY i'n , 20 d9CJ . • •.�'"",;, LYNIDA CLIFTONl�'Y1,,j ^ �`Y F4�� 4-)'t lJ3A.� i.. =Notary Public.State of Texas �= Comm.Expires 11-17.2027 Ni.ti5n Notary Public %'�a'�+' Notary ID 11799700 RETURN* THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 20 of 24 APPENDIX D 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. r Signature: 7l (- = Printed Name: Printed Name: Nathan Rivers Title: President Company: SETEX Construction Corp. Date: 3-12-2025 SUBSCRIBED and sworn to before me by the above named 11/41 ipgr1h.'Itlb on this the ) +h day of r1iQtt,C1 , 20 2,5 . • 4)\-t-y-L&L;L_ �.".""',, LYNIDA CLIFTON Notary Public in and r he State of Texas `, P`e`- Notary Public,State of Texas i'�i,•. +mac Comm.Expires 11-17-2027 %'E,�a, �` Notary ID 11799700 My commission expires: t 1 -t'1-D•ri Page 19 of 24 APPENDIX F CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176,006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176,006,Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. ri Check this box it you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 I Name of local government officer about whom the information is being disclosed. N/A Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the dor has given the local government officer or a family member of the officer one or more gifts as described in Se i n 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 3/12/2025 SignaturX.% vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 21 of 24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a stale 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; ar (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 22 of 24 APPENDIX G House Bill 89 Verification I, Nathan Rivers (Person name), the undersigned representative (hereafter referred to as "Representative") of SETEX Construction Corp. (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 Il 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. it SIGNATURE OF REPRESENTATIVE � .}2.h SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of MI.A. .K , 20`al a. " ",'� LYNIDA CLIFTON ` Y P4 'NotaryPublic, State of Texas "a. -" Comm.Expires 11-17-2027 1 2c"t S Air?-lca��,,,,�,�,.� NOtary ID i1799700 -__Nt,r-1 Notary Public Page 23 of 24 APPENDIX H SB 252 CHAPTER 2252 CERTIFICATION I, Nathan Rivers , the undersigned and Representative of SETEX Construction Corp. (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. Nathan Rivers Name of Co pany Representative (Print) Signature of Company Representative 3-12-2025 Date Page 24 of 24 EXHIBIT "D" (Jet Aeration Contract) THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o rt rthur ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. February 26,2025 REQUEST FOR PROPOSAL WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,Central Standard Time, Wednesday, March 12, 2025 (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, March 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P25-029 DELIVERY ADDRESS: Please submit one (1) original and three(3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writinj to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 cl ifton.williams(a,portarth urtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street( Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. C4w- Clifton Williams Purchasing Manager Page 2 of 24 AGREEMENT FOR CONSTRUCTION SERVICES That this Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Jet Aeration of Texas, LLC. of Vidor, Texas hereinafter referred to as the "Contractor." I. DURATION AND TERMINATION This Agreement shall be for a one-year period after the date on the Notice to Proceed. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice in writing five (5) days prior to termination. It is understood and agreed that if the Contractor is incapable of performing the services described herein,all rights to further compensation under this Agreement are to be invalid. II. CONSTRUCTION SERVICES TO BE PERFORMED The contractor shall perform repairs to water and sewer lines as deemed necessary by the Utilities Department Director or his assignee. The Contractor agrees to perform all the work described in the proposal and contract documents and to comply with the terms therein. The Contractor shall comply with the ethical and professional code of the profession and the policies of the City of Port Arthur. (See scope of work and specific duties attached hereto). III. COMPENSATION The contractor shall be compensated per unit price in accordance with the amounts stated in the bid documents. Appropriate work-related expenses,computer,and facility access,as necessary for the effective performance of the required job duties, may be provided and/or reimbursed as determined appropriate by the City Manager. The Contractor shall safeguard all records, and maintain confidentiality of records and information encountered in the course and scope of his job duties. OTHER BENEFITS That all benefits resultant from this contract are delineated herein, and no other benefits promised by any City officer shall be binding on the City. IV. INDEMNITY It is understood and agreed that the Contractor is an independent contractor. The CITY hereby agrees to indemnify CONTRACTOR, to the extent permitted by law or the extent to which such coverage is available to CITY employees and officials,against any liability,claim,cause of action, damage,personal injury, or death arising out of or in connection with the services performed or to be performed by CONTRACTOR pursuant to this Agreement when CONTRACTOR is acting within the scope of his employment. V. PROFESSIONAL LIABILITY INSURANCE The City will provide legal services or pay a judgment rendered against the Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein unless it is determined that said performance was the result of malfeasance or negligence. VI. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate Agreement. SIGNED AND AGREED TO on the day of 2025. CONTRACTOR Jet Aeration of Texas, LLC. CITY OF PORT ARTHUR Ronald Burton, City Manager REQUESTS FOR PROPOSALS WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS (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 returningthis form in an envelope marked with ( ) P g P the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 24 REQUEST FOR PROPOSALS WATER/SEWER LEAK REPAIRS FOR UTILITY OPERATIONS SCOPE OF WORK The City of Port Arthur Water Utilities Department maintains about 800 miles of water main and 450 sewer lines ranging from 48"to 2"and needs over 10,000 tap services annually. The City of Port Arthur is seeking a qualified contractor that provides on-demand responses to the Request for Proposals(RFP)to furnish all labor/equipment to repair water/sewer leaks or install water/sewer taps, pipes, manholes, and appurtenances for the City of Port Arthur Water Utility department. This service consists of repair, maintenance, installation, and refurbishment of various taps, pipes, valves, and manholes, within the City of Port Arthur operated by the Water Utilities Department. All materials for the repair(clamps, fittings, couplings, pipe, manhole, valve, etc.)will be made available at the Service Center Warehouse, located at 111 H.O. Mills Blvd, Port Arthur, Texas. The City is responsible for ordering and maintaining repair materials. The Contractor's Supervisor will be responsible for communicating the material needs of each job to the Utility Operation Manager or designee before obtaining the items from the Warehouse. Items will be signed out and accounted for by Warehouse Personnel, with the approval of the Utility Operation Manager or the designee. 1. The work will be unscheduled, intermittent, and on an"as needed"basis. The contractor will be expected to have personnel and equipment available for repairs when required. 2. Contractor shall maintain an emergency "on-call"number, or answering service to answer all calls placed after normal working hours seven (7)days per week and during holidays. A response for emergency repair will be within 2-hours. 3. Utility locates will be coordinated by the Contractor. 4. The Contractor is expected to perform all work competently and professionally.Any damage to a City building or facility, either direct or indirect, resulting from the Contractor or his employees, must be repaired fully and completely at the Contractor's cost, including work, materials, and any litigation fees that may be incurred to recover the cost of such damages not repaired in a workmanlike manner. 5. The City will issue a work order and scope of work for each job. Each job shall be billed separately including required replacement material invoices. Each invoice shall have detailed hours worked and equipment used, which shall bear the City's contract number and related work order/Purchase Order(PO)number.No invoice will be paid without an authorized Work Order/PO and Contract numbers identified on the invoice. 6. The contractor shall provide a written estimate of job cost and construction time prior to the commencement of work. Page 4 of 24 7.After the PO is issued to the contractor, the project should start within a week. 8. During the progress of the work, if it becomes evident that the actual cost of the job will exceed the estimate by ten percent(10%)or more,the vendor shall immediately notify the originator of the work, making them aware of the situation and request further instructions. 9.All travel costs are to be included in the hourly rate. 10. The City of Port Arthur or its authorized agent shall have the right to inspect the work at all times and upon completion thereof. The Contractor may not assign all or part of this contract without prior consent in writing by the City. An Insurance Certificate must also be provided prior to the performance of work by any Subcontractor showing coverage either under the Contractor's policies or as separate policies held by the Subcontractor. The City, through its authorized agents, shall have the right to refuse payment for work not performed to specifications if such work was represented by the Contractor as completed and within compliance. 11. The contractor will only perform the work when called by an authorized City representative. 12. The City reserves the right to utilize any Contractor to repair any system component or equipment and is not limited in any way to the sole use of this contract for repairs. 13.No minimum or maximum quantities of work are guaranteed. Page 5 of 24 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification.To facilitate the review of the responses,Firms shall follow the described proposal format.The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that nronosals be limited to no more than 50 ',ages. excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A. EXPERIENCE &KNOWLEDGE The offeror shall provide the following information. 1. List of similar work done in the past 5 years. 2. Examples of recent(last 2 years)of similar projects 3. List any experience or knowledge of the areas in Port Arthur. 4. List experience and qualification of team. B. PROJECT APPROACH Contractor shall provide the following information 1. Response time to mobilize and begin work. 2. Personnel that are available to provide the work and state how long they have been on Contractor's payroll. 3. Equipment owned by Contractor available to provide the services. C. COST Contractor shall provide the following information 1. Cost to mobilize 2. Hourly cost of personnel 3. Percentage above cost for materials(if Contractor is requested to furnish any materials directly) 4. Any other fees required. p.1 REFERENCES Include three(3)business references for which similar services have been provided. Include the following: 1) The term (beginning and ending dates)of your contract agreement(s); 2) A brief description of the scope of work;and 3) Contact name,title, address, email, and telephone number. The offeror(s) hereby authorize(s) and request(s) any person, firm, corporation and/or government entity to furnish any information requested by the City in the verification of the Page 6 of 24 references provided and for determining the quality and timeliness of providing the services. See Appendix C. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview,at the proposer's own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, personnel qualifications, references,methodology/strategy, cost, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Contractor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100-point scale and shall be based on the following criteria: a. Experience(30-points) b. Project Approach (25-points) c. Cost/Rates(45-points) 2 City staff shall recommend the most qualified Contractor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon,the selected Contractor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful,the City shall enter into negotiations with the next, highest-ranked Contractor. The process shall continue until an agreement is reached with a qualified Contractor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of the response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to,and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best-evaluated proposer.This information may be appended to the proposal evaluation process results. Page 7 of 24 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinainfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only.If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 8 of 24 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel)in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: 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. Page 9 of 24 SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 10 of 24 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving at least thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE:All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: Page 11 of 24 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 $1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered,modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10)days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 12 of 24 APPENDICES RETURN WITH PROPOSAL A. Cost Proposal Yes B. Letter of Interest Yes C. Vendor References Yes D. Affidavit Yes E. Non Collusion Affidavit Yes F. Conflict of Interest Questionnaire If It Applies G. HB 89 Yes H. SB 252 Yes Page 13 of 24 APPENDIX A COST PROPOSAL Using this form, each proposer must state its proposed project estimated charges. Each proposer's charges must include the entire cost of providing the services identified in this RFP. AVERAGE WATER LEAK REPAIR HOURLY RATE Description Est. Usage Price/Hr. Total Field Supervisor with truck 400 Hrs. $ 645.°° $34)660. 2 Field Helper 400 Hrs. $ r.(Q © $ 10)400•" Equipment operator 400 Hrs. $ GI(,Q,`�o $ /f j,11o0.'0 Mini excavator 400 Hrs. $ 50 .°° $a0)000.°'' Field truck 400 Hrs. $ $ rl lA400 °° 1 or 2 Hp trash pump 400 Hrs. $ oo $ a)80o.o° Trench Box 8x16 400 Hrs. $ @a .a 5 $ $1�Oo•°a Mobilization 100 times $A510/times $ a FlOOO.D° Description Est.Value SUM OF STRAIGHT TIME AND EQUIPMENT FOR BID $ I'((al qOO.DC AMOUNT ADDITIONAL EQUIPMENT (Includes the mobilization fee) Description Price/Hr. Description Price/Hr. Excavator $ 13s•°O Vacuum Truck $ q S.°4 Trench Box 8x16 $ as.1 s Jet Machine $ I)4,°0 Rubber-tired backhoe $ 5-60.p° Light Tower $ ( 5r(a?. Pavement Saw $ as, pO Dump Truck $ (d5,'5° Skid Steer Track Loader $ 50.°O $ Page 14 of 24 AVERAGE WATER LEAK REPAIR OVERTIME HOURLY RATE (OVERTIME: Hours over 8 hrs in a day, Sat,Sun,and legal holidays) Description Est. Usage Price/Hr. Total Field Supervisor with truck 100 Hrs. $ 11,h •5° $ I<1;1 SO.°D 2 Field Helper 100 Hrs. $ , 00 $ ( I IL(oo.°° Equipment operator 100 Hrs. $ (p��O O $ 1 Om.o° Mini excavator 100 Hrs. $ SO .".° $ 5,00.6 Field truck 100 Hrs. $ $ SD $ )V 50.E° 1 or 2 Hp trash pump 100 Hrs. $ 11.60 $ r?ao,°° Trench Box 8x16 100 Hrs. $ ,21 $ 2,A Zs,O° Mobilization 25 times $3'15/times $ C t 31 5.°D Description Est.Value SUM OF OVERTIME AND EQUIPMENT FOR BID AMOUNT $ SOl 200,DO ADDITIONAL EQUIPMENT (Includes the mobilization fee) Description Price/Hr. Description Price/Hr. Excavator $ 13$pO Vacuum Truck $ Trench Box 8x 16 $ •2 5 Jet Machine $ ')'I. °° Rubber-tired backhoe $ c'S°,°° Light Tower $ 15&A Pavement Saw $ 2 .°O Dump Truck $ D, . " Skid Steer Track Loader $ 1. The Estimated hours and materials costs in the above table are to provide a level and equal bid for all bidders and a contract value,but actual work under the contract will be charged at the Price/Hour for each position/equipment and the actual hours worked. Actual work will not be limited by any position or equipment to the hours listed in the above table. The contractor shall prepare for extra pump/equipment needed on different cases. 2. The contractor shall attach hourly rates for any additional equipment which was not on the bid table. 3. The successful bidder shall track the amount expended on the contract with each work order and shall notify the Water Utilities designated Contract coordinator when 90% of the funds have been expended or if an estimate for a task order will exceed the 90% level. Page 15 of 24 SeC ilef4-1:0A) c i 3')60 6.4),{ 113 I COMPANY NAME STREET ADDRESS S GNATURE OF BIDDER P.O. BOX ,SA-500) ve) V r 211(.40 PRINT OR TYPE NAME CITY STATE ZIP eryvt•,,A)_5 rn 46e7.- H.001 - '1 LPG- J Co TI LE AREA CODE TELEPHONE NO EMAIL FAX NO. Page 16 of 24 APPENDIX B LETTER OF INTEREST RFP—Water/Sewer Leak Repairs for Utility Operations Deadline: March 12, 2025 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to provide RFP - Water Leak Repairs for Utility Operations for City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Cost Proposal ❖ Completed RFP Letter of Interest Form ❖ Vendor References ❖ Completed Affidavit ❖ Non Collusion Affidavit ❖ Completed Conflict of Interest Form ❖ HB 89 ❖ SB 252 Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. SST (41,4T.0..) cic{ a LL.0 . /19,'')A9,0 a.5— Firm Name Date 311.190 JP/IA [ l 31 V1 Qom fr i 7(de 2. Address7 City/State/Zip ....IN Auth rized Signature Title 50,3 13 ra..,,..) 1�09 - h(rci - /u 0° Name (please print) Telephone A Al . 6 itix ---eT . C0,4\. Email APPENDIX C Page 17 of 24 VENDOR REFERENCES Please list at least three (3) companies or governmental agencies where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR BID. REFERENCE ONE Government/Company Name: 0//f of 3 r149( tl, Address: PO t3m &i o1 �i ri 7k 17 I, 0Contact Person and Title: j , / u 'i.L - ,dub/'2G u krWs C.l,i tr k Phone: H 09-- g5-1/43- aa3a Fax: Contract Period: peel/ - 40c29 Scope of Work: oildr .�&jer/in( rein IQCeN tvti REFERENCE TWO Government/Company Name: 61Ity d I .Oos 4,'*n4v' Address: Joy ha cj%i'/ pcf-c , , 14rh l� j�c Contact Person and Title: rY ( f 1/av w _ U, /, f,;3 OpOtigrfnOS Plantr. Phone: 4/01 gc,3— 8 Fax: Contract Period: dc �� - ckc14/ Scope of Work: 6 cr__ 4 REFERENCE THREE Government/Company Name: .Q P Q(soli 6'II l F 1 Address: /�q Qr� 2Ct�(ln1Q✓�' / �TX /7?qf) Contact Person and Title: Sara be, n e i S (;� 1✓iee Phone: Kl og - 03 - 331.3 Fax: Contract Period: apat - dtJ c A Scope of Work: S.Q ( ,/r/prO,/efrieM5 OFFEROR MUST RETURN THIS PAGE WITH OFFER Page 18 of 24 APPENDIX D CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Printed Name: - _-�eao,A) ra,A/� Title: 6 cit7:: MA Company: 2T it�a r; 0.^-1 cc l7 a 1—t- C. Date: ��02'-? 010 A5' SUBSCRIBED and#worn to before me by the above named JaiOn Brawn on this the GPI day of W ruua ry , 20 S . _11 S � �� " -�� DESORAH SUE MILLER Notary Public in and for the Notary ID*125860521 State of Texas L ; +� My Commission Expires 'F or It October 5, 2026 f My commission expires: ^ 15�XAD(i Page 19 of 24 APPENDIX E 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: KI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date 3') LO 4i-"1 Lf 3 i io�r `T;re Y >e,9G1\ Address City/State/Zip Op-< yl--r:a d s 01A-A)4 5 ef- A iorized Signature Title Name (please print) Telephone e'4 M—�, A (..j rvt Email STATE: T xas COUNTY: CM nJ€ SUBSCRIBED AND SWORN to before me by the above named JaoDN 6/014)h on this the 07 '7 day of 1660? , 20�b . ; . l aX ? 'z`'T CESORAH SUE M{LLER Notary{0 8125860521 Notary Public • My Commission Expires 3 October 5,2026 FFIDAVIT AS PART OF THE PROPOSAL Page 20 of 24 APPENDIX F CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,e4th Leg.,Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be flied. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006.Local Government Code An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) LI Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income,from the vendor? n Yes n No B Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J riCheck this box if the vendor has given the local government officer or afamify member of the officer one or more gifts as described in Section 176.003(a)(2)(B),excluding gifts described In Section 176 003(a-1) J Signature of vendor doing business with the governmental entity - Date Form provided by Texas Ethics Commission www ethics state tx.us Revised 11'30'2015 Page 21 of 24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 22 of 24 APPENDIX G House Bill 89 Verification I, �4g0/3 (Person name), the undersigned representative (hereafter referred to as "Representative") of of IL c (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. SIG URE OF REPRESENTATIVE SUBSC AND SWORN TO BEFORE ME, the undersigned authority, on this d7 day of , 20a5- o4r"r°�e DEBORAH SUE MILLER _� Notary ID#125860521 ";'fir M/Commission Expires or October 5, 2026 P ‘14 otary Public Page 23 of 24 APPENDIX H SB 252 CHAPTER 2252 CERTIFICATION I, 4 5o n3 c o 14/c° , the undersigned and Representative of e-r ,4Ar.4-T; 0.3 'aK L L G (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. ""5:450-J `Urb►-.-, Name of Company Representative (Print) Si ature of Company Representative icl) /9,0 3 Date Page 24 of 24