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HomeMy WebLinkAboutPR 24374: CONTRACT WITH GFL PLANT SERVICES, LP, HAULING OF LEACHATE AT THE PORT ARTHUR LANDFILL %i iiii n of o r t rthu r 'r_ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 6, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, Eli, MEng, MBA, CPM, Public Works Director RE: PR 24374—Authorizing the City Manager to enter into a contract with GFL Plant Services, LP, of Port Arthur, Texas, for hauling of leachate at the City of Port Arthur Landfill. Introduction: This agenda item requests the City Council's approval for the City Manager to enter into a contract with GFL Plant Services, LP, for the hauling of leachate for the Landfill Division. Background: To prevent contamination of nearby waterbodies, the Texas Commission on Environmental Quality (TCEQ) requires the City of Port Arthur's Landfill to extract leachate, the liquid that percolates through the buried waste, from the landfill. The leachate is collected through pipes and transported by a contracted transporter to the Port Acres Wastewater Treatment Plant. The Purchasing Department advertised for bids for the hauling of leachate on April 12, 2025, and April 19,2025,in the Port Arthur News.Three(3)bidders submitted quotes,with GFL Plant Services, LP, of Port Arthur, Texas, being the lowest and most responsible bidder. GFL Plant Services,LP,of Port Arthur,Texas,was awarded a one(1)year contract with the option to renew for two (2) additional one(1) year periods via Contract Number 25-045. Budget Impact: Funding is available in the Public Works Landfill's Other Contractual Services Account Number, 403-50-320-5470-00-00-000, for the projected budgetary amount of$174,720.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Recommendation: It is recommended that City Council approve PR 24374 authorizing the City Manager to enter into a contract with GFL Plant Services, LP, of Port Arthur, Texas, for the projected budgetary amount of$174,720.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR 24374 06/06/2025 LLJ Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GFL PLANT SERVICES,LP, OF PORT ARTHUR, TEXAS, FOR THE HAULING OF LEACHATE FROM THE CITY OF PORT ARTHUR LANDFILL FOR THE PROJECTED BUDGETARY IMPACT AMOUNT OF $174,720.00. FUNDS ARE AVAILABLE IN THE LANDFILL — OTHER CONTRACTUAL SERVICES ACCOUNT, ACCOUNT NUMBER 403-50-320-5470-00-00-000. WHEREAS,the City of Port Arthur Landfill generates leachate that must be hauled to the Port Acres Wastewater Treatment Plant for proper disposal; and, WHEREAS, the City contracts hauling services utilizing qualified permitted waste haulers; and, WHEREAS, the City of Port Arthur solicited bids in the Port Arthur News on April 12, 2025, and April 19, 2025,with bids opened on April 30, 2025 (see Exhibit A); and, WHEREAS, the City received three (3) bids from Superior Waste Solutions, LLC, of Beaumont, Texas, Republic Services, of Nederland, Texas, and GFL Plant Services, LP, of Port Arthur, Texas, attached as Exhibit B; and WHEREAS, the GFL Plant Services, LP, of Port Arthur, Texas, submitted the lowest bid of$174,720.00, with an hourly cost of$105.00 plus fuel recovery fee as delineated in Exhibit C; and, WHEREAS, the projected estimated budgetary impact will be $174,720.00 for the year and shall be renewable in increments of one (1) year for an additional two (2) years upon specific PR 24374 06/06/2025 LLJ Page 2 of 4 yearly approval by the City Council being adjusted according to the Transportation Rate outlined by the Consumer Price Index, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS; THAT,the facts and opinions in the preamble are true and correct; and, THAT,the City Council of the City of Port Arthur hereby authorizes the City Manager to enter into a contract with GFL Plant Services, LP of Port Arthur, Texas, to haul leachate from the City of Port Arthur's Landfill for a projected amount of$174,720.00 for the current year at an hourly rate of$105.00 per hour plus fuel recovery fee, as delineated in Exhibit C; and, THAT, funding is available in the Public Works Landfill Other Contractual Services Account No. 403-50-320-5470-00-00-000; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of , A.D. 2025 at a meeting of the City of Port Arthur,Texas,by the following vote: Ayes: Mayor: Councilmembers: Noes: PR 24374 06/06/2025 LLJ Page 3 of 4 Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary PR 24374 06/06/2025 LLJ Page 4 of 4 APPROVED AS TO FORM: ' a / Roxann Pais Cotroneo,Esq. City Attorney APPRO iii: ` OR ADMINISTRATION: 4 is Ronald :urto ;'11 City Man.:er Ali A .. ALIZA oze r. Roberts,i IT, MEng, MBA,CPM Director fi f Public irks APPROVED AS TO THE AVAILABILITY OF FUNDS: L-/iii44-0, Clifton . Williams, Jr., CPPB Purchasing Manager ' -- --)--).- a t Q- j..-e.-Li/ Lynda oswell ICmA4-ra MA Director of Finance P.R.No.24374 EXHIBIT A (Port Arthur News Advertisement for Bids) CITY OF PORT ARTHUR Request for Bids Hauling of Leachate April 12, 2025 April 19, 2025 PUic NoticE CITY IN PORT ARTHUR,TEXAS , ADVERTISEMENT FOR BIDS slice la hereby given that sealed bids addressed to the City of Port Arthur,will be received at the ffice of the City Secretary City Hall 444 4th Street or P.O Box t0g5,Port Ames Texas'T764 t no ter than 3:00 p.m..Wednesday.April 30,2026 and all bids received wil'thereafter be opened and 1 ad aloud at 3;15 P.M.,on Wednesday,April 30,2026 to the E'.tr,, Council Ceembers,5tn Floor. •ty Hall,Port Arthur Texas for certain services briefly described as: HAULING OF LEACHATE cis received after the deadline stated above,regardless of method of de;every.witi not be,vnsieered id returned unopened. spies of the Specifications and other Contract Documents are on filo in the Purchasing Office.444 h Street„City of Port Arttwr and are open for public inspection without charge.They can also be Sieve-from the City's website at www.portarthurtx.gov or www.publlcpurchase Qom. roe City of Port Arthur reserves the right to reject any and ail bids and to waive informalities. sr Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance, the City Council shall not ward a contract to a company that is in arrears in its obligations tc the Cif, t1,ft"a0;,,..`:? S4awn,c ra • . . ''i24: s �,' 'ICNOTICE CRY OF PORT ARTHUR,TEXAS I ADVERTISEMENT FOR BIDS I Notice is hereby given that sealed bids.addressed to the City of Port Arthur,will be received at the j Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1069.Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,April 30,2025 and all bids received wilt thereafter be opened and read aloud at 3:15 P.M.,on Wednesday,April 30,2026 in the City Council Chambers,5th Floor, 1 City Hall,Port Arthur,Texas for certain services briefly described as: i r HAULING OF LEACHATE 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 Dccumerrts are on file in the Purchasing Office,444 14th Street,City of Pori Arthur,and are open for public inspection without charge.They can also be retrieved frdrn the City's website at www.portarthurtx.gov or www.pubf!clwrcttase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. 1 Per Chapter 2 Article Vt Sec.2-262(C)of the City's Code of Ordinance,the City Council shell not award a contract to a company that is In arrears in its obligations to the City. WiMiaalf.are 1. rard.ot a Manage P.R. No. 24374 EXHIBIT B (Bid Tabulation) $ o gs O p., O k4(..'3- a • a Wr Wr rA !a O O O i 0O `g I. X — W (I) cia = ►Z O O ❑ . O 0 0 0 © �. ~ Ft qs m 0 CO y CA C m y g" ft. fl CO 0 c C. K 0-1 EA EA EA EA a. 1•a x 0 i N M. 0 VD m VD bw ��• c atC I n o ko :0 '0 'o Z. ara O. era00 00 00 00 0 CC" o C ''� y N b A R 1.�.. 4, w G: G m R /y- • •tz x x V IQ H O 0 9 I CT O 1 = IA iyi Ito }0 Pf. Iv I = i IT * .3 fre 6.9 4 e Picn CO CO °'C 8 0 ¢. a. r' 1-- W 0 O O 0 C. ° r a m w d K r► �* IQ f. 69 b4 69 69 „, r• H — I-. .-- WI - (11 O LA '0 00 ►Q ° P 0 © 000 w r' ou r A , P.R. No. 24374 EXHIBIT C (Contract Documents) CONTRACT FOR LEACHATE HAULING THIS AGREEMENT,made this day of , 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and GLF PLANT SERVICES, OF NEDERLAND, TEXAS a(n) herein acting by and through hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The teen of this Contract shall be 365 days from start date on Notice to Proceed. The City can terminate this contract at its convenience which includes,but is not limited to, funding not being available in any budget cycle with ten(10)days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of 105.00 per hour plus fuel recovery fee. 5 The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) General Information d) Specifications e) Bid f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A- 1 7. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of 2025 ATTEST GFL PLANT SERVICES, LP CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2025 ATTEST CONTRACTOR BY CITY SECRETARY A-2 THURMAN BILL BARTIE,MAYOR l/ RONALD BURTON,CPM DONEANE BECKCOM, AllikCITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: / ' �1\, � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD or t rt h ur"' ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. APRIL 14,2025 INVITATION TO BID HAULING OF LEACHATE DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, April 30, 2025. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, April 30, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-045 DELIVERY ADDRESS: Please submit one(I) original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinti to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 Clifton.wiiliams,u-portarthurtx.,;ov Purchasing Division Finance Devartment Purchasii,Manager Clifton Williams P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 Page 1 of 17 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accented. eitott,m, GIA/142M4. Clifton Williams Purchasing Manager Page 2 of 17 INVITATION TO BID HAULING OF LEACHATE (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 our company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the Cite pal its bills on time? Do .-ou desire to remain on the bid list for this product or service? Does our present work load permit additional work? L Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: Page 3 of 17 THE BIDDER MUST SUBMIT THE FOLLOWING. A. BID SHEET—PAGE 6 B. NON-COLLUSION AFFIDAVIT—PAGE 7(MUST BE NOTARIZED) C. AFFIDAVIT—PAGE 8(MUST BE NOTARIZED) D. CONFLICT OF INTEREST—(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN AT THE BOTTOM.-PAGE 9 E. CHAPTER 2252 CERTIFICATION—PAGE 11 F. HOUSE BILL 89 VERIFICATION—PAGE 12 Page 4 of 17 Specifications for the Transportation of City of Port Arthur Landfill Leachate To the City of Port Arthur's Port Acres Sewage Treatment Facility on Highway 365 General Information These specifications are for the loading and transportation of landfill leachate from the City of Port Arthur Solid Waste Landfill on Highway 73, 1-1/2 miles west of the Taylor Bayou Bridge to the City's Sewage Treatment Facility on Highway 365 west of Jade Avenue for disposal. No fees will be charged Bidder for disposal of the leachate at the sewage treatment facility. Specifications Bidder shall supply the following: I. A Minimum of one(1) 3,200 gallon truck, with additional trucks being available to fulfill the City's needs, with 3"and 6" loading and unloading capabilities. 2. Bid to include fuel and maintenance. 3. CDL Hazardous Materials Endorsement license and any peripheral equipment (i.e. hoses & connections needed to connect to City's sludge handling equipment. 4. Current registration with TCEQ as a transporter of landfill leachate. 5. Company's permit numbers and name must be displayed on each truck. Successful bidder shall work on an "as needed" basis under the general direction of the Solid Waste Superintendent-Landfill. Bidder shall use a City-supplied trip ticket showing time of departure from the landfill, amount of load,time of arrival at the sewage treatment facility, and a treatment facility operator signature. Trip tickets shall be submitted with invoice. A typical workday will be 6:30 a.m. to 2:30 p.m. Bidder shall provide a rate on the basis of a full truckload and on the basis of a partial load of less than 3,200 gallons. Bidder shall state any exceptions on the form provided. The City will choose either option I or option 2 for award. The City estimates thirty (30) full truckloads per week and this is an approximate amount for bidding purposes only. This amount was determined from recent experience, and the City has the right to increase or decrease the amount of loads hauled as the landfill operations dictates. All work shall be performed in the capacity of an independent contractor and contractor's agents and/or employees shall not be considered employees of the City of Port Arthur. Successful bidders shall be required to maintain required insurance. This is not a contract for a completed project but, instead, shall be paid on a monthly basis for loads hauled within the previous month. The successful bidder's failure to perform the obligations of this contract in a timely and proper manner (as determined by the Solid Waste Superintendent)shall give the City the right to terminate this contract by written notice. All prospective bidders are encouraged to visit the City of Port Arthur Landfill site to observe present practices and field conditions prior to submission of their bid. CONTRACT PERIOD: Successful bidder must agree to enter into a contract with the City of Port Arthur. The initial term of the contract shall be for one (1) year beginning after Notice to Proceed and shall be renewable in increments of one (1) year for an additional two (2) years upon specific yearly approval by the City Council. Prices quoted for the first year of the contract shall be firm, and shall be indexed for the next two (2)years using the Consumer Price Index for a category of work comparable to this service. Page 5 of 17 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Transportation of the City of Port Arthur Landfill Leachate to the City of Port Arthur's Port Acres Sewage Treatment Facility on Highway 365 BID DUE DATE: April 30,2025 DESCRIPTION COST OPTION 1 Tank Truck w/Operator, full load $ 189.53 /3,200 gals Tank Truck w/Operator, partial load $ 129.68 /1,000 gals OPTION 2 Tank Truck w/Operator, full load $105.00 /hour Tank Truck W/Operator, partial load $ 105.00 /hour Minimum hours charged per call-out,full or partial load 2 hours GPI Plant Services, LP COMPANY: E STREET ADDRESS t` •{SIG: TORE OF B P.O.P.O.BOX Jar to , l "r Port Arthur, TX 77640 (PRINT OR TYPE NAME) CITY STATE ZIP Account Manager 409-749-4885 TITLE AREA CODE TELEPHONE NO. jspradley@gflenv.com EMAIL Page 6 of 17 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 dev pment and submission of this bid proposal, Signature: Printed Name: '-James radley Title: Acc t Manager Company: GFL Plant Services, LP Date: 4-28-25 SUBSCRIBE and sw rn t before me by the above named JO AALS 7prad ley on this the ,9 day of , 20, Y) . o ,A) !' 1(6 k. k,(,1( 0,._so SERENA WILKINSON ( otary Public in and for the :i�c- Notary ID#128460280 i State of Texas 4 y,91 My Commission Expires t '�� ` December 2, 2026 My commission expires:/ L&_ .X, k. X) Page 7 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. 1 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. GFL Plant Services, LP 4-28-Z.. Firm Name Date Facility Manager- Part Arthur Authorized Signature Title 409-926-6183 Name(please print) Telephone ssinegal4gflenv.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named . )t (I eti on this theft day of - ,20, `J ` • J SERENA WILKINSON Wal /t 1 k-5 a- eiVIAANotary ID#128460280 I No ary Public �I� My Commission Expires December 2,2026 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CI) For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Lag., Regular Session. OF'f10EUSEONLY This questionnaire is being flied in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.0010-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). Sy law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the data the vendor becomes aware of facts that require the statement to be filed. See Section 176.008(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. N/A 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 flied questionnaire was incomplete or Inaccurate.) 41 Name of local government officer about whom the information is being disclosed. Name of Officer 11 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(aX2)(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? nYes [JNo 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? ED Yes No .5.1 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. 1.1 ECheck this box If the vendor has given the local government officer or afamlly member of the officer one or more gifts as described in Section 178.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). r S.,gnature of vendor doing cuteness with the governmental entity Data Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 9 of 17 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us! DocslLGlhtm/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 cr 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 boat governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a tamily 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 focal governmertal 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 Inca 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 cornpieted 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 cy 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 10 of 17 House Bill 89 Verification I, �C>C* r. <�j ,c, � (Person name), the undersigned representative (hereafter referred to as "Representative") of (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. SGCIATURE OF REPRESENTATIVE SUBSCRIB AN.up SWORN TO BEFORE ME, the undersigned authority, on this 4 Pk-day of , I , 20, �� SERENA WILKINSON :°���f, Notary ID#128460280 I1. �,��1j� My Commission Expires 4 J r �L� 'r°' December 2,2026 Notary Public Page 11of17 SB 252 CHAPTER 2252 CERTIFICATION I, \G� � , the undersigned an representative of C1. I _, ? (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 Iisted 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. Name of Company (Print) ‘Signa e of ompany Representative Date Page 12 of 17 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s}/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"—For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ}. The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://wwzv.ethics.state.tx.us/filinginfo/conflict foirns.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, 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. Page 13 of 17 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. 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.: Public Works,P.O. Box 1089, Port Arthur, Texas 77641. Page 14of17 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. 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 15 of 17 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,color, or national origin,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: Page 16 of 17 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 17 of 17