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HomeMy WebLinkAboutPR 24969: AN AGREEMENT WITH TEXAS UNDERBRUSHING, LLC FOR THE HYDRO-AXING SERVICES ON THE PALMS AT PLEASURE ISLAND GOLF COURSE PROPERTY www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 27, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 24969 — Contract with Texas Underbrushing, LLC for the Hydro-Axing Services on the Palms at Pleasure Island Golf Course Property on Pleasure Island Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24969 authorizing the City Manager to execute an agreement with Texas Underbrushing, LLC of Cleveland, Texas for the Hydro-Axing (an efficient land-clearing method that utilizes heavy equipment, such as a skid steer with a rotary mulcher, to grind trees and underbrush into fine mulch) Services, on the Palms at Pleasure Island Golf Course Property on Pleasure Island in the amount not to exceed $71,500.00. Background: The City of Port Arthur's Pleasure Island Department, in collaboration with a multi-disciplinary advisory committee and local stakeholders, is leading an initiative to repurpose the front nine holes of the former Palms at Pleasure Island Golf Course into a multipurpose green space. This restoration project will focus on ecological enhancement, bird habitat creation and recreational access while ensuring environmental resilience and ADA accessibility. Budget Impact: Funding in the projected budgetary amount of$71,500 is available for this purpose in Pleasure Island Professional Services Account Number 450-60-400-5420-00-00-000. Per Resolution 26-134, the City Council approved P.R. No. 24815 authorizing the City Manager to accept Jefferson County's use of $141,000 in Gulf of Mexico Energy Security Act (GOMESA) funding to support Phase One of the Palms at Pleasure Island Green Space & Bird Habitat Project. Recommendation: It is recommended that the City Council approve P.R.No. 24969 authorizing the City Manager to execute an agreement with Texas Underbrushing, LLC of Cleveland, Texas for the Hydro- Axing (an efficient land-clearing method that utilizes heavy equipment, such as a skid steer with a rotary mulcher, to grind trees and underbrush into fine mulch) Services on the Palms at Pleasure Island Golf Course Property on Pleasure Island in the amount not to exceed $71,500.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 11` P.R. #24969 5/27/24 gd- tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TEXAS UNDERBRUSHING, LLC OF CLEVELAND, TEXAS FOR THE HYDRO-AXING SERVICES ON THE PALMS AT PLEASURE ISLAND GOLF COURSE PROPERTY ON PLEASURE ISLAND IN THE AMOUNT NOT TO EXCEED $71,500.00; FUNDING AVAILABLE IN ACCOUNT NUMBER 450-60-400-5420-00-00-00-000 WHEREAS,the former Palms at Pleasure Island Golf Course property located on Pleasure Island has remained substantially unmaintained and overgrown for approximately twenty (20) years; and WHEREAS, the City of Port Arthur, through its Pleasure Island Department and in coordination with local stakeholders and a multidisciplinary advisory committee, has undertaken the Palms at Pleasure Island Green Space and Bird Habitat Project for the purpose of ecological restoration, habitat enhancement, recreational access, tourism promotion, and public enjoyment; and WHEREAS,the Pleasure Island Department has determined that hydro-axing services are necessary to clear approximately sixty-five (65) acres of invasive vegetation, underbrush, and undesirable growth in preparation for future greenspace improvements, environmental restoration activities, and large-scale tree planting initiatives; and WHEREAS, hydro-axing is an efficient land-clearing method utilizing specialized heavy equipment,including rotary mulching attachments,to grind vegetation and underbrush into mulch while minimizing environmental disturbance; and WHEREAS, in accordance with the City's Purchasing Policy, the Purchasing Division publicly solicited bids for Hydro-Axing Services for the Palms at Pleasure Island Golf Course Property on April 4, 2026, and April 11, 2026, attached hereto as Exhibit"A"; and WHEREAS, Texas Underbrushing, LLC, of Cleveland, Texas, submitted the lowest responsible bid,acknowledged receipt of one(1) addendum, and proposed to perform the required services for an amount not to exceed$71,500.00, as reflected in the bid tabulation attached hereto as Exhibit"A"; and WHEREAS,funding for said services is available in Pleasure Island Professional Services Account No. 450-60-400-5420-00-00-000; and WHEREAS, pursuant to Resolution No. 26-134, the City Council previously approved P.R.No. 24815 authorizing acceptance of Jefferson County's allocation of Gulf of Mexico Energy Security Act(GOMESA)funding in the amount of$141,000.00 to support Phase One of the Palms at Pleasure Island Green Space and Bird Habitat Project; and WHEREAS, the City Council finds that execution of the proposed agreement with Texas Underbrushing, LLC is in the best interest of the citizens of the City of Port Arthur. P.R. #24969 5/27/24 gd- tnr NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. The City Council hereby authorizes the City Manager to execute an agreement, in substantially the form attached hereto as Exhibit "B," with Texas Underbrushing, LLC, of Cleveland, Texas, for Hydro-Axing Services at the Palms at Pleasure Island Golf Course Property on Pleasure Island, in an amount not to exceed $71,500.00. Section 3. Funding for the services authorized herein shall be appropriated from Pleasure Island Professional Services Account No. 450-60-400-5420-00-00-000. Section 4.That a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2026 at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: (Mayor) ;Councilmembers: NOES: Charlotte M. Moses Mayor P.R. # 24969 5/27/24 gd-tnr ATTEST: APPROVED AS TO FORM: Christe Whitley Ned Roxann Pais Cotroneo City Secretary City Attorney APPROVED -OR ADMINISTRATION: RIF Ronald Burto CPM g .r` Geor e D vis, MA, M , City M. -:er Director of Pleasure Island APPRO AS TO THE AVAILABILITY OF FUNDS: /FP (u dia4L Lynda(L n) Boswell, MA, ICMA-CM Clifton E. Williams, Jr., Director of Finance Purchasing Manager P.R. # 24969 5/27/24 gd Exhibit "A" 7 CITY OF PORT ARTHUR Advertisement for Bids Hydro-Axing Services on Pleasure Island April 4, 2026 April 11, 2026 • ax� M. PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS INVITATION TO BID TICE IS HEREBY GIVEN THAT sealed Bids,addressed to the City of Port Arthur.will be received he Office of the itj'Secretary.Clt, Hat 444 4th Street or P.O.Box 1089.Port Arthur,Texas 77841 later than 3:00 P.M..Wednesday,April 22.2026.Applicant names wH i be read aloud bey nnfng P.M.,Wednesday,April 22,2026 on this date in the City Council Chambers.City Hail. 5th cr for certain services briefly described as. HYDRO•AXtNG SERVICES ON PLEASURE ISLAND BID s received after the deadline stated above,regardiess of method of delivery,=;raj not be considered returned unopened. pies of the Specifications and other Contract Documents are on file in toe Purchasing Office.44i Street. City of Port Arthur. and are open for public inspection without charge.They can also ue leved from the City's website at viww.portarthurtx govibids aspx orvwtiw.oublicpurcaase. ono. i IN-MANDATORY PRE-BID MEETING IS SCHEDULED FOR 10:00 A.M.ON TUESDAY APRIL ,2026,AT THE PLEASURE ISLAND COMMISSION OFFICE LOCATED AT 520 PLEASURE IS- ,NO BLVD.,PORT ARTHUR,TEXAS e City of Port Ar hur reserves the right to reject any and all bids and to waive informalities r Chapter 2 Article vit Sec. 2-262(C)of the City's Cade of Ordinance.the City Council shall not aid a contract to a company that is in arrears in its obligations to the City f I inn D==rrhaelnn ItAvn ar,a. PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS INVITATION TO BID 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 Halt 444 41h Street or P.O.Box 1089.Port Arthur.Texas 77641 Ino later than 3:00 P.M.,Wednesday,April 22,2026.Applicant names will be read aloud beginning at 3:15 P.M.,Wednesday,April 22,2026 on this date in the City Council Chambers City Hall,5th I Floor for certain services briefly described as. HYDRO-AXING SERVICES ON PLEASURE ISLAND BID Bids received after the deadline stated above.regardless of method of delivery,wilt not be considerec and returned unopened. I Copies of the Specifications and other Contract Documents are on file in the Purchasing Office.444 4th Street.City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www-pubiicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR 10:00 A.M. ON TUESDAY APRIL 14.2026.AT THE PLEASURE ISLAND COMMISSION OFFICE LOCATED AT 520 PLEASURE IS. LAND BLVD., PORT ARTHUR,TEXAS The City of Port Arthur reserves the right to reject any and all bids and to waive informalities iI I Per Chapter 2 Article VI Sec.2-262(C)of the City's Cede of Ordinance.the City Council shall no award a contract to a company that is in arrears in its obligations to the City. is/Clifton Williams Purchasing Manager Y ( , (7) City of Port Arthur Texas Bid Tabulation Ilydro-Axing Services on Pleasure Island oi r 1'11-Jur Bid Opening Date: April 14,2026 Bid Opening Location: City Hall 5th Floor Council Chambers P26-028 BDS Constructors LI.0 dba Mk Custom Tree Care,LLC Duck's Dr gline Service Constructors 2 Chainz Brush Cleaning LLC Description QTY UOM QTY UOM QTY UOM QTY UOM Hydro-Axing Services on Pleasure Island 65 Acres 65 Acres 65 Acres 65 Acres Cost Per Acre $ 1,500.00 $6,000.00 $ 1,961.53 $2,150.00 Total Cost $97,500.00 $390,000.00 $127,499.45 $ 139,750.00 s 90 Days 60 Days Number of Days to Complete 45 Days 180 Days Addendum Acknowledgement Yes Yes Yes Yes Location Tapeka,KS Beaumont,TX _ Vidor,TX Lolita,TX .�... S 3 City of Port Arthur Texas Bid Tabulation Hydro-Axing Services on Pleasure Island U,i r t lr u r Bid Opening Date: April 14,2026 1, Bid Opening Location: City Hall 5' Floor Council Chambers P26-028 Texas Ranch Maintenance, Texas Underbrushing, Shuffield Land Clearing Global Emergency Services,LLC LLC Bush Pro Mulching LLC &Services Description QTY UOM QTY UOM _QTY UOM QTY UOM QTY UOM Hydro-Axing Services on Pleasure Island 65 Acres 65 Acres 65 Acres 65 Acres 65 Acres Cost Per Acre $ 1,360.69 $ 1,425.00 $ 1,574.00 $ 1,100.00 $ 1,510.00 __ Total Cost $88,444.85 $92,625.00 $ 102,310.00 $71,500.00 $98,150.00 ^Number of Days to Complete 20 Days 14 Days 60 Days 90 Days 4 Weeks Addendum Acknowledgement Yes Yes _ Yes Yes No Location Beaumont,TX Humble,TX Livingston,TX Cleveland,TX Cameron,TX bi — t w Clifton Williams,Purchasing Manager Date P.R. # 24969 5/27/24 gd Exhibit "B" IFF CONTRACT FOR HYDRO-AXING SERVICES ON PLEASURE ISLAND THIS AGREEMENT, made this day of , 2026, 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 Texas Underbrushing, LLC 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 contract shall be 90 working days from the start date on the Notice to Proceed. The City can terminate this contract at its convenience which includes,but is not limited to, funding not bring available in any budget cycle within thirty(30) days written notice. 2. 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. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amount of$71,500. 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Addendum 6) Notice of Award 7) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of 2026 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2026 ATTEST TEXAS UNDERBRUSHING, LLC. BY CITY SECRETARY PRINT NAME: TITLE: Coy of -CITY OF PORT ARTHUR,TEXAS orr r[hu ADDENDUM NO. ONE (1) rer°` APRIL 15,2026 BID FOR: HYDRO-AXING SERVICES ON PLEASURE ISLAND BID BID: P26-028 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the revised bid package.Please discard the previous bid package. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ClC fn Williams Purchasing Manager Signature of Proposer Date fif6 Un*(br (V) ILL Company Vendor Name Page 1 of 1 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., CITY MANAGER MAYOR PRO TEM City of ' SHERRI BELLARD,TRMC r /' CITY SECRETARY COUNCIL MEMBERS: /Ir�� }. WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t ha r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. APRIL 15,2026 INVITATION TO BID HYDRO-AXING SERVICES ON PLEASURE ISLAND-REVISED DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,April 22,2026. (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 22, 2026 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P26-028 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams,Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager Page 2 of 20 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Hydro-Axing Services at Pleasure Island is scheduled for April 14, 2026 at 10:00 A.M.,the Pleasure Island Commission Office, 520 Pleasure Pier Blvd,Port Arthur,Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary,will issue an addendum(s)to clarify the intent of the Contract Documents. Page 3 of 20 INVITATION TO BID HYDRO-AXING SERVICES ON PLEASURE ISLAND (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 4 of 20 IF SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 8 B. EQUIPMENT LIST-9 C. NON-COLLUSION AFFIDAVIT-PAGE 10 (MUST BE NOTARIZED) D. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) E. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN&DATE ON LINE 7-PAGE 12 F. CHAPTER 2252 CERTIFICATION-PAGE 14 G. HOUSE BILL 89 VERIFICATION-PAGE 15 Page 5 of 20 HYDRO-AXING SERVICES ON PLEASURE ISLAND BID SPECIFICATION ¢ti j s`~ ,6 / 7 ,, Project Location: Pleasure Island Golf Course Property-HydroAxe Area Project Size: -72.5 total acres (approx. 65 serviceable acres excluding ponds and pathways) Project Overview The project consists of hydro-axing (forestry mulching) services to clear targeted vegetation across approximately 65 acres of the Pleasure Island Golf Course property. The primary objective is to remove invasive species (especially Chinese tallow), weeds, and other undesirable vegetation to prepare the land for future greenspace development and large-scale tree planting. Scope of Work The selected contractor will be responsible for: •Perform hydro-axing of all vegetation with a Diameter at Breast Height(DBH) less than 6 inches down to grade level, under brushing under trees and cleaning around trees up to 8' from ground. Leave the stumps. • Clear invasive trees, brush, and weed overgrowth. • Operating equipment in a manner that minimizes soil compaction and erosion • If trees,brush,and weed overgrowth fall into the pond,the contractor is responsible for removing it.. •Treat designated grassland and overgrown areas to create a consistent mulch layer. • Leave all mulched material evenly distributed on-site to enhance soil conditions. •Avoid disturbing the following: o Existing ponds and water features o Established pathways and access roads Page 6 of 20 Pr Project Goals •Eliminate invasive vegetation, especially Chinese tallow •Improve soil health through natural mulching • Prepare the site for future greenspace development and tree planting initiatives •Maintain accessibility and integrity of existing site features Contractor Requirements • Demonstrated experience with hydro-axing/forestry mulching projects of similar scale •Proper licensing and insurance •Ability to complete work within agreed project timeline • Compliance with all local, state, and environmental regulations Deliverables •Fully cleared and mulched project area per specifications •Final walkthrough/inspection with project representative • Removal of any debris not suitable for mulching(if applicable) Contract Terms • State the number of days to complete the task. Please consider rain days are other situations that may happen. Page 7 of 20 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: HYDRO-AXING SERVICES ON PLEASURE ISLAND BID DUE DATE: APRIL 22, 2026 DESCRIPTION QUANTITY UOM COST PER ACRE TOTAL COST HYDRO-AXING SERVICES ON PLEASURE ISLAND 65 ACRES S $ iJ D0 • WORK WILL BE COMPLETE IN A CALENDAR DAYS I en U1CiieriarU�J,(�\�/1� u. t 1 1�am D✓j COMPANY NAME ISTREET ADD SS e_12,A'As SIGNATURE OF BIDDER P.O.BOX t CIfiL[Qs t7\f 713a-8 P TOR TYPE NAME CITY STATE ZIP te( C3t .O3.'CaOil TITLE AREA CODE TELEPHONE NO. EMAIL ) C 1. FAX NO. ���t tncu t� Page 8 of 20 • EQUIPMENT LIST-HYDRO-AXING SERVICES ON PLEASURE ISLAND Please state the equipment contractor will use during this project QUANTITY EQUIPMENT DESCRIPTION C Hsv rhiti cyiey )35 OW(5 (A sm4 rYii(.Ic. << ci i D4-2) )--Lf Fora F all g ,03 f"rut ley Page 9 of 20 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: , . I? c Printed Name: E n l K 0 (2_a i S Title: Company: CO O LtrO P t-iok-uch 1rl 9 i C-L Date: 0 girliC SUBSCRIBED and sworn to before me the undersigned authority by the ZIP of, ?111 on behalf of said bidder. Notary Public in and for the State of Texas KRINALKUMAR BHAKTA ��tipgY PEA _ :* _ : 5-Notary Public, State of Texas J��Q_����7 m . sN: °ec Comm. Expires 08-25-2028 My commission expires: VV DD lam' " ' °;,. Notary ID /32641890 Page 10 of 20 IIIIIF AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc.. shall be signed by a duly authorized officer 1 of the company whose signature is binding. The undersigned offers and agrees to one of the following: Vhereby 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. ias U nriei.bro r in 9 , L� c zi--3/-3co Firm Name Date --raLtc ©WM Authorized Signature Title . a( k0 2a ( r4S 93C, - 203-(Jo o 7 7 Name(please print) Telephone &oStM1d bri$i(11CS kerma( I , (°1 Email J STATE: 104-5 COUNTY: a SUBSCRIBED AND SWORN to before me by the above named A v L�P LM�-Sf2cc1 on this the 2I Sr day of IA,j ,202 4.��`YP%, KRINALKUMAR BHAKTA / rcrf:..Vie'. :i• 'oiNotary Public,State of Texas Notary Pz2Qjj\____. ie N;.l41 e- Comm.Expires 08-25-2028 j�OF +� ,,,,����. Notary ID 132641890 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. 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.) J Name of local government officer about whom the information is being disclosed. (aytov cv ti Qth1 CPc y,\ ifri2mb(Y5, fa art. i4 (1-1-t tg Lk f Name of Officer Ct-T-tj 8 {0�`` Ar`►tjc'r ..J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? El Yes ZNo 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? n Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. riCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature o endor doing ou ess with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 12 of 20 • SB 252 CHAPTER 2252 CERTIFICATION I, P 111)f--0 1a S ,the undersigned and representative of 1--a-CIS Watr+b'f JSh n LLC.� (Co any 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. \20AnS Name of Company Representative(Print) Signature of Company Representative Date Page 14 of 20 House Bill 89 Verification I, - I(Y 1 Vot Yl S (Person name), the undersigned representative (hereafter referred to as "Representative") of i i`(.Cts Untie 471'u31i 101 _ (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 actin made for ordinary business purposes. c SIGNATURE OF REPRESENTATIVE SUBSCR1IBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of P1 V1 1 , 20?,b • A � J KR!NALKUMAR BHAKTA .trRY ° _2. ` .Notary Public, State of Texas Notary P lic : •'Q' Comm.Expires 08-25-202S Notary !D 132641890 Page 15 of 20 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive,responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 16 of 20 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility Operations, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. Page 17 of 20 Irv. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 18 of 20 • not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a.Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 19 of 20 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 20 of 20