Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PR 20845: AGREEMENT WITH BRIGGS EQUIPMENT TEMPORARY LIGHT TOWERS FOR THE CIVIC CENTER AND LIBRARY PARKING LOTS
Memorandum City of Port Arthur, Texas Robert A. "Bob"Bowers Civic Center To: The Honorable Mayor and City Council Through: Rebecca Underhill, Interim City Manager From: Adam J Saunders,Civic Center Director RE: Proposed Resolution No. 20845 NATURE OF THE REQUEST: As a result of Hurricane Harvey, the Civic Center parking lot, which includes the Library, has no parking lot lights in operation. Temporary lights are used and needed. Currently 17 temporary light towers are in use. These towers are rented under a short-term agreement approved by City Council with an overall expenditure under $50,000.00. Due to the ongoing cost, it will exceed $50,000.00 and a formal bid is required for further rental. The monthly cost is projected to be $5,644.00 per month (This monthly fee includes $275.00 per unit per month along with - Environmental Fee of$13.00 per unit per month, - Damage Waiver fee of 14% per unit per month and - Texas Surcharge/Recovery/Specialty Fee of 2% per unit per month.) Even with the added fees, this vendor's bid is still the lowest. The Purchasing Division advertised this bid opening on March 28 and on April 4, 2019. Bids were received as follows: • Herc Rental $ 425.00 per unit per month $ 7,225.00 per month total • Sunbelt Rental $ 480.31 per unit per month $ 8,165.27 per month total • United Rental $ 430.00 per unit per month $ 7,310.00 per month total • Rental World $1,550.00 per unit per month $26,350.00 per month total • KLH Equipment $1,340.00 per unit per month $22,780.00 per month total • H&E Equipment $ 450.00 per unit per month $ 7,650.00 per month total • Briggs Equipment $ 275.00(w/mthly fees)per unit per month$ 5,644.00 per month total (includes additional fees) • Associated Supply Co $575.00 per unit per month $9,775.00 per month total This will be paid through the Hurricane Harvey account and reimbursement will be requested through FEMA. It is requested the City Council authorize the City Manager to execute the agreement between the City of Port Arthur and Briggs Equipment of Beaumont, Texas for rental of the temporary light towers in the Civic Center and Library parking lot for the amount of$275.00 per unit per month plus additional fees as stated above, with a projected monthly budgetary impact of $5,644.00. Funds are available in the Hurricane Account 147-2300-901-51-00, Project 082617. ANALYSIS/CONSIDERATION: The monthly rental of these light towers will be needed until the parking lot light poles are repaired and operational. It is projected the repair to the parking lot light poles will take from six to nine months. The bid to repair these lights should be advertised around the beginning of June with bid openings around the end of June. From there, approval will be requested from City PR20845 Council and the work will begin as soon as possible. Due to the events taking place at the Civic Center, work on these lights will need to be scheduled as to not interfere with any activity. In other words, the entire parking lot will not be able to be shut down for repairs. The repairs will need to be done in sections. This agreement allows the City of Port Arthur to have confidence in the continued safe lighting of the parking lot. BUDGETARY AND FISCAL EFFECT Funds available in Hurricane Account 147-2300-901-51-00 Project 082617. RECOMMENDATION A resolution authorizing the City Manager to execute an agreement with Briggs Equipment for rental of the temporary light towers in the Civic Center and Library parking lot for the amount of $275.00 per unit per month. The total monthly cost is projected to be $5644.00.00. Funds available in the Hurricane Account 147-2300-901-51-00, Project 082617. STAFFING EFFECT None PR20845 P.R. No. 20845 05/10/19 AJS PAGE 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND BRIGGS EQUIPMENT OF BEAUMONT, TEXAS FOR RENTAL OF THE TEMPORARY LIGHT TOWERS FOR THE CIVIC CENTER AND LIBRARY PARKING LOTS IN THE AMOUNT OF $275.00 PER UNIT PER MONTH PLUS ADDITIONAL FEES, WITH A PROJECTED MONTHLY COST OF $5,644.00, NOT TO EXCEED $67,728.00. FUNDS AVAILABLE IN ACCOUNT 147-2300-901-51-00 PROJECT 082617 (HURRICANE ACCOUNT) WHEREAS, pursuant to Resolution No. 19-115, the City Council ratified the monthly rental of temporary lights for the Civic Center and Library parking lots from United Rentals of Port Arthur, Texas in the amount of$24,436.59; and WHEREAS, pursuant to Resolution No. 19-115, the City Council also authorized temporary light towers to provide the total needed lighting for the entire area until a formal bid process could be completed; and WHEREAS, the Purchasing Division advertised for bids on March 28 and on April 4, 2019, and Briggs Equipment of Beaumont, Texas provided the lowest and most responsive bid providing the towers at $275.00 per month per unit plus additional fees (see bid tabulation attached hereto as Exhibit"A"). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That,the facts and opinions in the preamble are true and correct. Section 2. That, the City Council hereby authorizes the City Manager to enter into a contract with Briggs Equipment of Beaumont, Texas for the rental of the temporary light towers located at the Civic Center and Library parking lots in the amount of$275.00 per unit per month PR20845 plus, additional fees, with a projected monthly cost of$5,644.00, not to exceed $67,728.00, in substantially the same form as attached hereto as Exhibit"B". Section 3. 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 May, 2019, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary AP ROVED AS TO FORM: 4 aii , Valecia T zeno, City Attorney APPROVED FOR ADMINISTRATION: / c-W Rebecca Underhill, Interim City Manager Adam au •ers, Civic Center Director PR20845 APPROVED AS TO FUN VAILABILITY: Kandy Da 1, Interim Director of Finance Clifton Williams, CPPB, Purchasing Manager PR20845 EXHIBIT "A" PR20845 c 'Y .141moo.03 o H o •HL .L v) U O U n 0 h a a co t) 69 o o ,o ..1 CA U 75 t" X a 0 3 * E- o ocE � H c ot� '� n S E U N 7 w - 16 b4 c U 0 40 yX E c 0 3 [- • E � E0- oo c L 614 0s o w o.N a i od O 0 t' x U w ea L c4 I., .a o o H 01/ ca x ' F-' S 'U V� A. rte, ..a ape y s - CO r• le ~ . M N e� •v O =GI o +s3 aoi H U = N 7 �? c....) ,,c2, z a > V � ca 0 : O G> O d9 * cX. = dam E 3 H o c kr) OD 0 will 03 O, .�. a c 0) Q'' ,fl b0 x U w x N aa� ax -. M N O °' 0 O 0 1 . X 8' N d. 0 'fl 0cso u 0 3 E- 1 .y y r+ CLi d S a r. Uu d �' oM W o d a `a TA °) -1- FA ' ca az tie ,o U kc z w 0 m z CI? x s N .s k* X00+ p - _n Ca CO 2 i--, M - m y O N U � Q to U C''' t° X O pca * E-H N u '" 0 3 0 . . o 0 0 0 c F- O =i G 0 U N •� c w a. 0 a y v'o CC vJ C:4 o tzt �e., 7../;-� ch w O = �b0 p 0 >" � .0 o � 0 ea v ti 04. k.0C a •° 0 C :c 6a EXHIBIT "B" PR20845 CONTRACT FOR RENTAL OF EMERGENCY LIGHTS AT CIVIC CENTER AND LIBRARY THIS AGREEMENT, made this day of , 2019, 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 Briggs Equipment hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 12 months from the date stated on the Notice to Proceed, unless sooner terminated under the provisions hereof. The City can terminate this contract at its convenience which includes,but is not limited to,funding not being available in any budget cycle within thirty (30) days written notice. 2. The Contractor shall deliver Emergency Light Towers to the Civic Center & Library parking lots and place each as designated by the City of Port Arthur representative. 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 in the amount of$275.00 per unit per month along with Environmental Fee of$13.00 per unit per month, Damage Waiver fee of 14% per unit per month and Texas Surcharge/Recovery/Specialty Fee of 2%per unit per month. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 written above. Signed on the day of 2019. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Rebecca Underhill Interim City Manager Signed on the day of , 2019. WITNESS: BRIGGS EQUIPMENT BY Print Name: PRINT NAME: TITLE: DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEMtatty of , INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ort r t h rr r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. I` VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 31,2019 INVITATION TO BID RENTAL OF EMERGENCY LIGHTS FOR CIVIC CENTER& LIBRARY DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, April 17, 2019. (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 17 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-050 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 n'ritinor to: City of Port Arthur, TX Clifton Williams P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 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, CPPB Purchasing Manager Page 2 of 26 • - INVITATION TO BID RENTAL OF EMERGENCY LIGHTS FOR CIVIC CENTER & LIBRARY (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? t" Comments/Other Suggestions: Company Name: Briggs Equipment, Inc. Person Completing Form: Telephone: Stephanie Karm (214)68M157 Mailing Address: Email: 10540 N. Stemmons Freeway StepnaneKarm©bnggsequ,pmentcom City, State, Zip Code: Date: Dallas, Texas 75220 April 9, 2019 Page 3 of 26 SUBMIT THE FOLLOWING. A. BID SHEETS-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 &DATE ON LINE 7- PAGE 9 E. CHAPTER 2252 CERTIFICATION-PAGE 11 F. HOUSE BILL 89 VERIFICATION-PAGE 12 G. FEDERAL DOCUMENTS-PAGE 18-26 SPECIFICATIONS FOR Page 4 of 26 RENTAL OF EMERGENCY LIGHTS FOR CIVIC CENTER& LIBRARY 1. The City will rent seventeen (17) temporary emergency light towers for the Civic Center and Public Library. 2. Trailer 3. Vertical Mast 4. Up to 90 Hours of operation on a single tank of gas. 5. Light equivalent to four(4) 1,000 watt metal halide oval light fixtures. 6. The estimated rental time is one year. 7. Location of the Civic Center is 3401 Cultural Center Drive Port Arthur, TX 77642 Page 5 of 26 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: RENTAL OF EMERGENCY LIGHTS FOR CIVIC CENTER& LIBRARY BID DUE DATE: APRIL 17, 2019 DESCRIPTION COST PER MONTH FOR EACH LIGHT TOWER Rental of Lighting $ /MTH Briggs Equipment, Inc. 6210 Walden Road, Beaumont, TX 77707 COMPANY NAME STREET ADDRESS 841272 IGNl�IT - OF BIDDER P.O. BOX Jay Shutter Dallas TX 75284-1272 PRINT OR TYPE NAME CITY STATE ZIP Sales-Contractor Rental (409)840-4463 TITLE AREA CODE TELEPHONE NO jay.shutter@briggsequipment.com (409)840-6060 EMAIL FAX NO. Page 6 of 26 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: Derek Claybrook Title: Vice President&CFO Company: Briggs Equipment, Inc. Date: April 9, 2019 SUBSCRIBED and sworn to before me the undersigned authority by the behalf of said bidder. Atar/-2 , Oiled , Nota 'ublic in and or the = - of Texas My commission expires: es AIN Kathleen ssmoche Edmondson ;, `F+ My Commission Expires , 1112112022 `3P ID No.130034489 Page 7 of 26 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. X 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. Briggs Equipment, Inc. April 9,2019 Firm Name Date P, ___D--- , Vice President&CFO Authorized Signature Title Derek Claybrook (214)630-0808 Name (please print) Telephone Derek.Claybrook@briggsequipment.com Email STATE; nn �� COUNTY:_144 1 14,3 SUBSCRIBED AND SWORN to before me by the above named iiii,02.1—L d6/6(61(() on this the 7 day of4 , 20 /9 . d. / ! . ' " 'OA—) ,P!°� Kathleen Samocha Edmondson Notary 'ublIc ;pr , My eom,rySSion Expires 2- 11/21/2022 `5:.'... ,.•,,. - 10 No.130034489 0 • ` • - 1 A T AS PART OF THE BID PROPOSAL Page 8 of 26 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 meats requirements under Section 176.006(a). By law this questionnaire must be(lied 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 176,006(a.1),Local Government Code. A vendor commits an offense it the vendor knowingly violates Section 170.000,Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. Not Applicable I I 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, Name of Officer 4.1 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? 1 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? II 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. 13_I 1 f Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). ?J April 9,2019 Signature of vendor doing uslnas th the governmental entity Date Form provided by Texas Silica Commission www.ethics,state.tx.us Revised 11/30/2015 f CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acompfete copy of Chapter 176 of the Local Government Code may be found al hllpJhwww.slatules.legis.slate.lx.us/ Docs/LG/htm/La176.htm.For easy reference,below are some of the sections cited on this faun. Local Government Code 176.001(1-a):'Business relationship'means a connection between Iwo 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 rale 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 4176.003(4(21(A)and(B)t (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 otricer ora 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 protecting the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has boon executed; or (ii) the local governmental entity Is considering entering Into a contract with the vendor; (B) has given to the local government otticerore family member of the officer one or more gilts that have an aggregate value of more than$1 CO 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 willh the vendor. • Local Government Code§176.005(a)and(a-1) (a) A vendor shall tie a completed conflict of interest questionnaire if the vendor has a business relationship wilha local governmental entity and: (1) has an employment cr other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 178.003(a)(2)(A); (2) has given a local government officer of that focal 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-I):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 lire 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 focal government officer. Form nrovidod by Toxas Ethics Commission www.orhlcs stote.tx.us Rovicod t tr3a2oh5 Page 10 of 26 SB 252 CHAPTER 2252 CERTIFICATION I, ,the undersigned and representative of (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. Name of Company Representative (Print) Signature of Company Representative Date Page 11 of 26 House Bill 89 Verification I, Derek Claybrook, Vice President&CFO (Person name), the undersigned representative (hereafter referred to as "Representative") of Briggs Equipment, Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REP ENTATIVE 4JBSD AND SWO TO BEFORE ME, the undersigned authority, on this 9 day of ' 20 / ir- ft-0-, de '�••• Kathleen SamoCna Eamonoson My Commission Expves Notary Public i,3,• ,. 1121/2022 ID No.130034489 Page 12 of 26 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. 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: 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. The following are the current City Council and City Employees who are anticipated to either recommend or approve award of the proposal. Page 13 of 26 ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. 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.: Civic Center, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. 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. Page 14 of 26 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 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. Page 15 of 26 TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates Page 16 of 26 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. DISADVANTAGE BUSINES ENTERPRISE: If Contractor must use subcontractors, Contractor must do the following: 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). Page 17 of 26 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Derek Claybrook, Vice President&CFO (printed name of signatory) �L April 9,2019 (signature and date 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements," apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,statement,submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. Derek Claybrook, Vice President&CFO (printed name of signatory) 2Lrg April 9, 2019 (signature and date Page 18 of 26 • 3.ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Derek Claybrook,Vice President& CFO (printed name of signatory) April 9,2019 (signature and date) • Page 19 of 26 • 1 r 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630,41 CFR Parts 60 et seq. During the performance of this contract,the contractor agrees as follows: (I)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants arc employed, and that employees arc treated during employment without regard to their race,color. religion,sex, or national origin.Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in nil solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin. (3)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. (5)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. (7)The contractor will include the portion of the sentence immediately preceding paragraph(I)and the provisions of paragraphs(i) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of(lie United States." Derek Claybrook, Vice President&CFO (printed name of signatory) April 9, 2019 (signature and date Page 20 of 26 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal, the bidder or proposer agrees to comply with the following: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, Derek Claybrook, Vice President&CFO (printed name of signatory) • _....2":„..e......,&" April 9, 2019 (signature and date Page 21 of 26 • 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR § 5.5(b) (l) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - in the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. (3)Withholding for unpaid wages and liquidated damages—The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this section. (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (I) through (4) of this section. Derek Claybrook,Vice President& CFO (printed name of signatory) April 9, 2019 (signature and date • Page 22 of 26 t 7. LOBBYING Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Ioan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The Contractor, Briggs Equipment, Inc , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure,if any. Executed this 9th day of April ,20 19 Page 23 of 26 r By Signature of Bidder/Conte or/Subcontractor's Authorized Official Derek Claybrook Printed Name of Bidder/Contractor/Subcontractor's Authorized Official Vice President&CFO Title of Authorized Official 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §5 740I et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas,Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office, Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Derek Claybrook, Vice President& CFO (printed name of signatory) pril 9,2019 (signature and date Page 24 of 26 . 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Derek Claybrook, Vice President& CFO (printed name of signatory) April 9, 2019 (signature an c) 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement- guidel ine-cpg-program. Derek Claybrook,Vice President& CFO (printed name of signatory) ��tVS April 9, 2019 (signature and d Page 25 of 26 11.DEPARTMENT OF HOMELAND SECURITY SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval Derek Claybrook, Vice President&CFO (printed name of signatory) April 9,2019 (signature and d 12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Derek Claybrook,Vice President&CFO (printed name of signatory) April 9,2019 (signature and dat Pege 26 of 26 I BRIGGSEQUIPMENT Jay Shutter/I61 Equipment Request for Ouote 409-223-3719 Cell 6210 WALDEN RD. BEAUMONT TX,77707 P.O Date: April 3, 2019 Vendor Information Customer : City of Port Arthur Tx. Address: Job Location: Robert A Bob Bowers Civic Center 3401 Cultural Center Dr. I'OC: Clifton Williams Port Arthur,Tx 77642 Phone: 983-8291 Please send quote to: jay.shutter@briggsequipment.com or Please note the availability i delivery time flame orail items in (luote km Qty Item Description d Day Week Month 'loud 1 17 Light Towers S 30.01) S 02.00 S 275.00 5 4,675.00 3 $ - 45 $ - $ - 6 $ 7 $ - 10 $ - 12 13 S - 14 - 15 16 5 - 17 - Environmental Fees $13.00 S 221.00 Damage Waiver(If Applicable) 14% ` 654.50 Texas Surcharge/Recovery/Specialty Fee 2% 93.50 Delivery Charge free Plek-Up Charge free 5.644.00 8.25% Tax: $ 465.63 Total: $ 6,109.63 Page 1 of 1 Copy of Rental Request (15) (009)