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HomeMy WebLinkAboutPR 21094: PURCHASE OF A SECURITY CAMERA SYSTEM FOR OPERATIONS CENTER es City of 1v nrt l'111::;7: - www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 1, 2019 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager From: Alberto Elefano, Director of Public Works RE: P. R.No. 21094—Purchase of a Security Camera System for Operations Center Introduction: Public Works is requesting City Council approve P. R. 21094 authorizing the purchase of a security camera system for the Operations Center in the amount of$39,995.50. Background: The proposal was advertised on April 19, 2019 and April 26, 2019 in the Port Arthur News and ten(10)proposals were received and opened on June 4, 2019 with Wave Computers of Beaumont, Texas being the highest ranked proposal. Hurricane Harvey caused significant flooding to the city including several feet of water that damaged the building and grounds of the City's Operations Center. Prior to Hurricane Harvey a security camera system operated to provide security to both staff and equipment housed at the Operations Center. Budget Impact: The City is seeking reimbursement from FEMA. Funding will be charged to Account no. 147- 2300-901.25-00, Project#082617. Recommendation: Public Works is requesting City Council approve P.R.No. 21094 authorizing the City Manager to purchase a security camera system from Wave Computers of Beaumont, Texas, for the Public Works Operation Center in the amount of$39,995.50. /aw "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. No. 21094 10/1/19 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WAVE COMPUTERS OF BEAUMONT, TEXAS FOR THE PURCHASE OF A SECURITY CAMERA SYSTEM FOR THE OPERATIONS CENTER IN THE AMOUNT OF $39,995.50; FUNDING FROM ACCOUNT NO. 147-2300-901.25-00, PROJECT #082617, EMERGENCY MANAGEMENT FUND WHEREAS, Hurricane Harvey produced a catastrophic amount of rainfall on the City of Port Arthur causing significant flooding; and, WHEREAS, the City's Operations Center was inundated with several feet of flood water damaging the security camera system for this location; and, WHEREAS, Purchasing advertised for proposals on April 19, 2019 and April 26, 2019 in the Port Arthur News; and, WHEREAS, ten (10)companies provided proposals; and, WHEREAS, a committee of City staff reviewed and scored the various responses in accordance with the published criteria; and, WHEREAS, Wave Computers of Beaumont,Texas received the highest ranking score for this item as shown in the Proposal Evaluation Matrix (Exhibit"A") ; and, WHEREAS, the City staff recommends the purchase of a security camera system for the Public Works Operations Center from Wave Computers in the amount of$39,995.50 (Exhibit "B" NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: P. R. No. 21094 10/1/19 aw 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 Wave Computers of Beaumont, Texas for the purchase of a security camera system for the Operations Center in the amount $39,995.50, 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 on this day of , A.D., 2019, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers NOES: Thurman"Bill"Bartie Mayor ATTEST: APPROVED AS TO FORM: kfrOir OA 11_04 Sherri Bellard Vale . Tize o City Secretary City Attorney P. R. No. 21094 10/1/19 aw APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY OF FUNDS: 7\ct-A., C,„4 Ron Burton Kandy Danie Interim City Manager Interim Direc or of Finance /i //A.:, Alberto Elefano Clifton Williams Director of Public Works Purchasing Manager EXHIBIT "A" z _ 7 n n 3. m r 3 �; V)CD ° •? > R° n G� n .� a " ,, 3 .n 3 y C 7 S -• a 1 3 0 O -4 s O .66 .06 p p�p A C O o O O O 7- o 0 o r m- N > D cro N W cr. ...-.I 00 [ C b N C s f I. O O V. ?yy = ? FD Y v C I H ti 0 N N N CO a o D ... O <=, O o S�{ 7 n n C o n R7. C O Ne A A C.:6 00 - C 7 v m- c o Cs 141 n D'' O = 7 Q a C. n Ln O O tilN y �.�C `"r, 00 n vc p> "g T m c. A N n co cu o n x 0 0 0i';', a n_ /T^ + -4 N 11 v. 3 • so vr. 0 0 0 ° y v. R w 07 E NJW L ....1C1 0 N O O O Ln n 0 a N A V, +.1 ^'. 3 .. C N N r _ NJ 0 crl CI D A 1 �o a. --.1 W N J O ^•' ]9 s. %.... Vt O Q V• j .i O tl 1 # o ..,4.41( '41'.: \:\ //j��i o v. o o oC, g Q EXHIBIT "B" CONTRACT FOR SECURITY CAMERA SYSTEM FOR OPERATION CENTER 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 Wave Computers. 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 14 days from the start date on Notice to Proceed. 2. The Contractor shall install a security camera System at the Operation Center. 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 total amount of$39,995.50 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Addendums 1, 2 and 3 5) Bid 6) Notice of Award 7) 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 Sherri Bellard, City Secretary Ron Burton, Interim City Manager Signed on the day of , 2019. WITNESS: WAVE COMPUTERS BY PRINT NAME: PRINT NAME: TITLE: -0 CITY OF PORT ARTHUR,TEXAS 2rt rth rir ADDENDUM NO. ONE (1) ttras May 3, 2019 Quotes For: Security Camera System for Operation Center 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. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, May 22, 2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, May 22, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however,only the names of proposers will be read aloud. 2. Another Addendum will follow 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. Clift. Williams, CPPB Purchasing Manager Signature of Proposer Date • City of CITY OF PORT ARTHUR,TEXAS r �!��� `'.• ADDENDUM NO.TWO (2) May 15,2019 Quotes For: Security Camera System for Operation Center 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. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, June 4, 2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, June 4, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however,only the names of proposers will be read aloud. 2. Fiber optics is single at the Operation Center and multi in area between Operation Center and Equipment Service Garage. 3. For this purpose a server can be at the Operation Center. 4. Another Addendum will follow with the drawing 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. IcjClifton illiams, CPPB Purchasing Manager Signature of Proposer Date C , CITY OF PORT ARTHUR,TEXAS ) Vort rrl„�r' ADDENDUM NO.THREE (3) Ir:Ain May 28,2019 Quotes For: Security Camera System for Operation Center 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. CLASSROOM 101 —CAPTURE PEOPLE EXITING THROUGH DOOR TO THE OUTSIDE. 2. MUST BE ABLE TO SEE THE ASSEMBLY ROOM AND PEOPLE EXITING HALL 114 THROUGH DOOR TO THE OUTSIDE. 3. TOOL ROOM 107- MUST BE ABLE TO SEE PEOPLE EXTING THROUGH DOOR TO THE OUTSIDE THROUGH DOOR TO THE OUTSIDE. 4. MUST BE ABLE TO SEE PEOPLE EXITING THROUGH FOUR (4) BAY DOOR TO THE OUTSIDE. 5. MUST BE ABLE TO SEE THE ENTIRE SIDEWALK. 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. Clifton illiams, CPPB Purchasing Manager Signature of Proposer Date ..,..___, P g ..._,._ _ F 1 : 0 z E 1..1 D Z \. S— F- ix Z <L.' /-0 Cc Z 04: .... •-• "-. a.0 i...,Y CIEMEMJ 7 0 1 0 M Z-3 0 . ..c . CD...._ ___J i, 0( /0 ot yo Rs 6 C:O.N wS 2 e i x 0-,c .zVI! ._J i i 7) I :,-- e i 4 ..i:: ,.. , r , -. .7.: ,-. I . i 5 wIRtge,C-11 ----: -"„,"7----1—*A— II %.. ....' - k 0 5 !..,-. ... ri I i - F-2 i 6 3 1 2. 1 ... g 3 wa rs t 6TOt AgNI t e'nu DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of \ INTERIM CITY MANAGER )41 COUNCIL MEMBERS: it& SHERRI BELLARD,TRMC RAYMOND SCOTT,JR u r t r t h u r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK April 7, 2019 REQUEST FOR PROPOSAL SECURITY CAMERA SYSTEM FOR OPERATION CENTER DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, May 8, 2019. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, May 8, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P 19-057 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Request for Proposal should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager 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 REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams,CPPB Purchasing Manager • Page 2 of 31 REQUESTS FOR PROPOSALS SECURITY CAMERA SYSTEM FOR OPERATION CENTER (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 31 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Access Control System will be held on Tuesday, April 30, 2019 at 10:00 a.m. at the Operation Center located at 201 West H. O. Mills Road, Port Arthur Texas. The purpose of the Mandatory 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. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre- Bid Conference will be rejected and returned unopened to the bidder. Page 4 of 31 REQUEST FOR PROPOSAL SECURITY CAMERA SYSTEM FOR OPERATION CENTER The Operations Center needs to replace the security camera system damaged by flooding caused by Hurricane Harvey. Prior to the storm, cameras were located throughout the facility to overlooking the equipment outside and exterior sidewalk, and exterior of training room. The Operations Center staff has moved back to normal status and is in need of security cameras to offer security to both to equipment and staff. The design, installation, and configuration of an enterprise camera system, for immediate development within the Public Works structure. The City is seeking a solution offering scalability for potential future phases as cameras are added across the organization. Work to be completed. 1. Contractors are responsible for providing the following a. System to monitor needed areas b. Clear visibility at night c. Able to deal with rodents eating/destroying wiring d. Ability to see license plates and capture picture. e. Motion detection cameras f. Color cameras 2. Contractor is responsible for removing the current equipment from the premises. 3. Attending walkthrough of building will be a factor in evaluation. a. Submit drawing showing camera positioning. 4. Software version must not be at end of life for support. (Minimum 5 years) Page 5 of 31 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. EVALUATION CRITERIA: The Proposer shall provide the following information: 1. Submit previous work over the last five years on similar projects (preferably municipalities). Submit Contact information for these projects. 2. Submit a project approach to complete the project. Example of items to include are (number of days, crew size,number of hours,positioning of cameras, etc). 3. Submit pricing on Bid Proposal Page(Appendix A). 4. List the warranty included with software,hardware and install work. a) List after warranty yearly maintenance fees for software, equipment and labor if separate. Any additional info about your maintenance program. 5. List power requirements for system. How many outlets needed and amps equipment will use. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: A. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: 1. System&Equipment Capabilities(30 points) 2. Project Approach. (20 points) 3. Warranty&Maintenance. (15 points) 4. Pricing(35 points) B. The evaluation committee shall recommend the most qualified firm to the City Council for approval and will offer a contract based on services and fees as agreed upon. Page 6 of 31 C. Prior to the approval of an award, no evaluation committee member shall disclose any information regarding the committees' decision. D. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 7of31 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual,to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 8 of 31 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Police, P.O. Box 1089,Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. Page 9 of 31 • SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. Page 10 of 31 While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): Page 11 of 31 a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage$1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. 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 12 of 31 APPENDICES RETURN WITH PROPOSAL A. Bid Proposal Page Yes B. Letter of Interest Yes C. Affidavit Yes D. Non Collusion Affidavit Yes E. Conflict of Interest Questionnaire If It Applies F. HB 89 Yes G. SB 252 Yes Page 13 of 31 APPENDIX A CI"('Y 01: PORT ARTHUR BID) PROPOSAL Bid Proposal: Security Camera System at Operation Center Date: March 14, 2018 DESCRIPTION TOTAL COST 1. ONE(1) SECURITY CAMERA SYSTEM $ ��� Q A 5 50 INSTALLED -`y 2. COST OF REPAIRS DURING DUTY HOURS $ \ 0 pbb P- 3. COST OF REPAIRS AFTER HOURS $ \ 5 0 t', 4. RESPONSE TIME — 7 \.,v i'r S 5. WARRANTY PERIOD \`)-.Q /MONTHS 6. ANNUAL MAINTENANCE COST $ 3c( Ci ,,=). \AAVz Co,41 ('U�P'ley -cy L15 Hely 1 COMPANY NAME I S"MEET ADDRESS 91%; SIGNATURE OF BIDDER P.O. BOX _5hown Klock getutrn,4t Ta' 7770; PRINT OR TYPE NAME CITY STATE ZIP PIPa*1 ticr2w (-10 �� 3-53 1 Y TITLE') AREA CODE TELEPHONE NO. s klock vvetve:compuif,r5 coni 9OY — y z y-7 Hi/ EMAIL FAX NO. Page 14 of 31 APPENDIX B LETTER OF INTEREST RFP—Security Camera System at Operation Center Deadline: March 14, 2018 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to provide Security Camera System for the City of Port Arthur, TX Operation Center. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed RFP Letter of Interest Form • Completed Affidavit • Non Collusion Affidavit • Completed Conflict of Interest Form • HB 89 • SB 252 Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. Wave C& �vtie'$ S— G -ic( Firm Name Date 5yt/5 HIV/ /09 13i'uv44104t TA- 777? Address City/State/Zip / ......,....... Authorized Signature ''`,, E l.i _frr,� t -holvv4 k 1oCK 7,1,V " 4isr-�5 Z `( Name(please print) Telephone 5k/a;4 Q woivec-onip gY5- , CO/r/ Email Page 15 of 31 APPENDIX C CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: // / �I fry/7 `� C Title: 1).% e c n Pr Company: v Iq✓e Cca4 y�1 P�5 Date: 5 C (`t SUBSCRIBED and sworn to before me by the above named S hau�✓n r1 �F( on this the (c~~ day of J , � , 20 /4 . ICpL.- Notary Public in and for the 1 State of Texas 1 4r P6,0 DIANA LEIGH HINDMAN �'� = Natal Pubic,State of Texas 1 .3'►+/., Comm.Expires X09-2021 r My commission expires: .3 - �l- I 1 ���` Mary 10.12680683-o t Page 16 of 31 APPENDIX D 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: S C( I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. 1 further agree to pay succeeding debts as they become due. 47111=71 WC( Ve CO/71:11,1 te —/? Firm Name I Date 5 9 Hw 10; & it. Tx 7770 8 Address / City/State/Zip r(cj 11 Authorized Signature Title ��►ctwa� Klock �� r-5 13- 93Z(./ Name (please print) Telephone l rrte'' S"Y/cc`C l WVe. co op lP,✓S, co/v) Email // STATE: 7� COUNTY: Jt frec5cv SUBSCRIBED AND SWORN to before me by the above named S 11,7&n k (Qck on this the ' day of YY\ y ,20 1a . 1 lI pY PV DIANA LEIGH HINDMAN � "i Z %, Notary Public,State Of Texas otary Public Comm.Expires 0309-2021 I 14.00 i. Notary IDS 12680683-0 RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL Page 17 of 31 APPENDIX E 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.23,54th Leg..Regular Session. OFFICE USE ONLY This quesoonnerre is being filed in accordance with Chapter 176,Local Goventment Code,by a vendor vitro (mt.nv.a'rad has a business relationship as defined by Section 17600141-a)with a local governmental entity and the vendor meets requirements under Section 176.0064). By law this questionnaire mint be filed with the records administrator of the local governmental entity not later than the 7th txrsiness day after the date the vendor beeomes aware of facts that rersire the statement to be filed Sea.Scion 17e.006(a-t),Local Government Code. A vendor commits an offense 11 the vendor knowingly violates Section 176 006.Local Government Code.An offense under Chis section is a misdemeanor Name of vendor who has a business relationship with local governmental entity. riCheck 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 tiling authority not later than the 7th business day alter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information Is being disclosed. Name Cl Officer Al 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)(2XA).Also describe any family relationship with the local government officer. Complete subparts A and B for each employment of 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? r---1YesEDNo 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 a not received from the local governmental entity? nYes n No J Describe each employment pl yment or business relationship that the vendor named In Section t maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. J rheck this box it the vendor has given the local government officer or a family member of the officer one or more gifts 1 as described in Section 1760031a)(2)(0),excluding gills described In Section 176003ta-1) Signature of vendor doing business with are governmental envy Day Form provided by Terns Ethics Commission wwwethics stole to us Revised 11130'2015 114 CINH Hof" AMMO p4 woe tug to&tss' . dug y to$ $ tsO 204:0 d9 qx3.mtnQO 04, '&3St X31 hstrm .r,7!' • Page 18 of 31 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at httpfiwww.statutes.legis.state,tx.us/ DocsfLG/htrn/LG.176.htm For easy reference,below are some of the sections cited on this form. Local Government Code±a 176.001(1-al:'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal.state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a stale or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code$176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if; (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income.other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) hasgiven to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the • officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed,or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 4 176.006(a)and(a-11 (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local gavernmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of Interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B)submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: • • A .." ''""""� t;A�y-t~'~' � A)of an employment or other business relationship with a local government officer,or a 3111 1'LJ,tr'1l/M.1 r�,�v4 ily4member of the officer,described by Subsection(a); NX51 TO a)l8,�vet* hitt the vendor has given one or more gifts described by Subsection(a);or f Cly -#1;thy j ;}�„rr(:�;) ) f!a family relationship with a local government officer. I 0-£&10r.it KR Pec Form provided by Texas Edits Cornmission www.ethics.state.tx-us Revised ti,301015 Page 19 of 31 APPENDIX F House Bill 89 Verification I, 5 11,t w iC Jc c i< (Person name), the undersigned representative (hereafter referred to as "Representative") of I,V ca v Co��;,,I4i.$ (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 REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of fYLy , 20Jj . t `ppY PUS DIANA LEIGH HINDMAN 1 t 2_4.!!!,,f,-, Notary Pic,State of Texas r � ;� t% Comm.Expires 03-09-2021 `1 4400v Notary DO 12680683-0( Notary Public Page 20 of 31 APPENDIX G SB 252 CHAPTER 2252 CERTIFICATION I, S h ot v i Mock , the undersigned and Representative of V(/ot ve ,,,-po f f,/y (CiCpany or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 5 /<kk Name of Company Representative (Print) Signature of Company Representative 5. 6 ,_ �c� Date Page 21 of 31 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. S tic( w,i K(cc4 (printed name of signatory) 5 -64q (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. 5 '4W k icc k (printed name of signatory) (signature and date) Page 22 of 31 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." .SLic1 wo LCIGC4 (printed name of signatory) (signature and date) Page 23 of 31 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: (1) 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 are employed,and that employees are 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 all 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(1)and the provisions of paragraphs(1)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 the United States." S�?a wH K l&c (printed name of signatory) Page 24 of 31 (signature and date) 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. 311aWi✓J lock (printed name of signatory) ,c)X1/ (signature and date) Page 25 of 31 6. CONTRACT WORK HOURS AND SAFETY STANDARDS AC I� 29 CFR § 5.5(b) (1) 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 (1) 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. Page 26 of 31 Sitawr) K is ck (printed name of signatory) (signature and date) 7. LOBBYING Byrd Anti-Lobb.ince 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 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 27 of 31 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, Kum kW_ , 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 6- day of /11 ety ,20/ By 9:Z....;;"; Signature of Bidder/Contractor/Subcontractor's Authorized Official Shawn Kic-C k Printed Name of Bidder/Contractor/Subcontractor's Authorized Official 9i0;eC CA Ti le df Authorized Offi6ial 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Page 28 of 31 f1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the 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. 5Ji6Ivv.q klc. k (printed name of signatory) (signature and date) 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. �4u W 4 K lcck (printed name of signatory) (signature and date) Page 29 of 31 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-guideline-cpg-program. Sly wN 1/C lock (printed name of signatory) _ ` 6- /9 (signature and date) 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 ✓�7a w i K(aC4 (printed name of signatory) (signature and date) Page 30 of 31 !-1 r^'1 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. 5hqL4,4 k!4 (printed name of signatory) F2 --"- "---- 5 -6 -1q signature and date) Page 31 of 31