HomeMy WebLinkAboutPR 21094: PURCHASE OF A SECURITY CAMERA SYSTEM FOR OPERATIONS CENTER es
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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.
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"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"
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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
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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.
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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
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Printed Name of Bidder/Contractor/Subcontractor's Authorized Official
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Ti le df Authorized Offi6ial
8. CLEAN AIR
42 U.S.C. § 7401 et seq.
Page 28 of 31
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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