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HomeMy WebLinkAboutPR 21264: WATER RATE FIRM SELECTION .., ��.r,,!�/////, Ci o of /ire/iiiiIji�\�� or! rthuC Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 24, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Donald Stanton, Interim Director of Utilities RE: Proposed Resolution No. 21264—Water Rate Firm Selection Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to negotiate a contract with Willdan Financial Services, of Plano, Texas for services related to the 2020 Water and Sewer Rate Study. A Request for Qualifications was solicited according to the City's purchasing policy. Three (3) firms sent in qualification packets in response to the RFQ. An RFQ review committee was formed and Willdan Financial Services, of Plano, Texas was determined to have the best qualifications. Background: A water and sewer rate study is necessary to assist the City in achieving sustainable water and water reclamation rate structures. Budget Impact: The contract amount has not been negotiated at this time. Recommendation: It is recommended that City Council approve the City Manager to negotiate a contract with Willdan Financial Services, of Plano, Texas for services related to the 2020 Water and Sewer Rate Study, as discussed and/or outline above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 * Port Arthur,Texas 77641-1089 * 409.983.8101 * FAX 409.982.6743 P. R.No.21264 03/24/2020 bw Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND WILLDAN FINANCIAL SERVICES OF PLANO, TEXAS FOR THE 2020 WATER AND SEWER RATE STUDY. WHEREAS, the City of Port Arthur advertised in the Port Arthur News for Request for Qualifications(RFQs) for a water and sewer rate study on February 25 and March 3, 2020; and, WHEREAS, the City of Port Arthur received qualifications statements from three (3) firms; and, WHEREAS, RFQs were received and opened on March 11, 2020; and, WHEREAS,the RFQ evaluation committee,having reviewed said statements and having used the published evaluation criteria, recommends Willdan Financial Services of Plano, Texas for these services (Exhibit A); and, WHEREAS,the City Council finds it to be in the best interest of the citizens of Port Arthur to authorize the City Manager to negotiate a contract for the providing of these services. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized and directed to negotiate a contract on behalf of the City of Port Arthur with Willdan Financial Services of Plano, Texas for a water and sewer rate study; and, THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. P.R. No.21264 03/24/2020 bw Page 2 of 2 READ, ADOPTED,AND APPROVED THIS day of , 2020 at a Regular 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: Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager st& L Donald Stanton Interim Director of Utilities Kandy Daniel Clifton Williams, CPPB Interim Director of Finance Purchasing Manager Exhibit A \\"111Ai \,44,, 11P11)44, iz ..„4:, ... .z.. .._ I.. _ ... - z. c., ai. w IL 111 ,...,._ :...., . 4111111.4 N M N �,. L -- ^ N V • /1 3 0 :14 CN ...• i O M it N rr rC�� . .-4 .-. N QJ a/ J S. 44 � � = z i d p o Z s.. ESt ' rel o = G 0, y C •- -: � 3 d M - v) .� i Q U = Cr on • ar :.� o v, o 3 • - - oM -c — u y y -o Ti ` cJ 1 a. C vu dry. 'C L S- -7 a F= - a >. THURMAN BILL BARTIE,MAYOR \ \' '/i/ RON BURTON HAROLD DOUCET,SR.MAYOR PRO TEM ; u ♦/ CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD, TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES u rt r t h ti r THOMAS J.KINLAW IH � VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY KAPRINA FRANK FEBRUARY 28,2020 REQUEST FOR QUALIFICATIONS(RFQ) WATER AND WASTEWATER RATE STUDY DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 11, 2020. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15p.m. on Wednesday, March 11, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P20-030 DELIVERY ADDRESS: Please submit one (I) original and three (3) exact duplicate copies of' your RFQ 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 this Request for Qualifications and Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed Request for Qualifications (RFQ)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 QUALIFICATIONS 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 RFQ submittals will not be accented. Clifton Williams, CPPB Purchasing Manager Page 2 of 18 REQUEST FOR QUALIFICATIONS(RFQ) WATER AND WASTEWATER RATE STUDY (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 scry ices? 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 18 CITY OF PORT ARTHUR City of Port Arthur Water and Wastewater Rate Study RFQ SCOPE OF SERVICES It is the intent of this RFQ process to identify and engage the most qualified consulting firm to assist the City in achieving sustainable water and water reclamation rate structures that: adequately fund operations, debt service, and capital. improvements; meet debt service ratio and bond covenant requirements; and ensure that each service is operating on a self-sustaining basis. Expected time to project completion is 90-180 days from the date of contract approval. 1. The City has identified several key requirements that are important components of a cost of service and rate study. The successful proposer will be required to provide, at a minimum,the services below: a. Meet with appropriate City staff to familiarize themselves with current practices and procedures, as well as the goals and objectives of the City. b. Review relevant materials, reports, studies, etc. developed by/or for the City related to rates including historical cost of service studies, ordinances and relevant contracts. c. Discuss options to modify existing rate structures for more stable revenue recovery and ease of administration. d. Provide a simplified and straightforward report to communicate and explain the rates to City's e. Determine the revenue required to support water and wastewater operations, including current and planned capital for the next five years. f. Reevaluate the various rate classes of residential, commercial and industrial customers, their demands for services, and the essential cost of providing service to each class. g. Analyze the impact of peak demands on the cost of providing service. h. Evaluate the best way to charge for these services and the financial impact that each option has on each class. These impacts should be expressed in terms of average monthly bill by year and calculated on historical consumption patterns. i. Provide projected impact that the proposed rate structure will have on future consumption patterns,and the resulting impact on the cost of providing service. j. Develop strategies for implementing significant rate changes in order to reduce the adverse impact on specific customer classes. k. Provide draft and final reports summarizing findings, assumptions, methodology and recommendations. I. Attend City Council meeting(s)to present study recommendations, as required. 2. Evaluate rates for residential and commercial water service taps, meter cost, meter installation cost, fire system taps, rates for sewer service taps, rates for maintenance of service lines, and maintaining back flow preventers and grease traps. 3. Provide the City with the rate model for the Water and Water Reclamation Utilities in an agreed upon electronic format. Provide training for ad-hoc updates. 4. Deliverables a. Council Presentation(s) (as required) • Prepare and present power point presentation to City Council. • Presentation shall provide brief summary of Items A, B and C. • Presentation shall provide implementation timeline. b. Water and Water Reclamation Cost of Service and Rate Study c. Water and Water Reclamation Utility Rate Model Page 4 of 18 d. Final Report All material and models submitted in response to this RFQ becomes the property of the City. Blanket substitution of the proposer's standard contract terms or conditions for the City's proposed Professional Services Contract, terms and conditions will not be permitted. The City of Port Arthur requires comprehensive responses to every section within this RFQ. 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 RFQ 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. It is requested that proposals be limited to no more than SO pages, excluding resumes. 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. A.)EXPERIENCE & PAST PERFORMANCE 1. Number of year providing this service 2. Name previous projects similar this work. Submit Contact information for each project. 3. Submit the experience of the team that will work with the City. 4. Identify and describe the proposed Team's past experience working with municipalities. 5. Identify and describe the proposed Team's past experience working in Port Arthur, TX or surrounding areas. B.)PROJECT APPROACH 1. Provide a detailed work plan for accomplishing the work and services to be provided to the City. Work plan should include, but not be limited to: a. Detailed personnel assignments; b. Detailed description of major deliverables to be provided; c. Sample timeline for the completion of each major task included in the proposal to the extent practicable; d. Provisions allowing for review and approval by the City. C.)QUALITY OF RESPONSE Completeness of the response to this RFQ including submission of all checklist documents. Page 5 of 18 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 qualifications, past performance, project approach, 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: 1. 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: a. Qualifications and experience of the firm and key personnel to be assigned to work with the City particularly as it relates to performing similar engagements for governmental entities. (45 points) b. Technical ability of the firm to perform the needed services, including an evaluation of the engagement plan and proposed staffing as well as, if applicable, a performance evaluation based on any prior work experience with the firm. (40 points) c. Thoroughness of the response as it relates to the Scope of Work requirements and organization of the requested information. (15 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected Vendor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFQ 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 RFqprocess) 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 6 of 18 LETTER OF INTEREST RFQ—Water & Wastewater Rate Study Deadline: March 11, 2020 The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to supply the above referenced services. Enclosed, and by this reference incorporated herein and made a part of this RFQ, are the following: ❖ Completed RFQ Letter of Interest Form ❖ Completed Affidavit ❖ Completed Conflict of Interest Form • Completed Non-Collusion Affidavit ❖ 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 RFQ 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 RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name Date Authorized Signature Title Name(please print) Telephone Email Page 7 of 18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name(please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23.84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 178,Local Government Code.by a vendor who has a business relationship as defined by Section 176.101(1-ay with a local governmental entity and the vendor meets requirements under Section 178.008(a). Ey law this questionnaire must be filed with the records administrator of the local governmental entity not label than the 7th business day after the date the vendor becomes aware of facts that require the statement to be fled. See Section 176 006ta-t).Local Government Code A vendor commits an offense if the vendor knowingly violates Section 175 006 Local Goverment Code Ai- offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously tiled questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer.or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CM as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxaole income other than investment income from the vendor? El Yes n No B Is the vendor receiving or likely to receive taxable income,other than investment income from or at the directior of the local government officer or a family member of the officer AND the taxable income s not received from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director or holds an ownership interest of one percent or more. ▪ riCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described In Section 176.003(a)(2)(81 excluding gifts described in Section 176.003(a-t). 3J 'Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethlcsstele.te us Revised 11/30/2015 Page 9 of 18 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to.that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall tile a conflicts disclosure statement with respect to a vendor it'. (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) has given 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. LeGal Government Code§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,or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,ora 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) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided try Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 18 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: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: Page 11 of 18 House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public Page 12 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned and Representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative Date Page 13 of 18 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. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the 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 Page 14 of 18 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.: Utility Operations, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. 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. Page 15 of 18 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, l X 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. 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. Page 16 of 18 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): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above Page 17 of 18 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. Page 18 of 18