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HomeMy WebLinkAboutPR 21374: WILLDAN FINANCIAL SERVICES CONTRACT Hit rrhnr li•.eus www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 30, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Donald Stanton, Interim Director of Utilities RE: Proposed Resolution No. 21374—Willdan Financial Services Contract Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to enter into a contract with Willdan Financial Services, of Plano, Texas for services related to the 2020 Water and Sewer Rate Study. Per Resolution 20-107, Council approved the negotiation of a contract with Willdan Financial Services for a Water & Sewer Rate Study, and Willdan Financial Services has submitted a quote of$56,460.00 for the 2020 water and sewer rate study. 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 is $56,460.00, and funding is provided for in Account Number 410-1251- 532.54-00, Professional Services. Recommendation: It is recommended that City Council approve the City Manager to enter into 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 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R.No. 21374 04/30/2020 bw Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND WILLDAN FINANCIAL SERVICES OF PLANO, TEXAS FOR THE 2020 WATER AND SEWER RATE STUDY FOR AN ESTIMATED BUDGETARY IMPACT OF $56,460.00; FUNDING IS PROVIDED FOR IN ACCOUNT NUMBER 410-1251-532-54.00, PROFESSIONAL SERVICES. WHEREAS, per Resolution 20-107, Council approved the negotiation of a contract with Willdan Financial Services for a Water& Sewer Rate Study; and, WHEREAS, Willdan Financial Services has submitted a letter agreement with a quote of $56,460.00 for the 2020 water and sewer rate study (Exhibit A); and, WHEREAS, funding is available in account number 410-1251-532.54-00, Professional Services; 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 enter into 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 enter into a contract on behalf of the City of Port Arthur with Willdan Financial Services of Plano, Texas for a water and sewer rate study for an estimated budgetary impact of$56,460.00; and, THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. P. R. No.21374 04/30/2020 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: AtA--t3 Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Donald Stanton Interim Director of Utilities p Kandy Dani Clifton illiams, CPPB Interim Director of Finance Purchasing Manager Exhibit A WI LLDAN April 20 2020 Mr. Donnie Stanton Interim Director of Utilities City of Port Arthur 444 4'h St. Port Arthur, Texas 77642 Re: Letter Agreement to Provide Water/Wastewater Rate Study and Financial Plan Dear Mr. Stanton: Willdan Financial Services ("Willdan") is pleased to present the following engagement letter budget to assist the City of Port Arthur in providing a water and wastewater long-term financial plan and rate study. We are an economic and financial consulting firm, with offices in Plano, Texas and throughout the United States. Our principal clients are national, state and local governments. Our firm contains professionals with decades of experience in water and wastewater utility operations and economic/financial management. We want to ensure that our scope of services is responsive to the City's needs. We will work with the City to tailor our proposed scope based on input prior to approval of this letter agreement, and as needed during the course of the project. Task 1: Water and Wastewater Rate Study Description: We will provide the analysis and deliverables for a water and wastewater rate study and long- term financial plan as outlined in our March 2020 proposal to the City of Port Arthur. Presented on the following page is an estimate of total hours, professional fees and expenses for this engagement. The exhibit shows that our total costs for the deliverables in our proposal will be$47,460. Task 2: Water Non-Rate Fee Review Description: We will provide the analysis and deliverables for a water non-rate fee review for the City, also as outlined in our March 2020 proposal. This includes residential and commercial taps, rates for service line maintenance, grease traps and various other non-rate revenue sources. This will be a separate chapter of the rate study and we will prepare these deliverables for additional fees of$9,000. Task 3: Meetings Description: The project team will conduct the following meetings: a) One meeting with City staff to discuss data requirements and project objectives b) One meeting with City staff to review preliminary results c) One workshop with the City Council to discuss our findings and recommendations d) One final Council meeting at which the preferred rate plan is to be decided upon by the Council. Willdan Financial Services Page A-1 City of Port Arthur Note: • Telephone conference calls are not considered meetings and are not limited by our proposal. ■ Additional services, including attending additional meetings, may be authorized by the City and will require an additional fee. City of Port Arthur Water and Wastewater Rate Stud Proposed Project Team Hours and Professional Fees D.Jackson D.Lanning T.Hollis Project Financial Project Manager Analyst Analyst 1 Total $210 $175 $175 Hours Scope of Services Task I-Project Kick-off,Data Acquisition&Assessment 4.0 8.0 16.0 28.0 Task II-Demographic Analysis 4.0 4.0 12.0� 20.0 Task Ill-Determine Revenue Requirements 4.0 10.0 12.0 26.0 Task IV-Determine User Characteristics&Customer Classes 2.0 10.0 12.0 I 24.0 Task V-Cost Functionallzatlon,Classification,&Allocation 2.0 10.0 12.0 24.0 Task VI-Alternative Rate Designs 8.0 16.0 12.0 36.0 Task VII-Prepare&Present Draft&Final Reports,Staff Traiing 8.0 16.0 12.0 36.0 Task VIII-Public Involvement 16.0 10.0 12.0 38.0 Task IX-Project Management&Quality Control 8.0 - - 8.0 Subtotal Hours 56.0 84.0 100.0 240.0 Task I-Project Kick-off,Data Acquisition&Assessment 840 1,400 2,800 5,040 Task II-Demographic Analysis 840 700 2,100 3,640 Task ill-Determine Revenue Requirements 840 1,750 2,100 4,690 Task IV-Determine User Characteristics&Customer Classes 420 1,750 2,100 4,270 Task V-Cost Functionalization,Classification,&Allocation 420 1,750 2,100 4,270 Task VI-Alternative Rate Designs 1,680 2,800 2,100 6,580 Task VII-Prepare&Present Draft&Final Reports,Staff Traiing 1,680 2,800 2,100 1 6,580 Task VIII-Public Involvement 3,360 1,750 2,100 7,210 Task IX-Project Management&Quality Control 1,680 - - 1,680 Subtotal Professional Fees 11,760 14,700 17,500 43,960 Travel and Production Expenses $ 3,500 Total Cost 1 47,460 Non-Rate Fee Review $ 9,000 Official Fees and Expenses 56,460 Additional Services Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.Our current hourly rates are: Willdan Financial Services Group Manager $250 Managing Principal $240 Principal Consultant $210 Senior Project Manager $175 Project Manager $165 Senior Project Analyst $135 Senior Analyst $125 Analyst $110 Analyst Assistant $100 Authorization If the terms of this engagement are acceptable, please sign where indicated and email this letter back to our contracts supervisor: Ms. Joanie Reynolds Willdan Financial Services 27368 Via Industria, Suite 200 Temecula, California 92590 Ph. (800) 755-6864; fax (951) 587-3510 E-mail:jreynolds@willdan.com We appreciate this opportunity to serve the City of Port Arthur. If you have any questions regarding the proposed services, please contact me directly at(972) 378-6588 or via email at djackson@willdan.com. Sincerely, Willdan Financial Services April 20 2020 Dan V. Jackson, Vice President Date City of Port Arthur Signature Date Print Name ATTACHMENT 1 TO LETTER AGREEMENT TERMS AND CONDITIONS The Letter Agreement between the City of Port Arthur ("Client") and Willdan Financial Services ("WFS") is subject to these Terms and Conditions(collectively, this"Agreement"). 1. Additional Services. Additional services shall be performed by WFS only upon Client's request evidenced by a written addendum executed by both parties. 2. Compensation. WFS shall submit monthly statements for services. Payments shall be due and payable within 30 days of invoice and if not timely paid shall bear interest at the rate of 1.5% per month. 3. Termination. Either party may terminate this Agreement at any time upon 30 days' written notice. In the event of early termination, WFS shall be paid for services performed prior to the effective date of termination. 4. Data Provided by Client. WFS shall rely upon data provided by Client without independent verification of accuracy. WFS shall not be responsible for any errors resulting from its use of inaccurate data provided by Client. 5. Indemnification. Each Party shall indemnify the other from claims resulting from their respective negligence or other wrongful conduct or the negligence or other wrongful conduct of their respective officers, agents or employees. 6. Insurance. WFS shall maintain the following insurance: a. Workers' Compensation and Employer's Liability Insurance as prescribed by applicable law. b. Commercial General Liability Insurance, with limits not be less than $1,000,000 per occurrence and general aggregate. c. Commercial Automobile Liability with limits not less than $1,000,000 per occurrence. d. Professional Liability with limits not be less than $1,000,000 per claim and annual aggregate. e. All policies except Professional Liability and Workers Compensation shall include Client as an additional insured and be primary with respect to any insurance carried by WFS. All policies shall include a waiver of subrogation in favor of Client. f. WFS shall provide Client with certificates of insurance evidencing compliance with the above insurance requirements prior to commencing it services. 7. Miscellaneous. a. Titles used in this Agreement are for general reference and are not a part of the Agreement. b. This Agreement shall be interpreted as though prepared by both parties. c. Any provision of this Agreement held to violate any law shall be deemed void, and all remaining provisions shall continue in full force and effect. �b. 4 d. This Agreement shall be interpreted under the laws of the State • - I: `N"" I e. This Agreement comprises a final and complete repository of the understandings between the parties and supersedes all prior or contemporary communications, representations or agreements, whether oral or written, relating to the subject matter of this Agreement. f. Any notices given pursuant to this agreement shall be effective on the third business day after posting by first class mail, postage prepaid, to the address appearing immediately after the signatures below. g. WFS shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing or environmental impact reports. h. WFS's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any subsequent breach of any other term, condition or covenant. i. WFS shall not responsible for the performance of services by third parties not retained by WFS. r t City of CITY OF PORT ARTHUR,TEXAS i1 u rl rl Jr[t ADDENDUM NO. ONE (1) Tia May 3, 2019 Quotes For: License Plate Reader for Pleasure Island 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 t C;,,, X\ CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. TWO (2) t.:ru May 15, 2019 Quotes For: License Plate Reader for Pleasure Island 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. Unknown if fiber connection 2. The internet speed is Spectrum Business Internet Pro 100 mbps. 3. Server location should be Pleasure Island Commission. 4. Cellular tower is owned by City and can be a high spot. 5. Pleasure Island is not connected through VPN, and a couple of computers are connected to the City through Net Extender. 6. Solar Power is suggested but the City will accept a better option. 7. City will accept a cloud based solution. 8. Pleasure is suggesting seven cameras at the following intersections Two at North Levee Road Two at South Levee Road One at T. B. Ellison and Pleasure Pier Blvd. One at T. B. Ellison and Mainer's Cove. One at Lakefront Park and T. B. Ellison 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. / '714 .� . Clift.' Williams, CPPB Purchasing Manager Signature of Proposer Date DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER 47 hi) COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR n r t r t lr u� CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK April 15,2019 REQUEST FOR PROPOSAL LICENSE PLATE READERS FOR PLEASURE ISLAND 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 3:15 p.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: P19-056 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 wrttin:r 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' Port Arthur,Texas 776411 409.983.8160 1 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 19 REQUESTS FOR PROPOSALS LICENSE PLATE READERS FOR PLEASURE ISLAND (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid,we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for License Plate Readers on Tuesday, April 30, 2019 at 2:00 p.m. at the Please Island Commission Office located at 520 Pleasure Pier Blvd, 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. Page 4 of 19 REQUEST FOR PROPOSAL LICENSE PLATE READERS FOR PLEASURE ISLAND Pleasure has had issues with crime, so we are requesting proposals to read license plates of vehicles entering the area to assist Police with security. Pleasure Island is looking for the following to be addressed in the proposals 1. Seven areas with have a camera. 2. Like camera to be solar powers. 3. Must be able to zoom in and read license plates of vehicles passing by. 4. Must be able to read license plates at night. 5. Pleasure Island must be able to access pictures from office. 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. 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, how the camera will be set up, etc). 3. Submit pricing. 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. Page 5 of 19 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. Capabilities of the Proposed System&Equipment. (30 points) 2. Project Approach. (20 points) 3. Warranty&Maintenance. (15 points) 4. Pricing(25 points) 5. Experience (10 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. 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 6 of 19 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 7 of 19 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.: Pleasure Island,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 8 of 19 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 9 of 19 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 10 of 19 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. Page 11 of 19 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 12 of 19 APPENDIX A LETTER OF INTEREST RFP— License Plate Reader for Pleasure Island Deadline: May 8,2019 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 Access Control System for the City of Port Arthur,TX. 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. Firm Name Date Address City/State/Zip Authorized Signature Title Name(please print) Telephone Email Page 13 of 19 APPENDIX B 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: Title: Company: Date: SUBSCRIBED and sworn to before me by the above named on this the day of , 20 Notary Public in and for the State of Texas My commission expires: Page 14 of 19 APPENDIX C 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 Address City/State/Zip 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 PROPOSAL Page 15 of 19 r APPENDIX D 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 Log.,Regular Session. OFFICE USE ONLY This questionnaire is being filed In accordance with Chapter 176,Local Goverment Code.by a vendor who Date Received has a business relationship as defined by Section 176.001(1•x)with a local governmental entity and the vendor meets requirements under Section 176.008(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than die 7th business day after the date die vendor becomes aware of facts that require die statement to be filed. See Section 178.006(x•1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 170.006,Local Goverment Code An offense under this section is a misdemeanor_ Name of vendor who has a business relationship with local governmental entity. J El Chock this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was Incomplete or Inaccurate.) 2-1 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 I76.003(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 GO 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? Q Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received horn the local governmental entity? n Yes n No Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a con poration 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 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B),excluding gitts descrbed in Section 176.003(a•1). Signature of vendor doing business with the governmental entity .t., Form provided by Texas Ethics Commission www ethics state tar,.a Revised 11/30/2015 Page 16 of 19 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 6176.001(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 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 govern mental entity and vendor has been executed; a (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. Local Government Code 4176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire it 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,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) 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 by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30.-2015 Page 17 of 19 APPENDIX E House Bill 89 Verification I, (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 18 of 19 r APPENDIX F 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 19 of 19