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HomeMy WebLinkAboutPR 21643: CONTRACT WITH SCS ENGINEERS FOR ENGINEERING SERIVCES _____ 4 er City of V�+. ,_,. ,i, t rinur Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 20, 2020 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefano, P.E., Public Works Director RE: P.R. 21643 —Authorizing the City Manager to negotiate a contract with SCS Engineers for Engineering Services for the City of Port Arthur Landfill Introduction: The intent of this Agenda is for the City Council to authorize the City Manager to negotiate a contract with SCS Engineers of Houston, Texas for Engineering Services for the City of Port Arthur Landfill. Background: The City of Port Arthur Landfill will require significant improvements to accommodate a future client. The City of Port Arthur requested qualified engineers to send their qualifications to the City. The City evaluated the six (6) qualified engineers and SCS Engineers was deemed the most qualified to assist the city to improve the landfill. Budget Impact: Funds are available in Landfill Professional Services, Account number 403-1274-533.54-00 Recommendation: Approval of P. R. No. 21643 authorizing the City Manager to negotiate a contract with SCS Engineers for Engineering Services for the City of Port Arthur Landfill. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street >< Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. No . 21643 10-20-20 ace RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH SCS ENGINEERS OF HOUSTON, TEXAS FOR ENGINEERING SERVICES FOR THE CITY OF PORT ARTHUR LANDFILL . WHEREAS, The City of Port Arthur Landfill requires significant improvements to accommodate a future client; and, WHEREAS, the City advertised for a Request for Qualifications (RFQ) for Engineering Services at the Landfill on August 14 , 2020 and August 21, 2020; and, WHEREAS, the City received six (6) firms; and, WHEREAS , the City staff has reviewed such statements and scoring, each using the published Evaluation Criteria, as delineated in Exhibit "A"; and, WHEREAS, the City staff finds that SCS Engineers of Houston, Texas has the highest rating in their evaluation for Engineering Services at the landfill, as delineated in Exhibit "B", and recommends SCS Engineers to perform the engineering services for the landfill; and, WHEREAS, the City Council of the City of Port Arthur finds it to be in the interest of the citizens of Port Arthur to negotiate a contract with SCS Engineers; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is authorized to negotiate a contract with SCS Engineers on behalf of the City of Port Arthur for the Engineering Services for the Landfill being subject to final approval by the City Council . Section 3. That a copy of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A. D. , 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: Sherri Bellard City Secretary APP-OVED AS TO FORM: b-ekay al Tiz•-no City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Alberto Elefano, PE Director of Public Works APPROVED AS TO AVALIABILITY OF FUNDS: \- .0\---NO E) CA_A_,,----(;) / / // , i? Z4.4.14„ Kandy Danls Clifton Williams, CPPB Interim Fi ance Director Purchasing Manager Exhibit A CITY OF PORT ARTHUR TEXAS Bid Tabulation Request for Qualifications Engineering Service for Landfill Opening: September 2, 2020 Bid Location: City Hall, 5th floor Council Chamber P20-065 Firm Name Location Civil&Environmental Consultants,Inc. Houston,TX Golden Triangle Consulting Engineers Port Arthur,TX J.Morales,Inc. Pasadena,TX SCS Engineers Houston,TX Soutex Surveyors&Engineers Port Arthur, TX Tetra Tech Houston,TX Yo4vi SCrioh Gortalearix 9/3/2020 Yolanda Scypio Goudeaux,Purchasing Assistant Date THURMAN BARTIE,MAYOR RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of =` CITY MANAGER COUNCIL MEMBERS: n r r It a SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY RAYMOND SCOTT JR. Texas THOMAS KINLAW VAL TIZENO HAROLD DOUCET SR. CITY ATTORNEY KAPRINA RICHARDSON FRANK August 17, 2020 REQUEST FOR QUALIFICATIONS ENGINEERING SERVICES AT LANDFILL DEADLINE: Sealed qualification submittals must be received and time stamped by 3:00p.m., Central DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, September 2, 2020. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, September 2, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P20-65 DELIVERY ADDRESS: Please submit one (1) orilzinal and three (3) exact duplicate copies of your RFO 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 Oualifications 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 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting qualifications for the enclosed referenced services for the City of Port Arthur. Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications 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 RFQ 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 accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 19 REQUESTS FOR QUALIFICATIONS ENGINEERING SERVICES AT LANDFILL (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 REQUEST FOR QUALIFICATIONS LANDFILL SERVICES FOR THE CITY OF PORT ARTHUR Scope The City of Port Arthur is seeking landfill services to maximize the City's Landfill Operation at 4732 Highway 73. The City will require a plan to accommodate an additional 600 dump trucks a day to the regular operation at the Landfill. The additional dump trucks will be delivering saturated clay to the Landfill which will be required to be stock piled at a designated area in the Landfill. Coordination with the client, landfill staff and Texas Commission of Environmental Quality(TCEQ) and Texas Department of Transportation (TxDOT)will be required to develop a plan of delivery, quantity control, stock piling, usage of the dirt and to follow landfill regulations and permit guidelines. The City will also require a design to provide non-potable water to the landfill for vehicle wash-out of the dump trucks and water and sewer utility for the Landfill building(personnel). The City will select the Firm or Individual based on the most qualified to provide the services required. The award for Landfill Services will be completed through city council approval then negotiations of contracts will follow. - Preparation of plans, specifications, estimates(PS&E),reports, and design for traffic control,road improvements, drainage, sewer,water utilities will be required. - Obtain sub-consultants for other as needed professional services related to geotechnical, environmental processes and surveying. Attend kickoff and other meetings at the City's request. The following are typical design items that the City may request(The statement of Qualifications shall explain the firm's abilities and qualifications with each of these items): Street and Road Improvements Parking Lot Design Grading, Erosion Control, Drainage Plans Storm Drain Underground Utility Plans Traffic Control Plans During Construction and Post Construction, including Detours - Hydrology and Hydraulics Analysis - Best Management Practices (BMPs) - Stormwater Pollution Prevention Plans(SWPPP) - Quantity and Cost Estimates - Geotechnical Investigations - Post Construction Services (as-builts) Environmental Assessments Surveying - Easement Maps Permitting - Constructability Review Grants for Landfill (If applicable) - Recommendation for possible water well on site - Recommendation for Landfill Fees Page 4 of 19 Leachate Collection Above Ground Storage Tanks and Mechanical Integrity Testing(MIT) The scope may also include other engineering services to assist the City. All work shall be in accordance with local, state and federal laws,rules and regulations as applicable. All plans, specifications, designs, and graphics prepared under the terms of the Agreement with the City shall be delivered to the City and shall become property of the City. Other work not required by the City, such as notes, sketches, charts, computations, and other data shall be available upon request to the City without restrictions or limitations. The contract will be awarded on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. There may be interviews for the top firms or individual. Statements of Qualifications will be reviewed by select City staff members. If a firm or individual wishes to use sub-consultants not specified in its Statement of Qualifications,prior written approval must be received from the City.The City may provide the approval after review of the proposal(s)required for the project. Sub-consultants may be used for work such as geotechnical investigations, surveying, environmental assessments, or other specialty type task. Assignment of Work The selected firm or individual shall provide a scope of work and budget within seventy-two(72)hours of the request by the City unless otherwise directed by the City. When services are being requested,the City will request additional information, including project understanding, fee rates for the completion of the tasks, proposed methods, hours to be spent on tasks, and a schedule including the time needed to complete the tasks. Failure to submit the requested information by the prescribed time or inability to agree to the terms established by the City may cause the firm to be rejected and another firm assigned the project. Page 5 of 19 The City of Port Arthur requires comprehensive responses to every section within this RFQ. To facilitate the review of the responses, Firms shall follow the described qualification format. The intent of the qualification 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. It is requested that qualification packets be limited to no more than 50 pages, excluding resumes. A. EXPERIENCE 1. Provide a profile of experience for the Engineer and all members of the firm. This section shall include,but not be limited to, the following: a. Experience of team - number of years in field, number of Registered (Texas) Engineers in firm. Include a brief description of responsibilities and summary resumes of key professional personnel. Include any specialty certification,which demonstrates special qualification. State any federal projects. Indicate any additional personnel your firm would anticipate needing to hire, as required,to take on the work for which this response is requested. b. Experience of firm - number of years in existence and number of employees. Include a brief overview of the accomplishments of the firm. Included the number of federal procurement jobs and duties. Provide office location where each phase of this work will be accomplished. Include names, titles, work addresses, and work telephone numbers of the responsible corporate officer(s) in the proposed office location. B. PAST PERFORMANCE 1. Identify and describe the proposed Team's past experience for providing services that are most related to this projects within the past ten (10) years. For each project, provide the following information. a. Project name,location,and description b. Initial project and projected time for completion c. Final project cost and time for completion d. The Engineer's name and representative who served as the day-to-day liaison during each phase of the project(include telephone number) 2. Identify and describe the proposed Team's past experience on drainage projects 3. Identify and describe the proposed Team's past experience working with municipalities on federal projects. 4. Identify and describe the proposed Team's past experience working in Port Arthur or surrounding areas. C. PROJECT APPROACH 1. Provide a brief description of the firm's plan for accomplishing the work and services to be provided to the City including,but not limited to: a. Bar schedule of activities for the entire project b. Technical approach to each phase of work. Page 6 of 19 c. Indicate which team member will participate in each area of the work for both the lead firm and any sub-contractors. 2. Briefly describe the firm's approach to anticipating,recognizing and controlling safety risks. 3. Provide any other details regarding special services,products, advantages or other benefits offered to the Owner by your firm. 4. Describe your plan for communicating constructability, phasing, value engineering, and other issues requiring decision-making by the Owner. 5. Describe any other projects your company will be involved in during this 2 year time period. D. LOCAL KNOWLEDGE 1. Knowledge of City of Port Arthur — Include a brief overview of the Firm's knowledge of the City of Port Arthur. State any knowledge of the current condition of the following. State any previous experience with the City. State any experience with similar size projects in other areas. a. Infrastructure b. City Codes,Policies, &Ordinances. c. Environment d. Landfill e. Any other relevant information Page 7 of 19 SELECTION PROCESS All applications will be screened by an evaluation committee and those applicants selected for a short list may be invited to attend an interview, at the applicants own expense. The City shall not incur any costs for applicant preparation and/or submittal of qualifications. 30%- Work Plan/Approach 25%- Experience/Qualifications/TCEQ regulations 20%- Local knowledge(Availability) 10%- Project Administration (Record keeping/Cost estimate/control) 10%- Volume of Work/ Schedule of Project 5%- References Page 8 of 19 LETTER OF INTEREST RFQ—Engineer for Landfill Deadline: September 2,2020 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) for Engineer for Landfill at the City of Port Arthur Enclosed,and by this reference incorporated herein and made a part of this RFP, are the following: ❖ COMPLETED RFQ LETTER OF INTEREST FORM •:• NON-COLLUSION AFFIDAVIT(MUST BE NOTARIZED) ❖ AFFIDAVIT (MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST :• HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION 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 Address City/State/Zip Email Page 9 of 19 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 10 of 19 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 11 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received 11 has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Secton 176.006, Local Government Code.An offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. J �n l 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) I Name of local government officer about whom the information is being disclosed. Name of Officer n] 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 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? n Yes n No B. Is the vendor receiving or likely to receive taxable income;other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more. TiCheck 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 gifts described in Section 176 003(a-1) Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!30!2015 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.usi 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 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) 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§176.006(a)and(a-1) (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.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 1130!2015 Page 13 of 19 SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned an 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 14 of 19 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 15 of 19 GENERAL INFORMATION: 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. 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. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, 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, Chapter 2251 of Texas Government Code, as amended. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. Page 16 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. 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 ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Page 17 of 19 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, Page 18 of 19 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 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. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 19 of 19 Exhibit B ] ( Fat { § m G \ 3 2 / aa CD } \ 1.4 0, coN CI] -.= = N. N- co co U ( 0 / 2 R I § — 2 r , _ rn § k ( - \ g q & q m - m \ 6 0 a l \ 2 2 / \ 2 \ 2 - ƒ © \ \ Qk % § \ } 2 & 0 = a k - - r _ C )�Q V \ 0.0 g § E z K = E \ / c r EN Cr) = — 7 2\ \ % \ k.w z 0 U ; ] . . 0 Itbc - f 0 4. o ea �/ ) X D 7 j q 2 : / § j { § . . - 17 \ \ f 7 2 \ ! $ § ! a � � 2 t) U \ ) / { \ \ 5e '.- 47:3 §« E .� § § \ 2 } $ fc j of } � \ \