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HomeMy WebLinkAboutPR 22107: APPROVAL OF QUALIFIED ENGINEERS TO PROVIDE CONSULTING ENGINEERING SERVICES FOR ROADWAY PROJECTS City of g?.ttt hur"�� Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 23, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Flozelle C. Roberts, Director of Public Works RE: P. R. No. 22107—Approval of Qualified Engineers to provide Consulting Engineering Services for Roadway Projects Introduction: Council is requested to approve proposed resolution number 22107 for the approval of the ten (10)highest-ranked, qualified engineers to provide consulting engineering services for roadway projects. Background: The City issued a request for qualifications for engineering service for streets and drainage projects on June 17, 2020 with subsequent addenda on July 2, 2020, July 6, 2020, and July 7, 2020. The City received thirteen (13) qualification proposals, which were reviewed and evaluated by City staff based on the criteria listed in the request for qualifications.The evaluation scores were then ranked. The engineering consultants on the approved list will be used for a three-year period in the design of roadway projects. Although ten (10) consultants are pre-qualified, not all may be used in the course of this contract, depending on the department's needs. The awarding of streets will be based on roadway conditions and the consultants' abilities to perform the desired tasks. Budget Impact: There is no budgetary impact to the City's funds for list approval. Recommendation: It is recommended that City Council approve the list of qualified engineers to provide consulting engineering services for roadway projects as detailed in P. R.No. 22107. "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.22107 08/23/2021 FCR Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE TEN (10) PRE-QUALIFIED ENGINEERING FIRMS OVER THE NEXT TWO YEARS TO PROVIDE CONSULTING ENGINEERING SERVICES FOR ROADWAY PROJECTS. WHEREAS, the City of Port Arthur Public Works Department issued a request for qualifications for engineering services for streets and drainage projects on June 17, 2020, with subsequent addenda on July 2, July 6, and July 7, 2020; and, WHEREAS, the City received thirteen(13) qualification proposals; and, WHEREAS, City staff reviewed, evaluated, and scored the qualification proposals based on the criteria listed in the request for qualifications as indicated in Exhibit A; and, WHEREAS, the qualification proposals were ranked based on the total scores received (see Exhibit B); and, WHEREAS, the City recommends prequalifying the ten (10) highest-ranked engineering firms listed in Exhibit C to perform roadway design for a two-year period based on the roadway condition; 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 Council hereby approves the list of ten (10) highest-ranked engineers to provide consulting engineering services for roadway projects; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED, AND APPROVED this the day of , A.D. 2021 at a meeting of the City of Port Arthur, Texas by the following vote: P.R.22107 08/23/2021 FCR Page 2 of 2 AYES: Mayor Councilmembers: Noes: DONALD FRANK,SR. MAYOR PRO TEM ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tize City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Ron Burton Kandy Daniel City Manager Interim Director of Finance 6/444, Flozelle C. Roberts Clift n Williams Director of Public Works Purchasing Manager EXHIBIT A THURMAN BARTIE,MAYOR \\il?l!, RON BURTON CHARLOTTE MOSES,MAYOR PRO TEM city of CITY MANAGER COUNCIL MEMBERS: „,- , /�� — SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY RAYMOND SCOTT JR. Texas THOMAS KINLAW VAL TIZENO HAROLD DOUCET SR. CITY ATTORNEY KAPRINA RICHARDSON FRANK June 17, 2020 REQUEST FOR QUALIFICATIONS ENGINEERING SERVICE FOR STREET &DRAINAGE PROJECTS 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, July 8„ 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, July 8, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P20-049 DELIVERY ADDRESS: Please submit one(1) original 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 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 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 REQUESTS FOR QUALIFICATIONS ENGINEERING SERVICE FOR STREET & DRAINAGE PROJECTS (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: 1. Introduction to Offerors 1 Introduction to Offerors This Request for Qualifications (RFQ) is to receive proposals for a qualified firms to provide Civil Service Engineering for the following 1. Street Projects 2. Drainage Projects The funding sources include but are not limited to: FEMA Public Assistance (PA), FEMA Public Assistance (PA) 406 Mitigation, FEMA Hazard Mitigation Grants Program (HMGP), CDBG — Disaster Recovery (DR), CDBG — Mitigation Program (MIT), Texas Water Development Board — Flood Infrastructure Fund (FIF) , Federal Highway Administration (FHWA), City Funds and any other state and federal funds unidentified at this time. The following items are provided as general information and specifications as required by the City. 1.1 Vendor Instructions Read the document carefully. Follow all instructions. You are responsible for fulfilling all requirements and specifications. Be sure you have a clear understanding of the proposal. General Requirements apply to all advertised requests for proposals; however, these may be superseded, whole or in part, by the Scope of Services, Guidelines and Specifications, Requested Responses and Information, or other data contained herein. Be sure your proposal package is complete. 1.2 Governing Law Offeror is advised that these requirements shall be fully governed by the laws of the State of Texas and that The City 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. 1.3 Ambiguity, Conflict, or other errors in the RFQ If Offeror discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQ, Offeror shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications will be made by issuing Addenda. Written notice will be given to all parties who have been furnished with the RFQ without divulging the source of the request for the same. If the Offeror fails to notify the City prior to the date and time fixed for submission of proposals of an error or ambiguity in the RFQ known to Offeror, or an error or ambiguity that reasonably should have been known to Offeror, then Offeror shall not be entitled to compensation or additional time by reason of the error or ambiguity or its later resolution. The City may also modify the RFQ, no later than 48 hours prior to the date and time fixed for submission of proposals,by issuance of an Addendum to all parties who have received the RFQ. All addenda will be numbered consecutively,beginning with 1. 1.4 Notification of Most Current Address Firms in receipt of this RFP shall notify Clifton Williams, Purchasing Manager, of any address changes, contact person changes, and/or telephone number changes no later than 48 hours prior to the date and time fixed for submission of proposals. 1.5 Proposal Preparation Cost Cost for developing proposals is entirely the responsibility of Offerors and shall not be charged to City. 1.6 Signature of Proposal A transmittal letter, which shall be considered an integral part of the proposal, shall be signed by an individual who is authorized to bind the Offeror contractually. If the Offeror is a corporation, the legal name of the corporation shall be provided together with the signature of the officer or officers authorized to sign on behalf of the corporation. If the Offeror is a partnership, the true name of the firm shall be provided with the signature of the partner or partners authorized to sign. If the Offeror is an individual, that individual shall sign. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney or equivalent document must be submitted to the City Purchasing Department prior to the submission of the proposal or with the proposal. 1.7 Economy of Presentation Proposals shall not contain promotional or display materials, except as they may directly answer in whole or in part questions contained in the RFP. Such exhibits shall be clearly marked with the applicable reference number of the question in the RFP. Proposals must address the technical requirements as specified in the RFP. All questions posed by the RFP must be answered concisely and clearly. Proposals that do not address each criterion may be rejected and not considered. 1.8 Proposal Obligation The contents of the proposal and any clarification thereof submitted by the selected Offeror shall become part of the contractual obligation and incorporated by reference into the ensuing contract. 1.9 Incorporation by Reference and Precedence This Agreement is derived from (1) the RFP, written clarifications to the RFP and City's response to questions; (2) the Contractor's Best and Final Offer, and (3) the Contractor's response to the RFP. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1)Amendments to the Agreement in reverse chronological order; (2) the Agreement,including the Scope of Work;(3)the Contractor's Best and Final Offer; (4)the RFP,including attachments thereto and written responses to questions and written clarifications; and (5) the Contractors response to the RFP. 1.10 Governing Forms In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document,the City's interpretation shall govern. 1.11 Implied Requirements Products and services not specifically mentioned in the RFP,but which are necessary to provide the functional capabilities described by the Offeror, shall be included in the proposal. 1.12 Compliance with RFP Specifications It is intended that this RFP describe the requirements and the response format in sufficient detail to secure comparable proposals. Failure to comply with all provisions of the RFP may result in disqualification. 1.13 Vendor Registration:SAM(System for Award Management) Vendors doing business with City are required to be registered with The System for Award Management (SAM),with an"active" status. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/Federal Regulations, ORCA, and EPLS. There is NO fee to register for this site. Entities may register at no cost directly from the SAM website at: https://www.sam.gov Offerors are strongly encouraged to review their firm's SAM(System for Award Management) status prior to Proposal Submission_ 1.14 Awarded Vendor(s): Submission of FORM 1295 (Texas Ethics Commission) In accordance with House Bill 1295 (passed January 1, 2016), Vendors entering into contracts and professional agreements with City will be required to complete a Certificate of Interested Parties (FORM 1295). In 2017, the Texas legislature amended the law to require Form 1295 to include an "unsworn declaration" which includes, among other things, the date of birth and address of the authorized representative signing the form. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018. The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application. Upon entering into a contract or professional agreement, the City Purchasing Department will submit a request to the Vendor to both: 1. Submit a FORM 1295 online via the Texas Ethics Commission website link below. Vendors must enter the required information on Form 1295, and print a copy of the completed form. The form will include a certification of filing that will contain a unique certification number. 2. Submit a FORM 1295 hard copy (completed & signed by an Authorized Agent of the Awarded Vendor), to the City Purchasing Department. FORM 1295, Completion Instructions, and Login Instructions are available via the Texas Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 1.15 Emergency/Declared Disaster Requirements In the event of an emergency or if City is declared a disaster area, by the City, State, or Federal Government, a contract (executed in response to this Request for Proposal) may be subjected to unusual usage. Contractor shall service the City during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing as specified in the contract shall apply to serving the City's needs regardless of the circumstances. If Contractor is unable to supply the services under the terms of the contract, then Contractor shall provide proof of such disruption and a copy of the invoice from Contractor's supplier(s). Additional profit margin as a result of supplying services during an emergency or declared disaster shall not be permitted. In the event that additional equipment, supplies, and materials are required during the declared disaster, additional shipping, handling and drayage fees may apply. 1.16 Federal Emergency Management Agency(FEMA) Mandated Contract Clauses If applicable to the work and services being performed by CONTRACTOR under the parties' AGREEMENT,the following provisions are adopted and form part of this AGREEMENT: (A)DAMAGES, 2 CFR§200.326 Appendix H to Part 200(A) (1) All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor's breach of its performance obligations, City shall have all rights and remedies against Contractor as provided by law. (B) TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B) Termination for Convenience: Whenever the interests of the City so require, City may terminate the parties' Agreement, in whole or in part, for the convenience of the City. City shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties' agreement are terminated, Contractor has the right to withdraw from the parties' Agreement, without adverse action or claims. In the event of a termination for convenience by City, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The City may, by written notice of default to Contractor,terminate the parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a Notice of Deficiency provided by City. (C)EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix H to Part 200(C)) If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause(41 CFR 60-1.4(b)): (1) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGREEMENTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color,religion, sex, or national origin. (3) CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR'S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. (5) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules,regulations, and orders. (6) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event CONTRACTOR becomes involved in,or is threatened with,litigation with a subcontractor or contractor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK"ACT, 2 CFR §200.326 Appen. II to Part 200(D) If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT: (1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009-2/January 2016); (2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency. If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT: (a) CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this AGREEMENT. (b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix H to Part 200(E) (40 U.S.C. 3701-3708) Contracts in excess of$100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(I) of this section. (3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. (4)The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR §200.326 Appendix II to Part 200(F) If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT and if the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the GOVERNMENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business." G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326 Appendix II to Part 200(G) CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). CONTRACTOR shall include the foregoing requirements in each subcontract exceeding$100,000. H.ENERGY EFFICIENCY AND CONSERVATION, 2 CFR§200.326 Appendix H to Part 200(H) If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201). I.DEBARMENT AND SUSPENSION, 2 CFR§200.326 Appendix II to Part 200(I) (1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.3000. As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). (2) The CONTRACTOR must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR§200.326 Appendix II to Part 200(J) CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose Any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid response, CONTRACTOR must complete and submit the Certification Regarding Lobbying Form. K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 Appendix II to Part 200 (K)and 2 CFR§200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm. L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS(2 CFR§200.321) Should the CONTRACTOR subcontract any of the work under this AGREEMENT, CONTRACTOR shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. M.ACCESS TO RECORDS (1) CONTRACTOR agrees to provide GOVERNMENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents,papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purposes of making audits, examinations, excerpts, and transcriptions. (2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives'access to construction or other work sites pertaining to the work being completed under the contract. N.SEAL,LOGO AND FLAGS CONTRACTOR shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials without specific FEMA preapproval. O. COMPLIANCE WITH FEDERAL LAW,REGULATIONS AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT only. CONTRACTOR will comply will all federal law, regulations, executive orders, FEMA policies, procedures, and directives. P.NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to any matter resulting from the contract. Q.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS CONTRACTOR acknowledges that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements)applies to the CONTRACTOR'S actions pertaining to this contract. 1.17 Evaluation 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 Offeror. This information may be appended to the proposal evaluation process results. Information on a service provider from reliable sources, and not within the service provider's proposal, may also be noted and made part of the evaluation file. City shall have sole responsibility for determining a reliable source. City reserves the right to conduct written and/or oral discussions/interviews after the proposal opening. The purpose of such discussions/interviews is to provide clarification and/or additional information to make an award is in the best interest of City. 1.18 Withdrawal of Proposal The Offeror may withdraw its proposal by submitting a written request over the signature of an authorized individual, as described in paragraph 1.6, to the City any time prior to the submission deadline. The Offeror 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. 1.19 Minority-Women Business Enterprise Participation It is the desire of the City to increase the participation of Minority (MBE) and women-owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. 1.20 Award City reserves the right to award this contract on the basis of the Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, to make award to more than one Offeror, and/or to reject any or all proposals. In the event the highest dollar Offeror meeting specifications is not awarded a contract, the Offeror may appear before City and present evidence concerning his responsibility. 1.21 Ownership of Proposal All proposals become the property of the City and will not be returned to Offerors. 1.22 Disqualification of Offeror Upon signing this proposal document, a contractor offering to sell supplies, materials, services, or equipment to City certifies that the Offeror has not violated the antitrust laws of this state codified in Section 15.01, et seq, Business & Commerce Code,or the Federal Antitrust Laws, and has not communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business. Any or all proposals may be rejected if the City believes that collusion exists among the Offerors. 1.23 Contractual Development The contents of the RFP and the selected proposal will become an integral part of the contract, but may be modified by provisions of the contract as negotiated. Therefore, the Offeror must be amenable to inclusion in a contract of any information provided (in writing) either in response to this RFP or subsequently during the selection process. 1.24 Assignment The selected vendor may not assign, sell, or otherwise transfer this contract without written permission of the City Manager. 1.25 Contract Obligation City Manager must award the contract, and the City Judge or other person authorized by City Commissioners' Court must sign the contract before it becomes binding on City or the Offeror. Department heads are not authorized to sign agreements for City. Binding agreements shall remain in effect until all products and/or services covered by this proposal have been satisfactorily delivered and accepted. 1.26 Termination City reserves the right to terminate the contract for default if the awarded vendor breached any of the terms therein, including warranties of Offeror, or if the Offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies City may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all other requirements to City's satisfaction, and/or to meet all other obligations and requirements. Contracts may be terminated without cause upon thirty(30)days' written notice to either party unless otherwise specified. 1.27 Inspections City reserves the right to inspect any item(s) or service location(s) for compliance with specifications and requirements and needs of the using department. If a proposal cannot furnish a sample of a proposed item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the Offeror as inadequate. Page 14 of 34 1.28 Testing City reserves the right to test equipment, supplies, material and goods proposed for quality, compliance with specifications, and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the offer is subject to rejection. 1.29 Loss, Damage, or Claim The Offeror shall totally indemnify City against all claims by its employees, agents, or representatives or personal injury arising from any cause. In addition, the Offeror shall totally indemnify City against all claims of loss or damage to the Offeror's and City's property, equipment, and/or supplies. 1.30 Taxes The contractor and its subcontractors, agents and employees, as the case may be, will be responsible for the payment of all federal, state and local taxes, and deposits or contributions imposed or required by law. 1.31 Non-Discrimination The successful offeror will be required to comply with the Americans With Disabilities Act and with all provisions of federal, state, City and local (if any) laws and regulations to ensure that no employee or applicant for employment is discriminated against because of race, color, religion, sex, age, handicap or national origin. 1.32 Conflict of Interest The agreement entered into pursuant to this RFP will contain the Contractor's warranty that, except for bona-fide employees or selling agents maintained by the Contractor for the purpose of securing business, no person or selling agency has been employed or retained to solicit this contract upon an agreement or understanding for commission,percentage or contingency. Further, the contractor will warrant that no kickbacks, gratuities, or contingency fees have been paid in connection with this RFP or contract and none has been promised contingent upon the award of contract. And, will still further warrant that to its knowledge and best belief, no one being paid under the agreement between the City and the contractor, is engaged in any activities which would constitute a conflict of interest with respect to the purposes of said agreement. 1.33 Waiver of Subrogation Offeror and Offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against the City as an indirect party to any suit arising out of personal or property damages resulting from the Offeror's performance under this agreement. Page 15 of 34 1.34 Proposal Submissions During Time of Inclement Weather, Disaster, or Emergency In case of inclement weather or any other unforeseen event causing the City to close for business on the date of a bid/proposal/request for statement of qualifications submission deadline, the bid/proposal/request closing will automatically be postponed until the next business day that City offices are open to the public. Should inclement weather conditions or any other unforeseen event cause delays in courier service operations, the City may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the City of their interest in the project should these conditions impact their ability to submit a bid/proposal/statement of qualifications submission before the stated deadline. The City reserves the right to make the final judgement call to extend any deadline. Should an emergency or unanticipated event interrupt normal City processes, and bid/proposal/statement of qualifications submissions cannot be received by the City Purchasing Department's office by the exact time specified in the RFP and urgent City requirements preclude amendment to the RFP, the time specified for receipt of proposal will be deemed to be extended to the same time of day specified in the solicitation on the first business day on which normal City processes resume. Page 16 of 34 REQUEST FOR QUALIFICATIONS ENGINEERING SERVICES FOR THE CITY OF PORT ARTHUR Scope The City of Port Arthur is seeking engineering services for streets and drainage design. The City requires design roadway engineers to design improvements to selected streets in the street program and drainage engineers to improve the overall drainage of the City. Services provided by roadway engineer will be on an as-needed basis. The City will have selected the streets required for design and based on qualifications the City will select up to five (5) of the most qualified engineers to design select streets. For the drainage engineer the services provided will be on an intermittent and on-call basis until a grant has been secured to develop a Master Drainage Plan for the City. The award up to five (5) roadway engineers and the drainage engineer will be completed through city council approval then negotiations of contracts will follow. - Preparation of plans, specifications, estimates (PS&E), reports, and design for various projects including grading, drainage, structural, electrical, sewer, water utilities, and storm drain facilities. - Obtain sub-consultants for other as needed professional engineering services related to geotechnical, environmental processes and surveying. Attend kickoff and other meetings at the City's request and provide as built plans. 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 - Master Drainage Plans (City-Wide) - Parking Lot Design - Grading, Erosion Control, Drainage Plans - Storm Drain Underground Utility Plans - Traffic Control Plans During 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 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. Projects may use local, state or Page 17 of 34 federal funding. For projects using federal funding, in whole or in part, all federal provisions and requirements shall be followed as more fully set forth herein. 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(s) 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. Statements of Qualifications will be reviewed by select City staff members. If a firm(s) 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 City will assign project(s)to any one of the contracted firms as City deems in its best interest. Project scheduling will be based on a task-to-task basis decided by the City and firm. All work shall be performed under the direction of a licensed professional engineer registered with the State of Texas. The selected firm(s) 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. Funding Sources The funding sources include but are not limited to: FEMA Public Assistance (PA), FEMA Public Assistance (PA) 406 Mitigation, FEMA Hazard Mitigation Grants Program (HMGP), CDBG — Disaster Recovery(DR), CDBG — Mitigation Program (MIT), Texas Water Development Board — Flood Infrastructure Fund(FIF) , Federal Highway Administration (FHWA), City Funds and any other state and federal funds unidentified at this time. Page 18 of 34 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 with Drainage Projects - 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 with Drainage Projects — 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. c. Knowledge of City of Port Arthur Drainage System — Include a brief overview of the Firm's knowledge of the four drainage systems. State any knowledge of the current condition of the systems. State any previous experience with the four drainage systems. State any experience with similar size projects in other areas. B. PAST PERFORMANCE 1. Identify and describe the proposed Team's past experience for providing services that are most related to Drainage 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. Page 19 of 34 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. 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. D. MINORITY BUSINESSES Is there a plan to utilize small and minority businesses, women's business enterprises, and labor surplus area firms. Also should include a method of tracking the use of these firms and supply this to the City. Contractors can state what percentage of work will be provided by minority firm. • HUBS are sufficient for local and state projects. • DBEs are preferable for federal projects. Page 20 of 34 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. The City will evaluate all responses based on the qualifications, past performance and project approach. The City reserves the right to negotiate the final fee prior to recommending any Firm 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. Experience (Total) 60 pts a-1. Experience of Firm and Personnel 40 pts • Experience with Drainage systems of this size • Experience with FEMA or federal projects • Knowledge and credentials of the personnel assign to this project • Three Reference of Previous Projects a-2. Knowledge of Port Arthur Drainage System 20 pts • Must show a knowledge of the condition or have experience the four Port Arthur drainage systems b. Project Approach .35 pts c. Minority Businesses ..5 pts Total 100 pts 2. City staff shall recommend the most qualified Engineering firm. 3. When services and fees are agreed upon, the selected firm shall be offered a contract subject to City Council approval. 4. 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. Page 21 of 34 LETTER OF INTEREST RFQ—Engineer for Street& Drainage Projects Deadline: July 8, 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 Civil Engineers for 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 ❖ BUY AMERICA CERTIFICATION ❖ CERTIFICATION REGARDING LOBBYING ❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) ❖ AFFIDAVIT (MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION ❖ MBE DOCUMENT 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 22 of 34 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor]certifies, to the best of his or her knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 23 of 34 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 24 of 34 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 25 of 34 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 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 Section 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 ❑ 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.) 31 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 CIQ 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? 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 relationshipthat 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. J flCheck this box if the vendor has given the local government officer or afamily 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.us✓ DocsfLG/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 Q 176.003(a)(2)(A)and(B): (a)A local government officer shall file 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. 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 11/3012015 Page 27 of 34 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 28 of 34 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 29 of 34 THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES THOMAS J.KINLAW III ,r r t r.t h u tc VAL TREND CHARLOTTE MOSES � CITY ATTORNEY KAPRINA FRANK Texas MBE DOCUMENT By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business (HUB or DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). (printed name of signatory) (signature and date) Page 30 of 34 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/conflictforms 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 31 of 34 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 32 of 34 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 33 of 34 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 34 of 34 City of -CITY OF PORT ARTHUR,TEXAS ort rthuL7""� ADDENDUM NO. ONE (1) Texas July 2, 2020 BID FOR: Engineering Service for Street& Drainage Projects 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. The Buy America Form does not need to be sent in with this RFQ. 2. In the Experience and Past Performance sections of the RFQ it addresses the qualifications for the street side as well as the drainage side. 3. The Committee will do two evaluations using the same criteria for drainage and streets. 4. Contracts can submit one proposal. It doesn't have to be separate proposals for streets and drainage. 5. Must submit the hard copy. Email Clifton.williams(4ortarthurtx.gov to request watching the bid opening on webex. 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. Cliff Williams, CPPB Purchasing Manager Signature of Proposer Date Page 1 of 1 City of -CITY OF PORT ARTHUR,TEXAS - .44 rr� ADDENDUM NO. TWO (2) liP1ur li l4S July 6, 2020 BID FOR: Engineering for Street&Drainage Projects 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. Under Experience Item C should be the following c. Knowledge of City of Port Arthur Drainage System — Include a brief overview of the Firm's knowledge of the City's drainage systems. State any knowledge of the current condition of the systems. State any previous experience with the four drainage systems. State any experience with similar size projects in other areas. 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. a/' Cliff Williams, CPPB Purchasing Manager Signature of Proposer Date Page 1 of 1 cz x -CITY OF PORT ARTHUR,TEXAS City of ii ii r t rt h uc,�y,_ ADDENDUM NO. THREE (3) Texas July 7,2020 BID FOR: Engineering for Street& Drainage Projects 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 Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 15, 2020. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,July 15, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. If proposals have already been submitted and don't require any changes. The City will accept signed addendums emailed. 3. Under Experience Item C should be the following. c. Knowledge of City of Port Arthur Drainage System — Include a brief overview of the Firm's knowledge of the City's drainage systems. State any knowledge of the current condition of the systems. State any previous experience with the City's drainage systems. State any experience with similar size projects in other areas. 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. r ., :„. a)dzi.,:„..., Cliitein Williams, CPPB Purchasing Manager Signature of Proposer Date Page 1 of 1 EXHIBIT B k . L. ) k L. ƒ @ : : : Ce lhai 1.6 . }Cj 0 _ / / @ a- - s.\ 00 ) - � 2 £ ® k E m ® § U = ƒ ¥ / ƒ .P. 4 . A G [ i © 2 Q § \ j c _ ƒ § , � k _ / / \ k % ? , � g _ 0 I - \ « N&• t ;g / ƒ §. e ./ \ . 00 o § Q t k, t § te 0 '§ k § m / j2 ƒ y — E ° 7 * y » 37 a) - . y ; ƒ% ( ) U § \ % - ± 5A j \ \ \ U \ ) 2m }\ & \ / b ] • E _ ƒ y \ % \ 2 -- { \ - ƒ = \ \ \ \ \ o { \ 8 f B \ ,. / % §} 7\ 0 / k 2 o 9 \ $ \ 2 ® ` ° ° ` — » 3 \ \ / c\ \ 2 2 / E 3 . )11/4 I T.0cF....) 4. d = Vd k \ @ R a / 0 $ 2 ad _ d k // \ % R m 7 ƒ j2 � - a § _ 0. = / ( © ® m \ { j § \ Q .§ ` A. @ \2aw ul en \\ j �� § � $ oc■ § — / \ ) ® ,12 } / $% \ \® }O .\/ s § a 2 enA§ § a� J. 0 / Q J k 7Z e § , _ ] •§ / § m / § ƒ \ E kƒ * $ % 2 2 co ,• cu) � � 0 � 0 \ % 2 y ee /t £ Vk =k $ � O � £ p d \ $] % t \ / ( ] \§ / $ « 0 ! g = / ; 2 ` \ & .\ § ; ( \ / a 2 o © 5 ° - Q • 3 « ! 0 § ( ' . Q � & go0 & ■ � .- 1. k � / d � $ Ef� ai � $ O / / -§ ,d � 2 /k } ) / ea k � 2 - x © 0 •o � k� k2 � § / & ; / r2 ; & as ] § a ■ \ \ c0 EXHIBIT C City of e)rr rthur 'r_ Texas City of Port Arthur Engineering Services for Streets Projects Rankings P20-049 Ranking Firm 1 AWV 2 Freese & Nichols 3 S & R Consulting Group 4 Schaumburg & Polk 5 Fittz & Shipman 6 EHRA 7 Stuart Consulting Group 8 J Morels, Inc. 9 TLC Engineering 10 Soutex Surveyors & Engineers 11 Paredes-Garcia & Associates, Inc. 12 H & P Engineering 13 5Engineering