HomeMy WebLinkAboutPR 22129: RECONSIDERING PR 22103 WITH FREESE & NICHOLS, INC. (REQUESTED BY MAYOR PRO TEM FRANK) P. R. No.22129
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RESOLUTION NO.
A RESOLUTION RECONSIDERING PROPOSED RESOLUTION NO.
22103, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
CONTRACT WITH FREESE & NICHOLS, INC. OF PEARLAND,
TEXAS, FOR THE CONSTRUCTION PHASE SERVICES OF THE MAIN
WASTEWATER TREATMENT PLANT REHABILITATION PROJECT
LOCATED AT 6300 PROCTER STREET EXTENSION (REQUESTED BY
MAYOR PRO TEM FRANK).
WHEREAS, on August 31, 2021, the City Council considered Proposed Resolution
No. 22103, authorizing the City Manager to negotiate a contract for the Construction Phase
Services for the MWTP Rehabilitation Project. A majority of the City Council voted to deny the
resolution; and
WHEREAS, pursuant to Section 2-31(g) of the Code of Ordinances, reconsideration of
an agenda item takes place upon a request to bring back for further consideration a matter
previously decided by the City Council; and
WHEREAS, the matter can be brought back for reconsideration if requested by a
member of the prevailing side; and
WHEREAS, Mayor Pro Tem Donald Frank, who was a member of the prevailing side,
has requested that the City Council reconsider the item; and
WHEREAS, pursuant to Resolution No. 13-043, the City executed a contract with
Arceneaux & Gates for professional services related to the preparation of Project Information
Forms (PIFs) on behalf of the City for the purpose of submitting projects for the Texas Water
Development Board (TWDB) 2014 Intended Use Plan (IUP), more specifically the rehabilitation
of the Main Wastewater Treatment Plant (MWTP), located at 6300 Procter Street Extension for
$48,700.00; and
P. R. No. 22129
9/3/2021 vrt
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WHEREAS, pursuant to Resolution Nos. 14-507 and 15-056, Council authorized the
City Manager to negotiate and execute a contract with Freese and Nichols, Inc. for the Planning,
Acquisition and Design Phase Services of the MWTP Rehabilitation Project for $6,282,200.00;
and
WHEREAS, on July 6, 2021, the City submitted Request for Qualifications (RFQ) for
the Construction Phase Services for the MWTP Rehabilitation Project and received five (5)
sealed bid proposals on July 28, 2021; and
WHEREAS, after careful review and evaluation of each proposal in conformity with the
requirements of the Texas Local Government Code, Freese &Nichols, Inc. was selected, through
the RFQ's competitively scored process, as the highest qualified bidder for the Construction
Phase Services of the Rehabilitation Project, as delineated in Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinion in the preamble are true and correct; and
THAT, the City Manager is hereby authorized and directed to negotiate, on behalf of the
City of Port Arthur, a contract with Freese & Nichols, Inc. of Pearland, Texas, for providing
Construction Phase Services to the Main Wastewater Treatment Plant Rehabilitation Project; and
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
P. R. No. 22129
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READ, ADOPTED, AND APPROVED, this day of September, 2021, AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES:
Mayor:
Councilmembers:
NOES:
Mayor Pro Tem Donald Frank, Sr.
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
ef/7
Valecia Tizenty orney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
Donald Stanton, Interim Director of Utilities
P. R. No. 22129
9/3/2021 vrt
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APPROVED AS TO FUND AVAILABILITY:
Kandy Daniel, Interim Director of Finance
Clifton Williams, Purchasing Manager
EXHIBIT "A"
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CITY OF PORT ARTHUR TEXAS
Bid Tabulation
Request for Qualifications
Construction Phase Services for Main Wastewater
Treatment Plant Improvements Project
Opening: July 28, 2021
Bid Location: City Hall, 5th floor Council Chamber
P21-056
Firm Name Location
Fittz& Shipman, Inc. Beaumont, TX /Port Arthur, TX
KIT Professionals, Inc Houston,TX
Ardurra Houston, TX
Garver Houston, TX
Stuart Consulting Group Houston, TX
Freese & Nichols Pearland, TX
YoCoda Sc p'on—Gotdeaw 712R171
Yolanda Scypio Goudeaux, Purchasing Assistant Date
-
THURMAN BILL BARTIE,MAYOR _` , ., , `- RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
INGRID HOLMES _ CITY SECRETARY
CAL JONES n r t r t It rr r
THOMAS KINLAW Ht VAL TREND
KENN.ETH MARKS ' Tevas CITY ATTORNEY
CHARLOTTE MOSES
July 6, 2021
REQUEST FOR QUALIFICATIONS
CONSTRUCTION PHASE SERVICES FOR
MAIN WASTEWATER TREATMENT PLANT IMPROVEMENTS
PROJECT
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00 p.m.,Central
Standard Time on July 28, 2021. (The clock located in the City Secretary's office will be the
official time.) All proposals received will be read aloud at 3:15p.m. on July 28, 2021 in the City
Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to
avoid public disclosure of contents; however,only the names of proposers will be read aloud.
MARK ENVELOPE: P21-056
DELIVERY ADDRESS: Please submit one (11 original and three (3) exact duplicate conies,
And USB of your Statement of Qualifications to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Request for Oualifications should be directed in ►rritiou 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 1089(444 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
are for your convenience in submitting qualifications for the enclosed referenced services for the
City of Port Arthur.
Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall
be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of
the envelope.
ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ
submittal arrives at the above location by specified deadline regardless of delivery method chosen
by the firm. Faxed or electronically transmitted RFO submittals will not be accepted.
C nL !,tidgel,41r,-
Cliftoon Williams, CPPB
Purchasing Manager
Page 2 of 20
REQUESTS FOR QUALIFICATIONS
CONSTRUCTION PHASE SERVICES FOR
MAIN WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT
(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 20
SPECIFICATIONS FOR CONSTRUCTION PHASE SERVICES FOR MAIN
WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT
Scope of Work:
The City of Port Arthur is seeking a consultant for construction phase and start-up services that
apply to the Main Wastewater Treatment Plant Improvements. To address aging infrastructure and
improve regulatory performance, the City of Port Arthur (CITY) desires to construct major
improvements to the Main Wastewater Treatment Plant (MWWTP). Major improvements include
new structures such as headworks, primary clarifiers, flow control and meter vaults, flow splitter
box,trickling filter effluent lift station;and rehabilitation of existing structures such as Main Outfall
lift station, final clarifiers, chemical feed systems, aerobic digesters, solid dewatering system, and
plant drain lift station. This project will not add capacity at this time and the plant will remain rated
for its current permitted capacity of 9 MGD(45 MGD Peak 2-Hour).
The project will be funded through the Texas Water Development Board (TWDB) Clean Water
State Revolving Fund (CWSRF), which includes EPA-approved fair share goals towards
procurement of Minority and Women-owned Business Enterprise (M/WBE) business. EPA rules
require that the applicants make a good faith effort to award a share of contracts, subcontracts, and
procurements to M/WBEs through demonstration of the six affirmative steps. For more details on
the DBE Program and the current,applicable fair share goals,please visit www.twdb.texas.gov/dbe.
The City already has a separate contract for the design and bid phase services that is currently being
administered under prior a Texas Water Development Board loan.
Services will include but not limited to the following items:
• Attend pre-construction conferences
• Establish communication procedures
• Establish and maintain a project documentation system
• Review and respond to contractor submittals
• Review payment requests
• Conduct routine visits to the construction site
• Provide the services of a Resident Project Representative
• Notify the contractor of non-conforming work
• Coordinate the work of testing laboratories and inspection bureaus
• Interpret drawings and specifications for City and Contractor
• Establish procedures for administering constructive change to the contract
• Attend final reviews of the project
• Provide record drawings
• Attend facility startup planning meetings
• Attend end-of-warranty period inspections
• Provide an updated Operations and Maintenance manual (hard copy and electronic copy)
• Other
Page 4 of 20
The City of Port Arthur requires comprehensive responses to every section within this RFQ.
Conciseness and clarity of content are emphasized and encouraged. Vague and general
proposals will be considered non-responsive and will result in disqualification. To facilitate
the review of the responses, Firms shall follow the described proposal format. The intent of
the proposal format requirements is to expedite review and evaluation. It is not the intent to
constrain proposers with regard to content, but to assure that the specific requirements set
forth in this RFQ are addressed in a uniform manner amenable to review and evaluation.
Failure to arrange the proposal as requested may result in the disqualification of the proposal.
It is reauested that proposals be limited to no more than 10 napes. All pages of the proposal must
be numbered and the proposal must contain an organized, paginated table of contents
corresponding to the sections and pages of the proposal.
SELECTION PROCESS:
The City's process is as follows:
A. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100 point scale and shall be based on the following
criteria:
a) Expertise, experience, and qualifications of key personnel
• Experience of Project Manager—20
• Experience of Resident Project Representative - 20
b) Project Approach— 15
c) Technical Competence—20
d) Familiarity with Project— 15
e) Quality Assurance Program — 10
EXPERTISE. EXPERIENCE. AND OUAI,IFICATIONS OF KEY PERSONNEL
• Provide an organization chart
• Provide the experience and qualifications of your key personnel, including Principal-in-charge.
Project Manager, and Resident Project Representative
• List any key subconsultants
PROJECT APPROACH
• Describe your team's approach to the pre-construction review, construction phase services, and
post-construction services
• Include a description of your approach to controlling the scope to meet project deliverables:
managing work process to meet the project schedule; and managing the budget
• Prior engineering reports, design drawings, and specifications will be provided to the selected
firm.
TECHNICAL COMPFNTFNCF,
• List up to five similar projects done in the past
• List areas of specialty experience critical to managing construction projects
OA/OC PROGRAM
• Describe your quality assurance 'quality control plan
Pa¢e5of21)
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this RFQ carefully and to submit
a complete response to all requirements and questions as directed.
This contract is contingent upon release of funds from the Texas Water Development Board
(TWDB). Any contract or contracts awarded under this Invitation for Bid (IFB) or Request for
Qualifications(RFQ)are expected to be funded in part by a loan from the TWDB. Neither the State
of Texas nor any of its departments, agencies, or employees are or will be a party to this IFB, RFQ,
or any resulting contract. RFQ's are issued in accordance with Section 2254 of the Texas
Government Code (Professional Services Act).
This contract is subject to the Environmental Protection Agency's (EPA) Disadvantaged Business
Enterprise (DBE) Program, which includes EPA-approved fair share goals toward procurement of
Minority and Women-owned Business Enterprise(M/WBE)firms. EPA rules require that applicants
and prime contractors make a good faith effort to award a fair share of contracts. subcontracts, and
procurements to M/WBEs through demonstration of the six affirmative steps. For more details of
the DBE Program and the current, applicable fair share goals,please visit www.twdb.texas.gov/dbe.
The City of Port Arthur is an affirmative action/equal opportunity employer.All qualified applicants
will receive consideration for employment without regard to race,color,religion, sex,age,handicap
or national origin. Small, minority, and women-owned business enterprises are encouraged to
submit proposals.
The successful respondent will be required to submit TWDB-0217 (Prime Consultant/Contractor
Certification). Should the successful respondent require sub-consultants/sub-contractors, the Prime
Consultant/Contractor is required to perform a Good Faith Effort solicitation for these sub-
consultants/sub-contractors following the TWDB Disadvantaged Business Enterprise guidance
found on the TWDB DBE web page:
http://www.twdb.texas.govifinancialiprograms/DBEiindex.asp.
In addition, the following additional forms will be required: TWDB-0216 (Affirmative Steps
Solicitation Report) and TWDB-0373 (Participation Summary).
TERMINOLOGY: "Bid" vs. "Proposal" vs. "Qualifications" --For the purpose of this RFQ, the
terms "Bid", "Proposal", and "Qualifications" shall be equivalent.
AWARD;The City of Port Arthur will review all proposals for responsiveness and compliance with
these specifications. The City reserves the right to award on the basis of the Most Qualified in
accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all
proposals.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineations. alteration, or erasure made before opening time must be initialed by the signer of the
bid, guaranteeing authenticity.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting
written request. over the signature of an authorized individual, to the Purchasing Division any time
prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the
deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be
considered if submitted after the deadline.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
Page 6 of 20
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C,Chapter 171.
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire
(Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the
Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information
concerning persons doing business or seeking to do business with the City of Port Arthur, including
affiliations and business and financial relationships such persons may have with City of Port Arthur
officers. The form can be can be located at the Texas Ethics Commission website:
https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a
response to this RFQ, 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.
Page 7 of 20
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts •
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the RFQ will be made by addenda no
later than 48 hours prior to the date and time fixed for submission ofproposals. Sole issuing authority
of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no
responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to
acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the
vendor's responsibility to check for any addendums that might have been issued before bid closing
date and time. All addenda will be numbered consecutively, beginning with I.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel)in Port Arthur,the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in
Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside
the City of Port Arthur are allowed to bid.
PRICES: The respondent shall not provide price information within the SOQ.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Utility
Operations, P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30
days from the date of the invoice.
SALES TAN: 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.
Page 8of20
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port
Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas
and the City Attorney concerning any portion of these requirements.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to
performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no
other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure
compliance.
DELINOUENT 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 RFQ.
OUANTITIES: 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.
$HIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX
77640
INCORPORATION OF PROVISIONS REOUIRED 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
Page 9 of 20
of Port Arthur the option of selecting goods which may be considered more suitable for the purpose
involved.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely
and proper manner his obligations under this contract, or if the Contractor shall violate any of the
covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set-off until such time as the exact
amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving
at least thirty (30)days notice in writing to the Contractor. If the Contract is terminated by the City
as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph
hereof relative to termination shall apply.
RELEASES AN D 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.
$ UB-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.
JNSURANCE:All insurance must be written by an insurer licensed to conduct business in the State
of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may
arise out of or result from operations under this contract, whether the operations be by himself or by
any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable,of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury $1,000,000 single limit per occurrence or$1,000,000 each
person/$1,000,000 per occurrence;and,
Page 10 of 20
b. Property Damage $1,000,000 per occurrence regardless of contract amount; and,
c. Professional Liability: $1,000,000.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy
numbers, effective dates and expiration dates)and to date and sign and do all other things necessary
to complete and make into valid certificates of insurance and pertaining to the above listed items,
and before commencing any of the work and within the time otherwise specified, Contractor shall
file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect
except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain
a provision that coverage afforded under the policies will not be altered, modified or canceled unless
at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor
shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form
from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed
CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur
not more than ten(10)days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10)days of the execution
of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued
within such period, the time may be extended by mutual agreement between OWNER and
CONTRACTOR.
Page 11 of 20
APPENDICES
RETURN WITH PROPOSAL
A. Letter of Interest Yes
B. Affidavit Yes
C. Non Collusion Affidavit Yes
D. Conflict of Interest Questionnaire If It Applies
E. HB 89 Yes
F. SB 252 Yes
G. DBE Document Yes
Page 12 of 20
APPENDIX A
j.ETTER OF INTEREST
RFQ—Construction Phase Services for Main Wastewater Treatment Plant
Deadline: July 28,2021
The undersigned firm submits the following information (this RFQ submittal) in response to the
Request for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX
(City) to provide construction phase services for the Main Wastewater Treatment Plant for City of
Port Arthur,TX. Enclosed, and by this reference incorporated herein and made a part of this RFQ,
are the following:
• Completed RFQ Letter of Interest Form
• Completed Affidavit
• Non Collusion Affidavit
• Completed Conflict of Interest Form
• HB 89
• SB 252
❖ DBE 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
Address City/State/Zip
Authorized Signature Title
Name (please print) Telephone
Email
f',uL 13 C?11
APPENDIX B
CITY OF PORT ARTHUR. TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for the
firm bidding this project has violated the antitrust laws of this State, codified at Section
15.01. et seq., Texas Business and Commerce Code, or the Federal antitrust laws. nor
communicated directly or indirectly the bid made to any competitor or any other person
engaged in the same line of business, nor has the signatory or anyone acting for the firm.
corporation or institution submitting a bid committed any other act of collusion related to
the development and submission of this bid proposal.
Signature:
Printed Name:
Printed
Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me by the above named on this
the day of , 20
Notary Public in and for the
State of Texas
My commission expires:
Pax 14 of 20
APPENDIX C
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly
authorized officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that j 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 j 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 J do have outstanding debts with the City of Port Arthur and agree to
enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as
they become due.
Firm Name Date
Address City/State/Zip
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of . 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL
Page 15 of 20
APPENDIX D
T
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by M.B. 23.eath Leg..Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 175 Local Government Code by a vendor who Date Racarvw7
has a business relationship as defined by Section 176001(1.al with a local governmental entity and the
vendor meets requirements under Section 175 0061ai
By law this questionnaire must be Nee with the records admrnstrator of the local governmental entity rot later
than the 7th business day after the date the vendor becomes aware of facts that rewire the statement to be
filed See Section 176 008,a-1, Local Government Code
A vendor commits an offense A the vendor knowingly violates Section 178 008.Local Government Code An
offense under this section is a misdemeanor
J Nome of vendor who has a business relationship with local governmental entity.
Check this box if you
filing an update to•previously flied questionnaire.i 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 1
?.I 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 178.003(a)(2)(A1 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?
Yes Q 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 a not received from the
local governmental entity''
nYes n rvc
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.
J
'n Check this box i1 the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176003(a)(2)(B) excluding gifts descrbed in Section 176003(a-1).
J
Signature'it vendor drong business with the governmental entity Dare
Form provided by Texas Ethics Commission www ethics state to us Revised t1130r2015
•
Page 16 of 20
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be lound at http.!iwww.statutes.legis.state.tx.usi
DocsiLG/htm/LG 176.him.For easy reference,below are some of the sections cited on this form.
Local Government Code 1178.001(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;
(8) a transaction conducted at a price and subject to terms available to the public,or
IC) 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 g 176.003181421(A)and(B1:
(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:
a
(n) 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 I 2-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed:or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code 4176.0061a)and(a-11
(a)A vendor shall file a completed conflict of interest questionnaire it the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity ora 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 003f a)(2)03),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 alter 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
(13) 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 fait
(13) that the vendor has given one or more gifts described by Subsection la).or
(C)of a family relationship with a local government officer
Form provided by Texas Ethics Commission www eth,cs state tx us Revised 11.30 2015
Page 17 of 20
APPENDIX E
House Bill 89 Verification
(Person name), the undersigned representative
(hereafter referred to as "Representative")of
(company or
business name, hereafter referred to as ''Business Entity"), being an adult over the age of
eighteen (18) years of age, after being duly sworn by the undersigned notary. do hereby
depose and affirm the following:
1 . That Representative is authorized to execute this verification on behalf of Business
Entity:
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of Port
Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on. or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli-controlled territory. but does not include an action
made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority. on this
day of , 20
Notary Public
P: 18 01 20
APPENDIX F
SB 252
CHAPTER 2252 CERTIFICATION
I, , the undersigned and
Representative of
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas
Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that
the company named above is not listed on the website of the Comptroller of the State
of Texas concerning the listing of companies that are identified under Section
806.051, Section 807.051 or Section 2253.153. I further certify that should the above-
named company enter into a contract that is on said listing of companies on the
website of the Comptroller of the State of Texas which do business with Iran, Sudan
or any Foreign Terrorist Organization, I will immediately notify the City of Port
Arthur Purchasing Department.
Name of Company Representative (Print)
Signature of Company Representative
Date
Page 19 of 20
APPENDIX G
THURMAN BARTIE,MAYOR RON BURTON
REV.DONALD FRANK,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS:
n r t r t h u SHERRI BELLARD,TRMC
CAL JONES r----f_ CITY SECRETARY
INGRID HOLMES
THOMAS KINLAW VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES
DBE 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 (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)
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