HomeMy WebLinkAboutPR 22354: AGREEMENT WITH WARREN ENVIRONMENTAL OF VILLAGE MILLS, TEXAS RELATING TO ENVIRONMENTAL PROGRAMS FOR WATER AND WASTEWATER OPERATIONS PR No. 22354
1/24/2022 bw
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A ONE YEAR PROFESSIONAL SERVICES AGREEMENT WITH
WARREN ENVIRONMENTAL OF VILLAGE MILLS, TEXAS, FOR
CONSULTING SERVICES RELATING TO ENVIRONMENTAL
PROGRAMS FOR WATER AND WASTEWATER OPERATIONS WITH
A TOTAL PROJECTED BUDGETARY AMOUNT OF $24,950.00.
FUNDING IS AVAILABLE IN THE WATER UTILITIES ACCOUNT NO.
410-40-200-5420-00-00-000,PROFESSIONAL SERVICES.
WHEREAS, currently, environmental programs, as they apply to Federal and State water
and wastewater regulations, are underway in the City of Port Arthur; and,
WHEREAS, professional consultation is needed to provide guidance with compliance
for water and wastewater regulations and operations; and,
WHEREAS, further professional assistance is required to provide assistance with
development, implementation, audits and written reports; and,
WHEREAS, the City, in order to effectively continue the Water Utilities projects and to
provide guidance with compliance for water and wastewater regulations and operations as
needed, solicited quotes for said professional services outlined above; and,
WHEREAS,the Purchasing Department received three (3) Request for Proposals (RFPs)
and the City staff deems Warren Environmental to possess the necessary professional and
technical knowledge to ensure the effective execution of program development, implementation,
audits, and written reports.
WHEREAS, City Staff recommends contracting with Warren Environmental of Village
Mills, Texas, for a one year period, to provide consulting service concerning environmental
programs that applies to water and wastewater Federal and State regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
PR No. 22354
1/24/2022 bw
Page 2 of 3
Section 1. That the facts and opinions of the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to execute a professional
services agreement, in substantially the same form as the attached Exhibit "A", with Warren
Environmental of Village Mills, Texas, for a one-year period with a total projected budgetary
amount of$24,950.00, from Account No. 410-40-200-5420-00-00-000,
Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED, AND APPROVED this the day of , A.D. 2022 at
a meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman"Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF
FUNDS:
KCA" 60 "1::}
Val Tizen Kandy Dc�
City Attorney Interim Director of Finance
PR No. 22354
1/24/2022 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Calvin Matthews,P.E.
Water Utilities Director
•
I, I
Auti4
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT "A"
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STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement")is made by and between the City
of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"),
and Warren Environmental ("Professional") (individually, each a "Party" and collectively,
"Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor for all services under this
Agreement to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of Professional's profession, both public and private, currently
practicing in the same locality under similar conditions including but not limited to the exercise of
reasonable, informed judgments and prompt, timely action. If Professional is representing this it
has special expertise in one or more areas to be utilized in the performance of this Agreement,then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and shall remain in effect for an estimated (12) months or
until services are complete, including the time necessary to develop the project deliverables,
subject to change upon request or mutual agreement(s).
2.2 Professional may terminate this Agreement by giving thirty(30)days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City,Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City(the "Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Page 2 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed $24,950.00 for said services.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement,nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates, a
copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
writing the nature and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
Page 3 of 11
City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities,equipment,telephones,facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640-1089
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
Page 6 of 11
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3,Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
Warren Environmental
P.O. Box 164
Village Mills, Texas 77663
Attn: Karin K. Warren
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
Page 7of11
City of Port Arthur, Texas
Professional Services Agreement
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
Page 8 of 11
City of Port Arthur, Texas
Professional Services Agreement
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services,methods,processes and operating procedures, together with
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2022.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2022.
PROFESSIONAL:
WARREN ENVIRONMENTAL
By:
Karin K. Warren, Owner/Consultant
Page 10 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/Schedule
Page 11 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit "A"
Warren Environmental ���
Po Box 164 'Y vY �s
oVillage Mills,TX 77663
SOW 1012 for Agreement for Consulting Services for City of Port Arthur
ODate Services Performed By: Services Performed For:
January 6,2022 Warren Environmental City of Port Arthur
PO Box 164 PO Box 1089
Village Mills,TX 77663 Port Arthur,TX 77641
E
W This Statement of Work(SOW) is issued pursuant to the Consultant Services Master Agreement between City
of Port Arthur ("Client") and Warren Environmental ("Contractor"). effective January 6, 2022 (the
�,grecment'). This SOW is subject to the terms and conditions contained in the Agreement between the
r�— parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in
v , the Agreement.In the event of any conflict or inconsistency between the terms of this SOW and the terms of
this Agreement,the terms of this SOW shall govem and prevail.
This SOW # 1012 (hereinafter called the "SOW-), effective as of January 6, 2022, is entered into by and
between Contractor and Client, and is subject to the terms and conditions specified below.The Exhibit(s) to
this SOW,if any,shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of
the body of this SOW and the terms of the Exhibit(s)hereto,the terms of the body of this SOW shall prevail.
Period of Performance
The Services shall commence on January 10,2022,and shall continue till next budget year or until services
completed whichever comes first.
Scope of Work
Consult on environmental programs as apply to water and wastewater Federal and State regulations. Assist
with program development and implementation through audits and written reports.
Statement of INA Jor City of Port Albin-•(aurae•,•6.2022 1
Warren Environmental
PO Box 164 WE
OVillage Mills,TX 77663
SOW 1012 for Agreement for Consulting Services for City of Port Arthur
ODate Services Performed By: Services Performed For:
January 6,2022 Warren Environmental City of Port Arthur
PO Box 164 PO Box 1089
W Village Mills,TX 77663 Port Arthur,TX 77641
E
�✓ This Statement of Work(SOW)is issued pursuant to the Consultant Services Master Agreement between City
of Port Arthur ("Client") and Warren Environmental ("Contractor"), effective January 6, 2022 (the
"Agreement"). This SOW is subject to the terms and conditions contained in the Agreement between the
♦� parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in
the Agreement. In the event of any conflict or inconsistency between the terms of this SOW and the terms of
this Agreement,the terms of this SOW shall govern and prevail.
This SOW # 1012 (hereinafter called the "SOW"), effective as of January 6, 2022, is entered into by and
between Contractor and Client, and is subject to the terms and conditions specified below. The Exhibit(s) to
this SOW,if any,shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of
the body of this SOW and the terms of the Exhibit(s) hereto,the terms of the body of this SOW shall prevail.
Period of Performance
The Services shall commence on January 10,2022,and shall continue till next budget year or until services
completed whichever comes first.
Scope of Work
Consult on environmental programs as apply to water and wastewater Federal and State regulations. Assist
with program development and implementation through audits and written reports.
Statement of Fork*City of Port Arthur 'January 6.2022 1
Program and work assistance include but not limited to the following:
• Wastewater Treatment • Laboratory Development
• Water Treatment • Water Conservation and Drought
• Risk Management Plans and Hazard Contingency
Assessments • Water Distribution Evaluations
• Cross Connection Control and Prevention • Industrial Pretreatment
• Fats, Oils,and Grease • Other
• Storm Water and Pollution Prevention
Deliverable Materials
Written reports for compliance and program plan's prepared and/or developed will be provided.
Contractor Responsibilities
Provide guidance with compliance for water and wastewater regulations and operations as needed.
Client Responsibilities
Provide information as requested to make determinations on environmental programs including water/
wastewater system operations.
Fee Schedule
Compensation by the CLIENT to the CONSULTANT for Services will be on a time and material basis.
Labor shall be billed based on standard billing rates as follows:
Category Billing Rate/Hour
Communication—Email&Telephone $50.00
--------- --------------
Research&Reporting _—_ $75.00
------------- -------- ----
General Consultation—offsite $100.00
General Consultation—onsite $125.00
Emergency Response -----µ- 5150.00
Statement of Work for Cit_yy of Port Arthur•January 6.2022 _
Budget Summary:
This engagement will be conducted on a Time& Materials basis. The total value for the Services pursuant to
this shall not exceed$24,950 unless otherwise agreed to by both parties via the project change control procedure,
as outlined in agreement.
Upon completion of this Performance Period, Contractor and Client will have the option to renew this
agreement for an additional then-stated number of hours at the then-current hourly rate for those resources
identified.
Bill To Address Client Project Manager Client Cost Center
PO Box 1089
Port Arthur,TX 77641 Floyd Rilcv 409-983-8290
Out-of-Pocket Expenses / Invoice Procedures
Client will be invoiced regularly for the consulting services. Standard Contractor invoicing is assumed to be
acceptable. Invoices are due upon receipt.
Client will not be invoiced for costs associated with out-of-pocket expenses locally(including,without limitation,
costs and expenses associated with meals, lodging, local transportation and any other applicable business
expenses.) If out of town travel (greater than 150 miles one way) is required or requested the Client will be
invoiced for lodging and transportation.
Invoices shall be submitted monthly in arrears,referencing this Client's SOW Number to the address indicated
above. Each invoice will reflect charges for the time period being billed and cumulative figures for previous
periods.Terms of payment for each invoice are due upon receipt by Client of a proper invoice.Contractor shall
provide Client with sufficient details to support its invoices,including time sheets for services performed and
expense receipts and justifications for authorized expenses,unless otherwise agreed to by the parties.
Completion Criteria
Contractor shall have fulfilled its obligations when any one of the following first occurs:
• Contractor accomplishes the Contractor activities described within this SOW,including delivery to Client
of the materials listed in the Section entitled"Deliverable Materials,"and Client accepts such activities and
materials without unreasonable objections. No response from Client within 2-business days of deliverables
being delivered by Contractor is deemed acceptance.
Statement of Work for City of Port Arthur•January 6.2022 3
• Contractor and/or Client has the right to cancel services or deliverables not yet provided with
[201 business days advance written notice to the other party.
Assumptions
No assumptions are made with this SOW.
IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day,month
and year first written above.
City of Port Arthur Warren Environmental
I 1/,
By: By:
Name: Name: Karin K.N.Varren
Title: Title: Owner/Consultant
Date: Date: 01/06/2022
Statement of IVork for City of Port Arthur•January'6.2022 4
•
We
Gn 4 % -CITY OF PORT ARTHUR,TEXAS
ADDENDUM NO.ONE(1)
nil rfltur
Mar
December 16,2020
BID FOR: ENVIRONMENT CONSULTANT FOR WATER&WASTEWATER
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 i
THEIR BID. •
Addendum as follows 1
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard
Time, Wednesday,January 6, 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 Wednesday,January 6, 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.
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.
e iL (.1/L,G�.,CJ4Ld
Cli n Williams, CPPB
Purchasing Manager
S ature of Pro o 'e
gn Pr Date
11 54;2(
jIWarren Environmental
Company Vendor Name
1
;I
THURMAN BILL BARTIE,MAYOR RON BURTON
CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: I SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. ��r t r t h U — CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW IH VAL TIZENO
KENNETH MARKS Texas CITY ATTORNEY
KAPRINA FRA N K
December 10, 2020
REQUEST FOR PROPOSAL
ENVIRONMENT CONSULTANT FOR WATER& WASTEWATER
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,Central
Standard Time, Wednesday, December 23, 2020. (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
Wednesday,December 23,2020 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: P21-011
DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of
your RFP to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET,4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Request for Proposal should be directed in writinti 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 1 444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for
your convenience in submitting proposals for the enclosed referenced services for the City of Port
Arthur.
Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall
be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner
of the envelope.
ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP
submittal arrives at the above location by specified deadline regardless of delivery method chosen
by the firm. Faxed or electronically transmitted RFP submittals will not be accepted.
().46- rt- 0)zigclalts-
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 18
REQUESTS FOR PROPOSALS
ENVIRONMENT CONSULTANT FOR WATER& WASTEWATER
(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 18
SPECIFICATIONS
FOR
ENVIRONMENT CONSULTANT FOR
WATER & WASTEWATER
Scope of Work:
The City of Port Arthur is seeking a consultant for environmental programs that apply to water and
wastewater Federal and State regulations. Contract will assist with program development and
implementation through audits and written reports fir the Utility Operation Department.
Contractor services will include but not limited to the following items:
• Wastewater Treatment
• Water Treatment
• Risk Management Plans and Hazard Assessments
• Cross Connection Control and Prevention
• Fats, Oils, and Grease
• Storm Water and Pollution Prevention
• Laboratory Development
• Water Conservation and Drought Contingency
• Water Distribution Evaluations
• Industrial Pretreatment
• Other
Page 4 of 18
The City of Port Arthur requires comprehensive responses to every section within this RFP.
Conciseness and clarity of content are emphasized and encouraged. Vague and general
proposals will be considered non-responsive and will result in disqualification. To facilitate
the review of the responses, Firms shall follow the described proposal format. The intent of
the proposal format requirements is to expedite review and evaluation. It is not the intent to
constrain proposers with regard to content, but to assure that the specific requirements set
forth in this RFP are addressed in a uniform manner amenable to review and evaluation.
Failure to arrange the proposal as requested may result in the disqualification of the proposal.
It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages
of the proposal must be numbered and the proposal must contain an organized, paginated
table of contents corresponding to the sections and pages of the proposal.
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) Experience—30
b) Project Approach — 30
c) Rates—40
EXPERIENCE & KNOWLEDGE
• List any similar work done in the past.
• List any experience or knowledge of the areas in Port Arthur
• List experience and qualification of team
PROJECT APPROACH
• State time dedicated to perform these services with City.
• State personnel that are available to provide the work
• State reason why your company will be best suited to provide these services for the City.
COST
• State any reimbursable and travel cost
• State hourly cost of personnel
• State any other fees required.
Page 5 of 18
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this RFP carefully and to submit
a complete response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and
`Proposal" shall be equivalent.
AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance
with these specifications. The City reserves the right to award on the basis of the Lowest and Best
Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject
any or all proposals.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineations,alteration,or erasure made before opening time must be initialed by the signer of the
bid, guaranteeing authenticity.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting
written request, over the signature of an authorized individual,to the Purchasing Division any time
prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the
deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be
considered if submitted after the deadline.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
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.eth ics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a
response to this RFP, you acknowledge that you have been notified of the requirements of Chapter
176 of the Texas Local Government Code and you are representing that you in compliance with
them.
Any information provided by the City of Port Arthur is for information purposes only. If you
have concerns about whether Chapter 176 of the Texas Local Government Code applies to
you or the manner in which you must comply,you should consult an attorney.
ETHICS: Public employees must discharge their duties impartially so as to assure fair,competitive
access to governmental procurement by responsible contractors. Moreover, they should conduct
themselves in such a manner as to foster public confidence in the integrity of the City of Port
Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the
City's Code of Ethics.
Page 6 of 18
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no
later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing
authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City
assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum.
Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It
is the vendor's responsibility to check for any addendums that might have been issued before bid
closing date and time. All addenda will be numbered consecutively, beginning with 1.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel)in Port Arthur,the principal storage place or facility for the equipment
shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in
Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside
the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: 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 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30
days from the date of the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax;therefore the proposal shall not include Sales Tax.
Page 7 of 18
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port
Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas
and the City Attorney concerning any portion of these requirements.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to
performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no
other officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract;and,the Contractor shall take appropriate steps to assure
compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license, privilege or paying money to any-one owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT
included as part of this RFP.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities will be
paid for at the quoted price. It is further understood that the contractor shall not have any claim
against the City of Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise,
any such provision is not inserted or is not correctly inserted the Contract shall be amended to make
such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike
manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities
and means, except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, in accordance with the provisions of this Contract
and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best
commercial practices are to prevail.
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 8 of 18
of Port Arthur the option of selecting goods which may be considered more suitable for the purpose
involved.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely
and proper manner his obligations under this contract, or if the Contractor shall violate any of the
covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set-off until such time as the exact
amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving
at least thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City
as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub-contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or
permit any sub-contractor to perform any work included in this Contract until he has received from
the City of Port Arthur written approval of such agreement.
INSURANCE:All insurance must be written by an insurer licensed to conduct business in the State
of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may
arise out of or result from operations under this contract,whether the operations be by himself or by
any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its
officers, agents, and employees must be named as an additional insured):
a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each
person/$1,000,000 per occurrence; and,
Page 9 of 18
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 10 of 18
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
Page 11 of 18
APPENDIX A
LETTER OF INTEREST
RFP—Environment Consultant for Water& Wastewater
Deadline: December 23,2020
The undersigned firm submits the following information (this RFP submittal) in response to the
Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur,TX(City)
to provide Environment Consultant for Water& Wastewater for City of Port Arthur,TX. Enclosed,
and by this reference incorporated herein and made a part of this RFP,are the following:
❖ Completed RFP Letter of Interest Form
❖ Completed Affidavit •
❖ Non Collusion Affidavit
❖ Completed Conflict of Interest Form
❖ HB89
❖ SB 252
Firm understands that the City is not bound to select any firm for the final pre-qualified list and may
reject any responses submitted.
Firm also understands that all costs and expenses incurred by it in preparing this RFP and
participating in this process will be borne solely by the firm, and that the required materials to be
submitted will become the property of the City and will not be returned.
Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or
incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing
this letter of interest and making the RFP submittal.
This RFP shall be governed by and construed in all respects according to the laws of the State of
Texas.
Warren Environmental
Firm Name Date
PO Box 164 Village Mills; TX 77663
Addr s City/State/Zip
v
tA�;(,{�Y� Owner/Consultant
Authorized Signature Title
Karin K Warren 409-673-9041
Name (please print) Telephone
wenviro@outlook.com
Email
Page 12 of 18
ti
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 roposal.
Signature:
Printed Name:
Printed
• Name: Karin K Warren
Title: Owner/Consultant
Company: Warren Environmental
Date:
SUBSCRIBED and sworn to before me by the above named on this
the S"'" day of tan„ , 20 `2-1 .
Notary Public in and for the
CHELSIE DAKOTA CLIFTON State of Texas
=?•. � Notary Public, State of Texas
Comm. Expires
�`011 ` 17.06.2024 •
Notary ID 132769565 s. My commission expires:
Page 13 of 18
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 unders. ed 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.
Warren Environmental i / 5 / 'l
Firm Name Date
PO Box 164 Village Mills, TX 77663
Add ess City/State/Zip
Authorized Signature Title
Karin K Warren 409-673-9041
Name(please print) Telephone
i
wenviro@outlook.com
Email I
STATE: 1-e yc, 5'
COUNTY: T e'.r
- .i sor
SUBSCRIBED AND SWORN to before me by the above named
on this the jr,,ncut) day of 3*1\ , 20a.1 .
,�=o� YPt�, •
CHELSiE DAKOTA CLIFTON• ��
4V�NOtery Public,State of Texas Notary Public
i�r v� Comm. Expires 11-06-2024
''',�°;,i�''' Notary ID 132769565
RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL
Page 14 of 18
•
APPENDIX D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B.22,e4th Log.,Regular Session. OFFICE OSE ONLY
This camsOonnafre is being rtod In aeoordarme with Chapter 1 70,Local Govemmont Coda.by a vendor who Dtt•R•c•N•d
has a business relationship es defined by Section 176.001(1.a)wilh n local governmental entity and the
vendor meets requirements ander Section 176.006(o).
By law this ouessorvioiro must be fled with the records administrator of the tonal goverrxrnvntal entity not toter
than the 7th txriness day niter the date the vendor becomes aware of facts Prot require the stotornont to be
Mod See Seceon 170.000(0.1).focal Government Code.
A vendor comrdis an offense it the vendor knowingly vfotetes Section 170.006.Local Government Code.An
ollonsd tinder Otis section Is a misdemeanor,
,J Name of vendor who has a business relationship with local governmental entity.
Cheek this box II you are filing an update to a previously filed questionnaire.(The low requires that you flit an updated
completed quostionnalro with the appropriate Wing authority not later than the 7th business day after the date on which
you became aware that the originally hied quostionna,ro was Incomplete or trtacwrate)
J Name of local government officer about whom the information Is being disclosed.
Name of Officer
Describe each employment or other business rclatlonshfp with the local government officer,ore family member of the
officer,as described by Section 176.003(ax2)(A).Also describe any family relationship with the local government officer.
Complete eubperts A and B for each employment or business reintlonshipdeecribed.Attach adcfitiond pages to this Form
GO as necessary.
A. Is the local government officer o1 a family member of the officer receiving or likely 10 receive,taxable Income,
other than Investment Income,from the vendor?
n Yes Na
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?
I 1 Yes F7rNo
Af Describe each employment or business relationship that the vendor rmmed in Section I maintains with a corporation or
other business entity with respect to which the local government officer serves as on officer or director,or holds an
ownership interest of ono percent or more.
El Check this box if the vendor has given the local government officer or a lam!ly member of the office/one or more gilts
as described in Suction 176.003(a)(2)(B),excluding gills descibed In Section 176.003(a-1)/61,
Signoaae of vendor s iTi Ih"bie 9overrm entd entry Data
Form provided by Texas Ethics Commission rvww.ethics.rlate.tx.us Revised 117302015
s
•
Page 15 of 18
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htmiLG.176.htm.For easy reference.below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity:
(B) a transaction conducted at a price and subject to terms available to the public:or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by.and reporting to.that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall tile a conflicts disclosure statement with respect to a vendor it:
(2) the vendor
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income.other than investment income. that exceeds$2..500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:
a
(ii) the local governmental entity is considering entering into a contract with the
vendor:
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed:or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§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 tamily relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 11/30.2015
Page 16 of 18
APPENDIX E
House Bill 89 Verification
I, Kann K Warren (Person name), the undersigned representative
(hereafter referred to as "Representative") of Warren Environmental
(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 REP ESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
s`~ day of Sunin , 20 al .
``pPY PGB i CHELSIE DAKOTA CLIFTON
i* cNotary Public. State of Texas
,n,, r`�� Notary ID 132769565 rotary Public
Page 17 of 18
APPENDIX F
SB 252
CHAPTER 2252 CERTIFICATION
I, Karin K Warren , the undersigned and
Representative of Warren Environmental
(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.
Karin K Warren
Name of Company Representative (Print)
Si t'(-PA,UZ-fk 760
nature of Company Representative
1C/Z/
Date
Page 18 of 18
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Table of Contents
Cover letter 3
EXPERIENCE&KNOWLEDGE 4
Wastewater Treatment 4
Water Treatment 4
Risk Management Plans and Hazard Assessments 4
Cross Connection Control and Prevention 4
Fats,Oils,and Grease 4
Storm Water and Pollution Prevention 5
Laboratory Development 5
Water Conservation and Drought Contingency 5
Water Distribution 5
Industrial Pretreatment 5
Other 6
Knowledge of Port Arthur 6
Resume 6
PROJECT APPROACH 8
COST 9
Fee Schedule 9
Out-of-Pocket Expenses/Invoice Procedures 9
APPENDICES 10
A. Letter of Interest Yes 10
B.Affidavit Yes 11
C. Non Collusion Affidavit Yes 12
D.Conflict of Interest Questionnaire If It Applies 13
E. HB89Yes 14
F. SB 252 Yes 15
WE
Cover letter
January4, 2021
City of Port Arthur
PO Box 1089
Port Arthur,TX 77641
To whom it may concern:
Thank you for the opportunity to respond to your request for proposal (RFP) for the Environment
Consultant for Water and Wastewater.
Through my work at the City of Beaumont I have over 25 years in water and wastewater experience and
I have over 15 years of experience consulting with water and wastewater treatment plants in municipal
settings and industrial settings. Last year I worked with City of Port Arthur Utility Department consulting
for the water and wastewater treatment plant's staff developing their risk management plans and with
pretreatment program group working on updating the program.
I look forward to working with the City's staff using my experience as a municipal utility employee and
consultant to the City of Port Arthur's Utility Department.
Sincerely,
1 \,
KOGWA-
Kann K Warren •
Environmental Consultant
•
1
Ikc-E
3
EXPERIENCE & KNOWLEDGE
Wastewater Treatment
Worked for City of Beaumont's 39 MGD plant for 24 years. Worked with industrial wastewater
treatment systems including centralized waste, laundries,metal finishers,tank equipment cleaning,and
food packaging facilities in Beaumont,Port Arthur,and North Houston.
Consulted on a 32 MGD industrial wastewater treatment plant with pretreatment units and utilizing
activated sludge process.
Additional consultation which included operational training for activated sludge, natural treatment
systems, and fixed film process such as trickling filters.
Currently working with two wastewater treatment plants,an activated sludge plant and a wetlands
system on treatment and compliance status.
Prepared permit renewal and amendment for TPDES permitted plants including Beaumont,North
Houston plant and several smaller systems in Jefferson and Hardin County.
Prepared industrial pretreatment applications for discharge to public wastewater treatment plants in
Beaumont and Port Arthur.
Water Treatment
Worked with City of Beaumont's surface water treatment plant and ground water plants through the lab
and distribution system. Worked with a small surface water treatment plant and three ground water
systems in treatment methods,reporting,and operator training.
Assisted with rehabilitation and expansion of a 27 million gallons a day surface water treatment plant to
a 50 million gallons a day. The project included the construction of a 5 million gallons a day ground
storage tank,pump station,filters rehabilitation and automation.
Worked on treatment process and operator training with a 0.5 million gallon a day surface water
treatment plant and two Hardin county and three Jefferson county ground water systems.
Risk Management Plans and Hazard Assessments
Prepared the City of Beaumont's RMP for the wastewater treatment plant and water treatment plant.
Conducted annual hazard assessments
Prepared the City of Port Arthur's RMP for the wastewater plant and consulted on the water treatment
plants to get it updated.
Prepared the 32 MGD industrial wastewater treatment plant risk management and chemical safety
process plan.
Cross Connection Control and Prevention
Prepared and managed the cross connection control and prevention program for the City of Beaumont.
Consulted with area water systems preparing prevention programs. Conduct backflow testing for an
utility company, T. Johnson Industries.
Fats, Oils,and Grease
Developed and ran the FOG program for the City of Beaumont. Provided guidance to other Cities and
water systems within the area.
Organized and presented workshops and seminars to the public and businesses on water quality
including wastewater treatment, pretreatment program,local limits,and FOG control. Performed
presentations from water quality to wastewater treatment.
Planned and implemented a Grease and Grit Trap program in 2001.
4
Storm Water and Pollution Prevention
Provided guidance on implementation of the storm water prevention program for the departments within
the City of Beaumont. Prepared SWP3 for industrial wastewater plant and small industrial/commercial
facility. Prepared Storm Water report for City of Beaumont for annual SWPP report;assisted Storm
Water Program that is managed by Public Works Department where needed. Performed storm water
prevention inspections on industrial facilities and internal audits of all City departments.
Laboratory Development
Oversaw wastewater and water laboratory; supervisor,technicians, interns at the City of Beaumont.
Conducted internal and external environmental audits.
Prepared the implementation of the NELAC program for the Water/Wastewater Laboratories.
Water Conservation and Drought Contingency
Worked on the Water Conservation and Drought Contingency Plan for City of Beaumont. Prepared
annual reports and five year update reports. Reviewed and updated plans for several water systems
within the tri county area.
Water Distribution
Consulted on different water systems on distribution water quality issues. Prepared water quality
flushing programs.
Developed distribution maintenance program including sampling stations,flushing stations,and monitoring
water quality throughout distribution system.
Consulted for Jefferson and Hardin county water systems on water quality issues and how to correct dirty
water calls.
Worked on evaluating elevated storage facilities and its effect on water quality through monitoring and lab
testing for two water systems.
Industrial Pretreatment
Developed Industrial pretreatment program including updated regulations for Beaumont including two
modifications. Ran pretreatment program for Beaumont for 15 years.
Consulted for various industrial facilities to improve their pretreatment processes and on compliance
with the pretreatment program within their prospective City's.
Consulted for the City of Port Arthur on the pretreatment program modifications and prepared new
standard operating procedures including categorical determinations, and evaluation of industrial
monitoring and plant results.
Performed the Technically Based Local Limits,TBLL, study for the City of Beaumont.
Consulted for the City of Port Arthur on their TBLL study process.
5
Work with Freese and Nichlos Engineering firm on developing and training on industrial pretreatment
program,one in west Texas and one in central Texas.
Other
Provided water and wastewater operator training to not only municipal plants but also industrial
treatment and pretreatment plants. Work with T'WUA in teaching TCEQ approved classes to obtain
operator licenses. Worked on landfill projects on compliance, leachate monitoring, sampling, and
recycling project for City of Beaumont.
Knowledge of Port Arthur
Centralized Waste Treatment facility
Worked with industrial pretreatment facility on compliance with the City of Port Arthur's pretreatment
program requirements. Consulted and conducted laboratory training for the facility.
Water Utility Department
Worked with Golden Triangle Consulting Engineers on the three wastewater treatment plants Main,Port
Acres,and Sabine Pass TPDES permit renewals for the City of Port Arthur.
Worked with Freese and Nichols on the technically based local limits, identified sampling locations at
the treatment plant and collection system through drawings, maps,and onsite investigations.
Prepared risk management plan for the wastewater treatment plant and updated the water treatment
plant's plan.
Consulted on updating the pretreatment program along with standard operating procedures and forms.
Resume •
Experience 2005—Present
Environmental Consultant
• Developed Industrial pretreatment processes.
• Provided guidance Industrial Pretreatment Program for POTW. Prepared revisions
for standard operating procedures, categorical determinations, and evaluation of
industrial monitoring and plant results.
• Prepared Toxic Organic Management Plan for metal finisher.
• Centralized Waste Treatment permit renewal and compliance guidance.
• Evaluated, analyzed and monitored the rehabilitation of a 32 million gallons a day
industrial wastewater treatment plant. •
• Developed new operational procedures for optimal treatment of a 32 million gallons a
day industrial wastewater treatment plant.
• Developed and wrote Process Safety Plan and Risk Management Plan for a 32 million
gallons a day industrial wastewater treatment plant.
• Developed Waste Acceptance Procedure Plan for Centralized Wastewater Treatment.
• Assisted with standard operating procedures for wastewater treatment plants.
• Performed Environmental Assessment for industrial facilities.
• Performed Environmental Assessment and pretreatment proposals for pharmaceutical
company and gypsum dry wall manufacturer.
‘kr‘i
• Prepared TPDES permit applications for plants 2.0 MGD to 39 MGD.
6
2017-Present
T Johnson Industries/Utility Innovations
• Compliance specialist for Operations company for community water and wastewater
facilities.
• Provide guidance, training, and management assistance for operations of plants.
• Perform safety training and maintaining current OSHA safety program.
• Operations of groundwater, surface water plant, and wastewater plants.
2016 Cahaba Water R&R
Facility Manager
• Managed the startup operation and maintenance of a 32 MGD industrial wastewater
treatment plant and pretreatment system.
2005—2016 City of Beaumont, City Utilities
Quality Control Manager
• Managed the Quality Control Division — monitoring all Divisions of the City Utilities
Department including water and wastewater laboratories, distribution and collection
systems, water treatment and wastewater treatment plants, landfill, construction and
maintenance crews.
• Monitored Risk Management Plans for Water and Wastewater Treatment Plants.
• Developed and managed the Laboratories NELAC programs.
• Ensured compliance maintenance with the TCEQ and the EPA rules and regulations for
the collection and distribution systems including preventative maintenance, grease traps,
and routine monitoring.
• Worked with regulatory agencies and addressed and resolved customer complaints on a
regular basis.
• Stood in for the Director of the City Utilities Department during his absence supervising
and managing 206 employees including Water Treatment and Distribution, Wastewater
Treatment and Collection and Solid Waste Division.
• Organized and conducted training as well as provided technical instructions to employees
in water and wastewater and solid waste divisions.
• Performed the Storm Water duties for the Water Department including the Annual Report
and implementing pollution prevention best management practices.
• Perform the duties of the Water Quality Administrator.
2001—2005 City of Beaumont, Water Utilities
Water Quality Administrator
• Administered EPA approved Pretreatment Program including but not limited to permit
writing,inspections,sampling,and enforcement.
• Prepared Pretreatment Program modifications and sampling plan for Technically Based
Local Limits,TBLL.
■ Organized and conducted sampling for the TBLL. V(T)
7
•
1996-2001 City of Beaumont, Water Reclamation
Laboratory Supervisor •
• Planned, organized laboratory budgeting, purchasing, analysis, and quality assurance,
prepared Lab for NELAC requirements.
• Directed and supervised all analysis and quality assurance and quality control,QA/QC.
• Performed analysis and reported results as required by NPDES permit for wastewater
treatment plant and wetland system;made recommendations on process controls.
• Prepared state and federal monthly and annual reports.
• Organized stream monitoring sampling plan for evaluation of the receiving stream.
• Assisted with pretreatment program.
• Organized and presented workshops and seminars to the public and businesses on water
quality including wastewater treatment,pretreatment program, local limits,wetlands and
FOG control. Performed presentations to area schools on water quality and wastewater
treatment.
Education
Lamar University
• B.A.,Environmental Science
Texas Commission on Environmental Quality
• Class A Wastewater operator license
• Backflow Prevention Assembly Tester
• All course work to obtain Water licenses
• TWUA Instructor
Wetlands Delineation and Regional Supplement Training
Environmental Site Assessment Phase I Training ASTM E1527
PROJECT APPROACH
The time dedicated to each project is a minimum of ten hours a week for specific program work.
Additional personnel required for projects will be introduced if needed or requested but not expected.
Warren Environmental is the best suited for the City of Port Arthur because of the experience in
municipal community, operations, and personnel. The experience of working with clients from both
sides give insights into best approaches to a successful project.
Understanding of municipal work allows for a positive approach to working with city staff and utility
customers that leads to a successful project benefiting the City and its citizens.
wE
8
COST
Fee Schedule
Compensation by the CLIENT to the CONSULTANT for Services will be on a time and material basis.
Labor shall be billed based on standard billing rates as follows:
Category Billing Rate/Hour
Communication with City—Email $0.00
& Telephone
Communication with others on City $50.00
related items—Email & Telephone
Research &Reporting $75.00
General Consultation—offsite $100.00
General Consultation—onsite $125.00
Emergency Response $150.00
Charges will be based on actual time spent without any minimum time fee for categories listed above.
Out-of-Pocket Expenses/Invoice Procedures
Client will be invoiced regularly for the consulting services. Standard Contractor invoicing is assumed
to be acceptable. Invoices are due upon receipt.
Client will not be invoiced for costs associated with out-of-pocket expenses locally (including, without
limitation, costs and expenses associated with meals, lodging, local transportation, and any other
applicable business expenses.) If out of town travel (greater than 150 miles one way) is required or
requested the Client will be invoiced for lodging and transportation.
No other fees required.
if
9 t,