HomeMy WebLinkAboutPR 22388: PREQUALIFICATION OF 5 ENGINEERING FIRMS, ROADWAY PROJECTS Cite of
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www.Po rtArth u rTx.gov_
INTEROFFICE MEMORANDUM
Date: February 7, 2022
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Flozelle Roberts, EIT, MEng, MBA, Director of Public Works
RE: PR 22388: Prequalification of five (5) engineering firms for the purpose of providing
engineering services for roadway projects.
Introduction:
The intent of this agenda item is to authorize the City Manager to negotiate with five (5) prequalifying
engineering firms for the purpose of providing professional engineering services for the design of upcoming
City of Port Arthur street projects.
Background:
The City of Port Arthur advertised for a Request for Qualifications(RFQ) seeking engineering services
for streets and drainage on November 22, 2021 under Bid No. P22-013. The engineering firms that
were considered for the streets program were reviewed and scored using the published established
criteria. Each firm received a ranking according to their qualifications and it was deemed that all firms'
services are required.
Budget Impact:
There is no budgetary impact for this measure.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 22388 authorizing the City Manager
to negotiate with the five (5) prequalifying engineering firms for the purpose of providing professional
engineering services for the design of upcoming City of Port Arthur street projects.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4h Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR No. 22388
2/7/2022 mje
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH THE FIVE PRE-QUALIFIED ENGINEERING
FIRMS FOR THE PURPOSE OF PROVIDING PROFESSIONAL
ENGINEERING SERVICES FOR ROADWAY PROJECTS.
WHEREAS, the City of Port Arthur Public Works Department issued a request for
qualifications for engineering services for the purposes of providing engineering and
design services for its upcoming street projects; and,
WHEREAS, the City advertised for Requests for Qualifications (RFQ) to engineer,
design and plan for the reconstruction and rehabilitation of streets that were determined
to be in disrepair, See Exhibit A; and,
WHEREAS, the City received responses from five (5) engineering firms; and,
WHEREAS, City staff has reviewed each submittal and has scored each using the
published evaluation criteria, as noted in Exhibit B; and,
WHEREAS, the City Staff recommends utilizing the services of the five (5)
prequalified engineering firms listed in Exhibit C to perform roadway design for a two-
year period; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City of Port Arthur City Council authorizes the City Manager to negotiate
an agreement with the five (5) prequalified engineering firms to provide engineering
services for roadway projects for a two (2) year period; and,
PR No.22388
2/7/2022 mje
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THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D.
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 FOR ADMINISTRATION:
Valecia Tizeno, Esq. Ron Burton
City Attorney City Manager
PR No.22388
2/7/2022 mje
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APPROVED AS FOR AVAILABILITY OF
FUNDS:
kcA,7\,._ )_,_, /, )0 ._A__, ___iX)
Kandy Daniel
Interim Director of Finance
Flozelle Roberts, EIT, MEng, MBA
Director of Public Works
lt,�l
Clifton illiams, CPPB
Purchasing Manager
EXHIBIT A
'HURMAN BILL BARTIE,MAYOR RONALD BURTON
IONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER
:OUNCIL MEMBERS: SHERRI BELLARD,TRMC
NGRID HOLMES ` CITY SECRETARY
:AL JONES o r l r f It u r
HOMAS KINLAW HI VAL TIZENO
:ENNETH MARKS Texas CITY ATTORNEY
:HARLOTTE MOSES
Jovember 22, 2021
REQUEST FOR QUALIFICATIONS
ENGINEERING SERVICE FOR STREET & DRAINAGE PROJECTS
)EADLINE: Sealed qualification submittals must be received and time stamped by 3:00p.m., Central DEADLINE:
sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday,
)ecember 8, 2021. (The clock located in the City Secretary's office will be the official time.) Applicant names will
)e read aloud beginning at 3:15 p.m. on Wednesday, December 8, 2021 in the City Council Chambers, City Hall, 5th
loor, Port Arthur, TX. You are invited to attend.
vIARK ENVELOPE: P22-013
)ELIVERY ADDRESS: Please submit one (1) original, USB, and three (3) exact duplicate copies of your RFO
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
JOINTS OF CONTACT:
?uestions concerning this Request for Qualifications and Scope of Work should be directed in writing to:
city of Port Arthur, TX
;lifton Williams, Purchasing Manager
'.O. Box 1089
'ort Arthur, TX 77641
:lifton.williams@portarthurtx.gov
The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL INSTRUCTIONS,
;ONDITIONS and SPECIFICATIONS are for your convenience in submitting qualifications for the enclosed
eferenced services for the City of Port Arthur.
Zualifications must be signed by a person having authority to bind the firm in a contract. Qualifications shall be
placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
IILL QUALIFICATIONS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING
)ATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the
hove location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
ransmitted RFQ submittals will not be accepted.
:lifton Williams, CPPB
'urchasing Manager
REQUESTS FOR QUALIFICATIONS
ENGINEERING SERVICE FOR STREET & DRAINAGE PROJECTS
(To be Completed ONLY IF YOU DO NOT BID.)
7AILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL
ROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
n 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.
4TO BID is submitted: this time only not this commodity/service only
Yes No
)oes your company provide this product or services?
Vere the specifications clear?
Vere the specifications too restrictive?
)oes the City pay its bills on time?
)o you desire to remain on the bid list for this product or service?
)oes your present work load permit additional work?
Aomments/Other Suggestions:
ryompany Name:
'erson Completing Form: Telephone:
vlailing Address: Email:
-2ity, State, Zip Code: Date:
L Introduction to Offerors
1 Introduction to Offerors
The City of Port qualified 10 Engineers for Street Projects and one for Drainage Projects. The City had
determined addition engineers will be needed for future street and drainage projects. This Request for
Qualifications (RFQ) is to receive proposals for additional qualified firms to provide Civil Service
Engineering for the following
1. Street Projects
2. Drainage Projects
Resolution 21-362 list the 10 contractors for Streets. These contractors do not need to submit for Streets.
The funding sources include but are not limited to: FEMA Public Assistance (PA), FEMA Public Assistance
(PA) 406 Mitigation, FEMA Hazard Mitigation Grants Program (HMGP), CDBG — Disaster Recovery (DR),
CDBG — Mitigation Program (MIT), Texas Water Development Board — Flood Infrastructure Fund (FIF) ,
Federal Highway Administration (FHWA), City Funds and any other state and federal funds unidentified at
this time.
The following items are provided as general information and specifications as required by the City.
1.1 Vendor Instructions
Read the document carefully. Follow all instructions. You are responsible for fulfilling all
requirements and specifications. Be sure you have a clear understanding of the proposal.
General Requirements apply to all advertised requests for proposals; however, these may be
superseded, whole or in part, by the Scope of Services, Guidelines and Specifications,
Requested Responses and Information, or other data contained herein. Be sure your
proposal package is complete.
1.2 Governing Law
Offeror is advised that these requirements shall be fully governed by the laws of the State of
Texas and that The City may request and rely on advice, decisions, and opinions of the
Attorney General of Texas and the City Attorney concerning any portion of these requirements.
1.3 Ambiguity, Conflict, or other errors in the RFQ
If Offeror discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQ,
Offeror shall immediately notify the City of such error in writing and request modification or
clarification of the document. Modifications will be made by issuing Addenda. Written notice
will be given to all parties who have been furnished with the RFQ without divulging the source
of the request for the same. If the Offeror fails to notify the City prior to the date and time fixed
for submission of proposals of an error or ambiguity in the RFQ known to Offeror, or an error
or ambiguity that reasonably should have been known to Offeror, then Offeror shall not be
entitled to compensation or additional time by reason of the error or ambiguity or its later
resolution.
The City may also modify the RFQ, no later than 48 hours prior to the date and time fixed for
submission of proposals,by issuance of an Addendum to all parties who have received the RFQ.
All addenda will be numbered consecutively,beginning with 1.
1.4 Notification of Most Current Address
Firms in receipt of this RFP shall notify Clifton Williams, Purchasing Manager, of any address
changes, contact person changes, and/or telephone number changes no later than 48 hours prior
to the date and time fixed for submission of proposals.
1.5 Proposal Preparation Cost
Cost for developing proposals is entirely the responsibility of Offerors and shall not be charged
to City.
1.6 Signature of Proposal
A transmittal letter, which shall be considered an integral part of the proposal, shall be signed
by an individual who is authorized to bind the Offeror contractually. If the Offeror is a
corporation, the legal name of the corporation shall be provided together with the signature of
the officer or officers authorized to sign on behalf of the corporation.
If the Offeror is a partnership, the true name of the firm shall be provided with the signature of
the partner or partners authorized to sign.
If the Offeror is an individual, that individual shall sign. If signature is by an agent, other than
an officer of a corporation or a member of a partnership, a power of attorney or equivalent
document must be submitted to the City Purchasing Department prior to the submission of the
proposal or with the proposal.
1.7 Economy of Presentation
Proposals shall not contain promotional or display materials, except as they may directly answer
in whole or in part questions contained in the RFP. Such exhibits shall be clearly marked with
the applicable reference number of the question in the RFP. Proposals must address the
technical requirements as specified in the RFP. All questions posed by the RFP must be
answered concisely and clearly. Proposals that do not address each criterion may be rejected
and not considered.
1.8 Proposal Obligation
The contents of the proposal and any clarification thereof submitted by the selected Offeror shall
become part of the contractual obligation and incorporated by reference into the ensuing
contract.
1.9 Incorporation by Reference and Precedence
This Agreement is derived from (1) the RFP, written clarifications to the RFP and City's
response to questions; (2) the Contractor's Best and Final Offer, and (3) the Contractor's
response to the RFP.
In the event of a dispute under this Agreement, applicable documents will be referred to for the
purpose of clarification or for additional detail in the following order of precedence:
(1) Amendments to the Agreement in reverse chronological order; (2) the Agreement,including
the Scope of Work; (3)the Contractor's Best and Final Offer; (4)the RFP,including attachments
thereto and written responses to questions and written clarifications; and (5) the Contractors
response to the RFP.
1.10 Governing Forms
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of
any part of this overall document,the City's interpretation shall govern.
1.11 Implied Requirements
Products and services not specifically mentioned in the RFP, but which are necessary to provide
the functional capabilities described by the Offeror, shall be included in the proposal.
1.12 Compliance with RFP Specifications
It is intended that this RFP describe the requirements and the response format in sufficient detail
to secure comparable proposals. Failure to comply with all provisions of the RFP may result in
disqualification.
1.13 Vendor Registration:SAM(System for Award Management)
Vendors doing business with City are required to be registered with The System for Award Management
(SAM),with an"active" status.
The System for Award Management (SAM) is the Official U.S. Government system that consolidated
the capabilities of CCR/Federal Regulations, ORCA, and EPLS. There is NO fee to register for this
site. Entities may register at no cost directly from the SAM website at: https://www.sam.gov
Offerors are strongly encouraged to review their firm's SAM(System for Award Management)
status prior to Proposal Submission_
1.14 Awarded Vendor(s): Submission of FORM 1295 (Texas Ethics Commission)
In accordance with House Bill 1295 (passed January 1, 2016), Vendors entering into contracts and
professional agreements with City will be required to complete a Certificate of Interested Parties
(FORM 1295).
In 2017, the Texas legislature amended the law to require Form 1295 to include an "unsworn
declaration" which includes, among other things, the date of birth and address of the authorized
representative signing the form. The unsworn declaration, including the date of birth and address of the
signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018.
The TEC filing application does not capture the date of birth or street address of the signatory and it will
not appear on forms that are filed using the TEC filing application.
Upon entering into a contract or professional agreement, the City Purchasing
Department will submit a request to the Vendor to both:
1. Submit a FORM 1295 online via the Texas Ethics Commission website link below.
Vendors must enter the required information on Form 1295, and print a copy of the completed form.
The form will include a certification of filing that will contain a unique certification number.
2. Submit a FORM 1295 hard copy (completed & signed by an Authorized Agent of the
Awarded Vendor), to the City Purchasing Department.
FORM 1295, Completion Instructions, and Login Instructions are available via the Texas Ethics
Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
1.15 Emergency/Declared Disaster Requirements
In the event of an emergency or if City is declared a disaster area, by the City, State, or Federal
Government, a contract (executed in response to this Request for Proposal) may be subjected to
unusual usage. Contractor shall service the City during such an emergency or declared disaster
under the same terms and conditions that apply during non- emergency/disaster conditions. The
pricing as specified in the contract shall apply to serving the City's needs regardless of the
circumstances. If Contractor is unable to supply the services under the terms of the contract,
then Contractor shall provide proof of such disruption and a copy of the invoice from
Contractor's supplier(s). Additional profit margin as a result of supplying services during an
emergency or declared disaster shall not be permitted. In the event that additional equipment,
supplies, and materials are required during the declared disaster, additional shipping, handling
and drayage fees may apply.
1.16 Federal Emergency Management Agency(FEMA)
Mandated Contract Clauses
If applicable to the work and services being performed by CONTRACTOR under the parties'
AGREEMENT, the following provisions are adopted and form part of this AGREEMENT:
(A)DAMAGES, 2 CFR§200.326 Appendix II to Part 200(A)
(1) All work to be performed under this AGREEMENT shall be timely commenced. A breach of
this AGREEMENT by Contractor would cause substantial delay in the completion of the required
services affecting the safety and welfare of the public.
(2) In the event of Contractor's breach of its performance obligations, City shall have all rights and
remedies against Contractor as provided by law.
(B) TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B)
Termination for Convenience: Whenever the interests of the City so require, City may terminate the
parties' Agreement, in whole or in part, for the convenience of the City. City shall give Contractor
thirty (30) days prior written notice of termination specifying the portions of the Agreement to be
terminated and when such termination will become effective. If only portions of the parties' agreement
are terminated, Contractor has the right to withdraw from the parties' Agreement, without adverse
action or claims. In the event of a termination for convenience by City, Contractor shall be entitled to ,
payment for all work and services performed by it up to the effective date of such termination.
Termination for Cause: The City may, by written notice of default to Contractor, terminate the parties'
Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the
parties' agreement after a period of ten (10) following Contractor's receipt of a Notice of Deficiency
provided by City.
(C)EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part
200(C))
If applicable to the work and services performed by CONTRACTOR under the AGREEMENT,
during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal
Employment Opportunity Clause (41 CFR 60-1.4(b)):
(1) CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without regard
to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. AGREEMENTOR agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
(3) CONTRACTOR will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other agreement or understanding, a notice to be provided advising
the said labor union or workers' representatives of the CONTRACTOR'S commitments under this
section, and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(4) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of
this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be
canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared
ineligible for further government contracts or federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: provided, however, that in the event CONTRACTOR becomes
involved in,or is threatened with,litigation with a subcontractor or contractor as a result of such direction
by the administering agency the CONTRACTOR may request the United States to enter into such
litigation to protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK"ACT, 2 CFR §200.326 Appen. II
to Part 200(D)
If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT:
(1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see
FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009-2/January
2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR
shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that the contractor and subcontractor must be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected
or reported violations to the appropriate Federal agency.
If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT:
(a) CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements
of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this AGREEMENT.
(b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other
clauses as FEMA may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be
responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract
clauses.
(c) A breach of the AGREEMENT clause above may be grounds for termination of the
AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix H
to Part 200(E) (40 U.S.C. 3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply
with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause
set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States(in the case of work done under contract for the District of Columbia or a territory,to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (I) of this section, in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in paragraph(I)of this section.
(3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph (2) of this section.
(4) The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs
(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR
§200.326 Appendix II to Part 200(F)
If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT
and if the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a) and the
GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the GOVERNMENT must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326
Appendix II to Part 200(G)
CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency(EPA).
CONTRACTOR shall include the foregoing requirements in each subcontract exceeding $100,000.
H.ENERGY EFFICIENCY AND CONSERVATION, 2 CFR§200.326 Appendix II to Part 200(II)
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state
regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. §
6201).
I.DEBARMENT AND SUSPENSION, 2 CFR§200.326 Appendix H to Part 200(I)
(1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.3000.
As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at
2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified(defined at 2 C.F.R. § 180.935).
(2) The CONTRACTOR must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
(3) This certification is a material representation of fact relied upon by GOVERNMENT. If it is later
determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The CONTRACTOR agrees.to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The
CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR§200.326 Appendix II to Part 200(J)
CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose Any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not
provided with the bid response, CONTRACTOR must complete and submit the Certification
Regarding Lobbying Form.
K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 Appendix II to Part 200
(K) and 2 CFR§200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired-
(a) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines
web site, http://www.epa.gov/cpg/.
The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm.
L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS(2 CFR§200.321)
Should the CONTRACTOR subcontract any of the work under this AGREEMENT, CONTRACTOR
shall take the following affirmative steps: place qualified small and minority businesses and women's
business enterprises on solicitation lists; assure that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources; divide total requirements, when
economically feasible, into smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises; establish delivery schedules, where the
requirement permits, which encourage participation by small and minority businesses, and women's
business enterprises; and use the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department of
Commerce.
M.ACCESS TO RECORDS
(1) CONTRACTOR agrees to provide GOVERNMENT, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this AGREEMENT for
the purposes of making audits, examinations, excerpts, and transcriptions.
(2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3)CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives' access
to construction or other work sites pertaining to the work being completed under the contract.
N. SEAL,LOGO AND FLAGS
CONTRACTOR shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials
without specific FEMA preapproval.
O. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT
only. CONTRACTOR will comply will all federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
P.NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or
liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to any matter resulting
from the contract.
Q.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR'S actions pertaining to this contract.
1.17 Evaluation
City reserves the right to use all pertinent information (also learned from sources
other than disclosed in the RFP process) that might affect the City's judgment as to
the appropriateness of an award to the best evaluated Offeror. This information
may be appended to the proposal evaluation process results. Information on a
service provider from reliable sources, and not within the service provider's
proposal, may also be noted and made part of the evaluation file. City shall have
sole responsibility for determining a reliable source. City reserves the right to
conduct written and/or oral discussions/interviews after the proposal opening. The
purpose of such discussions/interviews is to provide clarification and/or additional
information to make an award is in the best interest of City.
1.18 Withdrawal of Proposal
The Offeror may withdraw its proposal by submitting a written request over the
signature of an authorized individual, as described in paragraph 1.6, to the City any
time prior to the submission deadline. The Offeror may thereafter submit a new
proposal prior to the deadline. Modification or withdrawal of the proposal in any
manner, oral or written, will not be considered if submitted after the deadline.
1.19 Minority-Women Business Enterprise Participation
It is the desire of the City to increase the participation of Minority (MBE) and
women-owned (WBE) businesses in its contracting and procurement programs.
While the City does not have any preference or set aside programs in place, it is
committed to a policy of equitable participation for these firms.
1.20 Award
City reserves the right to award this contract on the basis of the Best Offer in
accordance with the laws of Texas, to waive any formality or irregularity, to make
award to more than one Offeror, and/or to reject any or all proposals. In the event
the highest dollar Offeror meeting specifications is not awarded a contract, the
Offeror may appear before City and present evidence concerning his responsibility.
1.21 Ownership of Proposal
All proposals become the property of the City and will not be returned to Offerors.
1.22 Disqualification of Offeror
Upon signing this proposal document, a contractor offering to sell supplies,
materials, services, or equipment to City certifies that the Offeror has not violated
the antitrust laws of this state codified in Section 15.01, et seq, Business &
Commerce Code,or the Federal Antitrust Laws, and has not communicated directly
or indirectly the offer made to any competitor or any other person engaged in such
line of business. Any or all proposals may be rejected if the City believes that
collusion exists among the Offerors.
1.23 Contractual Development
The contents of the RFP and the selected proposal will become an integral part of
the contract, but may be modified by provisions of the contract as negotiated.
Therefore, the Offeror must be amenable to inclusion in a contract of any
information provided (in writing) either in response to this RFP or subsequently
during the selection process.
1.24 Assignment
The selected vendor may not assign, sell, or otherwise transfer this contract
without written permission of the City Manager.
1.25 Contract Obligation
City Manager must award the contract, and the City Judge or other person
authorized by City Commissioners' Court must sign the contract before it becomes
binding on City or the Offeror. Department heads are not authorized to sign
agreements for City. Binding agreements shall remain in effect until all products
and/or services covered by this proposal have been satisfactorily delivered and
accepted.
1.26 Termination
City reserves the right to terminate the contract for default if the awarded vendor
breached any of the terms therein, including warranties of Offeror, or if the Offeror
becomes insolvent or commits acts of bankruptcy. Such right of termination is in
addition to and not in lieu of any other remedies City may have in law or equity.
Default may be construed as, but not limited to, failure to deliver the proper goods
and/or services within the proper amount of time, and/or to properly perform any
and all other requirements to City's satisfaction, and/or to meet all other
obligations and requirements. Contracts may be terminated without cause upon
thirty(30) days' written notice to either party unless otherwise specified.
1.27 Inspections
Page 14 of 34
City reserves the right to inspect any item(s) or service location(s) for compliance
with specifications and requirements and needs of the using department. If a
proposal cannot furnish a sample of a proposed item, where applicable, for review,
or fails to satisfactorily show an ability to perform, the City can reject the Offeror
as inadequate.
1.28 Testing
City reserves the right to test equipment, supplies, material and goods proposed for
quality, compliance with specifications, and ability to meet the needs of the user.
Demonstration units must be available for review. Should the goods or services
fail to meet requirements and/or be unavailable for evaluation, the offer is subject
to rejection.
1.29 Loss,Damage, or Claim
The Offeror shall totally indemnify City against all claims by its employees, agents,
or representatives or personal injury arising from any cause. In addition, the
Offeror shall totally indemnify City against all claims of loss or damage to the
Offeror's and City's property, equipment, and/or supplies.
1.30 Taxes
The contractor and its subcontractors, agents and employees, as the case may be,
will be responsible for the payment of all federal, state and local taxes, and
deposits or contributions imposed or required by law.
1.31 Non Discrimination
The successful offeror will be required to comply with the Americans With
Disabilities Act and with all provisions of federal, state, City and local (if any)
laws and regulations to ensure that no employee or applicant for employment is
discriminated against because of race, color, religion, sex, age, handicap or
national origin.
1.32 Conflict of Interest
The agreement entered into pursuant to this RFP will contain the Contractor's
warranty that, except for bona-fide employees or selling agents maintained by the
Contractor for the purpose of securing business, no person or selling agency has
been employed or retained to solicit this contract upon an agreement or
understanding for commission, percentage or contingency.
Further, the contractor will warrant that no kickbacks, gratuities, or contingency
fees have been paid in connection with this RFP or contract and none has been
promised contingent upon the award of contract. And, will still further warrant that
to its knowledge and best belief, no one being paid under the agreement between
the City and the contractor, is engaged in any activities which would constitute a
conflict of interest with respect to the purposes of said agreement.
Page 15 of 34
1.33 Waiver of Subrogation
Offeror and Offeror's insurance carrier waive any and all rights whatsoever with
regard to subrogation against the City as an indirect party to any suit arising out of
personal or property damages resulting from the Offeror's performance under this
agreement.
1.34 Proposal Submissions During Time of Inclement Weather, Disaster, or
Emergency
In case of inclement weather or any other unforeseen event causing the City to close
for business on the date of a bid/proposal/request for statement of qualifications
submission deadline, the bid/proposal/request closing will automatically be
postponed until the next business day that City offices are open to the public. Should
inclement weather conditions or any other unforeseen event cause delays in courier
service operations, the City may issue an addendum to all known vendors interested
in the project to extend the deadline. It will be the responsibility of the vendor to
notify the City of their interest in the project should these conditions impact their
ability to submit a bid/proposal/statement of qualifications submission before the
stated deadline. The City reserves the right to make the final judgement call to
extend any deadline.
Should an emergency or unanticipated event interrupt normal City processes, and
bid/proposal/statement of qualifications submissions cannot be received by the City
Purchasing Department's office by the exact time specified in the RFP and urgent
City requirements preclude amendment to the RFP, the time specified for receipt of
proposal will be deemed to be extended to the same time of day specified in the
solicitation on the first business day on which normal City processes resume.
Page 16 of 34
REQUEST FOR QUALIFICATIONS
ENGINEERING SERVICES FOR
THE CITY OF PORT ARTHUR
Scope
The City of Port Arthur is seeking engineering services for streets and drainage design. The City requires
design roadway engineers to design improvements to selected streets in the street program and drainage
engineers to improve the overall drainage of the City. Services provided by roadway engineer will be on
an as-needed basis. The City will have selected the streets required for design and based on qualifications
the City will select up to five (5) of the most qualified engineers to design select streets. For the drainage
engineer the services provided will be on an intermittent and on-call basis until a grant has been secured
to develop a Master Drainage Plan for the City. The award up to five (5) roadway engineers and the
drainage engineer will be completed through city council approval then negotiations of contracts will
follow.
- Preparation of plans, specifications, estimates (PS&E), reports, and design for various
projects including grading, drainage, structural, electrical, sewer, water utilities, and storm
drain facilities.
- Obtain sub-consultants for other as needed professional engineering services related to
geotechnical, environmental processes and surveying.
- Attend kickoff and other meetings at the City's request and provide as built plans.
The following are typical design items that the City may request (The statement of Qualifications shall
explain the firm's abilities and qualifications with each of these items):
- Street and Road Improvements
- Master Drainage Plans (City-Wide)
- Parking Lot Design
- Grading, Erosion Control, Drainage Plans
- Storm Drain Underground Utility Plans
- Traffic Control Plans During Construction, including Detours
- Hydrology and Hydraulics Analysis
- Best Management Practices (BMPs)
- Stormwater Pollution Prevention Plans (SWPPP)
- Quantity and Cost Estimates
- Geotechnical Investigations
- Post Construction Services (as-builts)
- Environmental Assessments
- Surveying
- Easement Maps
- Permitting
- Constructability Review
The scope may also include other engineering services to assist the City. All work shall be in accordance
with local, state and federal laws, rules and regulations as applicable. Projects may use local, state or
Page 17 of 34
federal funding. For projects using federal funding, in whole or in part, all federal provisions and
requirements shall be followed as more fully set forth herein.
All plans, specifications, designs, and graphics prepared under the terms of the Agreement with the City
shall be delivered to the City and shall become property of the City. Other work not required by the City,
such as notes, sketches, charts, computations, and other data shall be available upon request to the City
without restrictions or limitations.
The contract(s) will be awarded on the basis of demonstrated competence and professional qualifications
necessary for the satisfactory performance of the services required. There may be interviews for the top
firms. Statements of Qualifications will be reviewed by select City staff members.
If a firm(s) wishes to use sub-consultants not specified in its Statement of Qualifications, prior written
approval must be received from the City. The City may provide the approval after review of the
proposal(s) required for the project. Sub-consultants may be used for work such as geotechnical
investigations, surveying, environmental assessments, or other specialty type task.
Assignment of Work
The City will assign project(s)to any one of the contracted firms as City deems in its best interest. Project
scheduling will be based on a task-to-task basis decided by the City and firm. All work shall be performed
under the direction of a licensed professional engineer registered with the State of Texas. The selected
firm(s) shall provide a scope of work and budget within seventy-two (72) hours of the request by the City
unless otherwise directed by the City. When services are being requested, the City will request additional
information, including project understanding, fee rates for the completion of the tasks, proposed methods,
hours to be spent on tasks, and a schedule including the time needed to complete the tasks. Failure to
submit the requested information by the prescribed time or inability to agree to the terms established by
the City may cause the firm to be rejected and another firm assigned the project.
Funding Sources
The funding sources include but are not limited to: FEMA Public Assistance (PA), FEMA Public
Assistance (PA) 406 Mitigation, FEMA Hazard Mitigation Grants Program (HMGP), CDBG —
Disaster Recovery(DR), CDBG — Mitigation Program (MIT), Texas Water Development Board —
Flood Infrastructure Fund(FIF) , Federal Highway Administration (FHWA), City Funds and any
other state and federal funds unidentified at this time.
Page 18 of 34
The City of Port Arthur requires comprehensive responses to every section within this RFQ. To
facilitate the review of the responses, Firms shall follow the described qualification format. The
intent of the qualification format requirements is to expedite review and evaluation. It is not the
intent to constrain Vendors with regard to content, but to assure that the specific requirements set
forth in this RFQ are addressed in a uniform manner amenable to review and evaluation. his
requested that qualification packets be limited to no more than 50 pages, excluding resumes.
A. EXPERIENCE
1. Provide a profile of experience for the Engineer and all members of the firm. This section shall
include, but not be limited to, the following:
a. Experience of team with Drainage Projects — number of years in field, number of Registered
(Texas) Engineers in firm. Include a brief description of responsibilities and summary
resumes of key professional personnel. Include any specialty certification, which
demonstrates special qualification. State any federal projects. Indicate any additional
personnel your firm would anticipate needing to hire, as required, to take on the work for
which this response is requested.
b. Experience of firm with Drainage Projects - number of years in existence and number of
employees. Include a brief overview of the accomplishments of the firm. Included the
number of federal procurement jobs and duties. Provide office location where each phase of
this work will be accomplished. Include names, titles, work addresses, and work telephone
numbers of the responsible corporate officer(s) in the proposed office location.
c. Knowledge of City of Port Arthur Drainage System — Include a brief overview of the Firm's
knowledge of the four drainage systems. State any knowledge of the current condition of the
systems. State any previous experience with the four drainage systems. State any experience
with similar size projects in other areas.
B. PAST PERFORMANCE
1. Identify and describe the proposed Team's past experience for providing services that are most
related to Drainage Projects within the past ten (10) years. For each project, provide the following
information.
a. Project name, location, and description
b. Initial project and projected time for completion
c. Final project cost and time for completion
d. The Engineer's name and representative who served as the day-to-day liaison during each
phase of the project (include telephone number)
2. Identify and describe the proposed Team's past experience on drainage projects
3. Identify and describe the proposed Team's past experience working with municipalities on federal
projects.
4. Identify and describe the proposed Team's past experience working in Port Arthur or surrounding
areas.
Page 19 of 34
C. PROJECT APPROACH
1. Provide a brief description of the firm's plan for accomplishing the work and services to be
provided to the City including,but not limited to:
a. Bar schedule of activities for the entire project
b. Technical approach to each phase of work.
c. Indicate which team member will participate in each area of the work for both the lead firm
and any sub-contractors.
2. Briefly describe the firm's approach to anticipating, recognizing and controlling safety risks.
3. Provide any other details regarding special services, products, advantages or other benefits offered
to the Owner by your firm.
4. Describe your plan for communicating constructability, phasing, value engineering, and other
issues requiring decision-making by the Owner.
D. MINORITY BUSINESSES
Is there a plan to utilize small and minority businesses, women's business enterprises, and labor
surplus area firms. Also should include a method of tracking the use of these firms and supply this to
the City. Contractors can state what percentage of work will be provided by minority firm.
• HUBS are sufficient for local and state projects.
• DBEs are preferable for federal projects.
Page 20 of 34
SELECTION PROCESS
All applications will be screened by an evaluation committee and those applicants selected for a short list
may be invited to attend an interview, at the applicants own expense. The City shall not incur any costs
for applicant preparation and/or submittal of qualifications.
The City will evaluate all responses based on the qualifications, past performance and project approach.
The City reserves the right to negotiate the final fee prior to recommending any Firm for a contract.
The City's process is as follows:
1. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100 point scale and shall be based on the following criteria:
a. Experience (Total) 60 pts
a-1. Experience of Firm and Personnel 40 pts
• Experience with Drainage systems of this size
• Experience with FEMA or federal projects
• Knowledge and credentials of the personnel assign to this project
• Three Reference of Previous Projects
a-2. Knowledge of Port Arthur Drainage System 20 pts
• Must show a knowledge of the condition or have experience the four Port
Arthur drainage systems
b. Project Approach .35 pts
c. Minority Businesses 5 pts
Total ....100 pts
2. City staff shall recommend the most qualified Engineering firm.
3. When services and fees are agreed upon, the selected firm shall be offered a contract subject to
City Council approval.
4. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the
preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in
preparing for, traveling to and attending interviews.
Page 21 of 34
LETTER OF INTEREST
RFQ—Engineer for Street& Drainage Projects
Deadline: December 8, 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) for Civil
Engineers for the City of Port Arthur
Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following:
❖ COMPLETED RFQ LETTER OF INTEREST FORM
❖ BUY AMERICA CERTIFICATION
•:• CERTIFICATION REGARDING LOBBYING
❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED)
❖ AFFIDAVIT (MUST BE NOTARIZED)
❖ CONFLICT OF INTEREST
❖ HOUSE BILL 89 VERIFICATION
❖ SB 252CHAPTER 2252 CERTIFICATION
❖ MBE DOCUMENT
Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject
any responses submitted.
Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in
this process will be borne solely by the firm, and that the required materials to be submitted will become
the property of the City and will not be returned.
Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete
statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of
interest and making the RFQ submittal.
This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas.
Firm Name Date
Authorized Signature Title
Name(please print) Telephone
Address City/State/Zip
Email
Page 22 of 34
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
The undersigned[Contractor]certifies, to the best of his or her knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions[as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act
of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
[Note:Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
Page 23 of 34
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
§
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to
any competitor or any other person engaged in the same line of business, nor has the signatory or anyone
acting for the firm, corporation or institution submitting a bid committed any,other act of collusion related
to the development and submission of this bid proposal.
Signature:
Printed Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf
of said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 24 of 34
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized
officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree
to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become
due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter
into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become
due.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20 .
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 25 of 34
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
Jn
I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
' 1 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.)
Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer;as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
nYes nNo
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?
nYes nNo
Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J
ITCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!3012015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity:
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income. other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer.one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity:or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11130.2015
Page 27 of 34
SB 252
CHAPTER 2252 CERTIFICATION
I, , the undersigned an representative
of
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter
2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of companies that are identified
under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-
named company enter into a contract that is on said listing of companies on the website of the
Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Port Arthur Purchasing Department.
Name of Company Representative(Print)
Signature of Company Representative
Date
Page 28 of 34
House Bill 89 Verification
I, (Person name), the undersigned representative
(hereafter referred to as "Representative") of
_ (company or business name, hereafter referred to as "Business
Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the
undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas Government
Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory,but does not include an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of
, 20_
Notary Public
Page 29 of 34
THURMAN BILL BARTIE,MAYOR City of RONALD BURTON
HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER
COUNCIL MEMBERS: z SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. o r t r t It rr r CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW IH ' ' VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK
MBE DOCUMENT
By signing this document the contractor is acknowledging that if a subcontractor is required the following
will be done to make a good faith effort to hire a minority business (HUB or DBE).
1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on
solicitation lists. 2 C.F.R. § 200.321(b)(1).
2. Solicitations. Must assure that it solicits small and minority businesses and women's business
enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2).
3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses and women's
business enterprises. 2 C.F.R. § 200.321(b)(3).
4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. §
200.321(b)(4).
5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce. 2 C.F.R. § 200.321(b)(5).
(printed name of signatory)
(signature and date)
Page 30 of 34
GENERAL INFORMATION:
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form
CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons
doing business or seeking to do business with the City of Port Arthur, including affiliations and business
and financial relationships such persons may have with City of Port Arthur officers. The form can be can
be located at the Texas Ethics Commission website:
https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response
to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the
Texas Local Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the
manner in which you must comply,you should consult an attorney.
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive
access to governmental procurement by responsible contractors. Moreover, they should conduct
themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's
procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the
City's Code of Ethics.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder
must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following
requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O.
Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods
or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,
Chapter 2251 of Texas Government Code, as amended. The City's standard payment terms are net 30, i.e.
payment is due 30 days from the date of the invoice.
Page 31 of 34
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal
Excise Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance of
work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection with
the planning and carrying out of the program, shall have any personal financial interest, direct or indirect,
in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the
City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving
assessments or any money to the City until such debts are paid or until satisfactory arrangements for
payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of Port
Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required
by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read
and enforced as though each were included herein. If, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted the Contract shall be amended to make such insertion on
application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the work
required by this Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the
option of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Page 32 of 34
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal fmancial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this
contract by giving written notice to the Contractor of such termination and specifying the effective date
thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by
virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the
Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the
Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at
least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as
provided herein, the Contractor will be paid for the service that it has performed up to the termination
date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to
termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying material or
service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary
to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion and
final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit
any sub-contractor to perform any work included in this Contract until he has received from the City of
Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase,
maintain and keep in force insurance that will protect against injury and/or damages which may arise out
of or result from operations under this contract, whether the operations be by himself or by any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers,
agents, and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or$500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury$1,000,000 single limit per occurrence or$500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
Page 33 of 34
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired
vehicles coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and$100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy numbers,
effective dates and expiration dates) and to date and sign and do all other things necessary to complete
and make into valid certificates of insurance and pertaining to the above listed items, and before
commencing any of the work and within the time otherwise specified, Contractor shall file completed
certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except
as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision
that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen
(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the
City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors
and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after
execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such
period,the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
Page 34 of 34
EXHIBIT B
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EXHIBIT C
City of
ort rthur
City of Port Arthur
Engineering Services for Street Projects
Rankings
P22-013
Ranking Firm
1 The Solco Group
2 EJES, Inc.
3 PGAL
4 DEC
5 Zarinkelk