HomeMy WebLinkAboutPR 22612: AGREEMENT WITH TRAYLOR AND ASSOCIATES, INC. City of
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Texas
INTEROFFICE MEMORANDUM
Date: July 5, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pam Langford, Development Services Manager
RE: P. R. #22612
Introduction:
The intent of this Agenda Item is to seek the City Council's approval of P. R. #22612 to
execute an agreement with Traylor and Associates, Inc. for the administration of the
Department of Commerce's Economic Development Administration (EDA) Downtown
Communications Infrastructure Grant in an amount not to exceed $200,000; Account# 307-
25-067-8525-00-10-000; Project#DT0003.
Background:
The Department of Commerce's Economic Development Administration(EDA) approved the
City's application for a$3,000,000 EDA investment to complete the Downtown
Communications Infrastructure project. The City of Port Arthur will contribute $777,000 to the
project.
Traylor and Associates will be responsible for administering the grant according to the scope of
services in the Professional Services grant agreement.
Budget Impact:
Funding will come from a grant from the Department of Commerce's Economic Development
Administration.
Recommendation:
It is recommended that City Council approve P. R. #22612.
P.R.No.22612
05/31/2022 M.Essex
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH TRAYLOR AND ASSOCIATES, INC. FOR THE
ADMINISTRATION OF THE DEPARTMENT OF COMMERCE'S ECONOMIC
DEVELOPMENT ADMINISTRATION (EDA) DOWNTOWN
COMMUNICATIONS INFRASTRUCTURE GRANT IN AN AMOUNT NOT TO
EXCEED $200,000; ACCOUNT#307-25-067-8525-00-10-000; PROJECT#DT0003.
WHEREAS, the U.S. Department of Commerce's Economic Development
Administration (EDA) approved the City's application for a $3,000,000 EDA investment to
complete the Downtown Communications Infrastructure project; and,
WHEREAS, pursuant to Resolution No. 21-266, the City Council authorized the
acceptance of the EDA Grant in the amount of$3,000,000,with$777,000 contribution by the City
for a total project grant of$3,777,000; and
WHEREAS, the Purchasing Division of the Finance Department advertised for requests
for proposals in the Port Arthur News on March 12,2022,and March 19,2022,with two proposals
being received on April 6, 2022; and,
WHEREAS,the most responsive proposal was submitted by Traylor and Associates, Inc.
of Tyler, Texas (tabulation with a description of items attached hereto as Attachment "A"); and,
WHEREAS, it is in the best interest of the City of Port Arthur to enter into an agreement
with Traylor and Associates in substantially the same form as attached hereto as Exhibit`B";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 Manager is hereby authorized to execute an agreement with Traylor and
Associates (attached as Exhibit `B") for the administration of the Economic Development
Administration(EDA)Downtown Communications Infrastructure project for the not to exceed the
amount of$200,000; Account#307-25-067-8525-00-10-000; PROJECT#DT0003; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of
July, A. D. 2022 at a meeting of the City of Port Arthur,
Texas by the following votes:
AYES:
COUNCILMEMBERS:
NOES:
THURMAN "BILL" BARTIE
MAYOR
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED FOR ADMINISTRATION:
RONALD BURTON,
CITY MANAGER
APPROVED AS TO FORM:
3A g"P fb
VALECIA ZENO,
CITY ATTORNEY
PAMELA LANGFORD,
ASSISTANT CITY MANAGER- ADMINISTRATION
el ,
CLIF#
WILLIAMS
PURCHASING MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
IcA.,,_ n ,_, _..0
KANDY 46EL,
INTERIM DIRECTOR OF FINANCE
S:\grants2\Fiber Optics Grant\CONTRACT WITH TRAYLOR AND ASSOCIATESRevised.docx
ATTACHMENT "A"
City of Port Arthur
Grant Administrator for Downtown Fiber Optics Project
Agenda Totals
P22-038
Weight Jquad Planning Group Traylor& Associates
Plano, TX Tyler, TX
Experience 75 68 74
Project Approach 90 79 87
Complete Submittals 135 126 124
Total 300 273 285
YoI m ola Sc io —Gow0(ecUQ' 5/27/2022
Yolanda Scypion-Goudeaux, Purchasing Assistant Date:
EncrK y
City of. Citf
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Texas
ATTACHMENT "B"
PROFESSIONAL SERVICES
PART I—AGREEMENT
THIS AGREEMENT, entered into this 6th day of July 2022, by and between the City of Port
Arthur, hereinafter called the"City",acting herein by its City Manager hereunto duly authorized,and
Traylor and Associates,Incorporated hereinafter called"Firm,"acting herein by President/COO.
WITNESSETH THAT:
WHEREAS,the City of Port Arthur desires to implement a contract under the general direction of
the Port Arthur City Council;and whereas the City desires to engage Traylor and Associates,
Incorporated to render certain services in connection with its management of this project.
NOW THEREFORE,the parties do mutually agree as follows:
1. Scope of Services
Part II,Scope of Services,is hereby incorporated by reference into this Agreement.
2.Time of Performance-The services of the Firm shall commence on July 6,2022. In any event,all
of the services required and performed hereunder shall be completed no later than June 16,2026.
3.Access to Information-It is agreed that all information,data,reports and records and maps as are
existing,available and necessary for the carrying out of the work outlined above shall be furnished to the
Firm by the City and its agencies.No charge will be made to Firm for such information and the City
and its agencies will cooperate with the Firm in every way possible to facilitate the performance of the
work described in the Agreement.
4.Compensation and Method of Payment-The maximum amount of compensation and reimbursement
to be paid hereunder shall not exceed $200,000. Payment to Firm shall be based on satisfactory
completion of identified milestones in Part III - Payment Schedule of this Agreement, which is hereby
incorporated by reference into this Agreement.
5. Indemnification — The Firm shall comply with the requirements of all applicable laws, rules and
regulations, and shall exonerate, indemnify, and hold harmless the Lit and its agency members from
and against them,and shall assume full responsibility for payments of Federal, State and local taxes-on
contributions imposed or required under the Social Security, workers compensation and income tax
laws.
6. Miscellaneous Provisions
a.This Agreement shall be construed under and accord with the laws of the State of Texas,and
all obligations of the parties created hereunder are performable in Jefferson County,Texas.
b. This Agreement shall be binding upon and insure to the benefit of the parties hereto and
heir respective heirs, executors, administrators, legal representatives, successors and assigns
where permitted by this Agreement.
c.If 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, such invalidity, illegality, or
unenforceability, shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.All other terms hereof shall remain in full force and effect.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement,the prevailing party shall be entitled to reasonable attomey's fees,costs,and
necessary disbursements in addition to any other relief to which such party may be entitled.
e.This Agreement may be amended by mutual agreement of the parties hereto and a writing
to be attached to an incorporated into this Agreement.
7. Terms and Conditions-This Agreement is subject to the provisions titled, "Part IV Terms and
Conditions"and attached hereto and incorporated by reference herein.
IN W I TNESSETH HEREOF,the parties have hereunto set their hands and seals.
CITY OF PORT ARTHUR FIRM
BY: BY:
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PART II
PROFESSIONAL MANAGEMENT SCOPE OF SERVICES
The Firm shall provide the following scope of services:
A. Project Management
1. Develop a recordkeeping and filing system consistent with program guidelines.
2. Maintenance of filing system.
3. Provide general advice and technical assistance to City personnel on implementation of the
project and regulatory matters pertaining thereto.
4. Assist in the procurement of professional consulting engineering services through the request
for proposal process,if applicable,and as required by the Department/Agency regulations.
5. Furnish City with necessary forms and procedures required for implementation of project.
6. Assist the City in meeting alai special award condition requirements that may be stipulated in
the Financial Assistance Award between the City and Department/Agency.
7. Prepare and submit to Department/Agency documentation necessary for amending the
Contract.
8. Conduct re-assessment of environmental clearance for any program amendments.
9. Prepare and submit quarterly progress reports.
10. Prepare Recipient Disclosure Report form for City signature and submittal.
11. Establish procedures to document expenditures associated with local project administration.
12. Provide guidance and assistance to City regarding acquisition of property as detailed in Section
D below.
B. Financial Management
1. Assist the City in proving its ability to manage the Department/Agency financial assistance
funds to the state's audit division.
2. Assist the City in establishing and maintaining a bank account(Direct Deposit account)and/or
separate local bank account,journals and ledgers.
3. Assist the City in submitting the required Accounting System Certification letter,Direct
Deposit Authorization Form(if applicable),and/or Depository/Authorized Signatory form to
Department/Agency.
4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly,timely payments
to all contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation.
6. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters
7. Assist the City in establishing procedures to handle the use of any Department/Agency
program income.
C. Environmental Review
1. Prepare appropriate environmental review document, including possibly an
environmental assessment.
2. Coordinate environmental clearance procedures with other federal or state agencies and
interested parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re-assessment of environmental review document.
5. Ensure compliance with Executive Order 11988 for projects in the flood plains,as amended
by Executive Order 13690.
6. Prepare Request for Release of Funds and certifications to be sent to Department/Agency.
D. Acquisition
1. Prepare and submit required reports concerning acquisition activities,including those related
to acquisitions of real property,to Department/Agency.
2. Obtain documentation of ownership for City-owned property and/or rights-of-way.
3. Maintain a separate acquisition file for each parcel of real property acquired.
4. Determine necessary method(s)for acquiring real property.
5. Prepare correspondence with property owners for the City's signature to acquire the property
or to secure an easement or right-of-way.
6. Assist City in negotiations with property owner(s).
7. Maintain property management register for property/equipment purchased/leased.
8. Assist the City in executing and properly recording any titles acquired and any
mortgages, deeds of trust,or covenants required to secure any Department/Agency
interest in the property.
9. Serve as liaison for the City during any monitoring visit by Department/Agency staff.
E. Construction Management
1. Establish procedures to document expenditures associated with local construction of the
project(if force account is applicable):
• Assist City in determining whether and/or what Department/Agency contract activities
will be carried out in whole or in part via force account labor.
• Assist City in determining whether or not it will be necessary to hire temporary
employees to specifically carry out Department/Agency contract activities.
• Assist City in maintaining adequate documentation of personnel,equipment and
materials expended/used and their costs.
2. Assist City in documenting compliance with all federal and state requirements related to
equal employment opportunity.
3. Assist City in documenting compliance with all federal and state requirements related to
minimum wage and overtime pay requirements.
4. Provide assistance to or act as local labor standards officer.
5. Notify Department/Agency in writing of name,address, and phone number of
appointed labor standards compliance officer.
6. Request wage rates from Department/Agency.
7. Provide all applicable equal opportunity provisions and certifications for inclusion in
bid packet.
8. Provide sample Department/Agency contract documents to engineer.
9. Advertise for bids.
10. Make ten-day call to Department/Agency.
11. Verify construction contractor eligibility with Department/Agency.
12. Review construction contract.
13. Conduct pre-construction conference and prepare minutes.
14. Submit any reports of additional classification and rates to Department/Agency.
15. Issue Notice of Start of Construction to Department/Agency.
16. Review weekly payrolls, including compliance follow-ups.
17. Conduct employee interviews.
18. Process and submit change orders to Department/Agency prior to execution.
19. Obtain Certificate of Construction Completion/Final Wage Compliance Report and
submit to Department/Agency.
20. Provide general advice and technical assistance to City personnel on implementation of
project and regulatory matters.
F. Relocation(if applicable)
1. Interview relocatees and identify assistance needs.
2. Maintain a relocation record for each individual/family.
3. Provide education/assistance to relocatees.
4. Issue appropriate notices to relocatees.
5. Ensure that all payments are made in a timely manner.
6. Prepare and submit local relocation guidelines to Department/Agency for approval.
7. Assist City in identifying individuals to be relocated and prepare appropriate notices.
G. Audit/Closeout Procedures
1. Prepare the Final Acceptance Report for appropriate signatures to submit to the
Department/Agency.
2. Assist City in resolving any monitoring and audit findings.
3. Assist City in resolving any third party claims.
4. Provide auditor with Department/Agency audit guidelines.
PART Ill
PAYMENT SCHEDULE
PROFESSIONAL MANAGEMENT SERVICES
City shall reimburse Traylor and Associates for management services
provided for completion of the following project milestones per the following percentages of the
maximum contract amount:
°A)of
Milestone Contract Fee
• Establishment of recordkeeping system 10%
• Completion of environmental/other Special Award Conditions 10%
• Completion of all acquisition activities 10%
• Completion of the bid/contract award process 20%
• Financial and progress reporting requirements 10%
• Labor Standards compliance/construction completion 30%
• Filing of all required closeout information 10%
Total 100%
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THURMAN BILL BARTIE,MAYOR J RONALD BURTON
DONALD FRANK,SR.,MAYOR PRO TEM Energy
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City of CITY MANAGER
COUNCIL MEMBERS: •,I IL 1,\@ 1, SHERRI BELLARD,
TRMC c�
INGRID HOLMES n r l r t It a CITY SECRETARY
CAL JONES KI THOMAS NLAW III Tee VAL TIZENO
KENNETH MARKS CITY ATTORNEY
CHARLOTTE MOSES
March 22, 2022
REQUEST FOR PROPOSAL
GRANT ADMINISTRATOR FOR DOWNTOWN FIBER OPTICS PROJECT
DEADLINE: Sealed proposal submittals must be received and time stamped by 10:00 a.m.,
Central Standard Time, Wednesday, April 6, 2022. (The clock located in the City Secretary's
office will be the official time.) All proposals received will be read aloud at 10:15 a.m. on
Wednesday, April 6, 2022 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: P22-038
DELIVERY ADDRESS:Please submit one(1)original and three(3)exact duplicate copies and
USB 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 ivritin2 to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4w Street I Port Arthur,Texas 77641 1409.983.8160 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.
Cliozz>/p Gl)zig,.a.hus-
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 29
REQUESTS FOR PROPOSALS
GRANT ADMINISTRATOR FOR DOWNTOWN FIBER OPTICS PROJECT
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY
RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will
be reinstated upon request.
In the event you desire not to submit a bid,we would appreciate your response regarding the
reason(s).Your assistance in completing and returning this form in an envelope marked with
the enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State,Zip Code: Date:
Page 3 of 29
Request for Proposal
Specifications
The City requires a contractor to work on the City behalf with the EDA to ensure we meet their
procurement requirements. Below are the services we are requesting. The services will be
approximately two years.
1. To coordinate with the utility entities and Engineering Firm for the underground relocation of
all existing overhead wires carrying any electrical energy and/or communication signals
including,but not limited to,telephone, cable television, fiber optics and electrical power, in
the downtown target area.
2. To coordinate that all such existing overhead facilities be relocated underground as soon as
practicable in accordance with EDA requirements.
3. Timely submit all documents for EDA Approval as required by EDA.
4. Provide project quarterly reports to EDA thru duration of project Provide project quarterly
reports to the City Manager.
5. Receive project invoices from Engineering Firm and Subcontractor and submit to City
Financial Department for submittal to EDA for City project reimbursement.
Experience
A. State previous knowledge of City of Port Arthur downtown infrastructure.
B. State previous experience with government entities.
C. State previous experience with EDA grants.
Technical Approach & Methodologies
The proposal should include the proposer's understanding of the process required and what
knowledge and skills the proposer brings to this project. State your approach on working with the
City.
Cost
Please state all fees and cost for this project.
EVALUATION AND SELECTION PROCESS
All proposals will be screened by an evaluation committee and those proposers selected for a short
list may be invited to attend an interview, at the proposer's own expense. Any invitation for an oral
presentation will be solely for the purpose of clarifying proposals received from each qualifying
proposer, and will not represent any decision on the part of the evaluation committee as to the
selection of a successful proposer.
The City will evaluate all responses based on the experience,qualifications,project approach,price,
and quality of response. The City reserves the right to negotiate the final fee prior to recommending
any Vendor for a contract.
The City's process is as follows:
Page 4 of 29
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:
1. Experience (25 points)
2. Technical Approach & Methodologies (30 points)
3. Cost(45 points)
B. The evaluation committee shall recommend the most qualified firm to the City Council
for approval and will offer a contract based on services and fees as agreed upon.
C. Prior to the approval of an award, no evaluation committee member shall disclose any
information regarding the committees' decision.
D. This RFP 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.
The 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 proposer. This information may be appended to the proposal evaluation
process results.
Page 5 of 29
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.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.
Page 6 of 29
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.
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.: Finance, P.O.
Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30
days from the date of the invoice.
SALES 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. 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.
Page 7 of 29
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
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.
Page 8 of 29
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,
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
Page 9 of 29
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.
DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters
into a contract with the City, meeting the conditions according to Texas Local Government Code
Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not
required unless there is a contract between the vendor and the City of Port Arthur. Do not
submit this form unless you receive an award letter from the City.
PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public
Information Act(Texas Government Code Chapter 552.001,et seq.)and all other governing statutes,
regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not
available for public inspection until after the contract award. If the Proposer has notified the City,
in writing, that the Proposal Document contains trade secrets or confidential information, the City
will generally take reasonable steps to prevent disclosure of such information, in accordance with
the Public Information Act.This is a statement of general policy only,and in no event shall the City
be liable for disclosure of such information by the City in response to a request, regardless of the
City's failure to take any such reasonable steps, even if the City is negligent in failing to do so.
PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract
Award Process: An award of a contract to provide the goods or services specified herein will be
made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local
Government Code and with the City's purchasing policy. The City will evaluate all proposals to
determine which offerors are reasonably qualified for the award of the contract, applying the
anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of
Services. A variety of factors may be used in the evaluation of the submitted proposals for this
project.The City may, at its option,conduct discussions with or accept proposal revisions from any
reasonably qualified proposer.Discussions may not be initiated by offerors. These discussions will
be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor
at deviating from the issues and topics to discuss other issues and topics concerning the
Proposal brought forth by the City of Port Arthur shall be grounds for disqualification.
Page 10 of 29
Vendors shall not contact any City of Port Arthur personnel during the proposal process without the
express permission from the City's Purchasing Manager.
AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of
clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall
be construed in the favor of the City.
ADDITIONAL INFORMATION: City may request any other information necessary to
determine Proposer's ability to meet the minimum standards required by this RFP.
Page 11 of 29
RETURN WITH PROPOSAL
1. Proposal Information Yes
2. Letter of Interest Yes
3. Affidavit Yes
4. Conflict of Interest Questionnaire Yes (Write NA if no conflict)
5. Non Collusion Affidavit Yes
6. Federal Clauses (1-12) Yes
Page 12 of 29
APPENDIX A
LETTER OF INTTEREST
RFP—GRANT ADMINISTRATOR FOR DOWNTOWN FIBER OPTICS PROJECT
Deadline: April 6,2022
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 Disaster Preparedness Consultant Services for the City of Port Arthur,TX. Enclosed,
and by this reference incorporated herein and made a part of this RFP,are the following:
❖ Proposal including Appendix E
❖ Letter of Interest
❖ Affidavit
• Conflict of Interest Questionnaire(If It Applies)
❖ Non Collusion Affidavit
❖ Federal Clauses(I-12)
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.
Gary R. Traylor&Associates, Inc. March 30, 2022
Firm Name Date
201 Cambridge Rd.; Tyler, TX 75703/ P.O. Box 7035, Tyler; TX 75711
Address City/State/Zip
79 President& Chief OperatingOfficer
Authorized Signatu
Title
Mark Taylor (903) 581-0500
Name(please print) Telephone
mark.taylor@grtraylor.com
Email
Page 13 of 29
45
APPENDIX B
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:
X 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.
Gary R_Traylor&Associates, Inc. March 30,2022
Finn Name Date
201 Cambridge Rd., Tyler, TX 75703 f P.O. Box 7035, Tyler, TX 75711
Address City/State/Zip
7 President& Chief Operating Officer
Authorized Signatur Title
Mark Taylor (903)581-0500
Name(please print) Telephone
mark_taylor@grtraylor.corn
Email
.tiz`' u s CFfRISTEL KIKER
STATE: Texas =r =fWotary Public.State Texas
y-�.,.„s`,,r rr Comm.Expises 08-16-2a24
COUNTY: Smith ''�. Notary ID 129081007
SUBSCRIBED AND SWORN to before me by the above named Mark Taylor
on this the 30 day of March .2022
( 1kccA 111
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE PROPOSAL
Page 14 of 29
47
APPEtiDIX C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This quesdemalre reflects changes made to the taw by H.H.23,eeth Leg_Regular session. CFRCE USE ONLY
This maisiorartai,e is teeny bed arvdarxs with Claimer 176 Local Csurarrms+7 Code by a vide *C
alvrm
has a hornets�eta,Orffivq as detned bySecton 176001(1-a)with a ocai corervrental entty and to
rn p=ecsvec
vwmu aeries'ewrarer:d Jnder Sector 1760064a;
ey tare els rtesitoreere rust be tied sat,1-a-.fords acineresirator cd ass coca:yoe creme a.witty as tie,
than ere T burana a day the be due the vendor beecrves aware of tarots tmr mbar.Y'ss sealenwex arc be
lied See Section t'A.0064s1;Sad UorarwroY Code
A vendor commits an°fuzee t t'vi ra^Aor booing*viola ors Sector:76 306 Lad G rend t,Code M.
°Amore curer!its sect rr es a rtx:Crn+aan:r
Mann of vendor litho has a 6w nose relationship with lord Qavertane rn l only.
Gary R. Traylor&Associates. Inc.
al El
Check this box if*snare cling art update te apreaiotafy tiled qusestiotwte`o.(The tar rethrires that you flue an updated
car nsleted quesacar-rasre riti the app;o;riale it.ng a.ohoc.rsrx net than the 70,busi-wee day after Ite date or,wh sY1
became aware tea 3se origeraty Med quesfierr.surf "compete Or Inaccurate.!
lheve of load government officer about whore tie istfernwtot beta,- -eased.
-an. Officer
4.1 Describe taxis solord spg..m.nt nr ai^�-b-*.Host r elsio s •lath t teasl government officer,ar a Parody-member of the
officer as da srets^,d ten Socotra:.11*0, ^n MOO tit . be ash way relskonseng with Ow tonal g1600rsnmeef officer.
Complete subparts A and 0 ter each eauSo,. -,one. lab: ..loticiescribect Attach Sclontrarra beads to bba Form
QC as rhecesaewp
A is the local goverment Orion or a ta-rl fy re°r'oe•of the officer recuwirtg or Nicely to receive taxable roatse.
ore(Man investment t ncseee torn the venCfor'7
;1 Yes I 6
Sc
E xe vernr receiving or'brob p tece rare some..caber Iran evenness ncorne horn or at lie anchor
of the loos govenarten officer or a taw*a earber et/se effacer ANC the manna income 5 ed receivec burr the
Wets governmental'ew'ty7
d"e r
•
Li Dennis:each s:a business relat
erey[oye.ara adiD tot the vendor reamed in Section t saairreerins with a oarpaesatom err
other business entity with rasps to which tare loch government officer saves as an office or director,or bokla are
ownership ireeroof of ass wows or more.
111
Check trio tics-I tie vendor has gears ice teal government cf5cer or a`arney member of the atom ore or rose gra
as described in Seders 17S 0E3fa)(2)0S:excluding gels described in Sectors 1715003(a-1).
Mardi 30,2022
5:0*ams a senior +.7.OusS-Niss rah ;ern-n.'canta arri'l j Caw
Form provided by Tows cocks Carwisammn awvr emus Stara Or us Ftaaesec'sail a?5
Page 15 of 29
49
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:l/www.statutes.legis.state.tx.usi
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship'means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,slate,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 A 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,ur a fancily I'embet of the officer,described by Section 170.000(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids,correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www ethics state tx.us Revised 11/30/2015
Page 16 of 29
50
APPENDIX D
CITY OF PORT ARTHUR,TEXAS
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS §
By the signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for the
firm bidding this project has violated the antitrust laws of this State, codified at Section
15.01, et seq.; Texas Business and Commerce Code, or the Federal antitrust laws, nor
communicated directly or indirectly the bid made to any competitor or any other person
engaged in the same line of business, nor has the signatory or anyone acting for the firm,
corporation or institution submitting a bid committed any other act of collusion related to
the development and submission of this bid proposal.
Signature:
Printed Name.
Printed
Name: Mark Taylor _
Title. President& Chief Operating Officer
Company Gary R. Traylor&Associates. Inc.
Date. March 30,2022
SUBSCRIBED and sworn to before me by the above named Mark Taylor on this
the 30 day of March 20 22
VAA3±X-( 4 i&%1
Notary Public in and for the
State of Texas
My commission expires:
ofwgi® CHRISTEL KIKER
,Apscr
_} ,.Notary Public,State of Texas
Pa a 17 of 29 ="1- Comm. Expires 08-16-2024
g �,; ,�
�,reeee«� Notary ID 129091007
51
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract. absent
the express written consent by the Federal Government. the Federal Government is not a party to
this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor. or
any other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
Match 30.2022
(signature and date
Page 19 of 29
53
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
31 US.C. 3801 et seq.
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements."
apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes.
it may make, or causes to be made, pertaining to the underlying contract for which this contract
work is being performed. In addition to other penalties that may be applicable.the Contractor further
acknowledges that if it makes..or causes to be made.a false_fictitious,or fraudulent claim,statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
March 30,2022
(signature and daUhr
Page 20 of 29
55
3.ACCESS TO RECORDS AND REPORTS
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide the City of Port Arthur, the EDA Administrator. the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this contract
for the purposes of making audits,examinations, excerpts, and transcriptions.
(2) The 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) The contractor agrees to provide the EDA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the contract"
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
March 30,2022
(signature and
Page 21 of 29
57
4. EQUAL EMPLOYMENT OPPORTUNITY
29 CFR Part 1630, 41 CFR Parts 60 et seq.
During the performance of this contract.the contractor agrees as follows:
(I The contractor will not discriminate against any employee or applicant for employment because of race. color.
religion_sex.or national origin.The 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.The contractor 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) The 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)"I he contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract 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 s The 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)The 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,or pursuant thereto,and will permit access to his books,
records,and accounts by the administering agency and the Secretary of Labor for purposes 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 contract or with any of the
said rules, regulations.or orders, this contract 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 as
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)The contractor will include the portion of the sentence immediately preceding paragraph(I)and the provisions of
paragraphs(I) 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 vendor_ The 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 a contractor becomes involved in.or is threatened
with. litigation with a subcontractor or vendor 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 interests of the United Stales.-
Mark Taylor: President& Chief Operating Officer
(printed name of signatory)
March 30. 2022
(signature and d
Page 22 of 29
59
5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT
By signing and submitting its bid or proposal. the bidder or proposer agrees to comply with the
following:
(I)This contract 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 ofthe 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(insert name of subrecipient).
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 (name of state agency serving as
recipient and name of subrecipient). the Federal Government may pursue available remedies,
including but not limited to suspension andfor debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer.The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
March 30.2022
(signature and da
Page 23 of 29
61
6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
29 CFR 4 5.5(b)
(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-half times 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 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 (1)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 Owner 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)Subcontracts -Contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs(I)through(4)of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1)through (4)of this section.
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
March 30.2022
(signature and date)
Page 24 of 29
63
7. LOBBYING
Byrd Anti-Lobbying Amendment. 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of$100,000 or more shall file 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 shall 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 recipient.
APPENDIX A, 44 C.F.R. PART 18—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, that:
l) 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 influencing or attempting to influence 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.
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. § (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to 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.
Page 25 of 29
65
8.CLEAN AIR
42 U.S.C. §7401 et seq.
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act. as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each
violation to the Owner and understands and agrees that the Owner will, in turn,report each violation
as required to assure notification to the State of Texas, Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
Contractor also agrees to include these requirements in each subcontract exceeding $150.000
financed in whole or in part with Federal assistance provided by FEMA.
Mark Taylor, President&Chief Operating Officer
(printed name of signatory)
March 30,2022
(signature and date)
9.CLEAN WATER REQUIREMENTS
33 U.S.0 1251 et seq.
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to
report each violation to the Owner and understands and agrees that the Owner will, in turn, report
each violation as required to assure notification to the State of Texas, Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
Contractor also agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
Mark Taylor, President& Chief Operating Officer
(printed name of signatory)
rch 30, 2022
(signature and date)
Page 27 of 29
67
10. PROCUREMENT OF RECOVERED
MATERIALS
42 U.S.C.6962
(I) 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—
(i)Competitively within a timeframe providing for compliance with the contract performance
schedule;
(ii) Meeting contract performance requirements;or
(iii)At a reasonable price.
(2) Information about this requirement. along with the list of EPA-designate items. is available at
EPA's Comprehensive Procurement Guidelines web site,
hops://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
Mark Taylor. President&Chief Operating Officer
(printed name of signatory)
March 30, 2022
(signature and date
11.DEPARTMENT OF HOMELAND SECURITY SEAL,LOGO,AND FLAGS
The contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses of
DHS agency officials without specific FEMA pre-approval
Mark Taylor, President&Chief Operating Officer
(printed name of signatory)
March 30,2022
(signature and e)
Page 28 of 29
69
12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE
ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures,and directives.
Mark Taylor, President&Chief Operating Officer
(printed name of signatory)
March 30, 2022
(signature and date)
ti
1
Page 29 of 29
71
PROPOSED COST
r
Project Cost Pre-Award Cost Post-Award Cast
Up To S350.000.00 $0.00 $17,500.00
i
Up To $375 000 00 $0.00 S18.750.00
Up To S400.000.00 50.00 $20.000.00
Up To S425.000.00 S0.00 S21.250.00
Up To S450,000.00 S0.00 $22,500.00
Up To S475,000_00 SO 00 $23,750.00
Up To S500.000.00 $0.00 $25,000.00
Up To S550.000.00 $0.30 $27,500.O0
Up To S600,000.00 $0.00 $30,000.00
Up To S700.000 00 S0.00 S35.000.00
Up To S800,000.00 $0.00 $40,000.00
Up To 8900.000 00 S0 00 845.000 00
Up To $1 ,000.000.00 $0.00 $50.000.00
Up To S 1.250.000 00 S0.00 S62.500.00
Up To $1,500,000.00 $0.00 $75.000.00
Up To $1.750.000_00 $0.00 S87.500.00
Up To S2,000.000.00 $0.00 $100,000.00
Up To $2.500 000.00 $3.00 $125,000.00
Up To $3,000.000.00 S0.00 S150,000.00
Up To $3.500.000.O0 SO 00 $175.000.00
Up To $4.000.000.00 50.00 $200,000.00
Up To S4.500.000.00 S0.00 8225.000.00
Up To $5.000.000.00 $0.00 $250,000.00
Up To 85.500.000.00 S0.00 $275.000.00
Up To $6,000,000.00 $0.00 $300,000.00
1 41