Loading...
HomeMy WebLinkAboutPR 23950: PREQUALIFICTION ENGINEERING FIRMS, FOR THE CITY OF PORT ARTHUR'S STREETS AND DRAINAGE PROJECTS City ut ort rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 14,2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: John Cannatella,PE,City Engineer RE: PR No. 23950 Prequalification engineering firms for the purpose of providing professional engineering services for the City of Port Arthur's Streets and Drainage Projects. Introduction: The intent of this agenda item is to authorize the City Manager to negotiate with prequalified engineering firms for the purpose of providing professional engineering services to the City of Port Arthur's Street and Drainage Projects. Background: The City of Port Arthur advertised for a Request for Qualifications (RFQ) seeking professional engineering services for streets and drainage projects on February 1,2024 under Bid No. P24-024. The engineering firms that were considered for the streets and drainage 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 will be on the prequalified list. Budget Impact: There is no budgetary impact for this measure. Recommendation: It is recommended that the City of Port Arthur City Council approve PR No. 23950 authorizing the City Manager to negotiate with the prequalified engineering firms for the purpose of providing professional engineering services to the City of Port Arthur's Streets and Drainage Projects. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S.\Engineering\PUBLIC WORKS\PW.ENGINEERING\C.I.P.PROJECTS\Year 2024\PRE QUALIFYING ENGINEERING FIRMS\Agenda Memo PrequalGRwtions Eng FIrrns.docx PR No.23950 10/14/2024 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE PRE-QUALIFIED ENGINEERING FIRMS FOR THE PURPOSE OF PROVIDING PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF PORT ARTHUR'S STREETS AND DRAINAGE PROJECTS. WHEREAS, the City of Port Arthur Purchasing Department advertised a Request for Qualifications (RFQ) for engineering services for the purpose of providing professional engineering services for its upcoming streets and drainage projects, see Exhibit A; and, WHEREAS, the City received responses from engineering firms that City staff reviewed and scored using published evaluation criteria; and, WHEREAS, all submitting firms met the criteria and were deemed prequalified for a two year period with two lists identifying those firms that qualified for Streets and Drainage, respectively, see Exhibits B and C; and, WHEREAS, the Engineering Staff recommends that PR No. 23950 be approved and acceptance of the prequalified engineering firms be hereby deemed an appropriate action; 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 prequalified engineering firms to provide professional engineering services for future City of Port Arthur Streets and Drainage projects; and, S:4Engincering\PUBLIC WORKSIPW-ENGINEERINGIC.I.P.PROJECTS\Year 2024\PRE QUALIFYING ENGINEERING FIRMS\PR 23950 Pregaalif ving Eng Firms.docs 4 PR No. 23950 10/10/2024 mje Page 2 of 3 THAT, when services and fees are agreed upon, the selected firm shall be offered a contract subject to the approval of the City Council; 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 , 2024, A.D. 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 PR No.23950 10/14/2024 mje Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: �7 'li Roxann Pais Cotroneo, Esq. Ron Burt n, CPM City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Lynda "Lyn" Boswell, MA, ICMA-CM Director of Finance Johh Cannatella, PE Director of Public Works a' '� p441_ Clifton Williams, CI•PB Purchasing Manager S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 20241PRE QUALIFYING ENGINEERING FIRMS PR 23950 Pn:qualifying Eng Fimu.docx EXHIBIT A THURMAN BILL BARTIE,MAYOR Erterg - RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of 0^ CITY MANAGER COUNCIL MEMBERS: ` �- SHERRI�_,/ BELLARD,TRMC WH.LIE BAE LEWIS CITY SECRETARY DONEANE BECKCOM n r t r t It 11 r HAROLD L.DOUCET,SR Texas VAL TIZENO THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR. February 1, 2024 REQUEST FOR QUALIFICATIONS ENGINEERING SERVICE FOR STREET &DRAINAGE PROJECTS DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, February 21, 2024. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, February 21, 2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P24-024 DELIVERY ADDRESS: Please submit one (1) original, USB, and three (3) exact duplicate copies of your RFO to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Qualifications and Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting qualifications for the enclosed referenced services for the City of Port Arthur. Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL QUALIFICATIONS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFQ submittals will not be accepted. mac} Clifton Williams Purchasing Manager Page 2 of 21 REQUESTS FOR QUALIFICATIONS ENGINEERING SERVICE FOR STREET & DRAINAGE PROJECTS (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does yourpresent 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 21 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 4 of 21 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 5 of 21 The City of Port Arthur requires comprehensive responses to every section within this RFQ. To facilitate the review of the responses, Firms shall follow the described qualification format. The intent of the qualification format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFQ are addressed in a uniform manner amenable to review and evaluation. It is requested that qualification packets be limited to no more than 50 pales, 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 6 of 21 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. PORT ARTHUR BUSINESSES Is there a plan to utilize Port Arthur Business. 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 Port Arthur firms. Page 7 of 21 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 Government 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. Port Arthur 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 8 of 21 LETTER OF INTEREST RFQ—Engineer for Street& Drainage Projects Deadline: February 21, 2024 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 ❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) ❖ AFFIDAVIT (MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION 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 9 of 21 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 10 of 21 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 11 of 21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer 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? II Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check 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). J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ 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. IForm provided by Texas Ethics Commission www ethics state tx us Revised 11/30/2015 Page 13 of 21 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 14 of 21 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 15 of 21 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. The following are the current City Council and City Employees who are anticipated to either recommend or 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. Page 16 of 21 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. 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.: Accounts Payable, 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 17 of 21 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. 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 Page 18 of 21 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 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. Page 19 of 21 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. 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. Page 20 of 21 ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. Page 21 of 21 City -CITY OF PORT ARTHUR,TEXAS of �� rt ADDENDUM NO. ONE (1) trir FEBRUARY 13,2024 BID FOR: ENGINEERING SERVICE FOR STREET&DRAINAGE PROJECTS BID # 24-024 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The City will select a minimum of five (5) engineers for design of streets. 2. The City will select a minimum of five (5) engineers for drainage projects. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. C41 Cli n Williams Purchasing Manager Signature of Proposer Date Company Vendor Name citv„, -CITY OF PORT ARTHUR, TEXAS ,rr rtlrr ADDENDUM NO. TWO (2) Texas FEBRUARY 15, 2024 BID FOR: ENGINEERING SERVICE FOR STREET& DRAINAGE PROJECTS BID # 24-024 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, February 28, 2024. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, February 28, 2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 2 t iz aidg Ch n Williams Purchasing Manager Signature of Proposer Date Company Vendor Name EXHIBIT B ay U c �co , V z s ki .,,t g in ii- al N t 7! t d o L LI. Gz, i a k c t: L y In J C m ~ OD 'M' Nier ~• 0 W , m ., :ii y Q C isis a0 V .� a+ N +d+ oY� a" L) g) L d N C O A C C G\ y (� �. ems, O+ N m a d la S c0 �'+ O m et Uj O tco aa++ SI 4.• Q V+ N C Q O 0 0.! y t as i s N p s en in co C.) v 'ta N '2 x Q 0 Ocn ., v 0 .1 O. s S W a N .4.. i O LL 4' U s in en eer d rr a ^' cV i 0 y H N - M 'ti g m Hl O H O N .0 s c us v co 2 7 • v co a''' y 44 Wv a` ap E-1 ƒ . § § • § e \ \ ° 47 un \ \ x : ( �� i '\= \ 9 ° § ) 6 \. 2 / ao Y. } } \± } m m / j 2 ® I / / / \ ® ) g 2 # £ / \ \ § /_ \ § H 2 / k C, k } g A § 2 § r- N § ) ) ƒj � � � O ` \ _ tt •§ u 2 = \ 2 ± 2 - } }/ § [ ¥ o » oc a § ® \ 7o \ ) t / coc _ 0 - - © / . } \ l \ C '� / \ • - G k ) ( \ Z c \ \ .- x / B 5 cn w Q a. a. e w EXHIBIT C ) ) \ \ k § ® f • t � .�� \ • 2 \ 2 � §t *7 } } 7 $ )% % g m , : , 2 / \\ .. k H § 0 © a \ 4. k ) U C;)1"...:'44. f \ f j \ § k ° m ƒ f § \a. a ƒ = $ « \ { 2 a / ) 0• a ; $ t &# \ t B 2 , / / \ ) 3 % c 0 _ »• 4 . 7 N _ O ƒ ▪ , — ~ $ ) Q 7. > \ \ , « _ _ j m ƒ \ \ / 7 § § / § § @ \ q ; tn $• ) e _ / \ ° / 2 co 5 u &{ [ , ,, bk z 7 § 2 } /) / / ) / F § § § { § 0, - © / § ~ �� } 4 . 1rIWii / ° c w ;L. 1-1 LaLƒ 0" ^\ - h j ) k b .. § § 2 r ' § ) c ] / ) L.) 11)14' \ { K 2 r- 3 .o 3 ) cm ) � 2a co� � / ` 2 a #a o \ ƒ 2 . � k 27-5 ] / 7 { / 2 § Q 8 § } ) U) J . . b a.© a 7 r ° /= 5t w TO � / � 0 d & ` r '' § « } j F a" \ ./ § § $ / 3 ] o / / 4 , \ \ .C } . _ - �In \ 0 co , s rZt \ 4 a & & $ / .3} / ) \2 ' g{ ; a \§c47W3 a \