HomeMy WebLinkAboutRES 20-067RESOLUTION NO. 20-067
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a Request for
Proposal with Public Management, Inc., of Cleveland, Texas, for grant management
consulting services relating to tropical storms Harvey and Imelda. The Request for
Proposal is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted
in+ strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
March, 2020.
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- Mayor Becky Ames -
TEXAS
FORMAL RFP
REQUEST FOR PROPOSAL: . `.RFP FOR GRANT MANAGEMENT SERVICES
RFP NUMBER: PF0220-07
RFP D-VIE. THURSDAY,'MARCH 5, 2020 AT 2 00 P.M.., (CST)
PRE -BID MEETING: N/A
PRE-RFP The deadline for submittal of QUESTIONS
QUESTIONS: pertaining to this RFP is
Monday, February 24, 2020 at 10:00 A.M. (CST).
SUBMIT RFP TO: This is a FORMAL RFP and must be submitted to:
City Clerk's Office / City Hall
City of Beaumont
801 Main St., Suite 125
Beaumont, TX 77701
You may submit your RFP by MAIL, in PERSON or by COURIER.
RFPs will NOT be accepted via fax or e-mail.
PURCHASING DIVISION
For bid results Monday -Friday, 8:00 a.m. to 5:00 p.m., call 409-880-3720
or visit our web site at
https://beaumonttexas.gov/departments/purchasing/bid-information/
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EXHIBIT "A"
REQUEST FOR PROPOSALS
Sealed Request for Proposals (RFPs) will be received by the City Clerk of the City of Beaumont,
801 Main Street, Room 125, Beaumont, Texas 77701, until 2:00 PM (CST) , THURSDAY,
MARCH 5, 2020 and all bids will be opened and publicly read in the City Council Chambers on that
date for:
REQUEST FOR PROPOSALS (RFP)
FOR GRANT MANAGEMENT SERVICES
PRE -BID MEETING: None.
SUBMITTAL OF QUESTIONS: The deadline for submittal of questions pertaining to this
RFP is Monday, February 24, 2020 by 10:00 AM (CST). Questions will be answered by Addendum.
RFPs shall be submitted to the City Clerk's Office, 801 Main, Room 125, Beaumont, Texas, prior to
the above stated time.
RFP forms, specifications and all necessary information may be obtained from the Purchasing
Division, City Hall, 801 Main, Room 315, Beaumont, Texas 77701. Vendors requesting RFP packets
should call the Purchasing Division at (409) 880-3720 or you may download the specifications from our
website at: https:/Ibeaumonttexas.2ov/departments/purchasinL/bid-information/
The City reserves the right to reject any or all RFPs, or to accept any RFP or combination of
RFPs deemed advantageous to it.
Please make reference to RFP Number: PF0220-07
RFP Closing Date: MARCH 5, 2020
Tina Broussard
City Clerk
First Legal Notice Publication: FEBRUARY 13, 2020
Second Legal Notice Publication: FEBRUARY 20, 2020
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1.
2.
3.
4.
GENERAL RFP INFORMATION
INTENT
The City of Beaumont (City), through this Request for Proposal (RFP), is seeking to enter into an
Agreement with a qualified consulting firm for disaster recovery, alternative funding
pursuits and grant management services to address damages incurred during tropical
storm Harvey and Imelda.
Services to include:
1.1 assistance with the processes involved in applying for and submitting claims,
1.2 receiving and managing public assistance,
1.3 developing cost effective mitigation solutions, and
1.4 securing hazard mitigation assistance grant funding.
CONTRACT TERM
2.1 Contract shall be in effect for a period of one (1) year from the date of award of RFP.
2.2 This contract may be canceled by either party by providing written notice at least thirty
(30) days in advance.
BID DUE DATE
Bids are due no later than 2:00 P.M. (CST), THURSDAY, MARCH 5, 2020 to:
Physical Address:
City of Beaumont
City Clerk's Office
801 Main St., Suite 125
Beaumont, TX 77701
Phone No.: 409-880-3745
PRE -BID MEETING
None.
- OR - Mailing Address:
City of Beaumont
City Clerk's Office
P.O. Box 3827
Beaumont, TX 77704
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s. QUESTIONS DEADLINE
51 Questions will be accepted, by e-mail at Patrick.bardwellAbeanmonttexas:gov
until 1000 AM (CST). on Monday, February 24, 2020.
5.2 Answers will be posted through an Addendum:
6. REQUIRED DOCUMENTS FOR RESPONSES
6.1 RFP Response information provided for Evaluation Criteria, Section III, page 13.
6.2 RFP Sheet, pages 15 through 34, including:
6.2.1 RFP Sheet/Proposer Information - requiring signature,
6.2.2 RFP Pricing Sheet,
6.2.3 House Bill 1295 (HB1295) fonn,
6.2.4 House Bill 89 (HB89) fonn,
6.2.5 Bid Sheet Continued,
6.2.6 Conflict of Interest fonn,
6.2.7 Statement of City Charter Provision of Conflict of Interest,
6.2.8 Insurance Affidavit, page 35, MUST be submitted with RFP.
6.2.9 Insurance forms, pages 36 - 39 MUST be completed upon award of this contract.
6.3 RFP sheets CANNOT be altered. If respondent needs to include additional
information, it is to be provided on a separate sheet, with the number of the bid
included, as well as the respondent's company name.
6.4 All documents listed above MUST be submitted for RFP to be considered.
6.5 Bids are to be submitted on the enclosed forms only. Oral, telegraphic, e-mail or
telephone bids or modifications will not be considered.
6.6 Certifications, where required shall accompany the bid submission.
6.7 Failure to comply with information requested on any items will result in
disqualification of the bid.
6.8 All portions of this bid requiring data or information must be filled in completely.
Failure to do so may result in bid rejection due to non -response.
6.9 Signatures, where required, must,be original; facsimile stamp or:computer-
generated signatures will NOT be accepted.
6.10 Proposer must provide the following for review:
-,one (1) complete Proposal marked as ORIGINAL,
submitted in a three=ring binder;
two (2) complete Proposals marked as COPY,
submitted in a three-ring binder; and
one (1) electronic copy in-pdf format on a US9, drive:
7. CHANGES TO THE RFP
The City reserves the right to amend, at any time, any part of this RFP upon written notification
to vendors; and to change any of the scheduled dates, including the proposal due date. All
changes will become part of this RFP and will be incorporated into the contract entered between
the City and the vendor.
8. NO PERSON has the authority to verbally alter these specifications. Any changes to
specifications will be made in the form of an Addendum which will be made available online at
https://beaumonttexas.gov/departments/purchasing/bid-information/
and will be faxed to the vendors on the bid announcement list.
9. All mathematical calculations will be verified. In the event of an error by bidder, City calculation
shall be considered correct. In the event of discrepancies, the unit price stated by vendor shall be
considered the bid price.
10. The City reserves the right to accept or reject any response or combination of responses deemed
advantageous to it. The City reserves the right to waive any and all formalities contained within
this RFP. The City reserves the right to negotiate with any and all firms and individuals that
submit a response.
11. STATEMENT OF BILLS PAID
Responder may not be more than sixty (60) days past due on any debt to the City, including but
not limited to: water bills, licenses, permits or fees, or more than ninety (90) days past due on
property taxes.
12. EQUAL OPPORTUNITY EMPLOYER
The successful bidder shall warrant and agree that he/she is an Equal Opportunity Employer.
Should complaints of any form of discrimination, either in dispensation of the service, or within
company hiring policies be substantiated, this contract may be terminated immediately.
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13. H.B. 1295 COMPLIANCE —
Texas Ethics Commission Certificate Number
The Awarded Vendor for the contract shall comply with the requirements of Section
2252.908 of the Texas Government Code as adopted in 2015 as House Bill 1295. The law
requires that a governmental entity may not enter in certain contracts with a business
entity unless the business entity submits a Disclosure of Interested Parties to the
governmental entity. The law applies only to a contract that either (1) requires an action
or vote by the governing body of the entity or agency before the contract may be signed
or (2) has a value of at least $1 million.
Compliance with the law requires that the awarded Vendor utilize the Texas Ethics
Commission website to enter the required information on Form 1295 and print a copy of
the complete form. The form must be signed, notarized and submitted to the contracting
government entity.
The City of Beaumont, in the case of contracts formalized by Purchase Order or by other
written contract, will notify the Vendor of Award by Council and request the completed
Fonn 1295 within five (5) working days thereafter.
H.B. 1295 SIGNATURE FORM - See page 20 for form requiring signature.
14. H.B. 89 COMPLIANCE —
Verification —
The Awarded Vendor for the contract shall comply with the requirements of Senate Bill
252 Ch. 2252 Certification: Texas Government Code, Chapter 2252, Section 2252.152
and Section 2252.153 of the Texas Government Code as adopted in 2017 as House Bill
89 (HB89).
The law requires that a governmental entity may not enter in certain contracts with a
business entity unless the business entity submits an executed HB89 Compliance form'to
the governmental entity.
Compliance with the law requires that the awarded Vendor complete the form and submit
with bid or proposal. The form inust be signed, notarized and submitted to the
contracting government entity.
H.B. 89 SIGNATURE FORM - See page 21 for form requiring signature.
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15. AWARD
15.1 The RFP will be awarded to the Proposer having sufficient ability to perform this
Contract as stated in conjunction with the best value to the City. Factors used to
detennine the award are through using the Evaluation Criteria in Section III, page 13.
15.2 RFP may be awarded to one (1) contractor.
15.3 The Contractor may not assign (subcontract) all or part of this contract without prior
consent in writing by the City.
15.4 The contract may be awarded either to the lowest responsible bidder or to the
bidder who provides goods or services at the best value for the municipality.
15.5 In determining the best value for the municipality, the municipality may consider:
15.5.1 the purchase price;
15.5.2 the reputation of the bidder and of the bidder's goods or services;
15.5.3 the quality of the bidder's goods or services;
15.5.4 the extent to which the goods or services meet the municipality's needs;
15.5.5 the bidder's past relationship with the municipality;
15.5.6 the impact on the ability of the municipality to comply with laws and rules
relating to contracting with historically underutilized businesses and
nonprofit organizations employing persons with disabilities;
15.5.7 the total long-term cost to the municipality to acquire the bidder's goods or
services; and
15.5.8 any relevant criteria specifically listed in the request for bids or proposals.
16. BID TABULATION
Criteria Evaluation Sheet will be available on the Purchasing web page at
https:Hbeaumonttexas.gov/departments/purchasing/bid-information/
following award of contract by City Council. Criteria Evaluation Sheets will not be provided via
any other means.
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17. LIABILITY
THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND
DAMAGES OF EVERY HIND, FOR INJURY TO OR DEATH OF ANY PERSON
AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION
WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT,
AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR
ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID
CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY
REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS
CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE.
Contractor waives all rights of recovery, and its insurers also waive all right of
subrogation of damages against the City and its agents, officers, directors and
employees for damages covered by the workers' compensation and employers
liability or commercial umbrella or excess liability or business automobile coverage
obtained by Contractor required in this Agreement, where permitted by law. This
waiver must be stated on the City's approved Certificate of Insurance.
The fact that insurance is obtained by Contractor on behalf of City will not be
deemed to release or diminish the liability of Contractor, including, without
limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by City from Contractor or any third party will not be limited by the
amount of the required insurance coverage.
18. INVOICES
18.1 Payment by City to Vendor shall be made in accordance with the requirements of Texas
Government Code §2251.021.
18.2 Invoices must reference a Purchase Order number and the Department or Division for
which goods or services are provided.
18.3 The Contractor shall submit an accurate invoice within five (5) working days from the
date of delivery.
18.4 Invoices may be submitted via email to: invoicesgbeaumonttexas.gov
18.5 Invoices may be submitted via U.S. Mail to:
ATTN: Accounting Division
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704-3827
18.6 Faxed invoices will not be accepted.
19. FUNDING FOR PAYMENTS
Funds for payments are provided by the City of Beaumont budget approved by City Council for
the current budget year only. The State of Texas statutes prohibit the obligation and
expenditure of public funds beyond the fiscal year for which a budget has been approved.
Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget
approval.
20. CONTRACT TERMINATION
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement upon thirty (30) days' written notice from the City Manager or his designee, of its
election to do so, or if the successful bidder fails to perform the services or breaches this
Agreement, including the following:
20.1 By failing to pay insurance premiums, liens, claims or other charges.
20.2 By failing to pay any payments due the City, State, or Federal Government from the
successful bidder or its principals, including, but not limited to, payments identified in
this Agreement or any taxes, fees, assessments, or liens.
20.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the
successful bidder or upon dissolution of the firm or business.
20.4 By violation of any provision or non-performance of the Agreement.
21. CONTACT INFORMATION
If any information is needed concerning specifications, please contact:
Patrick Bardwell, Purchasing Manager
Purchasing Division / Finance Department
City of Beaumont
Physical Address:
801 Main St., Suite 315, Beaumont, TX 77701
Mailing Address:
P.O. Box 3827, Beaumont, TX 77704-3827
Phone # (409) 880-3175 ♦ Fax # (409) 880-3747
E-mail: Patrick.bardwellna,beaumonttexas.gov
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RFP SPECIFICATIONS
I. PURPOSE AND GENERAL INFORMATION
The City of Beaumont (City) seeks responses to this Request for Proposal (RFP) from qualified and
experienced individuals interested in providing services as a consultant for disaster recovery and
grant management services for new funding opportunities and grant applications not already
submitted. Firms should have prior experience in grant solicitation and management, US Army
Corps of Engineers (USACE) coordination, post storm event infrastructure, storm water/waste
water mitigation and design/rehabilitation.
2. The City of Beaumont incurred major damages resulting from tropical storms Harvey and Imelda.
During these incidents, there was significant residential damage and damage to City facilities. The
City performed emergency protective measures to eliminate or lessen immediate threats to lives,
public health or safety and eliminate or lessen immediate threats of significant additional damage to
public and private property.
The City is responsible for addressing disaster impacts to the roadways, utilities, storm water, water
and wastewater infrastructure and facilities within the City limits. The impacts from these events
include significant flood damage to the City assets. The City is seeking the services of a consultant
for disaster recovery and grant management services to respond to the effects of these major storms
and flood events. Services to include assistance with the processes involved in applying for and
submitting claims, receiving and managing hazard mitigation grant funding from the Federal
Emergency Management Agency (FEMA), funding opportunities of interest include USACE
partnership, grant funding such as the hazard mitigation grant program, community block grant
disaster program (CDBG-DR) and other finding pursuits. Services may also include coordination
with State and Federal Administrators of the various disaster recovery funds made available.
3. Strategic Grant Pursuit and Grant Management:
The City will be challenged with identification and pursuit of the multiple disaster recovery grant
partnerships available following these disasters.
3.1 Consultant will be responsible for the identification and preparation of the competitive
grant applications and mitigation project partnerships.
3.2 Consultant will work with the State and Federal grant administration offices to ensure
applications meet the requirements of the various programs available to fund disaster
recovery and mitigation.
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3.3 Consultant will prepare grant applications, administer grants and perform project close
out. Respondents should demonstrate familiarity in State and Federal grant
administrators, ability to recommend strategic grant solicitations, development of
competitive grant applications, as well as capability of pursuing mitigation funding relief
for damaged residences and public infrastructure.
4. Planning:
Consultant will be responsible for providing advice and oversight in the development of cost
effective, timely and eligible project scopes. Respondents should demonstrate that they can
recommend cost effective engineering solutions, develop solutions that meet codes and standards
and provide hazard mitigation from future disasters. Respondents to highlight experience with
USACE, HUD and FEMA partnership and coordination on mitigation projects.
11 PREPARATION OF PROPOSAL
1. The City is asking qualified firms to prepare a statement of qualifications that addresses the
Scope of Work found in numbers 3 — 4 of RFP Specifications, and conforms to the following
instructions. The statement of qualifications shall include the following:
1.1 Statement of Qualifications (SOQ) of the submitting respondents.
1.2 One (1) page cover letter introducing the firm and indicate the principal in charge for the
contract.
1.3 Up to five (5) projects completed within the last ten (10) years demonstrating the firm's
experience with similar projects and shall include references with current contact name
and phone numbers.
1.4 Organization chart clearly identifying project roles, names, and reporting structure/lines
of authority. Include a resume for each individual shown on organization chart.
Resumes should include education, certification(s), years of experience and specific
project experience including role on each project.
2. Responses should provide a straightforward, concise description of the contractor's capabilities to
satisfy the requirements of this RFP.
3. Contractors submitting responses should be aware that the contents of the successful response
will become part of the contract documents. The City reserves the right to negotiate all elements
to ensure that the best possible consideration is provided for all parties. Contractor fees should be
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in compliance with the rules and regulations of the funding source and pursued, and caps
should be negotiated before application is submitted and be assessed toward the awarded amount.
4. If the Contractor would like to provide information in addition to the specific information
requested in this RFP, such information shall be provided as a separate appendix to the bound
response.
5. REQUIRED DOCUMENTS:
Contractor must provide the following for review:
1 complete Proposal m_a_rked as'OR_IGINAL,_sub mitted m a three -wring binder;
- two (2) complete Proposals marked as COPY, submitted in a three-ring binder; and
- one. (1) electronic copy in pdf format on a USB drive:
Vendors shall provide responses at their own expense.
III. EVALUATION CRITERIA
DESCRIPTION` '
POINTS `
Relationship/Past Experience
20
Firm Qualifications
20
Staff Qualifications
20
Project Approach
20
Cost
20
TOTAL POINTS
100
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' k T�
TEXAS
RFP SHEET
RFP OPENING DATE:. Thursday, March 5, 2020
RFP OPENING TIME:. 2:00 P.M. (CST)
CITY RFP NUMBER: PF0220-07
`FOR FURNISHING. RFP for Grant Management Services
(AS PER SPECIFICATIONS)
SUBMIT RFP TO: This is a FORMAL RFP and must be submitted
in a SEALED ENVELOPE with the RFP NUMBER
written on the outside of the envelope to:
Office of the City Clerk / City Hall
City of Beaumont
801 Main St., Room 125
Beaumont, TX 77701
You may submit your RFP by MAIL, in PERSON, FEDEX or UPS.
RFPs will not be accepted via email of Fax.
OUTLINE OF REQUIRED RFP DOCUMENTS:
For RFPs to be considered valid, Proposers MUST complete and submit the following:
1. Bid Sheet, pages 15 through 25.
2. Insurance Affidavit, page 34.
(Certificate of Insurance, pages 35 - 38 must be completed and provided
to the City upon award of the contract.)
3. Provide a valid signature at -the appropriate locations within these RFQ
documents.
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PROPOSER INFORMATION SHEET
GRANT MANAGEMENT SERVICES
RFP NO: PF0220-07
PROPOSER INFORMATION:
Company Name
Proposer's Name In Printed Form
PROPOSER'S
SIGNATURE
(Signature REQVIRED'for RFP to be accepted.)
Proposer's Title
Company Physical Address
Street
City State Zip Code
Company Mailing Address
Street or P.O. Box
City State Zip Code
Company Telephone Number
Alternate Phone Number
Company Fax Number
E-mail Address
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PROPOSER'S INFORMATION SHEET
RFP NO. PF0220-07
INSERT PROPOSER'S INDIVIDUAL AND/OR COMPANY NAME:
1. Kind of Company (check one): ❑ Corporation ❑ Partnership ❑ Sole Proprietor
If corporation, please list names and addresses of three (3) top corporation officers.
If partnership, please list names and addresses of partners.
Include Federal Tax I.D. Number.
Name
Address
Name
Address
Name
Address
2. Number of years in operation:
3. Current number of employees:
4. Number of employees to be assigned to this service:
5. Telephone number answered Monday —Friday, 8:00 A.M. — 5:00 P.M.:
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6. IN CASE OF EMERGENCY:
Contact Name(s):
Contact Phone Number(s):
7. Provide information concerning any judgments, claims arbitration proceedings or suits filed as a
result of veterinary services performed.
8. Has your organization (including owners, partners, and or officers) ever been put on probation or
disbarred from doing business with ANY governmental agency? If so, please list organization, time,
and length of disbarment or probation. (Failure to provide this information may result in the City
not awarding the contract to your company).
Yes No
If marked Yes, please list required information below:
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REFERENCES
9. REFERENCES:
List four (4) businesses for whom your company has successfully provided similar services. List a
contact name, address and phone number for each project.
REFERENCE NO. 1
Company Name:
Address:
Contact Name:
REFERENCE NO.2
Company Name:
Address:
Contact Name:
REFERENCE NO.3
Company Name:
Address:
Contact Name:
REFERENCE NO.4
Company Name:
Address:
Contact Name:
Telephone:
Telephone:
Telephone:
Telephone:
PROPOSER PRICING SHEET
GRANT MANAGEMENT SERVICES
RFP NO.`PF0220-07 "`
:PROPOSAL PRICING
In your response,
provide pricing on an additional sheet
on your company letterhead.
NOTE:
Place Pricing Sheet in ,this location when assembling yoµur response:
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RFP?FOR
GRANT, MANAGEMENT SERVICES
RFP NO:,PF0220 07
Texas Ethics Commission Certificate Number
HB 1295 -- Section 2252.098 of the Government Code states "a contract that requires
an action or vote by the governing body of the entity or agency, or the value of the
contract is at least one million dollars ($1,000,000), must provide a Disclosure of
Interested Parties Form on the Texas Ethics Commission website".
Within five (5) working days after the award of contract by Beaumont City Council, the
awarded vendor must complete the information -requested on the Texas Ethics
Commission website and provide the certificate number to the Purchasing Department.
The Texas Ethics Commission website is: www.ethics.state.tx.us
At the home page, click on Form 1295 Filing Application, and follow the instructions.
Upon completion of the information on the website, provide the completed form and
certificate number to the following Purchasing e-mail addresses:
Patrick. bardwell(a)-beaumonttexas.gov
terry.welch(a)beaumonttexas.gov
I understand the requirement as stated above and will comply within five (5) working
days after the award of contract by Beaumont City Council.
Signature
Printed Name
Title
Revised 4/29/16 /bd
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Company Name
Date Signed
RFP for Grant Management Services
RFP No. PF0220-07,,
House Bill 89 (HB89) Verification
the undersigned representative of
(Company or Business Name)
(hereafter referred to as "Company"), being an adult over the age of eighteen (18) years of age, verify that the company named -
above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the
City of Beaumont, Texas.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means 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; and
2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or any limited liability company, including a wholly- owned subsidiary,
majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
DATE
SIGNATURE OF COMPANY
REPRESENTATIVE ON THIS THE day of , 20 , personally appeared
, the above -named person, who after by me being duly
sworn, did swear and confirm that the above is true and correct.
NOTARY SEAL NOTARY SIGNATURE
Senate Bill 252 Ch. 2252 Certification
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 2252.153. I further certify that should the above -named company enter into a contract that is on
said listing of companies on the website to the Comptroller of the State of Texas which do business with Iran, Sudan or any foreign
terrorist organization, I will immediately notify the City ofBeaumont's Purchasing Department.
Date Signed
Signature of Company Representative
Name in Printed Form
[ THIS FORM MUST BE RETURNED WITH YOUR BID. ]
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BID SHEET CONTINUED
DATE OF DELIVERY AFTER RECEIPT OF ORDER:
WARRANTY:
Receipt is hereby acknowledged of the following addenda to the Specifications:
Addendum No. 1 dated
Received
Addendum No. 2 dated
Received
Addendum No. 3 dated
Received
Addendum No. 4 dated
Received
DOES YOUR BID MEET SPECIFICATIONS?
YES NO
IF NO IS INDICATED, ATTACH SHEET INDICATING EXCEPTIONS.
PLEASE CHECK THE FOLLOWING THAT WILL APPLY TO YOUR COMPANY:
Ownership of Firm (51 % or more) Non -Minority Hispanic Black Other
Minority (please specify) Female Owned Handicapped Owned
Small Business (less than $1,000,000 annual receipts or 100 employees)
CERTIFICATE OF CORPORATE BIDDER
I, , CERTIFY THAT
I AM . (title) OF
THE CORPORATION NAMED AS BIDDER
HEREIN; THAT WHO
SIGNED THIS BID ON BEHALF OF THE BIDDER,
WAS THEN
(title) OF SAID CORPORATION; THAT SAID BID
WAS DULY SIGNED FOR AND ON BEHALF OF
SAID CORPORATION BY AUTHORITY OF ITS
GOVERNING BODY AND IS WITHIN THE
SCOPE OF ITS CORPORATE POWERS.
SIGNATURE OF OFFICER
TYPE OR PRINT NAME
TITLE OF OFFICER
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BIDDERS
The undersigned affirms that they are duly authorized
to execute this contract, that this company,
corporation, firm, partnership or individual has not
prepared this bid in collusion with any other Bidder,
and that the contents of this bid as to prices, terms or
conditions of said bid have not been communicated
by the undersigned nor by any employee or agent to
any other person engaged in this type of business
prior to the official opening of this bid.
Vendo.
Addre;
Bidder
Bidder
(Signature)
(Print Name)
Position With Company
(Title)
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
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a
Date Received
vendor who 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.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed
JF
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.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
4 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?
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
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
6 ❑ 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).
7
Signature of vendor doing business with the govemment entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
- 23 -
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at
http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the
sections cited on this form.
Local Government Code & 176.0010-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 4 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government
officer or a family member of the officer that results in the officer or family member
receiving taxable income, other than investment income, that exceeds $2,500
during the 12-month period preceding the date that the officer becomes aware
that
(i) a contract between the local governmental entity and vendor has
been executed; or
(ii) the local governmental entity is considering entering into a contract
with the vendor;
(B) has given to the local government officer or a family member of the officer one or
more gifts that have an aggregate value of more than $100 in the 12-month period
preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business
relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of
that local governmental entity, or a family member of the officer, described by Section
176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family
member of the officer, one or more gifts with the aggregate value specified by Section
176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental
entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate
records administrator not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local
governmental entity; or
(B) submits to the local governmental entity an application, response to a request for
proposals or bids, correspondence, or another writing related to a potential
contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,
or a family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
-24-
STATEMENT OF CITY CHARTER
PROVISION ON CONFLICT OF INTEREST
The following provisions were adopted in an effort to avoid
potential conflict of interest with prospective bidders and City
employees or officers in the awarding of City contracts:
No officer, elected or appointed, or other employee of the
City shall have a financial interest, direct or indirect, or by
reason of ownership of stock or share exceeding one
percent (I%) in a business entity contracting with the City.
Nor shall such officer or employee be financially
interested, directly or indirectly, in the sale to the City of
any land, materials, supplies or services from such
business entity, except on behalf of the City in his official
capacity as an officer or employee.
2. Any willful violation of this provision shall constitute
malfeasance in office and any officer or employee guilty
thereof shall thereby forfeit their office or position.
'—'3. Any violation of this section with the knowledge
expressed or implied of the person or business entity
contracting with the City shall render the contract involved
null and void. (Beaumont City Charter, Article XVII,
Section 9.)
I, (name) have
read and hereby understand the aforementioned Beaumont City
Charter provision prohibiting conflict of interest between City
employees or officers and prospective bidders in the award of
City contracts. I affirm, to the best of my knowledge and
belief, that there is no conflict of interest between the herein
stated person or business entity and any City officer or
employee if a City contract is awarded. I further state that I
have no outside interests that conflict or suggest a potential
conflict of interest with the City. I understand that knowledge,
express or implied, or concealment of such material fact could
nullify and void any such City contract awarded.
If I am awarded this contract, I herein agree to report
promptly any further situation that might involve or appear to
involve me in any conflict of interest with the City.
SIGNED this the day of .120
Name
Title
- 25 -
GENERAL CONDITIONS OF BIDDING
(Revised 2/13/19)
FAILURE TO COMPLY WITH THESE GENERAL
CONDITIONS OF BIDDING MAY RESULT IN THE BID
BEING DISQUALIFIED.
1. BIDDING:
A. All bids must be on blank forms furnished by the
Purchasing Division, and must be written in ink or by
typewriter. Pencil quotations will not be considered.
The bid must be executed personally by the bidder, or
if executed by an agent, a power of attorney or other
evidence of his authority to act on behalf of the bidder
must accompany the bid. If the bidder is a
corporation, the certificate of corporate bidder must
be executed under the corporate seal by some duly
authorized officer of the corporation other than the
officers signing the bid. By execution of the bid, the
bidder accepts all general and special conditions of
the contract and the specifications.
B. TIME & DATE: Formal bids must be in the office of
the City Clerk by 2:00 P.M., local time, on the day
bids are due, unless otherwise specified; an early
postmark will not suffice. Be sure you have allowed
ample time for postal delivery. The City will not be
responsible for the delivery of your bid to the office
of the City Clerk. If you choose to send your bid by
postal delivery then it is recommended that you call
the City Clerk's office to verify receipt of your bid
prior the bid opening. Formal bids may NOT be
faxed or e-mailed.
Informal bids are due at the date and time stated in the
bid document. Informal bids may be faxed.
C. WITHDRAWAL OF BID: A bidder may withdraw
his proposal before Council acceptance of his bid
without prejudice to himself, by submitting a written
request for its withdrawal to the City Clerk.
D. Bids should show net prices, extensions and net total.
In case of conflict between unit price and extensions,
the unit price will govern.
E. No change in price will be considered after bids have
been opened.
F. Unless otherwise specified, any catalog or
manufacturer's reference or brand name used in
describing an item is merely descriptive, and not
restrictive, and is used only to indicate type, style or
quality of material desired. If a bidder quotes on an
article other than the one specified, which he
considers comparable, the name and grade of said
article must be specified in the bid and sufficient
specifications and descriptive data must accompany
same to permit thorough evaluation. In the absence of
these qualifications, he will be expected to furnish the
article called for.
G. If this bid is altered, any erasure or alteration of
figures on the item on which the erasure or alteration
is made must be initialed by signee of this bid.
H. Bids will not be considered in cases in which bidder
quotes an item price and also an alternate price on the
proposed substitute item, except in cases in which
alternate bids are called for.
I. All bids are to be delivered not later than the time
stated in the specifications, F.O.B. Beaumont, Texas
unless otherwise stated in the specifications and/or bid
form.
Bidders are invited to be present at the opening of
bids. After opening, bids may be inspected in the
Purchasing Division offices.
K. If there is an honest mistake in the bid, due to clerical
errors, and the bidder calls attention thereto promptly,
he will not be bound by the bid.
L. Where the mistake was a result of bidder's
negligence, and City has no knowledge of the mistake
when bids were opened, and contract awarded, he will
not be released and shall be bound by the bid.
M. If a mistake is not discoverable and verifiable by the
City, bidder's incorrect interpretation of Engineering
specifications set forth in a construction contract will
not release him from his obligations, once a contract
has been awarded by City Council and bidder has
received notice of such award.
N. Sealed formal bids due in the City Clerk's office will
not be accepted through facsimile equipment.
2. TAXES:
A. The City is exempt from the Federal Excise and
Transportation Tax, and the Limited Sales and Use
Tax. Unless the bid form or specification specifically
indicates otherwise, the price bid must be net
exclusive of the above mentioned taxes, and will be
so construed. A vendor desiring refunds of, or
exemptions from taxes paid on merchandise accepted
by the City must submit the proper forms. The
Purchasing Manager, if satisfied as to the facts, will
approve or issue the necessary certificates.
-26-
3. AWARD:
A. The City reserves the right to. consider and make
awards of bids on articles of similar nature that in all
respects will serve the purpose for which the purchase
is being made. The City reserves the right to be the
sole judge as to whether such articles will serve the
purpose.
B. Unless otherwise specified, the City reserves the right
to accept or reject in whole or in part any bid
submitted or to waive any informalities in the best
interest of the City.
C. Contractor is an independent contractor. Award of a
contract does not create a joint venture between
Contractor and the City.
4. BID DEPOSIT:
A. No bid deposit will be expected of bidder. unless
specifications expressly provide otherwise.
B. When specifications expressly call for a bid deposit,
the deposit may be in the form of a cashier's check,
cash, a certified check made payable to the City of
Beaumont or a bond. The bond shall be executed by a
surety authorized by the Texas State Insurance
Commission and must be signed by both the surety
and the bidder.
C. When specifications call for a bid deposit, it should be
placed in a separate bid envelope and enclosed with
your bid. Should your bid deposit not be acceptable to
the City, your bid will be returned.
5. DELIVERIES:
A. Unless otherwise stated in the bid form or
specification, deliveries must consist only of new and
unused merchandise.
B. Full fare must be allowed and no charge made for
packages.
C. In the event that deliveries of the supplies covered in
the proposal are not made within the number of days
specified, or in the event that the supplies delivered
are rejected, and are not removed and replaced within
the number of days specified in the official notice of
rejection, the City reserves the right to purchase said
supplied in the open market. Upon any such breach of
contract, the City reserves the right to proceed against
the successful bidder and/or the surety on this bond
for any and all damages occasioned by the breach.
6. REJECTIONS:
A. Articles not in accordance with samples and
specifications must be removed by the bidder at his
expense. All disputes concerning quality of supplies
delivered under this proposal will be determined by
the City Purchasing Manager or his/her designated
representative.
B. All articles enumerated in the proposal shall be
subject to inspection or delivery by an officer
designated for the purpose and if found inferior to the
quality called for, or not equal in value to the
department's samples, or deficient in weight,
measurements, workmanship or otherwise, this fact
shall be certified to the Purchasing Manager who shall
have the right to reject the whole or any part of the
same.
7. BILLING:
A. All bills are subject to approval by the Purchasing
Manager.
8. PATENTS:
A. The contractor agrees to indemnify and hold harmless
the City, the Purchasing Manager, and his/her
assistants from all suits and actions of every nature
and description brought against it or any of them, for
or on account of the use of patented appliances,
products or processes, and he shall pay all royalties
and charges which are legal and equitable. Evidence
of such payment or satisfaction shall be submitted,
upon request of the Purchasing Manager, as a
necessary requirement in connection with the final
estimate for payment in which such patented
appliances, products or processes are used.
9. CONDITIONS PART OF BID:
A. The general conditions of bidding defined herein shall
be a part of the attached bid.
10. CONTRACT:
A. No formal contract will be executed. The following
will comprise the contract between the City and the
successful bidder:
i. Notice to Bidders,
ii. General Specifications,
iii. General conditions of bidding,
iv. The Bid Sheet(s),
v. Resolution awarding the bid.
-27-
B. In case of conflict, the specifications shall be
controlling.
11. OSHA REQUIREMENTS:
A. The vendor or contractor hereby guarantees to the
City of Beaumont, Texas, that all material, supplies
and equipment as listed on the proposal, contract or
Purchase Order meets the requirements, specifications
and standards as provided for under the Federal
Occupational Safety and Health Act of 1970, as
amended and in force at the date hereof.
12. BIDS:
A. Bids must remain film for thirty (30) days from the
bid opening date to allow for award by Council,
unless otherwise specified.
13. DISCOUNTS:
A. Prompt payment discounts will be considered in
making the award provided the period of the discount
offered is sufficient to permit payment within such
period in the regular course of business (minimum 10
days). Prompt payment discounts will not be
considered for contract purchases.
B. In connection with any discount offered, time will be
computed from the date of receipt of supplies or
services or from the date a correct invoice is received,
whichever is the later date. Payment is deemed to be
made on the date of mailing of the check.
14. DISCLOSURE FORMS:
A. All forms must be signed and returned with your
bid sheet.
15. EXCEPTIONS:
A. If exceptions are being taken to any part of
specifications, have them listed separately on your
letterhead and manually sign it.
16. LOCAL BIDDER CONSIDERATION:
A. Should bids for goods and/or commodities be
received from a local vendor and an out of town
vendor, a sales tax impact analysis formula shall be
applied to the local vendor's bid. If it is determined by
its formula that the local vendor's bid generates more
sales tax revenue to the City than the difference
between the two bids, award may be made to the local
vendor.
17. PROTEST PROCEDURES — Any actual or prospective
bidder or proposer who believes they are aggrieved in
connection with or pertaining to a bid or proposal may file
a protest. The protest must be delivered in writing to the
Purchasing Manager, in person or by certified mail, return
receipt requested, prior to award. The written protest must
include:
A. Name, mailing address, and business phone number
the protesting party;
B. Appropriate identification of the bid or proposal being
protested;
C. A precise statement of the reasons for the protest; and
D. Any documentation or other evidence supporting the
protest and any alleged claims.
The Purchasing Division will attempt to resolve the
protest, including at the Purchasing Manager's option,
meeting with the protesting party. If the protest is
successfully resolved by mutual agreement, written
verification of the resolution, with specifics on each point
addressed in the protest, will be forwarded to the Chief
Financial Officer (CFO).
B. To request information from this governmental body,
please contact:
Tina Broussard, City Clerk
City Hall
Physical Address:
801 Main Street, Suite 125
Beaumont, TX 77701
Mailing Address:
P.O. Box 3827
Beaumont, TX 77704-3827
409-880-3740 Fax
409-880-3745 Phone
openrecordsna,beaumonttexas. gov
19. WEBSITE — Vendors are responsible for verifying all
addendum to specifications_ downloaded from the City
website.
20. INTERLOCAL AGREEMENT — Successful bidder
If the Purchasing Division is not successful in resolving
agrees to extend prices to all entities who have entered
the protest, the protesting party may request, in writing,
into or will enter into joint purchasing inter -local
that the protest be considered by the CFO. Applicable
cooperation agreements with the City of Beaumont. The
documentation and other information applying to the
City of Beaumont is a participating member of several
protest will be forwarded to the CFO, who will promptly
inter -local cooperative purchasing agreements, as
review such documentation and information. If additional
permitted under Chapter 791 of the Texas Government
information is desired, the CFO may notify the necessary
Code, with certain other political subdivision, authorizing
party or parties to the protest to provide such information.
participation in a cooperative purchasing program. The
successful vendor may be asked to provide
If the CFO is not successful in resolving the protest, the
products/services based upon the bid price, to any other
CFO may forward to the City Manager a request for
participant.
review. The decision of the City Manager will be final.
21. FORCE MAJEURE - Neither the City nor the
18. PUBLIC INFORMATION ACT:
Contractor shall be required to perform any term,
condition or covenant of this .contact so long as
A. Texas Government Code, Chapter 552, gives you the
performance is delayed or prevented by force umajeure.
right to access government records; and an officer for
public information and the officer's agent may not ask
22. FUNDING OUT — The State of Texas statutes prohibit
why you want them. All government information is
the obligation and expenditure of public funds beyond the
presumed to be available to the public. Certain
fiscal year for which a budget has been approved. Should,
exceptions may apply to the disclosure of the
during the term of this contract, funds be withdrawn by the
information. Governmental bodies shall promptly
funding authority, a Force Majeure shall be deemed to
release requested information that is not confidential
exist, and this contract may be terminated without penalty
by law, either constitutional, statutory, or by judicial
or recourse by either party.
decision, or information for which an exception to
disclosure has not been sought.
23. TERMINATION — This contract may be terminated by
either party upon thirty (30) days' written notice.
Insurance Information
-29-
ATTACHMENT "A"
(Revised 2/5/2019)
INSURANCE
SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate
to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits (on a form approved and provided by the City), and termination provisions shown thereon, and shall furnish and
contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM
UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING
DIVISION, and no officer or employee of the City shall have authority to waive this requirement.
INSURANCE COVERAGE REQUIRED
SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the
contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in
statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR.
SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY,
CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at
CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY,
in the following type(s) and amount(s):
2.
TYPE AMOUNT
Workers' Compensation and Statutory
Employer's Liability
NOTE: For building or construction projects, and services provided at City -owned facilities, the successful
Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation
Commission Rule 28 TAC §110.110 which follows this insurance attachment.
Commercial General (public) Liability
including coverage for the following:
a.
Premises operations
b.
Independent contractors
C.
Products/completed operations
d.
Personal injury
e.
Advertising injury
f.
Contractual liability
g.
Medical payments
h.
Professional liability*
i.
Underground hazard*
j.
Explosion and collapse hazard*
k.
Liquor liability*
1.
Fire legal liability*
M.
City's property in Contractor's*
care, custody, or control
n.
Asbestos specific liability*
* Not required for this contract
Comprehensive Automobile Liability
insurance, including coverage for loading
and unloading hazards, for:
Combined single limit for bodily injury and
and property damage of $500,000 per
occurrence or its equivalent with an aggregate
limit of $1,000,000.
Combined single limit for bodily injury and
property damage of $500,000 per occurrence
or equivalent.
-30-
a. Owned/leased vehicles
b. Non -owned vehicles
C. Hired vehicles
4. Errors and Omissions Provide a prudent amount of coverage for the
insurance policy willful or negligent acts or omissions of any
(when applicable) officers, employees or agents thereof.
ADDITIONAL POLICY ENDORSEMENTS
CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may
make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions
(except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any
of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in
policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will
contain and state, in writing, on the certificate or its attachment, the following required provisions.
a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the
interest of each insured may appear) to all applicable coverage.
b. Provide for thirty (30) days' notice to City for cancellation, non -renewal, or material change.
c. Provide for notice to City at the address shown below by registered mail.
d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be covered
by the proceeds of insurance.
e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be
underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.
f. For coverages that are only available with claims made policies, the required period of coverage will be determined
by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for
the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end
of the warranty period.
NOTICES
CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days
prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be
given to CITY at the following address:
Purchasing Division
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not
relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither
shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability.
-31-
WORKERS COMPENSATION INSURANCE
for
Building or Construction Projects and Services Provided at City -Owned Facilities
TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110
As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply
with the following provisions:
Workers' Compensation Insurance Coverage
A. Definitions:
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure
issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
2. Duration of the project -includes the time from the beginning of the work on the project until the
Contractor's/person's work on the project has been completed and accepted by the City of Beaumont.
3. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees
of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the
Contractor inust, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont
showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont:
A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.
G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after
the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers'
Compensation Commission, informing all persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
-32-
The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:
1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project.
3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
4. Obtain from each other person with whom it contracts, and provide to the Contractor:
a. A certificate of coverage, prior to the other person beginning work on the project; and
b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project.
5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter;
6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project; and
7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the
certificates of coverage to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the
City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading
information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the
City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt
of notice of breach from the City of Beaumont.
As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as:
1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related
appurtenance;
2. Remodeling, extending, repairing, or demolishing a structure; or
3. Otherwise improving real property or an appurtenance to real property through similar activities.
The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does
not constitute engaging in building or construction.
- 33 -
CITY OF BEAUMONT
INSURANCE REQUIREMENT AFFIDAVIT
To be Completed By Appropriate Insurance Agent
and.submitted.with bid proposal. .
I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document
have been reviewed by me with the below identified Contractor. If the below identified Contractor is
awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified
of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in
this bid.
Agent (Signature)
Name of Agency/Broker: _
Address of Agent/Broker:
City/State/Zip:
Agent/Broker Telephone #:
CONTRACTOR'S NAME:
Agent (Print)
(Print or Type)
NOTE TO AGENT/BROKER
If this time requirement is not met, the City has the right to invalidate the bid award and award the
contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the
Contractor may be liable for breach of contract. If you have any questions concerning these
requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720.
-34-
UAW' Form No. C0131
CERTIFICATE OF INSURANCE Edition Date: 12/1212018
Page 1 of 4
This form is for informational purposes only and certifies that policies of insurance listed below have been
issued to insured named below and are in force at this time. Notwithstanding any requirements, term or
condition of any contract or other document with respect to which this certificate may be issued or may pertain,
insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such
policies.
Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified.
Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as
requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to
this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS
TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of
Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not.
This certificate shall be completed by a licensed insurance agent:
Name and Address of Agency:
Phone: /
Name and Address of Insured:
Phone: /
Prime or Sub -Contractor?:
Name of Prime Contractor, if different from Insured:
City of Beaumont Reference:
Project Name:
Project Location:
Managing Dept.:
Project Mgr.:
Insurers Affording Coverages:
Insurer A
Insurer B
Insurer C
Insurer D
-35-
UAW
Form No. 1
U
R
CERTIFICATE OF INSURANCE Edition Date:te: 2/12/2018
W Page 2 of 4
INSR
TYPE OF INSURANCE* :_
.: POLICY
'POLICY EFF;;=
• 'POLICY EXP.
-LIMITS OF LIABILITY-
LTR
NO.
DATE :
DATE
(MM/DD/YYYY)
{MM/DD/YYYY)
Commercial General
Each Occurrence
$
Liability Policy
As defined in the
Policy, does the Policy
General Aggregate
$
provide:
Completed
❑ Yes ❑ No — Completed Operations/Products
Operations/
$
Products Aggregate
❑ Yes ❑ No — Contractual Liability
Personal &
$
Advertising Injury
❑ Yes ❑ No — Explosion
Deductible or Self
$
Insured Retention
❑ Yes ❑ No — Collapse
❑ Yes ❑ No — Underground
❑ Yes ❑ No — Contractors / Subcontractors Work
❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑ Yes
❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) -
CG2037 1001 or Equivalent ❑ Yes
❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes
❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes
INSR
TYPE'OF INSURANCE
POLICY
',POLICYEFF.-DATE.
,POLICY-EXP.'
LIMITS OF,LIABILITY
LTR '
-
NO.(MM/DD/YYYY).
DATE ,
(MM/DD1YYYY)
Pollution /
Occurrence
$
Environmental
Impairment Policy
Aggregate
$
INSR
TYPE OHNSURANCE
POLICY
POLICY EFF. DATE
POLICY'EXP. DATE (MM/DD/YYYY)
LIMITS OF LIABILITY
LTR
NO: `.
(MM/DD/YYYY)
Commercial Auto
CSL
$
Liability Policy
As defined in the Policy,
Bodily Injury
$
does the Policy provide:
Per Incident -
❑ Yes ❑ No — Any Auto
Bodily Injury
$
Per Person
Property
$
❑ Yes ❑ No — All Owned Autos
Damage
Per Accident
-36-
Form No. C0131
� CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
Page 3 of 4
❑ Yes ❑ No — Non -Owned Autos
❑ Yes ❑ No — Hired Autos
❑ Yes ❑ No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes
❑ Yes ❑ No — 30 Day Notice of Cancellation - CA0244 or Equivalent ❑ Yes
❑ Yes ❑ No — Additional Insured - CA2048 or Equivalent ❑ Yes
❑ Yes ❑ No — MCS 90
INSR
TYPE °001NSURANCE�` ;;..
POLICY
:POLICY EFF.
POLICY EXP.. _
'LIMITS OF
LTR
NO.
'DATE , "
DATE•
LIABILITY
. (MM/DD/YYYY).
�(MMIDD/YYYY)
Excess Liability
Occurrence
$
❑ Umbrella Form
Aggregate
$
❑ Excess Liability
Follow Form
Workers
❑ Statutory
Compensation &
Each Accident
$
Employers Liability
As defined in the
Policy, does the Policy
provide
❑ Yes ❑ No — Waiver of Subrogation - WC420304
Disease -
$
Policy Limit
❑ Yes ❑ No — 30 Day Notice of Cancellation - WC420601
Disease -
$
Each Employee
Is a Builders Risk or
$
Installation
Insurance Policy
provided?
❑ Yes ❑ No
❑ Yes ❑ No — Is the City shown as loss payee/mortgagee?
Professional Liability
Each Claim
$
As defined in the
Policy, does the Policy
provide:
❑ Yes ❑ No — 30 Day Notice of Cancellation
Deductible or
$
Retroactive Date:
Self Insured
Retention
-37-
Form C0B1
n
CERTIFICATE OF INSURANCE Edition Date: 12/12/12/2018
�� Page 4 of 4
AGENT CERTIFICATION:
THIS IS TO CERTIFY TO THE CITY OF BEAUMONT
that the insurance policies above are in full force and effect.
Name of Insurance Company:
Name of Authorized Agent:
Company Address:
Agent's Address:
City: State: Zip:
City: State: Zip:
Authorized Agent's Phone Number (including Area Code):
Original signature of Authorized Agent:
X
Date:
CERTIFICATE HOLDER:
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704-3827
DATE ISSUED:
AUTHORIZED REPRESENTATIVE SIGNATURE
Licensed Insurance Agent
Printed Nam
-38-
END OF SPECIFICATIONS
-39-
BEAUMONT
TEXAS
February 27, 2020
ADDENDUM NO. 1
RFP FOR: Grant Management Services
RFP NO.: PF0220-07
Please be advised of the following updated information pertaining to the referenced RFP:
Via Fax: 2 pages
Via Email
1. Question: Will there be a Consultant agreement to be negotiated after award?
Answer: Yes.
2. Question: Does the contractor have the right to refuse entering in an Interlocal agreement
with other agencies as a result of this contract?
Answer: Yes.
3. Question: If written consent is required by the City for the approval of a subcontractor, is
consent required prior to the submission date or performed afterward?
Answer: Approval is required after award of contract to the Primary contractor. Primary
must list any subcontractors in the RFP response.
4. Question: Can travel expenses be a pass through with no mark up?
Answer: Yes.
When submitting RFP responses, proposers MUST acknowledge this Addendum No. 1 on page 22 of the RFP
specifications.
If we can be of further service, please do not hesitate to call Patrick Bardwell at 409-880-3175 or 409-880-3720.
Since ely,
Patrick J. Bardwell cc: Todd Simoneaux, Finance
Purchasing Manager Tim Ocnaschek, Police
PB:bd
G:\BIDS - DO NOT MOVE OR DELETEI\Pu20\Pu-F-20\PF0220-07_Add l.docx
PURCHASING
T 409.880.3720
F 409.880.3747
PO Box 3827 Beaumont, TX 77704
801 Main St. I Suite 315 Beaumont, TX 77701
beaumonttexas.gov