CHARLOTTE M. MOSES, MAYOR RONALD BURTON, CPM

THOMAS KINLAW, III CITY MANAGER

MAYOR PRO TEM

CHRISTE WHITLEY NED, TRMC

COUNCIL MEMBERS: CITY SECRETARY

TAYLOR L. GETWOOD

CAL J. JONES ROXANN PAIS COTRONEO

WARREN PENA CITY ATTORNEY

KAALA JACOBS

DONALD FRANK, SR.

September 22, 2026

REQUEST FOR QUALIFICATIONS

SCADA SYSTEM DEVELOPMENT FOR STORMWATER PUMP STATIONS

DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, September 23, 2026. (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, September 23, 2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.

MARK ENVELOPE: P26-058

DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies and USB of your RFQ to:

CITY OF PORT ARTHUR CITY OF PORT ARTHUR

CITY SECRETARY

P.O. BOX 1089

or CITY SECRETARY 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 | Purchasing Manager, Clifton Williams, P.O. Box 1089|444 4th Street| Port Arthur, Texas 77641| 409.983.8160 |Fax 409.983.8291 mailto:clifton.williams@portarthurtx.gov

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.

Clifton Williams Purchasing Manager

REQUESTS FOR QUALIFICATIONS

SCADA SYSTEM DEVELOPMENT FOR STORMWATER PUMP STATIONS

(To be Completed ONLY IF YOU DO NOT BID.)

FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN

REMOVAL FROM THE VENDOR’S LIST. However, if you are removed you will be reinstated upon request.

In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated.

NO BID is submitted: this time only not this commodity/service only

Yes No

Does your company provide this product or services?

Were the specifications clear?

Were the specifications too restrictive?

Does the City pay its bills on time?

Do you desire to remain on the bid list for this product or service?

Does your present work load permit additional work?

Comments/Other Suggestions:

Company Name:

Person Completing Form: Telephone:

Mailing Address: Email:

City, State, Zip Code: Date:

. REQUEST FOR QUALIFICATIONS

SCADA System Development for Stormwater Pump Stations

City of Port Arthur, Texas

1. PROJECT OVERVIEW

1.1. Background

The City of Port Arthur, Texas seeks qualified engineering firms to develop, design, and implement a comprehensive Supervisory Control and Data Acquisition (SCADA) system for its municipal stormwater drainage pump stations. Port Arthur, located in Jefferson County along the Texas Gulf Coast, operates critical drainage infrastructure to manage stormwater and protect the community from flooding events.

1.2. Project Scope

The selected engineering firm will:

• Assess the existing pump station infrastructure and control systems

• Design and develop a centralized SCADA system

• Integrate with the existing pump station equipment and controls

• Implement real-time monitoring and control capabilities

• Develop operator interfaces and reporting systems

• Implement cybersecurity framework and reporting system

• Commission and test the system

• Train the operators

• Develop standard operating procedures and maintenance protocols

1.3. Project Objectives

This project will:

• Enhance the operational efficiency of Port Arthur’s drainage (stormwater) pump stations

• Improve emergency response capabilities during flood events

• Reduce operational costs through automated monitoring and control

• Implement predictive maintenance capabilities

• Provide redundant communication systems for reliability

2. PUMP STATION INVENTORY

The SCADA system will integrate up to seven (7) pump stations throughout the City’s drainage system.

A detailed pump station inventory, capacities, and locations will be provided to qualified respondents.

3. TECHNICAL REQUIREMENTS

3.1. System Architecture

• Centralized SCADA server with redundant backup systems

• Distributed Remote Terminal Units (RTUs) at each pump station

• Secure communication networks (fiber optic, cellular, radio)

• Human Machine Interface (HMI) workstations

• Historical data servers and reporting systems

• Mobile access capabilities for field personnel

3.2. Monitoring and Control Functions

• Real-time pump status and performance monitoring

• Water level monitoring in the wet wells and discharge points

• Flow rate measurement and totalization

• Power monitoring and electrical system status

• Alarm management and notification systems

• Remote pump start/stop capabilities

• Variable frequency drive (VFD) control integration

• Emergency backup power system monitoring

3.3. Communication Systems

• Primary: Fiber optic network, where available

• Secondary: Cellular communication systems

• Backup: Radio communications systems

• All systems must provide redundancy and failover capabilities

3.4. Cybersecurity Requirements

• Compliance with National Institute of Standards and Technology (NIST) cybersecurity framework

• Network segmentation and firewall protection

• Multi-factor authentication systems

• Encrypted communications

• Regular security auditing and penetration testing

• Incident response procedures

3.5. Integration Requirements

• Integration with the City’s existing IT infrastructure

• Weather monitoring system integration

• Geographic Information System (GIS) integration

• Emergency management system interfaces

• Compatibility with existing Allen-Bradley, Schneider Electric, and Siemens control systems

4. QUALIFICATION REQUIREMENTS

4.1. Minimum Qualifications

• Firm Qualifications

• Licensed professional engineering firm in the State of Texas

• Minimum 10 years’ experience in SCADA system design and implementation

• Minimum five (5) years’ experience with municipal drainage (stormwater) SCADA systems

• Demonstrated experience with stormwater management systems

• ISO 9001 certifications preferred

• Local or regional office within 200 miles of Port Arthur, Texas

• Key Personnel Qualifications

4.1..1. Project Manager

• Licensed Professional Engineer (PE) in Texas

• Minimum 10 years’ project management experience

• Minimum five (5) years’ SCADA project management experience

4.1..2. SCADA System Engineer

• Licensed Professional Engineer (PE) in Texas

• Minimum eight (8) years’ SCADA system design experience

• Experience with Aveva Solutions, SIMATIC WinCC, Ignition, or similar SCADA platforms

• Municipal networking and cybersecurity experience

4.1..3. Control Systems Engineer

• Minimum five (5) years’ experience with PLC programming and HMI development

• Experience with Allen-Bradley, Schneider Electric, Siemens platforms

• Variable frequency drive integration experience

4.1..4. Communications Engineer

• Minimum five (5) years’ experience with industrial communication systems

• Fiber optic, cellular, and radio system design experience

• Network security implementation experience

4.2. Financial Qualifications

• Minimum annual revenue of $5 million for the past three (3) years

• Bonding capacity of at least $2 million

• Professional liability insurance minimum $2 million

• General liability insurance minimum $1 million

4.3. References

Minimum five (5) references for similar SCADA projects completed within the last five (5) years for municipal clients.

5. PROJECT INFORMATION AND CONSTRAINTS

5.1. Estimated Project Value

$???? To $???? (including design, equipment, installation, and commissioning)

5.2. Project Schedule

• RFQ Response Period:

• Qualification Review:

• Request for Proposals (RFP) Issue:

• Design Phase:

• Implementation Phase:

• Commissioning and Training:

5.3. Environmental Considerations

• Coastal environment with high humidity and salt air exposure

• Hurricane and tropical storm preparedness requirements

• Compliance with local, state, and federal environmental regulations

• Coordination with Drainage District No. 7

5.4. Regulatory Requirements

• Compliance with the Texas Administrative Code Title 30

• National Electrical Code (NEC) compliance

• FCC regulations for radio communications

• OSHA safety requirements

6. SUBMISSION REQUIREMENTS

6.1. Qualification Package Contents

• Cover Letter (1 pages maximum)

• Statement of interest and understanding of project scope

• Commitment to project timeline and budget constraints

• Key differentiators and value propositions

• Firm Information and Qualifications (5 pages maximum)

• Company background, history, and ownership structure

• Organizational chart and staff qualifications

• Professional licenses and certifications

• Financial statements for the past three (3) years

• Insurance certificates

• Bonding capacity documentation

• Project Team (4 pages maximum)

• Proposed project organization chart

• Key personnel resumes and qualifications

• Roles and responsibilities matrix

• Percentage of time commitment for key personnel

• Local office information and staffing

• Relevant Experience (5 pages maximum)

• Minimum five (5) similar SCADA projects completed in the last 10 years

• Project descriptions including scope, budget, schedule, and outcomes

• Municipal stormwater management experience

• Coastal/hurricane environment experience

• Client references with contact information

• Technical Approach (5 pages maximum)

• Understanding of project challenges and requirements

• Preliminary system architecture concepts

• Communication system approach

• Cybersecurity strategy

• Integration methodology

• Quality assurance and testing procedures

• Project Management Approach (2 pages maximum)

• Project delivery methodology

• Schedule management approach

• Risk management strategy

• Communication and reporting protocols

• Change management procedures

6.2. Submission Format

• Original plus three (3) copies in sealed envelope

• Electronic copy on USB drive (in PDF format)

• Maximum total page count: 20 pages (excluding required forms)

• 8.5” x 11” format, minimum 11-point font

• Bound with tabs separating each section

6.3. Required Forms (Appendices)

• Qualification Statement Form

• Non-Collusion Affidavit

• Equal Employment Opportunity Certification

• Historically Underutilized Business (HUB) Participation Plan

• Insurance Requirements Acknowledgment

• References

7. EVALUATION CRITERIA

Qualifications will be evaluated based on the following weighted criteria:

7.1. Technical Qualifications (35%)

• Relevant SCADA system experience

• Municipal stormwater management experience

• Technical approach and innovation

• Understanding of project requirements

7.2. Project Team Qualifications (25%)

• Key personnel experience and qualifications

• Team organization and commitment

• Local presence and support capabilities

7.3. Past Performance and References (25%)

• Quality of similar projects completed

• Client satisfaction and references

• Schedule and budget performance

• Problem resolution capabilities

7.4. Firm Qualifications and Stability (15%)

• Financial stability and bond capacity

• Professional licenses and certifications

• Insurance coverage adequacy

• Corporate experience and longevity

8. SELECTION PROCESS

8.1. Selection Committee

The City will establish a selection committee comprising of representatives from:

• Public Works Department

• Information Technology Department

• Emergency Management

9. GENERAL CONDITIONS

9.1. Right to Reject

The City reserves the right to reject any or all qualifications, waive minor irregularities, and negotiate with the selected firm.

9.2. Public Information

All submitted materials become public information subject to the Texas

9.3. Costs

9.4. Ethics and Conflicts of Interest

9.5. Equal Opportunity

10. CONTACT INFORMATION

The City of Port Arthur desires to rehabilitate and standardize its seven (7) drainage (stormwater) pump stations by establishing reliability needs at each pump station, including estimated construction costs.

LETTER OF INTEREST

RFQ – SCADA SYSTEM DEVELOPMENT FOR STORMWATER PUMP STATIONS

DEADLINE: SEPTEMBER 23, 2026

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 stated project 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

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:

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

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

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

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.

https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

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.

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 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.

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.

ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFP.