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HomeMy WebLinkAbout11-12-12 Meeting of the La Porte Development Corporation Board of Directors RICHARD WARREN,PRESIDENT MIKE CLAUSEN, BOARD MEMBER MIKE COOKSLEY, BOARD MEMBERRANDY WOODARD, BOARD MEMBER JOHN ZEMANEK, BOARD MEMBERNANCY OJEDA,BOARD MEMBER CHUCK ENGELKEN, BOARD MEMBER CITY OF LA PORTE DEVELOPMENT CORPORATION MEETING AGENDA Notice is hereby given of a meeting of theCity of La Porte Development Corporation to be held on November12,2012, at the City Hall Council Chambers, 604 West Fairmont Parkway,La Porte, Texas, at 5:00p.m. to consider the followingitems of business: 1. Call to order 2. Consider approval of minutes of the meeting of La Porte Development Corporation Board held on October 22, 2012 –P. Fogarty 3.Public Hearing to receive comments on proposed expenditure of the La Porte Development Corporation funds to pay for an incentive grant in the amount of $500,000.00 for a project to provide infrastructure improvements to the InterGulf World Headquarters site on State Highway 146 in the City of La Porte –S. Osborne 4. Consider approval or other action concerning proposed expenditureof the La Porte Development Corporation funds to pay for an incentive grant in the amount of $500,000.00 for a project to provide infrastructure improvements to the InterGulf World Headquarters site on State Highway 146 in the City of La Porte –S. Osborne 5. Receive presentation from staff regarding a Request for Proposal (RFP) for a Retail Study–S. Osborne 6. Set date for next meeting –S. Osborne 7.Board member commentsregarding matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. 8. Executive Session–The La Porte Development Corporation reserves the right to meet in executive session on any agenda item should the need arise and if authorized by the Texas Open Meetings Act, Title 5, Chapter 551, of the Texas Government Code. 9. Reconveneinto regular session and consider action, if any, on items discussed in executive session. 10. Adjourn In compliance with the Americans with Disabilities Act, the City of La Porte City will provide for reasonable accommodations for persons attending publicmeetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the November 12, 2012, agenda of items to be considered by the Board of the La Porte Development Corporation was posted on the City Hall bulletin Boardon November 6, 2012 Page 1of 1 November 12, 2012, La Porte Development Corporation Agenda RICHARD WARREN,PRESIDENT MIKE CLAUSEN, BOARD MEMBER MIKE COOKSLEY, BOARD MEMBERRANDY WOODARD,BOARDMEMBER JOHN ZEMANEK, BOARD MEMBERNANCY OJEDA, BOARD MEMBER CHUCK ENGELKEN, BOARD MEMBER MINUTES OF LA PORTE DEVELOPMENT CORPORATION BOARD MEETING OF OCTOBER 22, 2012 October 22,2012, The City of La Porte Development Corporation Board met onat the City Hall Council 5:00p.m Chambers, 604 West Fairmont Parkway, La Porte, Texas, at .to consider the followingitems of business: 1. Call to Order President Warrencalled the meeting to order at 5:00p.m. The following members of the La Porte Development Corporation Board were present: Board membersCooksley,Zemanek,Engelken, Clausen, Woodard and Ojeda. Staff Present:Corby Alexander,Traci Leach,Patrice Fogarty,Clark Askins, Michael Dolby and Stacey Osborne. 2. Consider approval of Minutes of the La Porte Development Corporation Board held on August 14, 2012–P. Fogarty Board member Zemanekmoved to approve the minutes as presented. Board member Cooksley MOTION PASSED. seconded. Ayes: President Warren, Board members Engelken, Woodard, Cooksley, Zemanek, Clausen and Ojeda Nays: None Absent:None 3. Receive presentation from staff and provide guidance regarding the pursuit of an incentive project– S. Osborne Economic Development Coordinator StaceyOsborne provided a presentation. Board member Zemanekmoved toauthorize the La Porte Development Corporation Board to MOTION pursue an incentive project withInterGulf Corporation. BoardmemberOjeda seconded. PASSED. Ayes: President Warren, Board members Engelken, Woodard, Cooksley, Zemanek, Clausen and Ojeda Nays: None Absent:None 4. Consider approval or other action awarding a grant amount not to exceed $25,000.00 for Kyle Reese,owner of a historic building needing renovations for the Main Street Overlay District enhancement program to be awarded at the completion of the project –S. Osborne Page 1of 2 October 22, 2012, La Porte Development Corporation Board Minutes Economic Development Coordinator Stacey Osborne presented a summary. Board member Woodard commented there needed to be more than one bid from a contractor before awarding a grant. Board member Ojeda suggested moving this item to a future meeting until staff presents more than one bid and other detailed information before awarding the grant. 5.– Set date for next meetingS. Osborne Board members set the next meeting date for November 12, 2012at 5:00p.m. 6. Staff Reports (a) Received Financial Report –M. Dolby Finance Director Michael Dolby provided the board a Financial Report. 7. Board member comments regarding matters appearing on agenda; recognition of community members, city employees and upcoming events; inquiry of staff regarding specific factual information or existing policies. PresidentWarren requested future agendapackets be mailed to his home address a week prior to the meetings, if possible.No other Board members requested future agendapackets be mailed to their home addresses. 8. Executive Session –The La Porte Development Corporation reserves the right to meet in executive Session on any agenda item should the need arise and if authorized by the Texas Open Meetings Act, Title 5, Chapter 551, of the Texas Government Code. There was no executive session. 9. Reconvene into regular session and consider action, if any, on items discussed in executive session.–There was no executive session. 10. Adjournment There being no further business, Board member Engelkenmoved to adjourn the meetingat 5:31 MOTION PASSED. p.m. Board memberOjedaseconded. Ayes: President Warren, Board members Engelken, Woodard, Cooksley, Zemanek, Clausen and Ojeda Nays: None Absent:None Respectfully submitted, ____________________________________ Patrice Fogarty, City Secretary th Passed and approved on this12dayofNovember,2012. ____________________________________ President RichardWarren Page 2of 2 October 22, 2012, La Porte Development Corporation Board Minutes REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested:11/12/12 Source of Funds: Requested By:Stacey Osborne Account Number:038-6030 Department:CMO Amount Budgeted: Report:Resolution:Ordinance: Amount Requested:$500,000 Exhibits:A.InterGulf Letterand Background YES NO Budgeted Item: B.Project cost estimate C.Site Map D.Photographs SUMMARY & RECOMMENDATION This Public Hearing is to receive public input on the proposedexpenditureof La Porte Development Corporation funds to pay for an incentive grant in the amount of $500,000 for a project to provide infrastructure improvements to the InterGulf World Headquarters Site on SH 146 in the City of La Porte. InterGulf Corporation is a local company seeking a location for the offices of the World Headquartersfor their growing business. InterGulf Corporation isplanning to consolidate its regional administrative offices to a new headquarterson a piece of property on the west side of the SH 146Frontage Road,between C and D streets,in La Porte. The company plans to invest $2.1M in capital investment, and create at least 40 new primary jobs in the coming year. InterGulf Corporation and the current owners of the property approached staff regarding the need for increased property areafor expansion and parking. InterGulf Corporation would like the La Porte Development Corporation to consider a project to pay for the cost of improving the drainage right of way, currently owned by the City of La Porte, located adjacent to the south side of the property(D Street). The improvements would include the addition of box culverts, backfill, and paving it with asphalt so the site can accommodate the company’s plans for future growth. The company would also like to purchase the portion of the D Street right of way containing the improvements for the existing drainage channel from the City so they can use the surfacefor their expansion plans. However, the underground system would continue to serve the City’s drainage purposes, and would be a drainage corridor that the City would maintain and operate under the surface of the land. The city would reserve an easementas part of the closure of the right-of-way, for this purpose. In addition to improving the site for future development, this project would have the added benefit of saving the City costly maintenance costsover time. The right of wayis currently in disrepair, and this project would improve both the appearance and the efficiency of the drainage system. This project is a permissible EDC project under Chapter 501 of the Texas Local Government Code. As such, staff recommends that the EDC fund the project in an amount not to exceed $500,000.00.Inaddition, the city will contribute staff time devoted to engineering and project management. Any amount over the $500,000.00will be paid for by Intergulf Corporation. Upon receipt of public input on this project, the Board will vote on whether to approve this expenditure as a project of the La PorteDevelopment Corporation. If approved, the project cannot be undertaken until the 60 day period following the publication date of the notice of public hearing, which was November 8, 2012. If during this 60 day period at least 10 percent of the registered voters file a petition requesting a public election on the proposed project, the project must be put on hold and submitted to the voters for approval. If approved, the project will be included in the FY 2012-13quarterly budgetamendmentto be approved by both the La Porte Development Corporation Board and the City Council. Action Required by Economic Development Corporation: 1.Conduct public hearing 2.Consider approval or other action to accept the grant of $500,000for infrastructure improvements on the InterGulf World Headquarters Site on SH 146 in La Porteas a project of the La Porte Development Corporation. Approved for La Porte Development Corporation Agenda Corby D. Alexander, City ManagerDate September 19, 2012 Stacey F. Osborne Economic Development Coordinator City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: Intergulf Corporation’s Office Expansion Dear Ms. Osborne, I wanted to thank you for your time Monday morningand I’m encouraged to learn that the City of La Porte has established an economic development program that can provide incentives to businesses that are considering locatingto La Porte. As we discussed, we are interested in 1.07 acres of property located on Hwy. 146 S frontage just south of West C Street. This site serves as an excellent location between our three facilities and easy access to major highways. Our plan is to build an office / administration building to support our three facilities. This proposed office building would be our main headquarters for executives, accounting, administration, human resources, information technology, middle management, sales, etc. We expect to move an estimated 36 employeesimmediately from various offices inPasadena, Kemah and La Porte’s Battleground Industrial District with plans for a 20% employee growth factor. We are currently working on our finalized budget, but we are planning on a capital expense in the rangeof $2.0-$2.1 million for the acquisition of the property and the construction of a two story 14,000 –20,000 square foot building. The current property size of 1.07 acres will have significant limitations on parking spaces, fire access and future growth. Adjacent to the south side of the property is a drainage easement owned by the City of La Porte that measures approximately 80’ x 266’. This propertycould be improved with box culverts and covered to add an additional 0.49 acres ofproperty thus adding anadditional parking area that wouldsolve our perceived limitations. This improvement would also benefit the city as itwould no longer need to maintain a large drainage ditch that is currently experiencing slope failure and is an eyesore. Additionally, we are concerned that the 1.07 acreproperty could be impacted by the current slope failure of the drainage ditch causing future foundation issues. As you can see, this improvement would be beneficial to both Intergulf Corp. and the City of La Porte. We would like to ask the City of La Porte’s Economic Development Committee to consider sellingIntergulf the aforementioned property for approximately 75% of the estimated value ($3.25 per square foot)and pay for the improvements that includeadding box culverts, backfilling and paving withasphalt. This would solidify our decision to purchase this property and move our new office location to the City of La Porte. We look forward to working with the City of La Porte on our future office building site. Sincerely, Bandon Velek BrandonVelek, COO 281-474-4210 Phone 281-910-4210 Cell 281-474-2987 Fax About Intergulf Corporation Intergulf Corporation is an industrial liquids management company specializing in procuring, blending, treating, and processing petroleum,petrochemical secondary products, and waste streams. Strategically located along the Houston Ship Channel, Intergulf is actively involved in the petrochemical community and understands the dynamics involved in this sensitive, highly regulated arena. Formed in 1983, Intergulf has the experience, financial strength, and conservative management principals needed to meet the requirements of our customers. Intergulf operates in two primary business segments: products blending & trading, and waste & recoverable materials. Buyers of Petrochemical Co-Products & Cutterstock Our product segment specializes in petroleum and chemical products blending, processing, trading, and reclassification. Product sales and procurement activities extend from the U.S. Gulf Coast to the Central Northeast U.S., West Coast, and Canada. Products are shipped by rail and tank truck to ourStrang Road facility in La Porte, Texas or our Bayport Plant in Pasadena, Texas. Products can be shipped by barge or truck to our leased bulk storage tanks located on the Houston Ship Channeland our Marine Terminal in La Porte, Texas. Bulk shipments are made in or out bound by barge, rail, or truck. Liquid Waste & Recoverable Petroleum Fuels Intergulf provides liquid waste and recycling services to industrial generators and marine vessels. In January 1999, the Bayport processing facility was built and primarily focused on the collection and treatment of liquid waste from marine, industrial, and petrochemical industries and more specificallymaterials that contain recoverable amounts of petroleum products for extraction and resale. In 2000, Intergulf expanded services to include non-hazardous wastewater treatment rd and disposal for 3party generators pursuant to a permit received from the Texas Commission on Environmental Quality (TCEQ). This permit was modified in 2011 to include hazardous waste. This fully permitted processing facility accepts materials from industrial, petrochemical, and transportation related facilities including waste water, oil emulsions, used oil, sludges, tank bottoms, municipal sumps/grit traps for road base recycling, and recoverable petroleum product streams. The Bayport plant is equipped to handle both truck (vacuum, tanker, roll off, drum) and rail shipments. Intergulf also provides off site waste services and transportation using our fleet of vacuum trucks, tanker trucks, and drum transports. Bayport -Physical Plant The Bayport facility is situated on 2.5 acres of land located in the Bayport Industrial Complex, Pasadena, Texas. The facility was constructed in 1999 on virgin property zoned strictly industrial. All truck handling and material processing operations are conducted within a sealed concrete containment area designed to eliminate the possibility of environmental contamination. The Bayport facility is routinely inspected by a variety of regulatory agencies and has never been cited for a major violation. A closure bond has been established with the TCEQ in the form of a paid-in trust to cover potential clean up expenses in the event of facility closure. The Bayport facility is registered with the U.S. EPA and the Texas Commission for Environmental Quality (TCEQ) as a used oil processor and transporter. The facility is permitted by the U.S. Coast Guard as a mobile transfer facility and by the TCEQ as a non-hazardous industrial waste processing facility. The U.S. EPA has determined that the Bayport facility is acceptable for the receipt of hazardous substances, pollutants or contaminants (excluding RCRA hazardous waste) from Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) response actions. Intergulf’s Bayport facility recovers several thousand barrels of oil/fuel and recovered products per month that is blended onsite then sold into utility fuel oil, gasoline blendstock market, and commercial chemical product markets. Residual waste water rd generated from the fuel recovery operation and waste water received from 3party generators is pretreated using a variety of approved methods prior to discharge via pipeline to Gulf Coast Waste Disposal Authority (GCA). GCA is a state-chartered authority created to provide regional waste treatment services to industry. Wastewater discharged is allowed under a permit withGCA to its Bayport plant. The physical plant and facility consists of 2 office buildings with asphalt parking lot, plant processing area of approximately 22,000 square feet which contains 6 truck loading/unloading stations, rail spur for rail car transfers, 18 assorted storage/processing tanks with a total capacity of 700,000 gallons, two steam boilers, DAF (dissolved air floatation unit), filter press, mix tank, solids handing unit, and associated pumps, valves, piping, filters, walkways, controls, carbon absorption canisters, etc. Our onsite laboratory supports all phases of operations including material screening and oil and water quality. The Bayport plant is equipped to handle both truck and rail shipments. Intergulf also provides off site waste services and transportation using our fleet and vacuum, tank trucks, and drum transports. Strang –Physical Plant The Strang facility is 11 acres located at LaPorte’s Battleground Industrial District. This area is zoned heavy industrial and has easy access to Highway 225. The site is mostly raw land with 2,000’ of rail track, 1,500bbls. per day refinery, thermal oxidizer, 13,500bbls. of heated storage tanks, propane fire boiler, 3 railcar loading/unloading containment, 4 truck loading/unloading containment, laboratory, dispatchoffice, truck maintenance shop,controlled access gates, security cameras, and truck maintenance area. Intergulf’s future expansions will be located at this sitethat include a used oil re-refinery and centrifuge processing. Marine Terminal –Physical Plant Intergulf operates a bulk storage terminal located in La Porte’s Battleground Industrial District that serves as a fleeting location for Intergulf’s owned and operated 1,800HP tug boat, 10,000bbl. barge and two leased 10,000bbl. barges. This site stores petrochemical products and marine waste collected from vessels and terminals in the Texas gulf coast. The terminal consists of 31,200bbls. of bulk storage for Intergulf’s activities and rd 54,000bbls. of storage for 3party tank tenants. The terminal can receive and discharge materials by truck or barge featuring automated truck loading/unloading. The site is currently under construction to expand its bulk storage capacity to 200,000bbls. in the near future. Website:www.intergulfcorp.com PRELIMINARY ENGINEERING ESTIMATE FOR DRAINAGE IMPROVEMENTS ALONG "D" STREET CITY OF LA PORTE, TEXAS SECTION "A" - DRAINAGE ITEMBIDUNIT NO.ITEM DESCRIPTIONUNITQUANTITYPRICEAMOUNT 1Mobilization @_________________________________________________ _________________________________________________LS1.00$20,000.00$20,000.00 Per LumpSum 210'x7' RCB including Clearing, Grubbing & Bedding @_________________________________________________ _________________________________________________LF330.00$870.00$287,100.00 Per Linear Foot 3Earthwork Excavation for Fill Material @_________________________________________________ _________________________________________________CY7,300.00$4.75$34,675.00 Per Cubic Yard 4Type I Junction Box @_________________________________________________ _________________________________________________EA1.00$15,000.00$15,000.00 Per Each 5Type I Junction Box w/ Grate Inlet Top @_________________________________________________ _________________________________________________EA2.00$20,000.00$40,000.00 Per Each 6Storm Water Pollution Prevention @_________________________________________________ _________________________________________________LS1.00$1,000.00$1,000.00 Per Lump Sum SUBTOTAL SECTION "A" DRAINAGE$397,775.00 SUBTOTAL SECTION "A" SANITARY SEWER$397,775.00 +15% CONTINGENCY$59,666.25 TOTAL ESTIMATE FOR DRAINAGE IMPROVEMENTS$457,441.25 SECTION "B" - PARKING LOT ITEMBIDUNIT NO.ITEM DESCRIPTIONUNITQUANTITYPRICEAMOUNT 16" Reinforced Concrete Pavement @_________________________________________________ _________________________________________________SY1800.00$30.00$54,000.00 Per Square Yard 26" Lime Stabilization (8% by weight) @_________________________________________________ _________________________________________________SY1,926.00$3.75$7,222.50 Per Square Yard 36" Dowel Curb @_________________________________________________ _________________________________________________LF400.00$3.00$1,200.00 Per Linear Foot 4Striping @_________________________________________________ _________________________________________________LS1.00$5,000.00$5,000.00 Per Lump Sum 5Storm Water Pollution Prevention @_________________________________________________ _________________________________________________LS1.00$2,000.00$2,000.00 Per Lump Sum SUBTOTAL SECTION "B" $69,422.50 SUBTOTAL SECTION "B" PARKING LOT$69,422.50 +15% CONTINGENCY$10,413.38 TOTAL ESTIMATE FOR PARKING LOT$79,835.88 755756252628 AREA MAP W B ST 758757242321 PROPOSED CLOSING N. 11TH ST. R-O-W 4 PROJECT LOCATION WEST "D" STREET R-O-W 79179212 119 794793120117 W E ST 122 827828121124 Legend CLOSED RIGHT-OF-WAY 830829144143141 1 inch = 200 feet REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Appropriation Agenda Date Requested:11/12/12 Source of Funds: Requested By:Stacey Osborne Account Number:038-30 Department:CMO Amount Budgeted:$25,000 Report:xResolution:Ordinance: Amount Requested:$25,000 Exhibits:RFP for Retail Study YESNO Budgeted Item: SUMMARY & RECOMMENDATION During the budget discussions for the 2012-13 FY, the Board of Directors approved the expenditure of $25,000 for a retail study for the City of La Porte. Working with the Purchasing Department, staff has prepared an RFP for the studywhich is included herefor the Board’s review. Pending any objections, staff is prepared to open this RFP on Monday, November 19. All submissions must be received by November 30. Staff will present all submissions to the Board for the Board to determine which proposals they would like to consider. We will schedule interviews with prospective suppliers in January and/or February. Action Required by Economic Development Corporation: Provide direction to staff regarding moving forward with the RFP for a Retail Study. Approved for La Porte Development Corporation Agenda Corby D. Alexander, City Managerdate SEALED RFP #13501 RETAIL MARKET STUDY AND RETAIL RECRUITMENT/MARKETING CITY OF LA PORTE NOTICE TO OFFERORS All sealed proposals shall be submitted including one (1) marked original andthree(3) duplicateson the original forms and clearly marked withRFP number and description. Proposals will be received at thePurchasing Office, 604 W. Fairmont Parkway, La Porte, TX 77571 untilMonday,December 10,2012at 5:00 p.m. Forms furnished by the City of La Porte may be obtained without deposit from: City of La Porte Purchasing Division 604 W. Fairmont Pkwy. La Porte, TX 77571 (281) 470-5126 purchasing@laportetx.gov Proposals will be opened so as to avoid disclosure of contents to competing offerors and kept secret during the process of negotiation. All proposals shall be open for public inspection after contract award. Trade secrets and confidential or proprietary information, so noted in proposal, shall not be open for public inspection. The City of La Porte hereby notifies all offerors that in regard to any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and/or all proposals, to waive any and all technicalities and to accept any proposal or part thereof, which in the opinion of the City Council, is most advantageous to the City. In case of ambiguity or lack of clearness in stating the prices in the submittal, the City reserves the right to consider the most advantageous offerthereof or to reject theproposal. CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this proposal. All items proposed and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this proposal. Offeror understands that the Owner reserves the right to reject any or all offers and to waive any informalities in the proposal. The offeror agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Respectfully submitted: BusinessName (please print) AddressSignatureDate City, State, Zip CodeE-mail Office PhoneFax Number CITY OF LA PORTE CERTIFICATION BY RESPONDENT City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondentfurther certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. If undersigned respondentis not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the proposal, or non-compliance with said ordinance shall be just cause for rejection or disqualification of offer. ____ The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. or ____ The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Address: Printed Name: Authorized Signature: Date: CITY OF LA PORTE GENERAL TERMS & CONDITIONS 1.RECEIPT AND OPENING OF PROPOSALS The City of La Porte, (hereinafter called the "Owner"), invites proposals on the form attached hereto. P including one(1)marked original roposals shall be submitted andthree(3)duplicateson the original forms andclearly marked with RFP number Owner will receive proposals at the Purchasing Office, 604 W. and description. Fairmont Pkwy., La Porte, TX 77571. The Owner may not consider any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all proposals. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. 2.PROPOSAL MODIFICATIONSAND ADDENDUMS Any offeror may modify their proposal by written communication at any time prior to the scheduled receipt of proposals, provided such communication is received by the Owner prior to closing time. The communication should not reveal the proposal price, but should provide theaddition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened. Owner shall not provide interpretation of the meaning of the plans, specifications or other pre-proposal documents to any respondentorally. Such communication must be in writing. Every request for such interpretation should be in writing addressed to the Purchasing Manager, 604 W. Fairmont Pkwy., La Porte, TX 77571 or e-mailed to purchasing@laportetx.gov. All requests shall be received at least five (5) days prior to the scheduled time for receipt of offers. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be posted on City website, www.laportetx.gov no later than three (3) working days prior to the scheduled time for receipt of offers. Potential respondents are responsible for checking City website for additional solicitationdocuments. Failure of any respondentto receive any such addendum or interpretation shall not relieve themfrom any obligation of submittal.All addenda issued shall become part of the contract documents and must be acknowledged as received on submitted document. General Terms & Conditions Continued Page 2 of 3 3.METHOD OF AWARD Evaluation will be based on the criteria stated in the RFP. The best proposal submitted by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied in numerical order in which they are listed on the Form of Proposal, as produces a net amount, which is within the available funds. The City of La Portereserves the right to waive any informalities or technical errors thatin its judgment will best serve the interests ofthe City. 4.FUNDING OUT CLAUSE The City of La Porte warrants that funds are available to pay for this contract until the end of its current fiscal year and warrants funds will be requested to make payment in each appropriation period from now until theend of the last renewable option year. However, if funds are not made available after such request, then the City of La Porte may terminate this agreement with thirty (30) days written notice. 5.QUALIFICATIONS OF OFFEROR At the time of the opening ofproposals, each offeror will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any offeror to examine any form, instrument, or document shall in no way relieve any offeror fromany obligation in respect of his proposal. The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contractand to complete the work contemplated therein. Conditional proposals will not be accepted. 6.CONDITIONS OF WORK Each offeror must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful offeror of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possible contractor, in carrying out his work, must employ such methods or meansas will not cause any interruptions of or interference with the work of any other contractor. General Terms & Conditions Continued Page 3 of 3 7.LAWS AND REGULATIONS The offeror’s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 8.SUBCONTRACTS The offeror is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 9.SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 10.CONFLICT OF INTEREST Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter into a contract for the sale or purchase of property, goods or services with a local government entity and who has a business relationship (as defined by Section 176.001(1-a)) with the local government entity, shall file a completed conflict of interest questionnaire with the City Secretary within 7 business days after the latter of: 1) the date the person begins discussionsor negotiations to enter into a contract, including submission of a proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City of La Porte website at www.laportetx.govor from the Texas Ethics Commission at www.ethics.state.us.Completed conflict of interest forms may be mailed or delivered to the office of City Secretary, 604 W. Fairmont Pkwy.,La Porte, TX 77571. Please consult your own legal advisor if you have questions regarding the statute of this form. CITY OF LA PORTE INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employeesfrom and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney’sfees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed byor working as an independent contractor for Contractor or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor’s and Subcontractor’s employeesor independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. ContractorDate Printed NameSignature REQUEST FOR PROPOSAL#13501 Retail Market Studyand Retail Recruitment/Marketing The City of La Porte is seeking proposals for a retail market study and services that will help us attract retail development to our city. BACKGROUND: The City of La Porte is a charming town of 34,000 residents located on Galveston Bay, just 25 miles east of downtown Houston. Our city offers cool bay breezes and sunny parks, with outdoor recreation year round for the entire family. Visitors and residents enjoy the skate-park, swimming pools (including our very popular wave pool), golf course, museum, and hike and bike trails, as well as our 28 city parks. The warm waters of Galveston Bay make us a superb location for outdoor sports, including fishing, sailing, and kayaking. Residents enjoy the laid back, quiet atmosphere and relish living in a bayside community. La Porte’sprimary economic asset is our ideal location for lucrative industrial and petrochemical manufacturing industries. Because La Porte is situated just between two major terminals of the Port of Houston authority and in close proximity to major railways, highways,and airports, the city is a hub for intermodal activity and a prized location for the manufacturing plantsof more than 100 multinational corporations, including LyondellBassell, ChevronPhillips, Air Liquide, Air Products, Dow Chemical, and others. The majority of the city’s industrial business is located in one of two industrial districts, where they enjoy a substantially reduced tax rate, access to local, regional, and state economic incentives, and freedom from annexation by the city. Because of the increasing growth in the petrochemicalmanufacturing businesses, the city enjoys a solid economy and low unemployment rate. But the city lacks significant retail development, and the dearth of restaurants, shopping centers, and grocery stores makes the quality of life for residents and visitors somewhat diminished. In a recent survey of our citizens, survey respondents were asked to rate a number of community features related to economic opportunity and growth. “Shopping opportunities” and “overall quality ofbusiness and service establishments in La Porte” were ranked well below the national benchmark. What we have in the city are 26sit-downrestaurants, 13 fast-food restaurants, three take-out pizza stores,three drug stores, one home improvement store, and one grocery store.We lack much more than we have—we have nogeneral merchandise stores (such as Target or Walmart), no clothing stores, no movie theaters, and no stand-alone coffee shops. We also lack significant meeting space, recreational activities, and entertainment options for young people. While the merchants we do have are patronizedby the local populace, they, too, would benefit from increased retail and even competition. As it is, most of our citizens leave the city to spend their sales tax dollars in the surrounding communities of Baytown, Deer Park,Pasadena, Seabrook, and Kemah, causing us to lose out on valuable sales tax revenue, and also the opportunity to attract new residents and businesses to the city. We would like to improve the retail situation in La Porte, not only to satisfyour citizens, but also todiversify our economy by attracting new commercialand office businesses that demand a high quality of life for their employees. Your task is to help us realize those goals. EVALUATIONOF PROPOSALS Proposalswillbescreenedandthetopcandidateswillbeselectedbya committeeofCitystaff. Thequalificationsforthetopcandidateswillbeverified and referenceswillbechecked.Inreviewingtheproposals,theCitywillcarefully weigh: Retail Recruitment/Marketing (20 points) We would like assistance with marketing our city to potential retail developers. a.Please explain why your firm is best situated to provide marketing/recruiting services for potential retailers. Include information regarding your relationships with existing retailers, and your connections with site selectors and decision makers. b.Provide a detailed description of what you will do to market our city c.Provide examples of how you have marketed communities or cities in the past d.Explain how you will report your progress and measure your success Trade Area Delineation(15 points) We need to know the best retail trade areas in our city, and the areas we should be targeting for retail development. a.Please explain how you will determine this informationand in what format(s) it will be presented (e.g. hard copy, digital, web, etc.) b.Provide an example of similar delineations you have done for other clients in the past c.Provide a recommendation for the best and most effective use of this information Retail Competition(15 points) We would like to have a picture of what our competition looks like for retail development in the surrounding areas. a.Please explain how you will gather this informationand in what format(s) it will be presented (e.g. hard copy, digital, web, etc.) b.Provide an example of similar information you have gathered in the past c.Provide a recommendation for the best and most effective use of this information Retail Gap Analysis and Leakage Assessment(15 points) We would like to have a detailed retail gap analysis and leakage assessment for applicable trade areas within the City of La Porte. d.Please explain how you will gather this information and in what format(s) it will be presented (e.g. hard copy, digital, web, etc.) a.Explain how (and if) this information will be incorporated into your market analysis b.Provide a recommendation for the best and most effective use of this information Market Analysis(15 points) We would like a detailed demographicand psychographic analysis of our area that will be usefulfor retail site selectors. In addition to the information gathered for the trade area delineation, retail competition, and retail gap analysis and leakage assessment, we would like thisanalysis to include market comps, existing retail supply, occupancy trends, and any additional information that would be useful. a.Please give a detailed description of the elements that will be included in your analysis b.Explain how you will gather this informationand in what format(s) it will be presented (e.g. hard copy, digital, web, etc. c.Provide an example of how the final product will look d.Provide a recommendation for the best and most effective use of this information Additional Services(10 points) Please provide a list of additional services/products your company is able to provide that will help our city attract retail development. Cost Estimate(10 points) Please provide a cost estimate for your services as described. You may break out each individual section, but please provide a final total for us to consider as we evaluate your proposal. PROPOSALDETAILS Interestedfirmsshallsubmit an originaland three (3) copiesoftheirproposal. StatementofQualifications Adetaileddescriptionofexperiencewith retail assessment, analysis, and marketing,includingthenumberofyearsandspecificareas ofknowledge andexperience; Primary consultant’s experience and background, and/or experience and backgroundof all principals of the firm, particularly experience with the Houston metropolitan area market; Currentworkloadofprimaryconsultantorfirm; Discloseanyknownconflictsofinterestbyprincipalsinthefirmthat could resultin yourfirm;and Listofpast/currentmunicipal clients(includingprimarycontactandphone number)forwhichsimilarworkwascompleted. ProposalofChargesand Fees Proposers mustutilizetheattachedform toprovide information regardingspecific chargesandfeesforservices. Charges andfeesforgeneralperformanceoftheScopeofServices,as outlined above; The firm’spolicyregardingchargesfortravelincludingchargesfortravel timeto and from meetings; and The firm’spolicyregardingchargesforreimbursableexpenses. ATTACHMENTS: Please attachthefollowingdocumentstotheoriginal proposalandallcopies. All City Forms StatementofQualifications ProposalForm(includedintheRFPasAppendixA) APPENDIXA:PROPOSALFORM Inordertofacilitate comparisonof competingproposals, the Cityrespectfully requestsapplicantscompletethefollowingform.Pleasefeelfreetoattach additional sheetswhereyourresponsetotheinformationrequestedismore extensivethanthe spaceprovided. CONTACTINFORMATION NameofFirm: MailingAddress: PhysicalAddress: Telephone: EmailAddress: Fax Number: Website: Nameofpersonproposedasprimaryevaluator: ELECTRONICBUSINESS: Canfirmprovidedocumentsin MicrosoftOfficeapplicationformat? Ifnot,pleaseexplainproposedcompatibilityplan: anfirmtransmitdocumentsovertheInternetusingemail? C Doesyourfirmuseemailin theregularconductofyourbusiness? PROFESSIONALLIABILITYINSURANCE: InsuranceCarrier: Limits: FINANCIALCONSIDERATION: NottoExceedCostforCompletingScopeof Servicesas outlined: Willbillableratesfortravelincludebothways,oneway,ornocharge? Mileageexpenserate: Pleaseidentifyreimbursableexpensesandchargesthatmaytypicallybeincurred inthe prosecutionoftheScopeof ServicesforwhichtheCitywillbeinvoiced: Reimbursable ItemChargetoCity(ie-costperitem orper hour,etc) I,, actingonbehalfof(firm) certifythatIhavereviewedandfullyunderstandtheCityof LaPorte’sRequestfor ProposalforRetail Market Study and Retail Recruitment/Marketing. Ifurthercertifyandswear thattheinformationsubmittedinresponsetotheRFPistrue, correctandfullyshowsall informationrequiredtobereported. By: Signature Title