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Home My WebLink About03-26-18 Regular Meeting of the La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Mayor Pro-Tem DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Councilmember District 5 Councilmember District 1 NANCY OJEDA CHUCK ENGELKENCouncilmember District 6 Councilmember District 2 MINUTES OF THE REGULARMEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE MARCH12,2018 The City Council of the City of La Portemet in aregularmeetingonMonday,March12, 2018,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m. to consider the followingitems of business: 1. CALL TO ORDER –Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: CouncilmembersOjeda, J. Martin,K. Martin, Kaminski, Zemanek, Leonard, Engelken, and Earp.Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks,and Assistant City Attorney Clark Askins. 2.INVOCATION –The invocation was given by Gig Rohmfield,First Baptist Church. 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance was led by Councilmember Chuck Engelken. 4.PUBLIC COMMENTS (Limited to five minutes per person.) Carolyn Fincher, 1307 Bluebonnet, Taylor Lake Village, TX, addressed Council with concernsof the City’s development fees and the impact as a real estate broker. 5.CONSENT AGENDA(All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of themeeting held on February26,2018–P. Fogarty (b)Consider approval or other actionregarding an Ordinance authorizing the execution of an Industrial District Agreement with North Horizon Ventures, LLC., for 3.761-acre tract of property located in the Bayport Industrial District, east of Bay Park Road on Fairmont Parkway –S. Wolny (c)Receive 2017 Comprehensive Annual Financial (CAFR) Report –M. Dolby (d)Consider approval or other action awarding Bid # 18007 for Temporary Labor Services Re- Bid –D. Pennell Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3697:AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH HORIZON VENTURES, LLC., FOR THE TERM COMMENCING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF Page 1of 4 March12, 2018Council Meeting Minutes Councilmember Engelkenmade a motion to approve Consent Agenda Itemspursuant to staff recommendations. CouncilmemberLeonardseconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays:None Absent:None 6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by amending regulations related to the placement of Hotels and Motels in certain zoning districts; consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte, by amending regulations related to the placement of Hotels and Motels in certain zoning districts –I. Clowes The public hearing opened at 6:06 p.m. City Planner Ian Clowes presented a summary. There being no public comments, the hearing closed at 6:11 p.m. Councilmember Earpmade a motion to accept the Planning and Zoning Commission’s recommendation to approvean Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances by amending regulations related to the placement of Hotels and Motels in certain zoning districts. Councilmember Kaminskiseconded. MOTION PASSED UNAIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays:None Absent:None Prior to council action, Assistant City Attorney Clark Askinsread the caption of Ordinance 2018- 3698:AN ORDINANCEAMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO THE PLACEMENT OF HOTELS AND MOTELS IN CERTAIN ZONING DISTRICTS;PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7.DISCUSSION AND POSSIBLE ACTOIN (a)Discussion and possible action regarding City of La Porte development utility fees –C. Alexander City Manager Corby Alexander presented a summary. Councilmember Earp informed council that the requirement for utilities is to be put “to and thru” property when it is being developed,and the fee charged by the City ison top of the tap fees. In addition, Councilmember Earp commented he would like to see the impact fee go away. Page 2of 4 March12, 2018Council Meeting Minutes Councilmember Zemanek asked if the fees being charged by the City is for work the City did not perform. Public Works Director Don Pennell advised the exception is the Dollar General Store being built on S. Broadway where the waterline was installed inabout1965,when it was still a MUD;and the City will recoup thecost of theline being installed. In addition, Mr. Pennell advised anydevelopment along Underwood Road,Fairmont Parkway,and Spencer Highway where water lineshave been for years,the fee would pay for the line that was installed 20years ago. Councilmember Earpmade a motion to do away with development utility fee.Councilmember Zemanek seconded. MOTION PASSED UNAIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays:None Absent:None 8.REPORTS (a)Receive report of the Fiscal Affairs Committee –Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee meeting held prior to the City Council meeting. (b)Receive report from Council Subcommittee on Evaluation Forms –Councilmember Engelken Councilmember Engelken provided anupdatefrom the meeting of theCouncil Subcommittee on Evaluation Forms held on March 5, 2018,and reported the form will be used as a pilot on the performance review of the City Secretary. Mayor Rigby advised Council the evaluation form for the City Secretary’s review is due to Human Resources by March 19, 2018. 9.ADMINISTRATIVE REPORTS There were no additional reports. 10.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. CouncilmemberOjeda thanked the Parks and Recreation Department for hosting the Galveston Bay Foundation’s Rain Barrel Workshop; commented the Juan Sequin Park has the potential for bringing visitors to the City; thankedthe La Porte Police Department for the Active Shooter training; shared that she and Chief Adcox served on aninitial committee meeting for Bay Area Council and, they are working on afive-year grant on drug abuse to serve the city of La Porte; Councilmember K. Martin advised she attended the La Porte Girls Softball Association’sopening day,and it was a great turn out considering the weather;and Mayor Rigby reminded everyone LyondellBaselland the Astros Foundation partnered with the City of La Porte torebuild the baseball fields that are looking nice and there are two more years pending completion. Mayor Rigby also brought baseball caps for Council members which wereprovidedby the Astros Foundation. 11.EXECUTIVE SESSION –The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.071(1)(A) –Pending or Contemplated Litigation: Meet with City Attorney to discuss CMV enforcement issue raised by Perez Logistics. Page 3of 4 March12, 2018Council Meeting Minutes City Council recessed the regular Council meeting to convene an executive session at 6:28p.m. regarding the item listed above. 12.RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened the regular Council meeting at 7:07p.m. Regarding the discussion of CMV enforcement issuesraised by Perez Logistics,Councilmember Zemanek made a motion to enforce the City’s truck route Ordinance as written.Councilmember Leonardseconded. MOTION PASSED UNAIMOUSLY 9/0. 13.ADJOURN -There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 7:08p.m. Councilmember Leonard secondedthe motion.MOTION PASSED UNANIMOUSLY9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on March 26, 2018. ________________________________ Mayor Louis R. Rigby Page 4of 4 March12, 2018Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 26, 2018 Source of Funds: N/A Requested By: Don Pennell Account Number Department: Public Works Amount Budgeted: Report: ___ Resolution: _____ Ordinance: _________ Amount Requested: Exhibit: Extension Request Letter and Current Rates Budgeted Item: YES NO Exhibit: Commercial Solid Waste Agreement Exhibit: Quarterly Franchise Payment Spreadsheet Exhibit: Current Accounts Listing Detail SUMMARY & RECOMMENDATION The five (5) year city-wide commercial solid waste franchise agreement with WCA Waste Corporation ends November 1, 2018. In Section 6 of the contract, there is an option to extend the agreement three (3) years ending October 31, 2021, with mutual agreement of both parties. WCA has requested to extend the agreement the additional three (3) years. WCA has proposed to forego any increases in the 2018 rates in lieu of this contract extension. The do not include the City Franchise Fee of 11%. Originally, these services were bid out in 2013. During the 5-year term of the contract, the cost to customers has risen approximately 3.6 percent due to the CPI adjustments. The below chart provides the increase/decrease history in the commercial rates: Fiscal Year % Change 2011 2012 5.00% 2013 (Bid) -4.44% 2014 0.0198% 2015 - Current 0.0162% Additionally, WCA has committed to a $2,000 per year sponsorship for Household Hazardous Waste Collection events. Over the past five (5) years, staff recalls only two complaints associated with their services: 1) noise from emptying containers too early in the morning, and 2) WCA sanitation truck leaking in a parking lot. Generally, WCA responds and resolves complaints directly; therefore, there may be other instances of service complaints not known to staff. Staff recommends extending the contract with WCA an additional three (3) years through October 31, 2021. Action Required by Council: Consider approval or other action to extend the Commercial Solid Waste Agreement with WCA Waste Corporation 3 years through October 31, 2021. Approved for City Council Agenda Corby D. Alexander Date lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 18920110424 LLC10424 Spencer Hwy, La Porte4112 1278611424 Sens Rd1424 Sens Rd, La Porte6111 16975117306*8221 Highway 225, La Porte6112 1278812XL Inc DBA Quiznos 1410 W Fairmont Pkwy, La Porte 4111 1279013E NDT300 HIGHWAY 146 N 4111 1562813E NDT310 N 8TH ST 8111 127961AAA Flexible Pipe Cleaning 3900 Underwood Rd, La Porte6111 157921Abel Unlimited359 Old Underwood Rd, 8112 127981ADVANCED PRESSURE SYSTEMS317 N BROADWAY ST 3111 184111AFC Urgent Care 8850 Spencer Hwy, Ste 100, La Porte4111 128001AGCO Corp 3337 Canada Rd, La Porte 8121 128011Air Liquide America Corp 11450 W Fairmont Pkwy, La Porte 6111 128021AIR VALUE INC 4 115 S 8TH ST 4131 142031Airgas USA LLC616 Miller Cut Off Rd, La Porte8122 185261Alan Auto Repair Center1503 W MAIN ST 4111 128041Alanton Group Inc11810 W Fairmont Pkwy, La Porte4111 181281Aldi Foods 9002 Spencer Hwy, La Porte 4161 184221All Star Tool and Supply126 N 18TH ST 4111 128051ALL THE LITTLE THINGS COUNT 3202 SAN JACINTO ST 3111 128061ALL WORLD IMPORT/EXPORT FUMIGA107 W MADISON 8111 128071ALLEN AND KERBER PARTS 6518 W MAIN ST 6111 195921Alsmarverick Testing 1900 Old Underwood Rd, La Porte4111 128081Amber LP 1499 Underwood Rd, La Porte8112 128091Amegy Bank National ASSOC1401 Fairmont Pkwy, La Porte6111 183561American Piping Inspection614 N 1ST ST 6111 128111AMERICAN RAILCAR 4 *COD222 N 16TH ST 4121 176351Americold 502 N Broadway St, La Porte 8134 188621AMERIMIX TRUCKING631 N 16TH ST 3111 128131AMERITECH PLANT SERVICES LLC420 S 16TH ST 6111 128161Analytic Stress Relieving 111 N. 16th La Porte8131 128171Angel 61601 W Fairmont Pkwy, La Porte6131 128181Animal Clinic of LaPorte10906 Spencer Hwy, La Porte 2111 155521Animal Shelter 10901 Spencer Hwy, La Porte 2151 128791Animal Shelter 1204 S 4th St, La Porte 2151 166771Annex 7117 East, La Porte 8121 188711Antiques Décor and More 8380 Spencer Hwy, La Porte 4111 128221ARGUS MOTORS501 N 16TH ST 6111 185451Aromas Italian Grill1023 S BROADWAY ST 6111 128231ASIA WOK 1434 W Fairmont Pkwy, La Porte 2121 128241ASSOCIATED CARRIERS12803 HIGHWAY 2252111 181231AT FOOD MART 922 S BROADWAY4111 142331At-Pac 1606 Sens Rd, La Porte 6111 132411AUTO ZONE301 E FAIRMONT PKWY 4111 128261Axis Industrial Scvs11502 Spencer Hwy, La Porte 8111 131311Baker Tanks101 Underwood Rd, Unit B, La Porte6127 153171BANK OF AMERICA815 HIGHWAY 146 S 2111 128271Barretts Heating And AC 6208 E Main St, La Porte 6121 190521BARSAN GLOBAL LOGISTICS 1401 S 16TH ST UNIT 100 UNIT 1008111 128281Bay Area Industries12036 N L St, La Porte 2111 128291Bay Colony Council 615 Bay Colony Dr, La Porte4111 128791Bay forest Golf Course201 Bay Forest Dr, La Porte 8131 128301Bay Point Townhomes 1501 Poplar Cove St, La Porte 8125 128311Bayarea Exotic Pets 1124 S Broadway St, La Porte 2121 128331BAYOU CITY IND 4 1606 S 16TH ST 4111 128391Bayport Animal Hospital 10105 W Farimont Pkwy, La Porte 4111 131691Bayport Apts233 Bayshore Dr, La Porte 6121 128361Bayport Machine 11825 W Fairmont Pkwy, La Porte4111 128371BAYPORT MOTEL112 N 8TH ST 3111 175491Bayport Training Center905 S 14TH ST 6111 128401Bayshore Baptist Church11311 Spencer Hwy, La Porte 8111 121Bayshore Condos724 S 1st St, La Porte6132 128431BAYSHORE MOTEL717 HIGHWAY 146 N 8111 128441Baytown Seafood 1101 Highway 146 S, La Porte8121 128451Bayview Senior Housing 1111 Bayshore Dr, La Porte 6121 128461BECKYS CERAMIC STUDIO100 W MAIN ST 4111 178501Belco Industrial Service1246 Underwood Rd, La Porte6112 128471BLETSCH STEAM SHIP212 N 16TH ST 4111 189151BLONDIES BAR AND GRILL1026 S 8TH ST 6111 128501BLUE FLASH EXPRESS 1802 S M ST 8121 128511BNR Business Inc DBA3151 Highway 146 S6111 128521BOATS ETC 331 HIGHWAY 146 S 6111 150801Breaktime at Fairmont Park 10736 Spencer Hwy, La Porte 4121 128551BRENDA BROWN APTS 109 S 3RD ST 2111 151121Brewings8740 Spencer Hwy, Suite A, La Porte8131 128561Brianna Car Wash 42331 Underwood Rd, La Porte 4121 131961Broadway Carwash 2800 Broadway St, La Porte 4111 128571BROOKS FLAG STOP100 S 8TH ST 3121 132611Bullritos 2617 Underwood Rd, La Porte 6132 129931BURGER KING #81 (HOUSTON FOODS1102 HIGHWAY 146 S 8111 128601Butch BBQ Stand Forest2411 Sens Rd, La Porte 2111 128611BW LAPORT HOTEL DBA DAYS INN705 HIGHWAY 146 S 6111 127891Canal Cartage CO1445 Sens Rd, La Porte 8111 82691Candlewood Suites 1250 S 13TH ST 8121 148461Capreze Equities LLC3030 Highway 146 S, La Porte2132 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 128651CBRP LLC DBA SUPER 8702 Highway 146 S, La Porte3121 128661CCC Group11837 W Farimont Pkwy, La Porte 6121 129691Central Mobile Home Comnty10911 N L ST, La Porte 8121 128671CENTRIFUGE REPAIR302 N 16TH ST 6111 128682CERES GULF INC417 N 8TH ST 4111 128691CHANNEL DOOR INC330 N 11TH ST 6111 128711CHEA-HOK120 HIGHWAY 146 N4111 128721Chem Coast11820 N H St, La Porte 8111 128731Chem Spray111 N. 17th, La Porte3131 128741CHEMICAL LIME COMPANY801 N 16TH ST 6121 128751CHERRY PICKER PART502 HIGHWAY 146 N4111 128761Chillis Grill and Bar #14148690 Spencer Hwy, La Porte8141 128771CHINESE WOK501 W MAIN ST 2121 196521CHRISMAN ROAD PROPERTY 400 N 11TH ST 8111 196522CHRISMAN ROAD PROPERTY 401 N 10TH ST 6111 128781Churchill Place 1201 S Broadway St, La Porte 8211 180611Churchs Chicken 10905 W Fairmont Pkwy, La Porte 8121 128791City Hall 604 W Fairmont Pkwy, La Porte 4121 128811CLIFF HALL AND CO602 N BROADWAY ST 3112 153641CN Millstid Properties 11007 W Fairmont Pkwy, La Porte 8111 132291Collegeview Apts3333 Luella Blvd, La Porte4122 131951COLT SERVICES LP608 N 14TH ST2111 128831Columbia Scaffolding *COD1511 W G ST 6111 128841Comex Corporation 9841 Spencer Hwy, La Porte 4111 128851COMFORT SUITES902 S 8TH ST 6111 128861COMMERCIAL LA PORTE LTD 1200 HIGHWAY 146 S 6121 128871COMPTONS FLORIST1031 S BROADWAY3111 195911CONTAINERPORT GROUP1400 S 16TH ST 6111 128881Contech Control Services, Inc2801 Send Rd, La Porte 6141 128941Convington Auto Inc9310 Spencer Hwy, La Porte2111 128891COOLING TOWERS OF TEXAS1310 W MAIN ST 8111 178651COONROD ELECTRIC200 N BROADWAY ST6111 171331Core Marine Services519 N 8TH ST 6111 128901CORE TRUCKING OF TEXAS501 S 16TH ST 4111 128911CORNERSTONE SYSTEMS820 S 8TH ST 3111 128921COSTAL EXTERMINATING 4 812 S 8TH ST 4111 128931COUPLAND SIGNS118 S 5TH ST6111 128961CUSTOM WELDING AND FABRICATING122 S 17TH ST UNIT B UNIT B3111 128971D B WESTERN 4TRASH 12511 STRANG RD 4112 128981Dairy Queen 831 S Broadway St, La Porte 6131 128991DAVITA DIALYSIS #2098201 W FAIRMONT PKWY 4111 129001DEISEL FUEL MAINT 1607 W MAIN ST 2111 131301Delecia Fuller 9919 N P St, La Porte 4111 183281Delect Food Inc1450 W Fairmont Pkwy, La Porte6141 162301Delta Court Apts3103 Highway 146 S, La Porte 6121 192311Delta Garden Apts3003 Highway 146 S, La Porte8131 178851Delta Heights Apts3141 Highway 146 S, La Porte 8121 131191Dennys928 Higway 146S, La Porte8141 129021DIAMONDBACK WORKS 901 S 1ST3111 129041Direct Airflow Dist Inc11810 W Farimont Pkwy, La Porte8111 129051Discount Tire8902 Spencer Hwy, La Porte6121 130041DLDB PROPERTIES MGMT INC429 N 11TH ST 3111 135111Dollar General 10405 W Fairmont Pkwy, La Porte 4111 132401Dollar General #100141218 S Broadway St, La Porte 4111 178292Dollar Tree (DLL005538) c/o WM112 HIGHWAY 146 S 4111 131331Dominos Pizza DNO0067749702 Spencer Hwy, La Porte3121 129081Don Cole 11028 N H St, La Porte 3111 129091DORSETT BROTHERS 2 1903 W D ST 2111 133111DOW PIPELINE727 OLD UNDERWOOD RD 4112 129101Dr Goodbody Auto 2151 Underwood Rd, La Porte 6111 129121DR Rakesh Patel 210611 W Fairmont Pkwy, La Porte 2111 129131DT Firestone 10720 Spencer Hwy, La Porte4111 129141Dupont Federal Credit Union 2901 Sens Rd, La Porte 8111 129151DXP ENTERPRISES112 N 12TH ST 6111 129171Easy Cash Pawn9708 Spencer Hwy, La Porte2121 129181EL RANCHERO RESTAURANT 8 308 W MAIN ST 8121 129191El Toro 616 E Main St, La Porte 6131 184721Elite Truck Repair 2014 Sens Rd, La Porte 2111 129201Elite turnaround Specialists11811 N D St, La Porte8111 129211EMCO INC 4 517 S 16TH ST 4111 128791EMS Station 10428 Spencer Hwy, La Porte 6111 133101Endress and Hauser 10057 Porter Rd, Unit 100, La Porte 6121 129221ENTRUST PROFESSIONAL INSURANCE210 W MAIN ST 2111 191551ENVIRONMENTAL RESTORATION211 N 11TH ST 4111 197301Equipco Transportation 1681 Underwood Rd4111 129231EUGENE HOVEY902 W MAIN ST3111 128791Evelyn Kennedy Civic Center 618 San Jancinto St, La Porte 8121 132261Express Lane (Vikil and Bro)9901 Spencer Hwy, La Porte 2131 129261Extra Space 14564400 Underwood Rd, La Porte8111 129761F.E Mran Soecial Hazard System2202 Underwood Rd, La Porte4111 129281Fairmont Park Church 10401 Belfast Rd, La Porte 6121 129591Fairway Inn (G S and SONS)902 Highway 146 S, La Porte6121 127851Fairwood Plaza11001 W Fairmont Pkwy, La Porte 6121 148071Falls A/C AND Heating113 N 10TH ST 8111 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 178291Family Dollar (FAM002258) c/o WM913 S BROADWAY ST 8111 129331FERGUSON #27351701 S 16TH ST UNIT #300 UNIT #3008111 1287915Fire Station #1125 S 3RD ST 2111 128791Fire Station #29710 Spencer Hwy, La Porte 3111 128791Fire Station #32400 Sens Rd, La Porte 3111 128791Fire Station #42900 Broadway St, La Porte 3111 174791Firetrol Protection System Inc2323 Underwood Rd, La Porte 8121 129361FIRST ASSEMBLY OF GOD316 E FAIRMONT PKWY3111 129371FIRST BAPTIST CHURCH318 S BROADWAY 3111 135211First Choice Emergency Room1220 W FAIRMONT PKWY 6121 129381First United Methodist 9601 W Fairmont Pkwy, La Porte 4121 129391Fischers Hardware1012 S Broadway St, La Porte8122 128791Fitnesss Center1304 S Broadway St, La Porte 8131 129401Follos Construction 111 N. Broadway St, La Porte 4121 129421FORCE CORP330 N 13TH ST 6111 129441Forest View Mobile 600 McCabe Rd, La Porte 8143 129451Forrest Services Inc2231 Sens Rd, La Porte6111 129461FORT VALE INC 4126 N VIRGINIA ST 4111 129481Four Fairmont LLC 10811 W Fairmont Pkwy, La Porte8121 129501FRATERNAL ORDER OF EAGLES 8 803 S 8TH ST 8111 129301FREDERICK INC 4 420 HIGHWAY 146 N 4121 188361FRESENIUS CLINICS #41851307 W FAIRMONT PKWY 6111 153861Frontier Feed and Apparel 11032 Spencer Hwy, La Porte8111 129521FRONTIER LOGISTICS 6 801 N BROADWAY ST 6111 129551Funcare Childrens Center 12955 W Fairmont Pkwy, La Porte4111 156291Gallington Enterprises LLC215 W MAIN ST 4111 129601GANDP Office Furniture506 Highway 146 S, La Porte8121 129611Garden of Eden Florals 10406 Spencer Hwy, La Porte 4111 129621GARDEN SUITES107 N 8TH ST6111 129631Gary Bass10101 N P St, La Porte6111 188961GB Premium Octg Services LLC8410 Spencer Hwy, La Porte 3111 129681GIRARD EQUIPMENT 4 531 HIGHWAY 146 N 4111 172691Glenwood Baptist Church2104 Underwood Rd, La Porte 4111 184771GMA Americas1434 Sens Rd, La Porte 6111 129711Great Value Storage #04-04710601 W Fairmont Pkwy, La Porte4121 129731Gringos Mexican Café 62631 Underwood Rd, La Porte8142 129771GULF INTERMODAL 101 STRANG RD6111 129781GULF STATES PROTECTIVE COATING201 N 16TH ST 8111 129793GULF WINDS INTERNATIONAL INC409 N BROADWAY ST 4111 129792GULF WINDS INTERNATIONAL INC1117 N BROADWAY ST 6111 129791Gulf Winds International Inc 1842 S 16Th St, La Porte6123 197291H and R block1402 W Fairmont Pkwy, La Porte 2111 129831HAMMELMANN CORP402 HIGHWAY 146 S 2111 169041Hampton Inn and Suites 1328 Highway 146 S, La Porte8121 129841Happy Harbor Apts900 Parkway St, La Porte 6131 182901Hard Line Rail909 S 14TH ST 2111 129851Harris County Dept of Education 927 S 1st St, La Porte 8121 129801HARTEMBERGER 2903 S 8TH ST2111 129861Harvey and Rhin Aviation 101 Airport Blvd, La Porte 3111 129861Harvey and Rhin Aviation 702 Farrington Dr, La Porte2111 197801HAZMAT SPECIAL SERVICES 529 S 16TH ST 8111 128541High Achievers9608 Spencer Hwy, La Porte 3111 128541High Achievers10001 Spencer Hwy, La Porte 6111 129881Highway Transport Inc520 S 16th St. La Porte8131 129891Hoang Investment Corp10910 Spencer Hwy, La Porte4111 142631Hoerbiger12206 W Fairmont Pkwy. La Porte 8121 129031Holiday Inn Express 4 908 W G ST 5111 129901HOLLOWAY ENTERPRSES INC705 S 8TH ST3111 129941HOUSTON TRAINING SCHOOL908 W MAIN ST2111 190291Hydro Tex11802 W Fairmont Pkwy, La Porte4121 129971HYDROCHEM 8 602 S 16TH ST 8111 129982IBERVILLE INSULATIONS LLC611 S 8TH ST 2111 156141IE Group415 W BARBOURS CUT BLVD 4111 129991ILA 1351 FCU 10920 Spencer Hwy, La Porte2111 162121Imperial Crane Services FAC-213411410 S 16TH ST 4111 130001IN TERMINAL SERVICES515 E BARBOURS CUT BLVD 4112 184921Insulation Contractors AND Supply615 E A ST 2111 132981Inter Gulf8989 HIGHWAY 225 6112 130031INTERCOASTAL SALES CO601 S 16TH ST 4111 151831Intergulf Corporation428 HIGHWAY 146 S 2111 141841Intergulf Corporation 12003 Strang Rd, La Pore 6121 162291Intertek Asset Integrity Management Inc101 OLD UNDERWOOD RD STE F 6112 158211Iron Guard Storage2915 N 23rd St, La Porte8111 171491ITT1320 W TYLER ST 2111 130081Jacinto Medical 11006 Spencer Hwy, La Porte 6111 130091Jack Doheny Supples2506 Sens Rd, La Porte 4121 127991Jack in the Box Inc 1018 Highway 146 S, La Porte6141 130101JACKS GROCERY *CASH ONLY*1022 W FAIRMONT PKWY 8111 130111JACKS SUPERMARKET3124 HIGHWAY 146 S 8111 130121Jacobs Field Services1801 Sens Rd, La Porte 8111 130131JAKE HARRIS AND SONS 3631 S 16TH ST 3112 130051Jandi Body Shop 1517 W Main St3111 131761JETECH RENTALS LLC524 HIGHWAY 146 S 3111 130141JJ CENTER MEZA704 W MAIN ST 4111 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 130141JJ RESTAURANT MEZA700 W MAIN ST6111 130151JK ENTERPRISES525 S 16TH ST 8111 180621JLL Capital One c/o Republic Svs9055 Spencer Hwy, La Porte4111 130161JM GOODMAN712 W FAIRMONT PKWY 3111 130171Joint Venture Piping Inc2221 Sens Rd, La Porte 6112 185061K2 Industrial120 S 16TH ST 4111 130201KBK Food Mart 9803 W Fairmont Pkwy, La Porte 6121 130211Kings Bay Inn 1601 S Broadway St, La Porte 2111 132851Kings BBQ1322 Underwood Rd, La Porte 8121 130221KINGS BBQ521 W MAIN ST 8121 180381Kobelco 11817 W Farimont Pkwy, La Porte 2111 130241KWIK KAR OF LA PORTE 4 603 W FAIRMONT PKWY 4111 130251La Car Porte10701 W Fairmont Pkwy, La Porte 3111 133071La Petite 8414 Spencer HWY, La Porte 6111 130271LA PORTE AUTOMOTIVE201 N 10TH ST 3111 169741La Porte Center LLC 1101 S Broadway St, La Porte8131 130291LA PORTE COMMUNITY CHURCH202 S 1ST ST 4111 131161La Porte Family Dental 8401 W Fairmont Pkwy, La Porte 2111 130301LA PORTE FEED AND SUPPLY127 N 18TH ST 2111 130311La Porte Flight Line LLC 202 Farrington Blvd, La Porte 6111 130321La Porte Food Mart 10951 W Fairmont Pkwy, La Porte 8111 130331La Porte ISD9832 Spencer Hwy, La Porte 6121 130331La Porte ISD800 McCabe Rd, La Porte8151 131201LA PORTE MEDICAL CTR410 E FARIMONT PKWY4111 130351LA PORTE SHELL111 N 10TH ST 8111 187321La Porte Shopping Center112 Texas 146 S, La Porte8132 190151La Porte Texan and Darlings 3200 Underwood Rd, La Porte6111 130371La Porte Tire11011 W Fairmont Pkwy, La Porte 6121 130381LA PORTE TOBACCO913 S BROADWAY ST 2111 130391LA PORTE TOWING202 N 11TH ST 3111 128151LA PORTE TRUCK SALES 2 905 W BARBOURS CUT BLVD 6111 131351LaQuinta1105 Highway 146 S, La Porte 8141 192531LBY Foods LLC 9629 W Fairmont Pkwy, La Porte8131 146551LC AND E TRUCK AND TRAILOR INC1813 W MAIN ST 3111 130421Lechi Bakery 10625 W Fairmont Pkwy, La Porte4122 130431LEONARDS AUTOMOTIVE305 W FAIRMONT PKWY 3111 128791LIBRARY 600 S BROADWAY ST4111 130451Life Community Church 9529 W Fairmont Pkwy, La Porte 8111 130461Light of Christ Lutheran 2530 S Broadway St, La Porte 3111 129541LION KING TRUCK STOP 8 201 W BARBOURS CUT BLVD 8121 128791Little Cedar Bayou Park600 Little Cedar Bayou Dr, La Porte8132 147761LLE PROPERTY LLC915 S 8TH ST3111 160761Locktile Storage La Porte2619 Underwood Rd, La Porte4111 185501Loco Motors9318 Spencer Hwy, La Porte2111 130501LOGISTIC CTR-HUB-HOUSTON PO 51151921 S 16TH ST 4111 130511LOHMAN GLASS228 N 8TH ST 3111 128791Lomax Park 1508 Lomax School Rd, La Porte 8131 130561Longview Inspection 101 Underwood Rd, BLDG J, La Porte8121 130331LPISD 526 San Jancinto St, La Porte 8131 130331LPISD DEWALT 401 N 2ND ST 6121 130331LPISD (Agricultural BLDG)2015 Sens Rd AA, La Porte 8152 130331LPISD (Support ISD)2015 Sens Rd AA, La Porte 8131 130331LPISD Administration 1002 San Jancinto St, La Porte 8131 130331LPISD Baker Junior High9800 Spencer Hwy, La Porte8151 130331LPISD Gym 301 E Fairmont Pkwy, La Porte4151 130331LPISD Jenie Reid Elementry 10001 W Fairmont Pkwy, La Porte 6152 130331LPISD La Porte Elementry725 S Broadway St, La Porte8152 130331LPISD La Porte High School301 E Fairmont Pkwy, La Porte8153 130331LPISD La Porte Junior High401 S Broadway St, La Porte 8152 130331LPISD Lomax Elementry 10615 N L ST, La Porte 8151 130331LPISD Lomax Junior High 9801 N L St, La Porte 6152 130331LPISD Rizzuto Elementry 3201 Farrington Blvd, La Porte6152 130331LPISD ROTC723 S BROADWAY ST2111 130331LPISD Vacational Blvd800 San Jancinto St, La Porte 3151 130571LUNSFORD AUTO REPAIR 4 201 E MAIN ST 4111 128141M and Y Texaco 10401 W Farimont Pkwy, La Porte 4111 135041Main 101 Grill and Bar101 E Main St, La Porte 6121 130521MAIN PROPERTIES 6 202 W MAIN ST 6111 130621MAJESTY INVESTMENTS602 HIGHWAY 146 S 2111 186851MALENEE DONUTS216 S BROADWAY ST2111 130591Mandm Protection 11831 W Fairmont Pkwy, La Porte2111 130631Maredian Star Inc1369 Underwood Rd, La Porte8211 130641Maria J. M 3105 Carlisle St, La Porte 4111 163501Mariposa at Pecan Park Apts Homes3535 Canada Rd, La Porte8123 130651Martin Marine 42904 N 23rd St, La Porte4111 130661MASS TRANSFER LTD123 S 17TH ST 2121 130671MAXIM CRANE WORKS401 N 16TH ST 8111 171731McCarthy Building Companies Inc 20921801 E BARBOURS CUT BLVD 4111 185951McDonalds #108531102 W Fairmont Pkwy, La Porte8131 130691McPearson Service Center9901 W Fairmont Pkwy, La Porte3111 147731Mechanical Repair AND Engineering202 N 18TH ST 4111 130701MIKE 3 KINSTLEY405 HIGHWAY 146 S3111 148401Mikes Antique Station212 W MAIN ST 2111 171551MJ Systems502 N 8TH ST 4111 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 130721Modern GP- Dragon Product816 W Barbours Cut Blvd, La Porte 6136 189371MRC GLOBAL C/O REPUBLIC SERVICES NATIONA1801 S 16TH ST 4111 128791Municipal Court 3005 N 23rd St, La Porte8111 188932NAIG LA PORTE - SERVICE COMPANY 200 STRANG RD 8111 156831National Inspection Services LLC119 N IOWA ST 6111 130771Neon Moon Saloon Texas Inc1201 S 16th, La Porte6131 171451Net Power11426 W Fairmont Pkwy, La Porte 4111 130781NEW ANGELS CONV STORE711 W MAIN ST6111 130791NEW JERUSALEN CHURCH210 W POLK ST 3111 182851New Orleans Seafood Kitchen324 W MAIN ST 8111 130821NLB Corporation 11506 Spencer Hwy, La Porte6111 128791Northside Civic Center 322 N 4th St, La Porte 6121 128791Northwest Park 10210 N P ST, La Porte 8131 129471Oak Dale Apts10914 N L St, La Porte3111 128701Oak Hurst Trailers2420 S Broadway St, La Porte 8121 151661OHL1902 S 16TH ST 6121 130851OLD GLORY MOTORS AND AUTO *AUTOP409 W MAIN ST 2111 132231ONYX 2000 HIGHWAY 146 N 8111 132221ONYX Industrial Svcs1980 Highway 146 N, La Porte 8232 131361OREILLY AUTO ORE000520409 W FAIRMONT PKWY 6111 130881OVERLAND DISTRIBUTION INC200 EXPORT DR UNIT B8111 130891PALA-INTERSTATE 2 1220 W TYLER ST 2111 130901Palm Court1415 S Broadway St, La Porte 3121 130911PANCHOS TIRE SHOP400 S BROADWAY ST3111 139021Papas John #440210 W Fairmont Pkwy, La Porte 6121 170721Paradine LLC8506 Spencer HWY, La Porte8131 130931Park Ave Homes 810 Caplan St, La Porte8131 130941Parsons Housing Group 8727 W Fairmont Pwky, La Porte 8121 130951PASKEY INCORPORATED128 S 8TH ST 4121 130961PAUL LEE201 S 3RD ST 2111 128791Pecan Park 3600 Canada Rd8131 130981Pediatic Clinc10407 W Fairmont Pkwy, La Porte 4111 130991Pelican Bay Apts2601 S Broadway St, La Porte6242 186711PEPES MEXICAN RESTAURANT204 W FAIRMONT PKWY 6111 131001PERFORMANCE INSULATION CONTRAC127 N BROADWAY ST 4111 176571Petrin921 S 14TH ST 3111 131011Petrochem Refrigeration 9102 Spencer Hwy, La Porte6111 145841Petrolium Plant Services215 E MAIN ST 4111 131021PFEIFFER AND SON INC 6116 N 16TH ST 6121 131031PFEIFFER AND SON INC 6116 S 16TH ST 116 THRU 202 116 THRU 2026111 131051Phoenix Services3008 N 23rd St, La Porte3121 131691Pine Bluff Apts234 Pine Bluff St, La Porte 2111 169521Pipeline 10003 Spencer Hwy, La Porte 8131 158101Plastic Express10100 Porter Rd, La Porte 8112 131061PLAZA LIQUORS1021 S BROADWAY ST UNIT A UNIT A2111 131071Plaza San Jancinto 3331 Luella Blvd, La Porte8242 128791Police Station 3001 N 23rd St, La Porte8211 131081POLLUTION CONTROL 200 S 16TH ST6111 131091PONDEROSA PRECISION PLASTICS106 N 15TH ST 6111 129741Popeyes 41509 W Fairmont Pkwy, La Porte 4141 130401Port Auto Truck Stop 904 E Barbours Cut Blvd, La Porte 8111 131102PORT DISPATCH SERVICES INC1401 S 16TH ST SUITE 200 SUITE 2008121 131111PORT SHAMROCK 4 105 HIGHWAY 146 S 6111 131121Puffer Sweiven903 Highway 146 S, La Porte 2121 143501PV Rentals302 HIGHWAY 146 S 6111 131141Pyro Shield1424 Sens Rd, La Porte4121 131151Q A Support LP11005 W Fairmont Pkwy, La Porte 6111 131171Quality Inn and Suites 11003 W Fairmont Pkwy, La Porte8121 131181Quick Stop 10339 W Fairmont Pkwy, La Porte 6111 131621Rail Logix LP1920 S 16TH ST 2111 131211REFRIGERATED CONTAINER1802 HIGHWAY 146 N8314 131231REICHEM INC TRANSPORT OF TEXA1300 S 16TH ST 3111 131251REMMEL ENT1831 W E ST 4111 196771Revakkeene12204 W Farimont Pkwy, La Porte 8111 131441RH #121020 S 1st St, La Porte 4121 131271ROADLINK USA SOUTH LLC326 S 16TH ST 8111 131281Robert Mcgee 10906 N L St, La Porte 2111 131291ROELOFS ANTIQUES319 E MAIN ST 2111 128031Rowdys #18300 Spencer Hwy, La Porte 8121 188091RWC EXPRESS401 W BARBOURS CUT BLVD 2111 130681SAIRAM CATERERS207 W MAIN ST 4111 131401Sammys Groceries Inc9700 Spencer Hwy, La Porte 6121 131391Sams and Daves 1612 Underwood Rd, La Porte 8121 131511SANDS INVESTIGATIONS 3820 W MAIN ST 3111 174251Saulsbury Industries101 OLD UNDERWOOD RD 8112 131421SCAFOM USA1500 S 16TH ST 4111 131431SCS TOOLS INC912 W TYLER ST 6111 128791Seabreeze Park1300 Bayshore Dr, La Porte 3121 131461Seniro Living Properties 208 S Utah St, La Porte6131 131471Sens Food Mart 1444 Sens Rd, La Porte 6131 178511Sens Food Mart 1906 Sens Rd, La Porte8121 133081Setpoint Intergrated Solutions10051 Porter Rd, Unit 900, La Porte8112 185531Shackelford Construction 1810 W POLK ST6111 131491Shell Federal Credit 11528 Spencer Hwy, La Porte 6121 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 131501Sheng RAAMCO-Harbour Bay Apts9999 Spencer Hwy, La Porte 8434 161431Shepard and Associates Inc950 S 14TH ST 4111 131541SITEX SAFETY AND RESCUE509 N 8TH ST 3111 133781Slyvan Beach Park 636 N Bayshore Dr, La Porte 8131 151521Smart Choice Auto Group621 HIGHWAY 146 S 8121 154571Snack Time Food Mart 9701 W Fairmont Pkwy, La Porte6111 131551Snider acccurate transmission 10335 W Fairmont Pkwy, La Porte 4111 131571Somerton Plaza Partners Inc8610 Spencer HWY, La Porte 8131 185701Sonic Drive In #33799827 Spencer Hwy, La Porte 8121 131591Southern Kumfort Kitchen 2501 Underwood Rd, La Porte 8141 131601Southern Tire Mart 10941 W Fairmont Pkwy, La Porte6111 128251Southwestern Bell Tele502 W Polk St, La Porte 8131 128251SOUTHWESTERN BELL TELE 6 502 W POLK ST 8111 131611Speciality Tank Services 2225 Sens Rd, La Porte 8111 131631Spencer Cleaners8220 Spencer Hwy, Pasadena4111 131561Spencer Hwy Shopping Center8740 Spencer Hwy, La Porte 4111 131641Spencer Mini Storage 11220 Specner Hwy, La Porte 8121 80111Sprint safety 11804 W Fairmont Pkwy, La Porte 8212 131661St James Presbyterian Church 9725 Spencer Hwy, La Porte 3111 131671ST JOHNS EPISOPAL102 E G ST4111 131681ST Mary Carholic Church816 Park Dr, La Porte 6122 131711Star Retail Center9606 Spencer Hwy, La Porte4111 131721Starcon International 10610 W Fairmont Pkwy, La Porte8111 131741STOP N DRIVE3209 S BROADWAY ST 4111 155451Stripes #507517000 Underwood Rd, La Porte 8152 155461Stripes #50798929 W Fairmont Pkwy, La Porte 8222 183721Stripes #52172601 W Main St, La Porte8232 131751Stronghold LTD1440 Sens Rd, La Porte 8111 131751Stronghold Specialty Ltd.225 S 16TH ST 8111 131751Stronghold Specialty Ltd 10916 Spencer Hwy, La Porte 4111 131732Stronghold Specialty Ltd. 123 S 16TH ST 8111 131771Super Deli and Grocery1824 Sens Rd, La Porte 8111 131781SUPER PLUMBER114 N 1ST ST 4111 162161Sylvan Beach Apartments315 N 2ND ST 6132 131791SYLVAN BEACH GROCERY 6 1105 SAN JACINTO ST 6111 133781Sylvan Beach Park 636 N Bayshore Dr, La Porte 8134 142811Sylvan Beach Pavillion 636 N Bayshore Dr, La Porte 8121 131821Taco Bell 11502 W Fairmont Pkwy, La Porte4141 131831Tammie Jay Apts222 E Farimont Pkwy, La Porte 6232 131841Tank Services 8803 Highway 225, La Porte3121 180291Techline Interntional 11810 W Fairmont Pkwy, STE 100, La Porte 4111 131881TEMPLO BAUTISTA 2 421 S 15TH ST 2111 131901Texas Car Tittle and Payday8402 Spencer Hwy, La Porte2111 131931Texas General Land Office 11811 N Avenue D, La Porte 4111 131941TEXAS INDUSTRIAL MEDICAL LLC1009 S BROADWAY ST 6111 172971Texas Properties Khoury and Turk 1309 W Fairmont Pkwy, La Porte8233 185201TGF Haircutter 1422 W Fairmont Pkwy, La Porte 2111 131962THE GAUGE SHOP609 S 8TH ST 2111 131971THE MEDICINE SHOP800 S BROADWAY ST3111 131981THE PAINTED PONY AND QUILTS1015 S BROADWAY ST 2111 132001TICO TERMINAL TRACTOR1202 W A ST 6121 141791TIGER INDUSTRIAL RENTALS 12803 HIGHWAY 2256112 177981Titan Contracting 11800 W Fairmont Pkwy, La Porte 6111 131811TJS Bayou Nar 2914 S Broadway St, La Porte 8111 132011TL Anderson 2426 Crescent Dr, La Porte 3111 128531Todays Harbor For Children514 Bayridge Rd, La Porte 6232 132041Tony's Bar BQ And Steakhouse2219 Underwood Rd, La Porte8121 130441Tortillas9602 Spencer Hwy, La Porte8121 132051Town Apts121 S Iowa St, La Porte 3121 132061Township Townhomes 3001 Falk Ct, La Porte 8131 147891Transwestern 8920 Spencer Hwy, La Porte8131 128791Treatment Plant 1301 S 4th St, La Porte3321 132071TRI Star Aviation 610615 Spencer Hwy, La Porte 6111 132091TRUCK AND TRAILER INSPECTION 932 HIGHWAY 146 S6111 195661TURNAROUND SPECIALTY GROUP 307 S 8TH ST 2111 132101Turnkey IANDE LTD10819 W Fairmont Pkwy, La Porte8111 132111U WASH LAUNDRYMAT911 S BROADWAY ST SUITE B 6111 132121Underwood Aninal Clinic 2199 Underwood Rd, La Porte 3111 132901United Rental 8787 Highway 225, La Porte8216 132141United Welding Supplies2606 Sens Rd, La Porte8111 131321UPRR (PERM) HO142 6YD12414 HIGHWAY 225 6314 132161USA INTERCARGO LLC1920 W FAIRMONT PKWY 2111 132181USPS LA PORTE 484940 3 801 W FAIRMONT PKWY 3121 132191UTILITY TRAILER SALES SE615 HIGHWAY 146 N 8111 181941VALLEY SOLVENTS AND CHEMICALS11604 STRANG RD6111 146811Value Place Hotel La Porte1506 w Fairmont Pkwy, La Porte8131 132212VAPOR POINT LLC1306 W F ST 4111 132241VESCO OFFICE SUPPLY 6 425 N 10TH ST 6111 132251VICTORY TABERNACLE721 E MAIN ST 4111 132271Village Pizza and Seafood 1128 S Broadway St, La Porte 8141 162821Villages by the Bay1026 S 6th St, La Porte 6132 129061VPS Testing And Inspection 318 N 16Th, La Porte2131 178771W8 Shipping408 N 16TH ST 4121 132421Wachovia National Bank1001 Highway 146 S, La Porte6121 lifts per wk Acct #Site #Customer NameAddressSizeQTYFreqper container 133041Waffle House Unit #12071501 Fairmont Pkwy, La Porte 4121 132301Walgreens #30011101 S Broadway St, La Porte4121 132301Walgreens #32869705 Spencer Hwy, La Porte4121 150511WALLINGPORT COMPANIES2205 HIGHWAY 146 N8121 132321WAY SERVICE LTD608 N 14TH ST2121 192581WECAN LOGISTICS AND SUPPLY LLC PO 1148816 W POLK ST 6121 189661Welsh Collision Center 2426 Sens Rd, La Porte 8111 132331WESMOR CRYOGENIC MFG LTD615 N 6TH ST 8121 186411Whataburger #5131201 W Main St, La Porte8161 193691WHEELSTONE AUTO SALES 1220 W MAIN ST 2111 132381Winstons Cars9218 Spencer Hwy, La Porte2111 132431WMNA/ Aaron Rents Inc8740 Spencer Hwy, La Porte 8111 132441WORLD FINANCE CORP909 S BROADWAY ST 2111 132461Ybarra Investments 9709 Spencer Hwy, La Porte 8122 132491ZEMANEK MARINE SERVICES229 N 16TH ST2111 Invitation to Bid Sealed Bid #18010 – Audio and Visual Equipment required for use by The City of La Porte Emergency Operations Center Department issued by City of La Porte Procurement Division Office 604 W. Fairmont Parkway, La Porte, Texas 77571 Phone: 281-470-5126 Fax: 281-470-5127 Information: Forms furnished by the City of La Porte may be obtained without deposit from PublicPurchase.com; the Purchasing Division Office located at 604 W. Fairmont Pkwy, La Porte, TX 77571; or, by emailing purchasing@laportetx.gov. Bid Opening Date: Tuesday, February 20, 2018 Bid Opening Time: 2:00 p.m., Central Standard Time Bid Receiving Location: City Hall Information Desk, 604 W. Fairmont Parkway, La Porte, Texas 77571. Sealed Bids must be received no later than date and time stated above. The bids will be opened and read immediately after the closing hour on said date. BONDS: All bids shall be accompanied by an acceptable Bid guaranty in an amount of not less than five percent (5%) of the total Bid. Performance and payment bonds, when required, shall be executed on forms furnished by Owner. Each bond shall be issued in an amount of 100 hundred percent (100%) of the Contract Amount by a solvent corporate surety authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. PREBID: Bidders are encouraged to attend a pre bid conference that will be held on February 6, at rd Street, La 10:00 a.m. CST in the Emergency Operations Center. The Center is located at 3001 N. 23 Porte, Texas 77571. No late bids will be considered Owner reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure. A minor informality is one that does not affect the competitiveness of the Bid. Bids must be submitted in on the City's forms and should clearly state the Bid number and name. Published: February 1, 2018 February 8, 2018 General Information to Bidders From Posting the Invitationfor Bid toSubmission Article 1. Requirements for Bidding and Instructions to Bidders 1.1 The Bid Documents The Bid Documents include this Invitation for Bids, Bid Proposal Pages, Requirements for Bidding and Instructions for Bidders, Standard Terms and Conditions, Special Conditions, Supplemental Special Conditions (if any), Detailed Specifications, Plans and Drawings (if any), Insurance Requirements, and all other exhibits attached hereto, and any and all clarifications and addenda issued by the City. Upon the award and execution of a contract pursuant to the Bid Documents, the Bid Documents become the Contract Documents. 1.2 Preparing the Bid Bids are to be prepared and submitted in accordance with the provisions herein. Failure to do so may result in rejection of the bid. Bids must be prepared and submitted only on the forms provided within the solicitation package. Where a signature is required, an authorized representative of the bidder must do so. Evidence as to such authority may be required. 1.3 Obtaining the Bid Documents Bid Documents are typically provided to a bidder at no cost. If a fee is to be charged it will be so stated in the Invitation to Bidders 1.3.1 Downloadable Bid Documents The primary method to obtain documents is by downloading the solicitation package from the City's third party provider, PublicPurchase.com. 1.3.1.1 All Bidders that download from the City's third party resource, Public Purchase, or that receive Bid Documents by any other means are responsible for checking the Public Purchase website for clarifications, supplemental instructions and/or addenda. The City will only publish this information on Public Purchase and will not be responsible for a bidder’s failure to consider additional information contained therein in preparing its bid. Further, failure to obtain the proper forms, clarifications and/or addenda from Public Purchase website and acknowledge them in the Bid Documents when submitting the bid may render the bid non-responsive. Any harm to the bidder resulting from such failure to obtain all necessary documents will not be valid grounds for a protest against award(s) made under this bid solicitation. 1.3.1.2 Printable Documents If a prospective bidder is unable to download the Bid Documents by registering at PublicPurchase.com or by other electronic means, these documents are available by contacting the Purchasing Division Office located at 604 W. Fairmont Parkway, La Porte, Texas 77571. Telephone 281-470-5126, FAX 281-470-5127. 1.3.1.3 Plans and Drawings Plans and drawings may only be available on CD . In this case, the CD may be picked up from the issuing office or by contacting the Purchasing Division with an account number for pre-paid courier pick-up. Bidders are solely responsible for obtaining all Bid Documents, including Clarifications and Addenda 1.4 Clarifications and Addenda Owner shall not provide interpretation of the meaning of the plans, specifications or other pre-bid documents to any bidder orally. Such communications must be in writing. 1.4.1 Clarifications A request for such interpretation shall be submitted in writing at PublicPurchase.com or to purchasing@laportetx.gov or delivered to the Purchasing Division Office at 604 W. Fairmont Parkway, La Porte, Texas 77571. Purchasing will act as liaison between the requestor and the departmental representative to seek clarification or supplemental instructions appropriate to the request. 1.4.2 Addenda All interpretations, clarifications or supplemental instructions will be in the form of written addenda. Bidders cannot rely on oral or informal responses;such answers will not be binding upon the City. These interpretations, clarifications or supplemental instructions will be placed with the solicitation documents on PublicPurchase.com not later than 2 working days prior to the scheduled time for receipt of bids. Addenda posted less than the 2 working days prior to the scheduled time for receipt of bids may include an extension to the original date of scheduled for receipt of bids. Failure of any bidder to receive any such Addendum or interpretation shall not relieve bidder from any obligation of submitted bid. All addenda issued shall become part of the contract documents and must be acknowledged as received on the submitted document(s). 1.4.3 Communications All communication with potential respondents should be made only through the Purchasing Department. The program staff should not have contact with potential respondents outside of pre- solicitation conferences. If a staff or Council member is contacted by a potential respondent, the person contacted must politely decline to discuss the procurement and forward the inquiry to the Purchasing Division. Likewise, a respondent that contacts someone other than authorized staff in regards to a solicitation may be disqualified. While the Purchasing Staff may not be able to answer all of the technical questions asked by potential respondents, they will ensure that the information is provided to all potential respondents. 1.5 Examination of the Bid documents and Work Site Bidders must familiarize themselves with the locations for contract performance required by the Bid Documents and take into account all relevant conditions when preparing its Bid. The contractor will not be paid additional compensation due to failure to account for conditions that may be observed by a site visit in its bid. The site for the Work will be made accessible to the public during normal business hours. Site visits by appointment are preferred. Bidders shall carefully examine all of the Bid Documents before completing the forms and submitting a Bid. Bidders are also advised to inspect the site of the Work to be performed, and familiarize itself with the conditions at the site that will affect the Work. A Bidder that is awarded a contract will be solely responsible for all costs arising from comply with the requirements of the Bid Documents, including, and associated with that Bidder’s (i) failure to without limitation, this requirement to inspect the Bid Documents and site of the Work, and (ii) failure to include any costs or expense attributable to site conditions that could have reasonably been discovered through a site inspection or examination of the Bid Documents. 1.6 Exceptions or Variances For the purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, in the specification comments, the Proposal page or pages attached thereto with the exact nature of the change outlined in sufficient detail. If variances are not stated, or referenced as required, it will be assumed that the product or service complies with the City's terms, conditions and specifications. By receiving a bid, the City does not necessarily accept any variance or exception contained in a bid. All variances or exceptions submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make the bid conditional in nature, the City reserves the right to reject the bid or part of that bid that is declared by the City as conditional. 1.7 Bid Prices Must Incorporate All Costs, Excluding Taxes Proposed prices must include any freight, handling, or other fees associated with the goods or services. No additional costs will be allowed, if not included in this proposal. Only sales taxes are to be excluded. 1.7.1 Taxes Materials purchased by the City of La Porte are not subject to the State of Texas Sales Tax. The City’s Texas Sales and Use Tax Exemption Certificate is available upon request. 1.8 Completion of the Bid Documents Each Bidder must complete all of the forms listed as required forms. The forms, including the Bid Proposal Pages, must be completed in ink, or typewritten. Bidders may not change any of the Bid Documents. Any changes made by a Bidder to the Bid Documents may result in rejection of the Bid, and will not be binding upon the City. Bidders must use the Bid Execution page that is appropriate for their form of business organization (e.g., sole proprietorship, corporation, partnership, or joint venture). The individual(s) that sign the Bid Execution Page on behalf of the Bidder, by their signature, represents and warrants to the City that such individual is authorized to execute bids and contracts on behalf of the Bidder, and that the Bidder agrees and shall be bound to all of the terms and conditions of the Bid Documents and, upon execution by the City, the Contract Documents. Signatures must be sworn before a Notary Public. If in a response, the bidder either electronically scans, re-types or in some way reproduces the City's published bid package, then in the event of a conflict between the terms and provisions of the City's published bid specifications, or provisions of the bid response submitted by the bidder, the City's bid any portion thereof, and the terms and specifications as published shall control. Furthermore, if an alteration of any kind to the City's published bid specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation. 1.9 Trade Names and Substitutions Reference to a specific manufacturer or trade name in this solicitation is intended to be descriptive (but not restrictive) and to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items that have been deemed by the City to be satisfactory. The Bidder must, if awarded the Contract, provide the product(s) specified, unless equivalent alternatives have been proposed as described below and found acceptable to the City. A bidder choosing to respond to this solicitation for bids with an alternate product(s) from those specified in the solicitation, must identify such alternate items with its Bid with a detailed explanation and documentation in support of how the alternate items proposed by the Bidder can perform as well as or better than those specified. Unless an alternate item is so identified, it is understood that the Bidder proposes, and will be required to provide, the specific item described in the specifications. No substitution of specified items will be allowed thereafter except as otherwise provided for in the specifications. Documentation in support of alternate items includes, but is not limited to: complete data substantiating compliance of proposed alternate items with requirements stated in the solicitation including: product identification, including manufacturer's name and address manufacturer's literature identifying the product description, reference standards, performance and test data samples, as applicable name and address of similar applications on which the product has been used, and date of usage. itemized comparison of proposed alternate item with product or service specified, listing significant variations Bidder warrants and represents that in making a formal request for substitution with alternate items that: the proposed alternate item is equivalent or superior in all respects to the product specified, and the same warranties and guarantees will be provided for the alternate item as for the product specified Bidder is solely responsible to provide all pertinent product data with the solicitation package 1.10 Authorized Dealer/Distributor Bids involving proposals for equipment or other goods that are subject to manufacturer warranties that require sale or installation by authorized dealers or distributors, the Contractor must be the manufacturer or an authorized dealer/distributor of the proposed manufacturer and be capable of providing genuine parts, assemblies and/or accessories as supplied by the manufacturer. Further, the Contractor must be capable of furnishing original product warranty and manufacturers related services such as product information, product recall notices, etc. The Bid documents will typically ask the Bidder to certify that it is an authorized dealer/distributor when this requirement is applicable. The Bidders compliance with these requirements will be determined by the Purchasing Division, whose decision will be binding. 1.11 Recycled materials To the extent practicable and economically feasible and to the extent that it does not reduce or impair the quality of any work or services, The City of La Porte encourages the use of products made of recycled materials. The City will be the sole judge in determining product selection and suitability. 1.12 Estimated Quantities Unless explicitly stated to the contrary in the Scope of Work, Detailed Specifications, or Proposal pages, any quantity shown on the Proposal Pages represent estimated usage and as such are for solicitation purposes only. The City reserves the right to increase or decrease quantities ordered. Nothing herein will be construed as intent on the part of the City to procure any goods or services beyond those determined by the City to be necessary to meet its needs. The City will only be obligated to pay for such quantity actually received and accepted as satisfactory and upon receipt of an itemized, correct invoice. 1.13 Bid Modifications A bidder may modify their bid by written communication at any time prior to the scheduled receipt of bids, provided such communication is received by the City prior to scheduled time for receipt of bids. 1.14 Withdrawal of bids Bidders may withdraw their Bid at any time prior to the date and time for Bid opening. Requests for withdrawal must be made in writing to the Purchasing Division. Bidders must make their own arrangements for the return of their Bids. 1.15 Cooperative or Interlocal Purchases Vendors with contracts awarded as Cooperative Purchasing Program participants may submit those contracted items so long as the specific cooperative contract details necessary to allow the City to verify that the proposed products or services satisfy theCity's specifications and requirements to the Bid are included. This information may include attachments to convey the contract specifics. The City may also, from time to time, enter into Interlocal Cooperation Purchasing Agreements with other governmental entities or governmental cooperatives to enhance the City's purchasing power. At the City's sole discretion and option, the City may informother entities that they may acquire items listed inthis solicitation. Such acquisition(s) shall be at the prices stated herein, and shall be subject to bidder's acceptance. Entities desiring to acquire items listed in this solicitation shall be listed on a rider attached hereto if known at the time of issuance, or if after contract award, issued subsequently. Participating Entity purchase orders will be submitted directly to Vendor by the Entity. The City of La Porte will not be liable or responsible for any obligations, including, but not limited to, payment and for any item ordered by an entity other than the City. Furthermore, Vendor authorizes City's use of Vendor's name, trademarks and Vendor provided materials in City's presentations or promotions regarding the availability of use of this contract. The City makes no representation or guarantee as to any minimum amount being purchased by the City or Entities, or whether participating Entity will purchase utilizing the City's contract. 1.16 Submission of Bids Bids are to be delivered to the Information Desk at City Hall, 604 W. Fairmont Parkway, La Porte, Texas 77571, on the date and prior to the time stated on the invitation to the Bid Documents, or any addendum issued by the City to change such date and/or time. The time of the receipt of the bid will be determined solely by the time stamp used at receipt of the bid. No bid will be accepted after the date and time specified. 1.16.1 Bidders are responsible for Bid delivery Each Bidder is solely and completely responsible for delivery of its Bid to the designated delivery location before the date and time established for the Bid opening. Any Bid that is not delivered on time, including Bids mistakenly delivered to other City offices, will not be accepted. The City is under no obligation to ensure that misdirected Bids are delivered to the designated delivery location prior to Bid opening. This article also applies to Bids sent via U.S. Postal Service or messenger service. From Bid Receipt and Evaluation to Award 1.17Bid Opening Bids will be opened and publicly read immediately following the deadline for the submission of Bids has passed. The public posting of the tabulation, and the apparent low Bidder are neither final nor binding. All Bids and Bid Documents are subject to review by City Staff to determine responsiveness and responsibility. Bid tabulations are public information and are posted on PublicPurchase.com typically within 3 business days of opening. 1.18 Effective Term of Bid Unless a bid is expressly rejected by the City, all bids will remain in effect for sixty (60) days subsequent to bid opening. Bidder may not withdraw or cancel or modify its Bid for a period of sixty (60) days after the advertised closing time for the receipt of Bids. The City reserves the right to reject any bid where a modification of its Proposal materially affecting the bid prior to the sixty (60) day period occurs. The City may request that Bidders extend the effective period of their Bids. Such requests will be made in writing, and will require the Bidder's written consent to the extension. 1.19 Evaluation and Consideration of Bids 1.19.1 Determination of responsiveness The City of La Porte Purchasing Division will review Bids to determine whether they conform to the requirements of the Bid Documents. 1.19.1.1 Must Bid all line items A Bidder must bid all line items set forth in the Proposal Pages, except to the extent that the Specification expressly allows otherwise. Bids submitted to the contrary will be considered incomplete and as a result, will be rejected as being non-responsive to this requirement. Per the Basis of Award, if Contract(s) will be awarded per Section or Group, Bidders must bid all items within a Section or Group, except to the extent that the Specification expressly allows otherwise. Bidders are not required to bid all Sections or Groups. Bids submitted to the contrary will be considered incomplete and as a result, will be rejected as being non responsive to this requirement. 1.19.1.2 Mathematical Calculations The City of La Porte Purchasing Division reserves the right to make corrections after receiving the bids to any clerical error apparent on the face of the bid. This includes but is not limited to obviously incorrect units or misplaced decimal points, or arithmetic errors. In the event that comparison of the Bidder's "Unit Price" and "Total Price" submitted for any line reveals a calculation error, the Unit Price shall prevail. 1.19.1.3 Unbalanced Bids The Purchasing Manager or their designated representative reserves the right to reject any Bid that, in his or her sole discretion and authority, determines is materially unbalanced. 1.19.1.4 Conditional Bids Conditional bids will not be accepted. 1.19.2 Determination of Responsibility The City of La Porte Purchasing Division has the sole discretion and authority to make the determination of responsibility. A Bidder may be requested to submit such additional information pertaining to responsibility as the Purchasing Official deems necessary. Failure to comply with such a request will result in a finding of non-responsibility and rejection of the bid. 1.19.2.1 Bidder Debts or Defaults Ordinance No. 98-2217 declares that the City will not make any expenditure of any kind for goods or services by the city, from any person, firm or corporation, owing any delinquent indebtedness to the city. Contractor agrees that by submitting this executed Bid that at the time of submitting such proposal, he is, at his option, submitting the bid in accordance with the Ordinance and, that if he is in debt to the City, payments he is owed under this contract will first be applied to pay off the debt. The complete Ordinance may be found on the City’s website. 1.19.2.2 Competency of Bidder Bidder, if requested, must present within a reasonable time, as determined by the City, evidence satisfactory to the Purchasing Division of ability to perform the Contract and possession of necessary facilities, financial resources and adequate insurance to comply with the terms of these specifications and contract documents. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 1.19.2.3 Rejection of bids and waiver of informalities The City, in its sole discretion and authority, may determine that it is in the best interest of the City to reject any or all Bids or to waive any informality in the Bids submitted in response to any invitation for Bids. 1.19.2.4 Tie Bids In the event of tie bids, preference will be given to the bidder who offers the best value to the city in accordance with State Law. 1.20 Method of award Contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods or services specified herein at the best value for the City of La Porte, in compliance with Texas Local Government Code, Section §252.043. The City of La Porte reserves the right to select the method in the best interest of the City, as determined by the Purchasing Manager. Best value criteria includes, but is not limited to: All costs including installation, warranty, maintenance, over all life cycle; Quality of the goods or services; Reputation of the bidder or bidder’s goods and services; Extent to which goods or services meet the City’s needs; The bidder's past relationship with the municipality; 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; Any relevant criteria specifically listed in the request for bids or proposals The City of La Porte Council reserves the right waive any informalities or technical errors, to make awards to more than one bidder, consider alternates proposed and award as lump sum, individual basis, or any combination, that in its judgment, will best serve the interests of the City or to reject any or all bids. For the purpose of evaluation, any item left "blank" will be deemed "no bid". The City reserves the right to accept any item or group of items on this bid, unless the bidder qualifies his/her bid by specific limitations. ARTICLE 2 Incorporation of Exhibits The following attached Exhibits are made a part of this agreement: Exhibit A-Pricing Proposal Exhibit B -Insurance Requirements Exhibit C – Conflict of Interest Questionnaire Exhibit D – Local Bidder Preference Exhibit E – House Bill 89 Verification Form Exhibit F – References Exhibit G – System Access Policy ARTICLE 3 - Standard Terms and Conditions 3.1 General Provisions 3.1.1 Definitions Wherever used in the bidding requirements of Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural, thereof. In addition to the terms specifically defined, terms with initial capital letters in the Contract documents include references to identified articles and paragraphs, and the titles of other documents or forms. Addendum: official revision of the solicitation documents Bidder: person, firm or entity submitting an offer (a issued by the Purchasing Division prior to Bid Opening Date “bid”) in response to an invitation for bids; for RFPs and which clarify, correct, or change the Bidding Requirements RFQs, references may be made to "Respondents". The or the proposed Contract documents. term includes anyone acting on behalf of the individual or other entity that submits a bid, such as agents, Additional Services: are those services which are within employees and representatives. Once the Contract is the general scope of Services of the contract, but beyond awarded the Contractor shall assume that all references the description of services in the detailed specifications to a Bidder or Respondent and such attendant and all services reasonably necessary to complete the obligations apply to the Contactor. additional services to the standards of performance required by the Contract. Bid Deposit: A deposit required of bidders to protect the City in the event a low bidder attempts to withdraw its offer Advertise: to make a public announcement of the or otherwise fails to enter into a contract with the City. intention to purchase goods or services. Acceptable forms of bid deposits are limited to: cashier’s check, certified check, or irrevocable letter of credit issued Agreement: The written instrument which is evidence of by a financial institution subject to the laws of Texas and the agreement between Owner and Contractor covering entered on the United States Department of the Treasury’s the work, services or goods. listing of approved sureties; a surety or blanket bond from a company chartered or authorized to do business in Texas. Amended: A status change to a Bid, RFP, RFQ or Contract that indicates a modification to that document. Bid Opening: The public opening of bids, in which the names of the bidders responding to an invitation and Amendment: Written addition or change to a contract. prices of the bidders are publicly read and recorded. See Proposal Opening. Assignment: Transfer of contractual rights from one party to another party. Bid Opening Date: date and time publicly advertised by the Purchasing Division as the deadline for submission of Attachments: all exhibits and other documents attached Bids; this may be referred to as a "Proposal Due Date” to the solicitation documents and/or incorporated into for RFP and RFQ solicitations. them by reference. Bid Tabulation: The recording of bids and bid data Best Value: factors that may be considered in determining submitted in response to a solicitation. The bid lowest overall cost and value in making certain purchases. tabulation is used for comparison, analysis and record Ref. Texas Government Code, Section 2155.074 (Non-keeping. Information Technology Related) and Texas Government Code, Section 2157.003 (Information Technology Related). Bidding Documents: The bidding requirements and the proposed Contract Documents (including all Addenda). Bid: an offer to contract with the City, submitted in response to a solicitation invitation. The term “bid” may also be used generically to reference a response to another type of solicitation, e.g., a quote. Bids are usually nonnegotiable and price is the major determining factor for selection. Bidding Requirements: The Advertisement or understood to apply to the Contractor. Invitation to Bid, Instructions to Bidders, Bid Security of acceptable form, if any, and the Bid Form with any Deliverables: a unit or increment of supplies, work or Supplements. product produced by Contractor, including but not limited to written reviews, reports, recommendations, charts, Change Order: A document which is used when it analysis, designs, plans, specifications, drawings, or other becomes necessary that amends, clarifies, changes, or similar products. cancels contract issues and/or provisions. Department: which may also be referred to as the City: means the City of La Porte, a home ruled using/user Department is the City Department which government municipality as defined by the State of appears on the applicable purchase order release for Texas. goods, work or services provided under this contract. Citywide Contract: a legal and binding instrument Detailed Specifications: refers to the contract specific between the city and a vendor(s) which is made requirements that includes but is not limited to a available to multiple city departments to purchase detailed description of the scope, term, compensation, frequently used commodities and services. price escalation, and such other additional terms and conditions governing this specific Contract. Competitive Sealed Bidding: The process of advertising an invitation for bids, conducting a public Effective Date of the Agreement: The date on which bid opening and awarding of a purchase order/contract the Agreement is signed and delivered by the last of the to the lowest responsive, responsible bidder in two parties to sign and deliver or, date of award by City accordance with state law. Council. Competitive Sealed Proposals: The process of Emergency: A purchase made when unforeseen advertising a request for proposal (RFP), the evaluation and/or a sudden unexpected occurrence creates a clear of submitted proposals and awarding of the contract. and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, Consultant: A person that provides or proposes to health, property, or essential public services. provide a consulting service. Compliance with normal procurement practice is impracticable or contrary to the public interest. Consulting Services: The practice of studying and advising an entity in a manner not involving the Force Majeure Event: an event beyond the reasonable traditional employer/employee relationship per the control of a party to this Contract, which is limited to acts Texas Government Code, Section 2254.021. of God, explosion, acts of the public enemy, fires, floods, earthquakes, tornadoes, epidemics, quarantine Contract: upon notice of award by Purchasing Division, the restrictions, work stoppages not caused or unmitigated by contract consisting of all Bid Documents relating to a the Contractor. specific invitation for bids or proposals, and all amendments, modifications, or revisions made from time Goods: A transportable article of trade or commerce that to time in accordance with the terms thereof. All such can be bartered or sold. Goods do not include services or documents comprising the Contract are referred to as real property. the "Contract Documents". Historically Underutilized Business: a minority or women- Contractor: the Bidder (person, firm or entity; vendor) owned business as defined by Texas Government Code, that is awarded the Contract to provide goods or Title 10, Subtitle D, Chapter 2161. services to the City of La Porte. This term is used ) (http://www.window.state.tx.us/procurement/prog/hub/ interchangeably with the term “vendor”. Any reference to the Bidder in the Contract documents is Performance Bond: A surety bond which provides Independent Contractor: A person working for an assurance of a bidder’s performance of a certain entity under contract and not an employee of the contract. Acceptable forms of bonds are those contracting entity. The contracting entity does not pay described in the definition for “bid deposit.” unemployment, disability, or worker’s compensation insurance or withholding taxes from payments to Posted Date: The date a procurement document is the person. An independent contractor normally made available to the public. follows the contracting agency’s direction on the results of the work but not on the means of Pre-Bid/Proposal Conference: A meeting chaired by accomplishing the work. City personnel which is designed to help potential bidders/respondents understand the requirements of Law(s): The word “Law” or “Laws,” whether or not a solicitation. capitalized, is intended in the broadest possible sense, including without limitation all applicable laws, rules, Professional Services: Services directly related to regulations, ordinances, codes and orders of any and all professional practices as defined by the Professional governmental bodies, agencies, authorities, and courts Services Procurement Act (Government Code, Section having jurisdiction; requirements and prohibitions of 2254.002) including those services within the scope of permits, licenses or other similar authorizations of any the practice of: accounting; architecture; optometry, kind; court decisions; common law; and all other legal medicine; land surveying; and professional requirements and prohibitions. engineering. Services provided by professionals outside the scope of their profession, e.g., Liquidated Damages: A specified contract provision management consulting services provided by which entitles the city to demand a set monetary accounting firms, are not considered professional amount determined to be fair and equitable services. repayment to the city for loss of service due to vendor’s failure to meet contract requirements. Proposal: An executed offer submitted by a respondent in response to a Request for Proposal (RFP) Notice of Award: The written notice by Owner to the and intended to be used as a basis to negotiate a Successful Bidder stating that upon timely compliance contract award. by the Successful Bidder with the Conditions precedent listed therein, Owner will sign and deliver the Proposal Opening: The public opening of Requests for Agreement. Proposals or Requests for Qualification responses, in which the names only of the bidders responding to an Notice to Proceed: A written notice given by Owner to invitation are publicly read and recorded. Contractor fixing the date on which the Contract times will commence to run and on which Contractor shall Proprietary Information: Information provided in start to perform the work under the Contract response to solicitations to which vendor claims Documents. ownership or exclusive rights and which is protected from disclosure under the Texas Public Information Act Owner: The entity, City of La Porte, Texas, with whom (Texas Government Code, Chapter §551) the Contractor has entered into the Agreement and for whom the Works are to be performed or goods Proprietary Purchase: a product or service is having a supplied. distinctive feature or characteristic that is not shared or provided by competing companies or similar Party: or collectively Parties refers to the entities that products or service. Texas Government Code Section have entered into this Contract including the 2155.067. Contractor and the City. Payment Bond: A bond executed in connection with a Purchase Order: a written purchase order from the City contract which secures the payment requirements of referencing this Contract. the contractor. Purchasing Division: The office designated to purchase and materials whether ancillary or as required by the goods and services for the City of La Porte. Detailed Specifications that Contractor provides in performance of its obligations under this Contract. Renewal: When an existing contract is renewed for an additional time period in accordance with the terms and Solicitation: A document requesting submittal of bids conditions of the original contract. or proposals for goods or services in accordance with the advertised specifications. Request for Information: A general invitation to contractors requesting information for a potential Specification: means the Bid Documents, including but future solicitation. The request for information is not limited to the detailed or technical specifications typically used as a research and information gathering that fully describe the physical of functional tool for preparation of a solicitation. characteristics or nature of supplies or services to be purchased. It may include a description of any Request for Proposal: A solicitation requesting requirements for inspecting, testing, or preparing submittal of a proposal in response to the required supplies or services for delivery. scope of services and usually includes some form of a Subcontractor: means any person or entity with whom cost proposal. The RFP process allows for negotiations the Contractor contracts to provide any part of the between proposer and the city. goods, services or work to be provided by Contractor under the Contract, including subcontractors of any Request for Qualifications: A solicitation document tier, suppliers and material men, whether or not in requesting submittal of qualifications or specialized privity with the Contractor. expertise in response to the scope services required. No pricing is solicited with an RFP. Successful Bidder: The Bidder submitting a responsive Bid to whom Owner makes an award. Request for Quote: An informal solicitation document requesting pricing on small dollar purchases. Surety: A person or entity providing a bond to a contractor to indemnify the City against all direct and consequential Respondent: An entity submitting a proposal in damages suffered by failure of the contractor to perform response to a solicitation (See Bidder) the contract and to pay all lawful claims of subcontractors, materials suppliers and laborers as applicable. Responsive: The respondent has complied with all material aspects of the solicitation document, including Term Contract: a contract that addresses the estimated submission of all required documents. requirements for a department or number of departments for supplies or services used repeatedly or in significant Responsible: The respondent has the capability to fully quantities over a period of time. perform and deliver in accordance with the contract requirements. The city may include past performance, Vendor: A business entity or individual that has a financial capabilities and business management as contract to provide goods or services to the City of La criteria for determining if a bidder or proposer is Porte. Used interchangeably with the term capable of satisfying the contract requirements. “contractor”. Services: Refers to all work, services (primarily labor) 3.1.2 Interpretation of the Contract 3.1.2.1 Order of Precedence The order of precedence of the contract parts will be as follows: Addenda, if any Detailed Specifications/Scope Plans or drawings, if any Special Conditions Supplemental Special Conditions, if any Insurance Requirements Standard Terms and Conditions Invitation to bid and proposal pages 3.1.2.2 Interpretation and Rules Unless a contrary meaning is specifically noted elsewhere, the phrases "as required", "as directed", "as permitted", and similar words mean the requirements, directions, and permissions of the Council or Purchasing Division, as applicable to this solicitation. The words "necessary", "proper", or similar words used with respect to the nature or extent of work or services mean that work or those services must be conducted in a manner, or be of a character which is necessary or proper for the type of work or services being provided in the opinion of the Council and the Purchasing Division, as applicable. The judgment of the Council and or the Purchasing Manager in such matters will be considered final. Wherever the imperative form of address is used, such as provide equipment "required" it will be understood and agreed that such address is directed to the Contractor unless the provision expressly states that the City will be responsible for the action. 3.1.2.3 Funding The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current fiscal year shall be subject to budget approval. Accordingly, the City of La Porte reserves the right to terminate this contract by giving Bidder thirty (30) days written notice, without liability to the City, in the event that funding for this contract is discontinued or no longer available. 3.1.2.4 Severability The invalidity, illegality, or unenforceability of any one or more phrases, sentences, clauses or sections in this Contract does not affect the remaining portions of this Contract. 3.1.2.5Survival of Terms Termination of the Contract for any reason shall not release the Respondent from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, invoice and fees verification. 3.1.2.6 Entire Contract The Contract Documents constitute the entire agreement between the parties and may not be modified except by the subsequent written agreement of the parties. 3.1.3 Subcontracting and Assignment 3.1.3.1 No assignment of Contract Contractor may not assign this Contract without the prior written consent of the City. In no case will such consent relieve Contractor from its obligations, or change the terms of the contracts. 3.1.3.2 Subcontracts No part of the goods, work or services to be provided under this Contract may be subcontracted without the prior written consent of the City; but in no case will such consent relieve the Contractor from its obligations, or change the terms of the contracts. Contractor must notify the City of all Subcontractors to be used and shall not employ any that the City does not approve of. Prior to proposing the use of a certain Subcontractor, the Contractor is responsible to verify that neither the Subcontractor nor any of its owners is debarred from or otherwise ineligible to participate on City Contracts. Subcontracting of the services or work or any portion of the Contract without the prior written consent of the City is null and void. Further, Contractor will not make any substitution of a previously approved Subcontractor without the prior written consent of the City; any substitution of a Subcontractor without the prior written consent of the City is null and void. Contractor will only subcontract with competent and responsible Subcontractors. If, in the judgment of the City, any Subcontractor is careless, incompetent, violates safety or security rules, obstructs the progress of the services or work, acts contrary to instructions, acts improperly, is not responsible, is unfit, violates any laws applicable to this Contract, or fails to follow the requirements of this Contract, then the Contractor will, immediately upon notice from the City, discharge or otherwise remove such Subcontractor and propose an acceptable substitute for City approval. 3.1.3.3 No Pledging or Assignment of Contract Funds without City approval The Contractor may not pledge, transfer, or assign any interest in this Contract or contract funds due or to become due without the prior written approval of the City. In no case will such consent relieve the Contractor from its obligations, or change the terms of the Contract. Contractor must notify the City, in writing, of the name of any proposed assignee and the reason for the assignment; consent to which is solely in the City's discretion. 3.1.4 Contract Governance 3.1.4.1 Governing Law and Jurisdiction This Contract will be governed in accordance with the competitive bidding requirements of the City and Texas Local Government Code §252, as amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidder is further advised that these requirements shall be fully governed by the laws of the State of Texas and that the City of La Porte 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. 3.1.4.2 Cooperation by Parties and between Contractors The Parties hereby agree to act in good faith and cooperate with each other in the performance of this Contract. Contractor further agrees to implement such measures as may be necessary to ensure that its staff and its Subcontractors will be bound by the provisions of this Contract. Unless otherwise provided in Detailed Specifications, if separate contracts are let for work within or adjacent to the project site as may be further detailed in the Contract Documents, each Contractor must perform its Services so as not to interfere with or hinder the progress of completion of the work being performed by other contractors. The Contractor must as far as possible, arrange its work and space and dispose of the materials being used, so as not to interfere with the operations of the other contractors within or adjacent to the limits of the project site. 3.1.4.3 Independent Contractor This Contract is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Contractor and the City. The rights and obligations of the parties are only those set forth in this Contract. Contractor must perform as an independent contractor and not as a representative, employee, agent, or partner of the City. This Contract is between the City and an independent contractor and, if Contractor is an individual, nothing provided for under this Contract constitutes or implies an employer-employee relationship such that any membership in any pension, insurance, vacation, sick leave or any other benefits ordinarily provided to individuals employed and paid through the regular payrolls of the City. Furthermore, the City is not required to deduct or withhold any taxes, FICA or other deductions from any compensation provided to the Contractor. 3.1.4.4 Authority Execution of this Contract by the Contractor is authorized and signature(s) of each person signing on behalf of the Contractor have been made with complete and full authority to commit the Contractor to all terms and conditions of this Contract, including each and every representation, certifications, and warranty contained herein, attached hereto, and collectively incorporated by reference herein, or as may be required by the terms and conditions hereof. If other than a sole proprietorship, Contractor must provide satisfactory evidence that the execution of the Contract is authorized in accordance with the business entity(s) rules and procedures. 3.1.4.5 Joint and Several Liability In the event that Contractor, or its successors or assigns, if any, is comprised of more than one individual or other legal entity (or a combination thereof), then and in that event, each and every obligation or undertaking herein stated to be fulfilled or performed by Contractor will be the joint and several obligation or undertaking of each such individual or other legal entity. 3.1.4.6 Contractor Compliance to Ordinance 98-2217 City of La Porte Ordinance 98-2217 prohibits any expenditure for goods or services by the City to any person firm or corporation owing any delinquent indebtedness to the City. Contractor certifies that it is in compliance with the requirements of said ordinance. Failure to disclose non-compliance with said ordinance may be cause for rejection or disqualification of bid. In addition, if Contractor is not in compliance with Ordinance 98-2217, Contractor hereby assigns to the City of La Porte the amount of its delinquent indebtedness to the City to be deducted by the City from any amounts due to Contractor. 3.1.4.7 Contractor Compliance to Protection of Resident Workers The City of La Porte, Texas supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the United States) and aliens authorized to work in the United States. Employer must verify, which includes completing the Employment Eligibility Employer Verification Form (I-9), the identity and employment eligibility of anyone to be hired and must also establish appropriate processes and controls so that no services or products related to this contract will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 3.1.4.8 Ethics City of La Porte officials and employees are responsible for protecting the safety and welfare of the public’s monies. All City officials and employees should endeavor to pursue a course of conduct that does not raise suspicion among the public. Therefore, they shall avoid acts which are improper or give the appearance of impropriety. This conduct is particularly important for City purchasing personnel and contract management personnel who are charged with the disposition of City funds. City of La Porte Ordinance No. 2013-3489 establishes an ethics and conflict of interest policy applicable to city council members, appointive members to city boards and commissions, and city employees. Any vendor entering into a contract or agreement with the City of La Porte, Texas expressly acknowledges that it has familiarized itself with the provisions of this Ordinance. 3.1.4.9 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 or property, goods or services with a local government entity and who has an employment or other business relationship with a local government officer or a family member of the officer, as described by Texas Local Government Code Section 176.006 (a) and (a-1), shall file a completed conflict of interest questionnaire with the City not later than the seventh business day after the later: 1) date 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. The Conflict of Interest Questionnaire (Form CIQ) is included as Exhibit C and must be returned with your submission. The form is also available from the City's website at www.laportetx.gov or from the Texas Ethics Commission at www.ethics.state.us. A complete copy of Chapter 176 of the Local Government Code http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm . Please consult your own may be found at legal advisor if you have questions regarding this form. 3.1.4.10 Certificate of Interested Parties (Form 1295) The Texas Legislature adopted House Bill 1295 which states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. 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 (City of La Porte requires such action for any contract $50,000 or greater) or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. As of January 1, 2016, the Texas Ethics Commission has made available on its website a filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The City is then responsible for notifying the commission of the receipt of the Filed Form 1295 with the certification of filing in accordance with the law. Additional information regarding the implementation of House Bill 1295 maybe found at www.ethics.state.tx.us . 3.1.4.11 Local Bidder Preference Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor’s location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. If the City receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within 5% of the lowest bid price received by the City from a bidder who is not a resident of the City, the City may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with the lowest bidder; or the bidder whose principal place of business is in the municipality. Exclusions to the local preference include expenditures of $25,000 or less, and those purchases which are: sole source, emergency, federally-funded, cooperative contracts, service contracts subject to the Professional Services Procurement Act, contracts awarded through request for proposals or qualifications, or via inter-local agreement. The City of La Porte, Texas has determined that the allowable preference shall be applied to local vendor’s bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. The request form, included as Exhibit D, and any supporting documentation must be submitted with quote/bid in order to be considered by the City of La Porte, Texas. This section does not prohibit the City from rejecting all bids. 3.1.4.12 House Bill 89 Verification H.B. No. 89 mandates companies that contract with Texas government entities for goods or services must contain a written verification from the company that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of the contract. By participating in this solicitation, Contractor acknowledges full understanding of and compliance with this requirement. 3.1.4.13 Confidentiality All deliverables and reports, data, findings or information in any form prepared, assembled or encountered by or provided by Contractor under this Contract are property of the City and are confidential, except as specifically authorized in this Contract or as may be required by law. Contractor must not allow the Deliverables to be made available to any other individual or organization without the prior written consent of the City. Further, all documents and other information provided to Contractor by the City are confidential and must not be made available to any other individual or organization without the prior written consent of the City. Contractor must not issue any publicity new releases or grant press interviews, and except as may be required by law during or after the performance of this Contract, disseminate any information regarding its Services or the project to which the Services pertain without the prior written consent of the City. Any request for documents regarding any records, data or documents which may be in Contractor's possession by reason of this Contract, Contractor must immediately give notice to the Purchasing Division of the City with the understanding that the City will have the opportunity to seek counsel or contest such process by any means available to it before the records or documents are submitted to a court or other third party. Contractor, however, is not obligated to withhold the delivery beyond the time ordered by a court or administrative agency, unless subpoena or request is quashed or the time to produce is otherwise extended. 3.1.4.14 Indemnity Contractor must defend, indemnify, keep and hold harmless to the fullest extent of the law, its successors, assigns and guarantors shall pay, defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from 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's fees, 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 by or 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 employees or 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. 3.1.4.15 Drug Free Work Place The Contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. This section does not prohibit the City from rejecting all bids. 3.2 Compensation Provisions 3.2.1 Ordering, Invoices and Payment Requests for work, services or goods in the form of a Purchase order will be issued by the Purchasing Division and sent to the contractor to be applied against the Contract. Contractor must not honor any order(s), perform work or services or make any delivery of goods without receipt of a Purchase Order issued by the City. 3.2.1.1 Invoices Invoices shall be submitted to the attention of Accounts Payable at 604 W. Fairmont Parkway, La Porte, Texas . 77571 or at accountspayable@laportetx.gov 3.2.2 Recordkeeping and Audits Contractor shall maintain a separate accounting and itemized records for these operations in accordance with Generally Accepted Accounting principles (GAAP). Contractor shall pay all costs and expenses, including lawful taxes, connected with its operations when due. The City or its authorized agents shall have the right to inspect such books or original entries and other related books, records or receipts, wherever located at such reasonable times and as often as may be requested during the term of this Contract until such time as is necessary to complete an audit should an audit be required beyond 3 years after the termination of this Contract for any reason. 3.2.2.1 Audits The City may, in its sole discretion audit the records of Contractor or its Subcontractors, or both, at any time during the term of this Contract or within three years after the Contract ends, in connection with the goods, work, or services provided under this Contract. Each calendar year or partial calendar year may be deemed an “audited period”. 3.2.2.2 Federally Funded Contracts If this Contract is federally funded, the Contractor will ensure that it and its Subcontractors comply with the applicable provisions of the Davis-Bacon Act (prevailing wages) Act 40 U.S.C. sec 276, as amended and related regulations and pay such applicable prevailing wage rates. The term general prevailing hourly rate, when used in this requirement will mean the hourly cash wages plus fringe benefits for health and welfare, insurance, vacations, and pensions paid generally, in the locality in which the work is being performed to employees engaged in work of a similar character on public works. As a condition of making payment to the Contractor, the City may require the Contractor to submit an affidavit to the effect that not less than the prevailing hourly wage rate is being paid to laborers, mechanics, and other workmen employed on this Contract in accordance with Texas of federal law, as applicable 3.3 Compliance with all laws 3.3.1 General Contractor must observe and comply with all applicable federal, state, county and municipal laws, statutes, regulations, codes, ordinances and executive orders in effect now or later and as amended whether or not they appear in the Contract Documents. Any agreement resulting from this solicitation shall be construed according to the laws of the State of Texas. The City and vendors agree that the venue for any legal action under this agreement shall be Harris County, Texas. In the event that any action is brought under any agreement resulting from the solicitation in Federal Court, the venue for such action shall be in the Federal Judicial District of Harris County, Texas. Provisions required by law, ordinances, rules, regulations or executive orders to be inserted in the Contract are deemed inserted in the Contract whether or not they appear in the contract. Contractor must require all Subcontractors to also do so. 3.3.2 Compliance with Environmental Laws and related matters Any noncompliance, by Contractor or any Subcontractor, with any Environmental Law during the time that this Contract is effective is an event of default, regardless of whether the noncompliance relates to performance of this Contract. This includes without limitation any failure by Contractor or any Subcontractor to keep current, throughout the term of this Contract, all insurance certificates, permits and other authorizations of any kind that are required, directly or indirectly, by any Environmental law. 3.3.2.1 Proof of Noncompliance Any adjudication, whether administrative or judicial, against Contractor or any Subcontractor, for a violation of any Environmental Law, is sufficient proof of noncompliance, and therefore of an event of default, for purposes of this Contract. Any citation issued to/against Contractor or any Subcontractor, by any government agent or entity, alleging a violation of any Environmental sufficient proof of noncompliance for purposes of this Contract, and therefore of an event of default, if the citation contains or is accompanied by, or the City otherwise obtains any evidence sufficient to support a reasonable conclusion that a violation has occurred. The City shall have the authority to determine whether noncompliance with an Environmental Law has occurred, based on any of the foregoing types of proof. The city may, at its discretion may declare an event of default, whether to offer an opportunity to cure, and if so any requirements for cure, such as by taking specified actions, which may include without limitation ceasing and desisting from utilizing a Subcontractor. 3.3.2.2 Costs Any cost arising directly or indirectly, in whole or in part, from any noncompliance, by Contractor or any Subcontractor with any Environmental Law, will be borne by the Contractor and not by the City. No provision of this Contract is intended to create or constitute an exception to this provision 3.3.1 Copyright and Patents Contractor agrees to indemnify and hold the City harmless from any claim involving patent infringement or copyrights for goods supplied. 3.4 Contract Disputes and Termination 3.4.1 Termination The City may terminate this Agreement, in whole or in part, at any time by written notice to the vendor. The effective date of termination will be the date the notice is received by the Contractor or the date stated in the notice, whichever is later. Vendor may terminate this agreement upon thirty (30) days written notice to the City. During such termination period, the vendor shall continue to diligently perform all duties hereunder. After a receipt of termination notice and except as otherwise directed by the City, the vendor shall: stop work on the date and to the extent specified; terminate and settle all orders and subcontracts relating to the performance of the terminated work; transfer all work in process, completed work, and other materials related to the terminated work as directed by the City; and continue and complete all parts of that work that have not been terminated. stth to September 30 fiscal year basis. Accordingly the City of The City of La Porte budget is funded on an October 1 La Porte Texas reserves the right to terminate this contract without liability to the City in the event that funding for this contract is discontinued or is no longer available. No payments will be made under this Contract beyond those amounts appropriated and budgeted by the City to fund payments under this Contract. Thirty (30) days written notice will be provided to Vendor where possible. 3.4.2 Dispute Resolution The Contractor and using Department must attempt to resolve all disputes arising under this Contract in good faith, taking such measures as, but not limited to investigating the facts of the dispute and meeting to discuss the issues. 3.4.2.1 Resolution Process Pursuant to subchapter 1, Chapter 271, Texas Local Government Code, contractor agrees that, prior to instituting any lawsuit or other proceeding arising from any dispute or claim of breach under this Agreement (a "Claim"), the parties will first attempt to resolve the claim by taking the following steps: (i) A written notice substantially describing the factual and legal basis of the claim shall be delivered by the contractor to the City within 30 days of the event giving rise to the claim, which notice shall request a written response to be delivered to the contractor not less than fourteen business days after receipt of the notice of claim; (ii) if the response does not resolve the claim, in the opinion of the contractor, the contractor shall give notice to that effect to the city whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the claim; (iii) if those persons cannot or do not resolve the claim, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person in an effort to resolve the claim. 3.5 Events of Default and Termination In addition to any breach of contract and events of default described within the Contract Documents, the following constitute an event of default: A. Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City B. Contractor's material failure to perform any of its obligations under this contract including: failure to perform services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the services; failure to have and maintain all professional licenses required by law to perform the services; Contractors repeated or continued violations of City law or ordinances whether related to the performance of this contract or not; failure to perform due to insolvency, filing for bankruptcy or assignment for the benefit of creditors or failure to seek approval for any change in ownership or control of Contractor; Contractor's default under any other Contract with the City during the life of this Contract; failure to promptly correct erroneous or unsatisfactory services; discontinuance of the services for reasons within Contractor's reasonable control; failure to comply with any other term of this contract 3.5.1 Cure or Default The City, at its sole discretion, may give Contractor an opportunity to cure a default within a specified period of time or, if no opportunity to cure is granted, will issue a written default notice. The decision to issue a default notice is within the sole discretion of the City and neither that decision nor the factual basis for it is subject to review or challenge under the Disputes provision of this Contract. 3.5.1.1 A default notice will also indicate any present intent to terminate this contract. This decision is final and effective upon giving the notice. If there is no present intent to terminate this contract, this decision does not preclude the City from later deciding to terminate in a later notice, which is final and effective upon the giving of the notice. 3.6 Department-specific requirements Contractor must comply with the relevant user Department’s specific requirements in the performance of this Contract, if applicable. 3.6.1 Codes, Permits, Licenses Vendor shall comply with all federal, state and local standards, codes and ordinances and other authorities such as utilities and those having jurisdiction pertaining to equipment and materials used and their application. None of the terms of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. Prior to start of work, successful bidder will obtain all necessary permits, certificates and/or licenses as required by law to fulfill contractual obligations to the City. City of La Porte permit fees will be waived. ARTICLE 4 Special Conditions for Services Contracts 4.1 Providing Services Contractor must not honor any verbal order(s), make any deliveries or commence any work related to the contract without receipt of a Purchase Order issued by Purchasing. Any goods or services provided by the Contractor without a written Purchase Order are made at the Contractor's risk. Consequently, in the event a written Purchase Order is not provided by the City, Contractor releases the City from any liability whatsoever to pay for any items or services provided without a written Purchase Order. 4.2 Timeliness of Performance of Services Contractor must provide the Services and Deliverables within the term and within the time limits required under this Contract, pursuant to detailed specifications or as specified in the applicable technical information and exhibits. Further, Contractor acknowledges that TIME IS OF THE ESSENCE and that the failure of Contractor to comply with the time limits may result in economic or other losses to the City. Neither Contractor nor its agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services whether or not caused by the City. 4.2.1 Force Majeure To the extent either party of this agreement shall be wholly or partially prevented from the performance of the term specified, or of any obligation or duty placed on such party by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, or other specific cause reasonably beyond the parties control and not attributable to its malfeasance, neglect or nonfeasance. In such event, the time for performance of such obligation or duty shall be suspended until such disability to perform is removed. 4.3 Standard of Performance of Services Contractor must perform all Services required of it under this Contract with that degree of skill, care and diligence normally shown by a Contractor in the community performing services of a scope and purpose and magnitude comparable with the nature of the Services to be provided under this Contract. Contractor acknowledges that it may be entrusted with or may have access to valuable and confidential information and records of the City and with respect to that information only, Contractor agrees to be held to the standard care of fiduciary. Contractor must ensure that all Services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide the City copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its Subcontractors or others on its behalf. All deliverables must be prepared in a form and content satisfactory to the Department and delivered in a timely manner consistent with the requirements of this Contract. If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its services and deliverables. The city’s rights against Contractor under this Contract at law, or in equity is not limited by this provision. If the City determines that Contractor has failed to deliver the City will notify the contractor of its failure. If Contractor does not correct the failure after receipt of notice form the City specifying the failure, then the City, by written notice, may treat the failure as a default of this contract. 4.4 Additional Services Any additional services requested by the Department require the approval by the City through a formal amendment before Contractor is obligated to perform those additional services and before the City becomes obligated to pay for those additional services. 4.5 Suspension of Services The City may at any time request that Contractor suspend its services, or any part of them, by giving 15 calendar days prior written notice to Contractor or in the event of emergency, upon informal, oral, or even no notice. No costs incurred after the effective date of such suspension are allowed. Contractor must promptly resume its performance of the Services under the same terms and conditions as stated in this contract upon written notice by the City and such equitable extension of time as may be mutually agreed upon by the City and Contractor when necessary for continuation or completion of Services. Any additional costs or expenses actually incurred by Contractor as a result of resuming the services must be treated in accordance with the compensation provisions of this Contract. 4.6 Personnel Contractor is expected to maintain an adequate force comprised of suitable, competent personnel that are fully equipped, licensed as appropriate, available as needed, qualified and assigned to perform the Services. The City reserves the right to request Contractor to adjust staffing levels to reflect workload and level of required Services or Additional Services. The City relied on the qualifications and experience of Contractor’s key personnel to perform the services. Contractor must not reassign or replace key personnel without the written consent of the City, which consent the City will not reasonably withhold. The City may at any time in writing notify Contractor that it will no longer accept performance of Services under this contract by one or more key personnel. Upon that notice contractor must immediately suspend the services of such person(s) and provide a replacement of comparable qualifications and experience that is acceptable to the City. 4.7 Purchase Orders Unless otherwise provided in the Scope of Work and Detailed Specifications, orders for products or services to be provided under this contract will be in the form of a City of La Porte purchase order that will be issued by the Purchasing Division and sent to the Contractor. 4.8 Delivery of Goods - Supplies Upon receipt of a Purchase Order, deliveries are to be made to the location(s) specified on the purchase order or as listed in the Scope and Detailed Instructions. Unless specifically stated in the Detailed Specifications or a written purchase order, all deliveries will be F.O.B. Destination City of La Porte. Initial acceptance of any delivery by the City will not be considered as a waiver of any provision of this Contract and will not relieve the Contractor of its obligation to supply satisfactory goods or services which conform to the Contract. Title and risk of loss of goods shall not pass to the City until goods are actually received and in the City is in possession of the goods at the point or points of delivery as specified in the solicitation. The delivery address may be included in this solicitation document and will be shown on the Purchase Order as a “Ship To” address. 4.9 Inspection and Defects - Supplies The City will have the right to inspect any products provided under this Contract. Upon delivery, the City will conduct an initial visual examination solely for the purpose of identifying any obvious damage, defects or non-conformance to specifications. The Contractor may be present for such an inspection. This does not limit the City's right to conduct subsequent inspection of any product(s) delivered. Should shipment errors defects or non-conformances be discovered in either the initial or subsequent inspection, the City may exercise appropriate remedies in accordance with the U.C.C., in addition to any other remedies specified in this agreement. Any returns to the Contractor, due to fault of Contractor will be at Contractor's expense. No re-stocking charges will apply and, replacements, when applicable shall arrive promptly. 4.10 Quality Quality of materials and workmanship must comply, at minimum, with best industry practices and standards or, specifically, as per the Detailed Specifications. Unless otherwise specified in the Detailed specifications, all items provided must be new and unused, and in conformance with the Contract. 4.11 Warranty and Product information Contractor must provide original product warranty and related services for products provided under this Contract in accordance with the standard warranty regularly provided by the original equipment manufacturer for that product, unless the Detailed Specifications call for a different warranty. Contractor warrants that the title to products provided under this agreement is good and its transfer is rightful, and that the products delivered to the City are free from all liens or security interest or other encumbrance. Additionally, in addition to any implied warranty, the items shall conform to specifications, drawings, and other requirements in the Detailed Specifications and shall be free from defects in materials and workmanship including defects in design except to the extent that they are non-standard products manufactured pursuant to detailed designs furnished by the City and the defect is in the portion of the design furnished by the City. Said warranties, including warranties implied by law, shall run to City, its successors, assigns, customers and to users of the goods. ARTICLE 5 Scope of Work and Detailed Specifications 5.1 General The City of La Porte is seeking competitive bids to upgrade the current Emergency Operations Center audio/visual equipment from analog to digital. It is anticipated that the project will commence immediately upon award with 120 calendar days for substantial completion and 150 calendar days for final project completion. A pre-bid meeting will be held at the Emergency Operations Center on February 6, 2018 at 10:00 a.m. The EOC is rd located at 3001 N. 23 St., La Porte, Texas 77571 NOTICE: Pre-bid attendees must have their driver’s license available prior to being escorted into the facility. Persons with current warrants will be denied entry. Additional background and security requirements may be required to be eligible to perform the work, see Exhibit G. 5.2 Technical Requirements The System upgrade will include, but may not be limited to, the following: Upgrade existing A/V switcher with a 32x32 switcher, including a new A/V rack (current system is Crestron) Remove all existing cabling and run new cabling from rack to designated terminals o The City is planning for twenty (20) inputs and ten (10) outputs with this upgrade Replace three (3) existing projectors with new laser projectors Replace three (3) existing projection screens with screens to match the aspect ratio of the new laser projectors Remove two (2) existing TV’s, and replace with one 46” TV Remove two (2) existing TV’s (around 50”), and replace with two (2) 70” TV’s Ceiling mounts will be needed for the three (3) projectors and two (2) 70” TV’s (if new equipment is not compatible with current mounts) One (1) wall mount will be needed for the 46” TV 5.2.2 Access to the worksite Contractor shall be screened in accordance with current security policy (Exhibit G). At minimum, any person entering the facility must provide a driver’s license, will have a background check by PD, and must not have any outstanding warrants. 5.2.2 Hours of Work All work related to the project is to be completed between the hours of 8am and 5pm, CST, Monday through Friday. No overtime hours are allowed for the project. 5.2.3 Contractor Supplies and Equipment Contractor is solely responsible for the delivery of, and the storage and care of all equipment, tools, materials, and other supplies necessary to perform the work. No secured storage area is available. 5.2.4 Safety and Housekeeping Contractor is solely responsible for safety of all representatives performing the work, proper disposal of any equipment, remnants, and related materials and, daily clean-up. Work area shall be left “broom-clean” and free from any equipment remnants or debris, and shall be left in the original condition prior to commencing the work. 5.3 Silence of Specifications The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. ARTICLE 6 Insurance Requirements and Bonding 6.1 Insurance Contractor’s performing work on City property or public right-of-way on behalf of the City of La Porte shall provide a certificate of insurance in accordance with the coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. It required that the required insurance be maintained at all times during the performance of the contract. All insurance companies must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of La Porte. Signing this solicitation indicates that you have the required insurance and if selected to perform the work, will provide the certificates of insurance naming the City as additionally insured. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. The types and amounts of insurances required are found in Exhibit B. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. 6.2 Bonds A Performance Bond and Payment Bond, furnished as a guaranty of the faithful performance of the work and for the protection of the claimants for labor and material, each in the full amount of the Contract price, executed by a surety company or companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas is required, each in the full amount of the Bid. When required, the City’s bond forms will be included and must be used. ARTICLE 7 Proposal Pages 7.1 Contractor agrees to charge to the public the retail prices, exclusive of any sales tax, as shown on Exhibit A, attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Contractor shall offer no other item for sale that is not on the approved price list. Initial pricing shall be in accordance with Exhibit A. Contractor may add, delete, or make other adjustments to items or pricing from time to time, provided each item or price change is pre-approved, in writing, by the City prior to its offering. ARTICLE 8 EXECUTION AND ACCEPTANCE PAGES Bid execution and acceptance pages follow. Please complete only the Execution page appropriate for your business type. Remainder of this page intentionally blank. 8.1 Bid Execution By a Corporation The undersigned, hereby acknowledges having received Solicitation Number _______________containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) ____________________, and affirms that the corporation shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. NAME OF CORPORATION: ______________________________________________________________________________ (Print or Type) SIGNATURE OF PRESIDENT*: ______________________________________________________________________________ (Or Authorized Officer) (Signature) TITLE OF SIGNATORY: ______________________________________________________________________________ (Print or Type) BUSINESS ADDRESS: ______________________________________________________________________________ (Print or Type) *Note: In the event that this bid (proposal) is signed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization, such as a resolution by the Board of Directors, which permits the person to sign the offer for the Corporation. ATTEST: ___________________________________________________________________ (Corporate Secretary Signature) (Affix Corporate Seal) State of _______________ County of _________________ This instrument was acknowledged before me on this _____ day of _______________, 20___ by ____________________ as President (or other authorized officer) and ______________________ as Secretary of ______________________________ (Corporation Name). (Seal) _____________________________ Commission Expires: ____________________ Notary Public Signature _______________ County of _________________ 8.2 Bid Execution By a Joint Venture The undersigned, hereby acknowledges having received Solicitation Number _______________containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions -General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) ____________________, and affirms that the Joint Venture shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. JOINT VENTURE NAME: ______________________________________________________________________________ (Print or Type) JOINT VENTURE ADDRESS:______________________________________________________________________________ (Print or Type) SIGNATURE AND ADDRESSES OF ALL MEMBERS OF THE JOINT VENTURE (If all members of the Joint Venture do not sign, indicate authority of signatories by attaching copy of Joint Venture agreement or other authorizing document): SIGNATURE OF Authorized Party: ______________________________________________________________________________ (Signature) TITLE OF SIGNATORY: ______________________________________________________________________________ (Print or Type) BUSINESS ADDRESS: ______________________________________________________________________________ (Print or Type) ATTEST: ___________________________________________________________________ (Joint Venture Secretary Signature) (Affix Joint Venture Seal) OR Joint Venturer Signature: (Signature) ___________________________________________________________ Address (Print or Type) ________________________________________________________ (Signature) ___________________________________________________________ Joint Venturer Signature: Address: (Print or type) _________________________________________________________ Joint Venturer Signature: (Signature) ___________________________________________________________ (Print or Type) ________________________________________________________ Address: State of _______________ County of _________________ This instrument was acknowledged before me on this _____ day of _______________, 20___ by ____________________ as President (or other authorized officer) and ______________________ as Secretary of ______________________________ (Joint Venture Name). (Seal) _____________________________ Commission Expires: ____________________ Notary Public Signature 8.3 Bid Execution By a Partnership The undersigned, hereby acknowledges having received Solicitation Number _______________containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions -General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) ____________________, and affirms that the Joint Venture shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. BUSINESS NAME: ______________________________________________________________________________ (Print or Type) BUSINESS ADDRESS: ______________________________________________________________________________ (Print or Type) SIGNATURE AND ADDRESSES OF ALL MEMBERS OF THE PARTNERSHIP (If all General Partners do not sign, indicate authority of signatories by attaching copy of the partnership agreement or other authorizing document): Address: (Print or Type) ________________________________________________________ Partner Signature: (Signature) ___________________________________________________________ Address: (Print or type) _________________________________________________________ Partner Signature: (Signature) ___________________________________________________________ Address: (Print or Type) ________________________________________________________ State of _______________ County of _________________ This instrument was acknowledged before me on this _____ day of _______________, 20___ by ____________________ as President (or other authorized officer) and ______________________ as Secretary of ______________________________ (Partnership Name). _____________________________ Notary Public Signature Commission Expires: ____________________ (Seal) 8.4 Bid Execution By a Sole Proprietor The undersigned, hereby acknowledges having received Solicitation Number _______________containing a full set of Contract Documents, including but not limited to, 1) Requirements for Bidding and Instructions to Bidders, @) Standard Terms and Conditions - General Conditions, 3) Special Conditions, 4) Contract Plans or Drawings (if applicable), 5) Detailed Specifications, 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) ____________________, and affirms that the sole proprietor shall be bound by all the terms and conditions contained in the Contract Documents regardless of whether a complete set thereof it attached to this proposal or bid, except only to the extent that the corporation has taken express written exception thereto in the sections of this solicitation designated for that purpose. Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit this execution page on behalf of the Disclosing Party; (2) warrants that all certifications and statements contained in the execution pages are true, accurate and complete as of the date the execution page was submitted; and (3) further warrants that, as of the date of submission of this solicitation there have been no changes in circumstances since the date that the Execution page was submitted that would render any certification in the execution page false, inaccurate or incomplete. Furthermore, the undersigned being duly sworn, deposes and says on oath that no disclosures of ownership interests have been withheld and the information provided therein to the best of its knowledge is current and the undersigned has not entered into any agreement with any other Bidder (proposer) or prospective Bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among Bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. SIGNATURE OF PROPRIETOR: ______________________________________________________________________________ (SIGNATURE) DOING BUSINESS AS: ____________________________________________________________________________ (Print or Type) Business Address ____________________________________________________________________________ (Print or Type) ____________________________________________________________________________ (Print or Type) ____________________________________________________________________________ (Print or Type) State of _______________ County of _________________ This instrument was acknowledged before me on this _____ day of _______________, 20___ by ____________________ as President (or other authorized officer) and ______________________ as Secretary of ______________________________ (Partnership Name). _____________________________ Notary Public Signature Commission Expires: ____________________ (Seal) Article 9 EXHIBITS Exhibit pages to follow Remainder of page intentionally blank Exhibit A Pricing to Sealed Bid #18010 Audio and Visual Equipment NOTE: Please itemize any other additional fees or charges. Any charges not included in this proposal will not be allowed. Attach additional sheet if necessary. The City of La Porte is exempt from taxes. DO NOT INCLUDE TAX IN BID Lump Sum Install Audio Visual Equipment, as specified $___________________________ The undersigned certifies: 1.to comply with all instructions to bidders, attached specifications and other documents contained in this solicitation; 2.that they have not conspired with any other potential supplier in any manner to attempt to control competitive pricing; 3.that they are a duly qualified, capable and bondable business entity not in receivership or contemplating same, and has not filed for bankruptcy. 4.affirms that they will not discriminate against any employee or applicant as prohibited by law. Failure to comply may lead to termination of contract. It is understood and agreed that the above described item, material, equipment and/or work shall carry the standard warranty of the manufacturer and be delivered on site in accordance with the attached specifications in _______ days after receipt of order. METHOD OF PAYMENT: City of La Porte payment terms is Net 30 (vendor paid within 30 days of satisfactory receipt of goods and an approved invoice) Do you allow for payments using the City’s Procurement Card Provider, CitiBank (this is the preferred payment method in many instances)? _____________ If “yes”, discount offered ____________ % Company Name: _________________________________ Authorized Signer: ______________________________ (Printed Name) Telephone No: ___________________________________ Authorized Signer: ______________________________ (Signature) E-mail: _________________________________________ Exhibit B Insurance Requirements Contractor shall keep and maintain during the term of this contract, insurance as detailed in this Exhibit. Each policy obtained by the Contractor for work with this Contract, with exception of the Worker's Compensation policy, shall name the City of La Porte as an additional insured, and shall contain waiver of subrogation in favor of the City of La Porte. The coverage and amounts designated are minimum requirements and do not establish limits of the Contractor's liability. Additional coverage may be provided at the Contractor's option and expense. General Liability: Commercial General Liability General Aggregate $2,000,000.00 Personal Injury $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker's Compensation: 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 (TWC-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. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's work on the project has been completed and accepted by the Owner. Persons providing services on the project - 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 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 services related to the project. GPSN DJR DPOGMJDU!PG!JOUFSFTU!RVFTUJPOOBJSF Gps!wfoeps!epjoh!cvtjoftt!xjui!mpdbm!hpwfsonfoubm!foujuz PGGJDF!VTF!POMZ Uijt!rvftujpoobjsf!sfgmfdut!dibohft!nbef!up!uif!mbx!cz!I/C/!34-!95ui!Mfh/-!Sfhvmbs!Tfttjpo/ Uijt!rvftujpoobjsf!jt!cfjoh!gjmfe!jo!bddpsebodf!xjui!Dibqufs!287-!Mpdbm!Hpwfsonfou!Dpef-!cz!b!wfoeps!xip Ebuf!Sfdfjwfe ibt!b!cvtjoftt!sfmbujpotijq!bt!efgjofe!cz!Tfdujpo!287/112)2.b*!xjui!b!mpdbm!hpwfsonfoubm!foujuz!boe!uif wfoeps!nffut!sfrvjsfnfout!voefs!Tfdujpo!287/117)b*/ Cz!mbx!uijt!rvftujpoobjsf!nvtu!cf!gjmfe!xjui!uif!sfdpset!benjojtusbups!pg!uif!mpdbm!hpwfsonfoubm!foujuz!opu!mbufs uibo!uif!8ui!cvtjoftt!ebz!bgufs!uif!ebuf!uif!wfoeps!cfdpnft!bxbsf!pg!gbdut!uibu!sfrvjsf!uif!tubufnfou!up!cf gjmfe/!!Tff!Tfdujpo!287/117)b.2*-!Mpdbm!Hpwfsonfou!Dpef/ B!wfoeps!dpnnjut!bo!pggfotf!jg!uif!wfoeps!lopxjohmz!wjpmbuft!Tfdujpo!287/117-!Mpdbm!Hpwfsonfou!Dpef/!Bo pggfotf!voefs!uijt!tfdujpo!jt!b!njtefnfbops/ 2 Obnf!pg!wfoeps!xip!ibt!b!cvtjoftt!sfmbujpotijq!xjui!mpdbm!hpwfsonfoubm!foujuz/ 3 Difdl!uijt!cpy!jg!zpv!bsf!gjmjoh!bo!vqebuf!up!b!qsfwjpvtmz!gjmfe!rvftujpoobjsf/!)Uif!mbx!sfrvjsft!uibu!zpv!gjmf!bo!vqebufe dpnqmfufe!rvftujpoobjsf!xjui!uif!bqqspqsjbuf!gjmjoh!bvuipsjuz!opu!mbufs!uibo!uif!8ui!cvtjoftt!ebz!bgufs!uif!ebuf!po!xijdi zpv!cfdbnf!bxbsf!uibu!uif!psjhjobmmz!gjmfe!rvftujpoobjsf!xbt!jodpnqmfuf!ps!jobddvsbuf/* 4 Obnf!pg!mpdbm!hpwfsonfou!pggjdfs!bcpvu!xipn!uif!jogpsnbujpo!jt!cfjoh!ejtdmptfe/ !!!!!!!!Obnf!pg!Pggjdfs 5 Eftdsjcf!fbdi!fnqmpznfou!ps!puifs!cvtjoftt!sfmbujpotijq!xjui!uif!mpdbm!hpwfsonfou!pggjdfs-!ps!b!gbnjmz!nfncfs!pg!uif pggjdfs-!bt!eftdsjcfe!cz!Tfdujpo!287/114)b*)3*)B*/!!Bmtp!eftdsjcf!boz!gbnjmz!sfmbujpotijq!xjui!uif!mpdbm!hpwfsonfou!pggjdfs/ Dpnqmfuf!tvcqbsut!B!boe!C!gps!fbdi!fnqmpznfou!ps!cvtjoftt!sfmbujpotijq!eftdsjcfe/!!Buubdi!beejujpobm!qbhft!up!uijt!Gpsn DJR!bt!ofdfttbsz/ B/Jt!uif!mpdbm!hpwfsonfou!pggjdfs!ps!b!gbnjmz!nfncfs!pg!uif!pggjdfs!sfdfjwjoh!ps!mjlfmz!up!sfdfjwf!ubybcmf!jodpnf- puifs!uibo!jowftunfou!jodpnf-!gspn!uif!wfoeps@ Zft!!Op C/Jt!uif!wfoeps!sfdfjwjoh!ps!mjlfmz!up!sfdfjwf!ubybcmf!jodpnf-!puifs!uibo!jowftunfou!jodpnf-!gspn!ps!bu!uif!ejsfdujpo pg!uif!mpdbm!hpwfsonfou!pggjdfs!ps!b!gbnjmz!nfncfs!pg!uif!pggjdfs!BOE!uif!ubybcmf!jodpnf!jt!opu!sfdfjwfe!gspn!uif mpdbm!hpwfsonfoubm!foujuz@ Zft!!Op 6 Eftdsjcf!fbdi!fnqmpznfou!ps!cvtjoftt!sfmbujpotijq!uibu!uif!wfoeps!obnfe!jo!Tfdujpo!2!nbjoubjot!xjui!b!dpsqpsbujpo!ps puifs!cvtjoftt!foujuz!xjui!sftqfdu!up!xijdi!uif!mpdbm!hpwfsonfou!pggjdfs!tfswft!bt!bo!pggjdfs!ps!ejsfdups-!ps!ipmet!bo pxofstijq!joufsftu!pg!pof!qfsdfou!ps!npsf/ 7 Difdl!uijt!cpy!jg!uif!wfoeps!ibt!hjwfo!uif!mpdbm!hpwfsonfou!pggjdfs!ps!b!gbnjmz!nfncfs!pg!uif!pggjdfs!pof!ps!npsf!hjgut bt!eftdsjcfe!jo!Tfdujpo!287/114)b*)3*)C*-!fydmvejoh!hjgut!eftdsjcfe!jo!Tfdujpo!287/114)b.2*/ 8 Tjhobuvsf!pg!wfoeps!epjoh!cvtjoftt!xjui!uif!hpwfsonfoubm!foujuz Ebuf Gpsn!qspwjefe!cz!Ufybt!Fuijdt!Dpnnjttjpoxxx/fuijdt/tubuf/uy/vt Sfwjtfe!2204103126 CITY OF LA PORTE LOCAL BIDDER PREFERENCE APPLICATION Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor’s location in the determination of a bid award if the lowest bid received is from a business outside the municipality and contracting with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of La Porte, Texas has determined that the allowable preference shall be applied to local vendor’s bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with quote/bid in order to be considered by the City of La Porte, Texas. Questions should be addressed to the Purchasing Department at 281-470-5126. Exclusions to the local preference include expenditures of $25,000 or less, and those purchases which are: sole source, emergency, federally-funded, cooperative contracts, service contracts subject to the Professional Services Procurement Act, contacts awarded through request for proposals or qualifications, or via inter- local agreement. Location Eligibility: Principal place of business in La Porte, Texas. Principal place of business is defined herein as a business that is headquartered in and has an established place of business in the incorporated limits of the City of La Porte, and from which a substantial role in the entity’s performance of a commercially useful function or a substantial part of its operations is conducted. A location utilized as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, shall not be construed as a principal place of business. 1. (a)If yes, identify name of business/DBA, address and business structure: sole proprietorship, partnership, corporation or other. Name of business/DBA: ____________________________________________________ Address: _______________________________________________________________ City: __________________________ State: _____________ Zip: ___________________ Sole Proprietorship Partnership Corporation Other ______________________________ (b)Name and city of residence of owner(s) partners/corporate officers as applicable Name: ______________________________________ City: ________________________________________ 2.General Business Information: (a)Year business established (La Porte location) _________ (b)Most recent year property valuation (if owned); real and personal property $____________ (c)Is business current on all property, sales tax and utility bills at the time of this application? ________ (d) Total number of current employees_______ and number of La Porte-resident employees ______ 3.Economic Development benefits resulting from award of this contract: (a)Number of additional jobs created______ or retained for La Porte resident-employees ______ (b)Local subcontractor utilized, if applicable; name, location and contract value for each LOCAL BIDDER PREFERENCE APPLICATION, Continued Name: ________________________________ Address: ______________________________ Contract Value $________________________ (c)Other economic development benefit deemed pertinent by applicant _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid No. /Quote for which the local preference is requested: ____________________________ ______________________________________________________________________________ (Name of Bidder) (Date) ____________________________________ (Signature) ____________________________________ (Print Name) THE STATE OF TEXAS § § COUNTY OF______________§ Appeared before me the above-named_____________________________, known to me to be the same, and swore that the information provided in response to the foregoing questions are true and correct to the best of his/her knowledge and belief, this ______ day of _________________, 20___. ________________________________ NOTARY PUBLIC, STATE OF TEXAS Printed Name: _____________________ Commission Expires: ________________ References: Please PRINT or TYPE here, the names, addresses and other contact information of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may be willing to provide a reference and recommendation for your company. Failure to complete and submit this form may be cause to disqualify your proposal. References provided must be for similar projects. At least 2 references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and a brief description of the type of involved for each reference provided. Company Name Contact Address Telephone E-mail ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Company Name Contact Address Telephone E-mail _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________ Company Name Contact Address Telephone E-mail _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________ Company Name Contact Address Telephone E-mail _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________ Company Name Contact Address Telephone E-mail _____________________________________________________________________________________________ _____________________________________________________________________________________________ ____________________________________________________________________________________ Company Name Contact Address Telephone E-mail _____________________________________________________________________________________________ ____________________________________________________________________________________ _____________________________________________________________________________ February 01, 2018 Addendum No 1 Bid #18010 –Audio and Visual Equipment Invitation to Bid Current Invitation to Bid readsthat prebid will be held on February 6, 2018. The date has been changed: From: 2-6-18 To: February 13, 2018, 10:00 a.m. CST in the Emergency Operations Center located at 3001 N. rd Street, La Porte, Texas 77571. 23 Please acknowledge receipt of addendum by signing below. This form must accompany your proposal. I do hereby acknowledge receipt of Addendum No. 1 to Bid #18010 Signature ______________________________________________________________________________ Printed Name Regards, Sandie Scarborough, CPSM, C.P.M. Contract Administrator February , 2018 Addendum No Bid #18010 – Audio andVisual Equipment I Please acknowledge receipt of addendum by signing below. This form must accompany your proposal. I do hereby acknowledge receipt of Addendum No. to Bid #18010 Signature ______________________________________________________________________________ Printed Name Regards, Sandie Scarborough, CPSM, C.P.M. Contract Administrator Exhibit A Pricing to Sealed Bid #18010 Audio and Visual Equipment NOTE: Please itemize any other additional fees or charges. Any charges not included in this proposal will not be allowed. Attach additional sheet if necessary. The City of La Porte is exempt from taxes. DO NOT INCLUDE TAX IN BID Lump Sum Install Audio Visual Equipment, as specified $___________________________ to comply with all instructions to bidders, attached specifications and other documents contained in this solicitation; that they have not conspired with any other potential supplier in any manner to attempt to control competitive pricing; that they are a duly qualified, capable and bondable business entity not in receivership orcontemplating same, and has not filed for bankruptcy. affirms that they will not discriminate against any employee or applicant as prohibited by law. Failureto comply may lead to termination of contract. It is understood and agreed that the above described item, material, equipment and/or work shall carry the standard warranty of the manufacturer and be delivered on site in accordance with the attached specifications in _______ days after receipt of order. METHOD OF PAYMENT: City of La Porte payment terms is Net 30 (vendor paid within 30 days of satisfactory receipt of goods and an approved invoice) Do you allow for payments using the City’s Procurement Card Provider, CitiBank (this is the preferred payment methd in many instances)? If “yes”, discount offered ____________ % February , 2018 Addendum No Bid #18010 – Audio andVisual Equipment Please acknowledge receipt of addendum by signing below. This form must accompany your proposal. I do hereby acknowledge receipt of Addendum No. to Bid #18010 Signature ______________________________________________________________________________ Printed Name Regards, Sandie Scarborough, CPSM, C.P.M. Contract Administrator Exhibit A Pricing to Sealed Bid #18010 Audio and Visual Equipment NOTE: Please itemize any other additional fees or charges. Any charges not included in this proposal will not be allowed. Attach additional sheet if necessary. The City of La Porte is exempt from taxes. DO NOT INCLUDE TAX IN BID Lump Sum Install Audio Visual Equipment, as specified $___________________________ to comply with all instructions to bidders, attached specifications and other documents contained in this solicitation; that they have not conspired with any other potential supplier in any manner to attempt to control competitive pricing; that they are a duly qualified, capable and bondable business entity not in receivership orcontemplating same, and has not filed for bankruptcy. affirms that they will not discriminate against any employee or applicant as prohibited by law. Failureto comply may lead to termination of contract. It is understood and agreed that the above described item, material, equipment and/or work shall carry the standard warranty of the manufacturer and be delivered on site in accordance with the attached specifications in _______ days after receipt of order. METHOD OF PAYMENT: City of La Porte payment terms is Net 30 (vendor paid within 30 days of satisfactory receipt of goods and an approved invoice) Do you allow for payments using the City’s Procurement Card Provider, CitiBank (this is the preferred payment methd in many instances)? If “yes”, discount offered ____________ % 1170100010003170 9148191481 $94,651.00 Ford AV 610305 12202135 113829.08113829.08 $115,964.08 Group Audio Visual Technologies 113924.18113924.18 $113,924.18 DataVox, Inc. NANANA LSLSLSLS QTY Description Bid Tabulation to #18010 - Audio Visual Equipment Upgrade at PD lump sum to provide and install audio visual equipment as specifiedrelocate existing electrical outlets in closer proximity to projectors being installed (3 projectors)relocate existing electrical outlets for TV's to accommodate new TV installationpatch and paint to line new condition where installation changes or relocation of equipment within this scope leave visible damages SubTotal Item 1Sub Total Options (1A, 1B, 2)Grand Total 1 Item No.Option 2 Option 1AOption 1B REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 26, 2018 Source of Funds: 015 Requested By: Don Pennell Account Number: 015-7070-530-1100 Department: Public Works Amount Budgeted: 015 $400,000 Report: ___ Resolution: _____ Ordinance: _______ Amount Requested: 015 $52,485 Budgeted Item: YES NO Exhibit: Burditt Consultants Professional Services Proposal Exhibit: Sample Conceptual Drawing Exhibit: Sample Custom Designed Facilities SUMMARY & RECOMMENDATION The former Texas Parks and Wildlife building, located at the corner of Main Street and S. Broadway (Five Points), has sustained substantial weather related structural and roof damages causing damages to the interior building and contents. The cost of necessary rehabilitation exceeds the cost to demolish the building and prepare the site for a new facility (a new restroom and pavilion). Thus, the FY 17 budget includes an allocation of $40,700 for the demolition of the existing facility, as well as funding from the La Porte Development Corporation of $400,000 for the design and construction of a covered open-air pavilion, restroom facility, storage facility, and parking. The pavilion and facilities will serve the area during recurring events such as Movie in the Park, Main Street Trade Days, and other outdoor programming. Burditt Consultants, L.L.C., was selected as the top firm of the two (2) respondents to RFQ #17603, Professional Architectural Design and Engineering Services Five Points Improvements. The proposal submitted by Burditt Consultants (attached) includes design of an open air pavilion and parking and coordinating design motif with pre-itect for a total fee of $52,485. The pre-fabricated building will be procured using an approved BuyBoard Cooperative Purchasing vendor. At least one (1) public stakeholder meeting is anticipated prior to the design phase. Additionally, Burditt will provide three (3) conceptual options for the project prior to proceeding with the design phase. Benefits: The project will provide useful facilities, such as restrooms and storage, which were provided in the currently unusable existing building. Additionally, the new facility will match the existing art deco design motif, creating a more uniform aesthetic throughout the park. Liabilities: Deferring the project would require the procurement and use of portable restrooms for all events hosted at the site. Operating Costs: The pavilion will have both electrical and water/sewer service that will incur monthly recurring charges. However, the anticipated utilization is not expected to be much more than what is currently being utilized at this site today. Action Required by Council: Consider approval or other action authorizing the City Manager to enter into a professional services contract with Burditt Consultants, L.L.C., for the design, bidding and construction phase services for design and construction of new facilities at Five Points, with a total authorization of $52,485.00. Approved for City Council Agenda Corby D. Alexander Date ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ RestroomFacilitiesLimited COMPANY. C Copyright 2017 written contract with the property of RESTROOM to others without the written This material is the exclusive FACILITIES (the company) and permission of the PRESIDENT of shall not be reproduced or disclosedthe COMPANY or as authorized by MARBLE FALLS, TX 78654 512-222-5454 1707 COLT CIRCLE q q " " / / 2 2 SPACE FLOOR CLEAR 30"X48" clear 30"X36"to panel SPACE FLOOR CLEAR 30"X48" q " / 2 q " / 2 RestroomFacilitiesLimited COMPANY. C Copyright 2017 written contract with the property of RESTROOM to others without the written This material is the exclusive FACILITIES (the company) and permission of the PRESIDENT of shall not be reproduced or disclosedthe COMPANY or as authorized by MARBLE FALLS, TX 78654 512-222-5454 1707 COLT CIRCLE 3D View 2 3D View 4 3D View 13D View 3 SAMPLE CUSTOM DESIGNED FACILITIES REQUEST FOR CITY COUNCIL AGENDA ITEM March 26, 2018 Appropriation Agenda Date Requested Source of Funds: N/A Requested By: Corby Alexander, City Manager Account Number: N/A Department: Administration Amount Budgeted: N/A Report Resolution: Ordinance: XX Amount Requested: N/A Exhibit: Ordinance Budgeted Item: YES NO SUMMARY & RECOMMENDATION th At the March 12 City Council meeting, direction was provided to staff to prepare an ordinance that . Staff has prepared an ordinances for consideration pertaining to the elimination of these fees. This ordinance will revise Chapter 74 Utilities, Article III. Water and Sewer Service Charges, Division 4 Utility Development development water and sewer fees. Action Required by Council: Consider approval or other action regarding an ordinance that eliminates the front foot development fees for water and sewer services. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 74“UTILITIES” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ELIMINATING FRONT FOOT DEVELOPMENT FEES FOR WATER AND SEWER SERVICES; AMENDING APPENDIX A-FEES; PROVIDING A SEVERABILITY CLAUSE;CONTAINING A REPEALING CLAUSE;PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCEWITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINEDBY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1.That Chapter 74, “Utilities,” Article III “Water and Sewer Service Charges”, Division 4 “Utility Development Fees”, of the Code of Ordinances of the City of La Porte, Texas is hereby amended in its entirety and shall hereinafter read as follows: “DIVISION 4. -UTILITY DEVELOPMENT FEES Sec. 74-280. -Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Actual costis the cost of off-site water lines or sanitary sewer line extensions as was paid by the city or developer for the contractor to complete the project. Developeris a person, firm or corporation, whether one or more or a combination of one or more, that improves, sells or uses land for the purpose ofconstructing residential, commercial or industrial buildings thereon to be sold or leased to others, or for personal use. Off-site extensionis an extension of water lines or sanitary sewer lines that are totally outside a tract of land to be subdivided and/or developed. Sanitary sewer linesare the sanitary sewer mains, laterals, sanitary sewers, lift stations, and pump stations located in public streets and easements. Tap feesare the fees paid for a metered water service connection or a stack fee for sanitary sewer service. Tract acreageis the total acreage that can be served by the off-site extension, i.e., the total acres or parcels of land that can be served on the extension as shown by a project service area map to be prepared by the planning department prior to construction of the extension. Water linesare the water mains, service lines, fire hydrants, and appurtenances located in public streets and public easements. Sec. 74-281. -City to construct water and sanitary sewer lines only in public rights-of-way, or easements. The city shall construct or cause to be constructed water and sanitary sewer laterals, mains, and facilities under the provisions hereof only in public rights-of-way or easements. All such laterals, mains and facilities when constructed shall remain the property of the City of La Porte, and no person shallby any meansacquire any interest or right in any laterals, mains, or facilities, or any portion thereof, other than the privilege to have their property connected thereto for water and/or sanitary sewer service in accordance with the ordinances of the city. Sec. 74-282.-Developer responsibilities. (a) The developer will be responsible for installation of all internal utilities necessary to serve the development including fire protection and either public or private lift station(s) where required. (b) A developer/owner may also be required to pay a pro-rata reimbursement for certain infrastructure funded by a third party. (c) In all cases, a tap fee per connection and all applicable inspection fees are due to the city before the physical connection to the public infrastructure line is made. Sec. 74-283. -City participation in cost of extension of mains. (a) The decision of whether or not the city will participate in the cost of extending any water or sanitary sewer main to serve the property of an applicant under the provisions hereof shall be on a case by case basis. Requests for city participation shall be in writing to the director of planning. (b) For developments whose utility demands are higher than can be accommodated by existing utilities and the proposed land use is different than that described for in the La Porte Comprehensive Plan, the developer shall be responsible for and will provide for any additional costs necessary to serve the development Sec. 74-284.-Tap fees and payment. (a)For development of property within the city limits: (1) Where public utilities are not immediately available to the site the fees listed in Appendix A of this Code, will be assessed as a minimum, and such fees may be utilized to extend water and/or sanitary sewer to and through the fronting public right-of-way. (2) Any additional costs required will be the responsibility of the developer/owner/applicant. Application for city participation in either off-site extensions and/or oversizing will be considered on a case by case basis. (b)All applicants shall complete an application for utility service on forms provided by the city. Sec. 74-285.-Required off-site extensions to serve property development. (a) When water line or sanitary sewer line facilities are not available to serve a tract of land, the city will construct or cause to be constructed public or private construction of an off-site extension of water lines and/or sanitary sewer lines at the developer's expense to and through the subject tract. (b) Applications for extension. (1) Any developer/owner who desires an extension of city water or sanitary sewer lines to serve his facility or property shall make written application to the planning and development department to extend said water or sanitary sewer lines to and through the subject tract. The planning and development department shall determine if the project applied for is feasible. (2) The planning and development department may approvea project's feasibility within the city if it is determined the project is feasible based upon, but not limited to, the following factors: a. Economic practicability considering cost of project to city. b. Anticipated revenue. c. Availability of funds if the city's participation is sought or desired. d. Engineering feasibility -construction plans must first be approved by city. e. Plant capacity. f. Trunk line capacity. g. Benefits to city. (3) If any developer/owner pays for and extends water and/or sanitary sewer lines, provided that such extensions are in accordance with the city's Public Improvement Criteria Manual and are accepted by the city for maintenance, thenthe developer/owner: a. May apply for a utility extension agreement with the city. b. May be eligible for a pro-rata reimbursement for a ten-year period if a utility extension agreement is executed with the city prior to installation/extension and if the owner/developer is seeking or seeks such future pro-rata reimbursement of the extended utilities from developments seeking connections to said line. (c) Developer's estimate. (1) At the time of plan submittal developer shall provide the city three written construction estimates and after the award of the bid for the project, the developer shall submit to the city the actual cost of construction/installation as provided by the owner/developer's contractor responsible for the construction and installation of the utilities. After the project is completed and accepted by the city and final payment has been made to the contractor by the developer, the developer may be eligible, under the provisions and procedure set forth insection 74-285(b) above for the cost of extending said infrastructure/utilities. (d) Project records. The planning department's office shall keep complete records on each project made after the date of this division and each tract of land affected by each utility extension project provided a utility extension agreement exists for the newly extended line. (e) Stipulations on reimbursement. (1) All reimbursements established under this division are an obligation of the city for a period of ten years from the date of acceptance of the improvements, and, if qualifications for refund under the terms of this division have not been met in this time, the city and landowners of all future taps onto said utility line shall be automatically released of all obligation and further bookkeeping on the account. (2) A developer/owner shall not be required to pay a pro-rata reimbursement as described in thisdivision if the developer/owner is proposing to extend an existing line and will not be gaining any direct utility service tap from the theretofore previously installed utility line. (3) Pro-rata reimbursement charge formula. A reimbursementfee shall bemade against each tract or parcel that uses or ties onto the subject project water line or sanitary sewer line based on the following formula: Total construction cost of project Reimbursement feewhen Linear front footage of that certain tract that taps =x service is requested onto previously extended line Total linear footage of the extension Section 2.That Appendix –A “Fees”, Chapter 74, “Utilities,” Article III “Water and Sewer Service Charges”, Division4 “Utility Development Fees”,of the Code of Ordinances of the City of La Porte is hereby amended and shall hereinafter read as follows: Division 4. Utility Development Fees (a) Water Development fee (equal to or under 2.5 acres): Rates per 100 square feet of the lot, tract or parcel of land to which water connections may be made, plus a water tapping fee listed below: (1) Residential ..... None (2) Commercial/Industrial ..... None Water Tap Fee ..... 388.00 (b) Sewer Development Fee (equal to or under 2.5 acres): Rates per 100 square feet of the lot, tract or parcel of land to which sanitary sewer connections may be made, plus a sewer tap and inspection fees listed below: (1) Residential ..... None (2) Commercial/Industrial ..... None Stack Fee for 4-inch sewer tap ..... 290.00 Stack Fee for a 6-inch sewer tap ..... 315.00 Inspection Fee ..... 25.00 The charge for larger sewer service connections shall be at the city's actual cost. (c) Water Development Fee (over 2.5 acres): Rates per linear front footage of the lot, tract or parcel of land to which water connections may be made, plus a water tapping fee listed below: Commercial/industrial ..... None Water tap fee ..... 388.00 (d) Sewer Development Fee (over 2.5 acres): Rates per linear front footage of the lot, tract or parcel of land to which sanitary sewer connections may be made, plus a sewer tap and inspection fees listed below: Commercial/industrial None Stack Fee for 4-inch sewer tap 290.00 Stack Fee for a 6-inch sewer tap 315.00 Inspection Fee 25.00 The charge for larger sewer service connections shall be at the city's actual cost. Section 3.If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions ofthis ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall becomeinoperative or fail by reason of any unconstitutionality, vividnessor invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 4.All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5.Any person who violates a provision of this ordinance, upon conviction in the municipal court of the City of La Porte shall be subject to fine not to exceed two thousand dollars ($2000.00). Each day of violation shall be considered a separate offense. Section 6.The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contacts and posting thereof. Section 7.This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the City of La Porte Charter. PASSED AND APPROVED, this the 26thday of MARCH, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney Council Agenda Item March 26, 2018 8 (a)Receive report of the La Porte Development Corporation Board Meeting Councilmember Ojeda ***********************************************************************************