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06-11-18 Regular Meeting of the La Porte City Council
Ώ -9 program, the K-9 teams have remained quite active. Narcotic-related arrests and other patrol assistance endeavors have led the division to become an invaluable resource for the agency. In order to keep their skills honed, LPPD K-9 teams train regularly and llo, Texas. The National Narcotic Detector Dog Association is a professional, nonprofit organization dedicated to the utilization and proficiency of narcotic scent detector dogs. Their purpose is to provide training specifically related to the laws of search and seizure, by utilizing scent detector dogs and methods of certification for court purposes. Training consists of two days dedicated to hands-on classroom instruction, while the final three days of the week are dedicated to skills testing and individual K-9 team competitions. The NNDDA 2018 Conference held competitions for patrol duties and narcotics timed event where the K-9 team was required to locate various types of narcotics within an expansive warehouse setting. Teams also carried the risk of being penalized for improper techniques or if dogs alerted on areas where no contraband was hidden. More than 90 K- competition. W-9 Teams proved themselves to be a force to be reckoned with for yet another year. nd placed 2 overall. La Porte Officer Mi th took 8 overall giving LPPD two top ten finishes. Huligan was awarded the Bark, Bandit, Trooper for single best score of all K-9s over five years old. Finally, the LPPD received the first place, Top Team Award for the highest scoring pair of K-9 Teams from a single agency. LOUIS RIGBY BILL BENTLEY 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 ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MAY 21, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, May 21, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, Zemanek, J. Martin, K. Martin, Bentley, Kaminski and Engelken. Absent: Councilmember Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks, and Assistant City Attorney Clark Askins. Philip Dunn with Lighthouse Baptist Church provided an invocation, and Mayor Rigby led the Pledge of Allegiance. 2. TAKING OF OATH OF OFFICE BY NEWLY ELECTED OFFICIALS LOUIS R. RIGBY, CHUCK ENGELKEN AND BILL BENTLEY. City Secretary Patrice Fogarty administered the oath of office to newly elected Mayor, Louis R. Rigby, Councilmember District 2, Chuck Engelken, and Councilmember District 3, Bill Bentley. 3. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmembers Ojeda, J. Martin, K. Martin and Kaminski congratulated newly elected Mayor Rigby, Councilmember Chuck Engelken and Councilmember Bill Bentley and also welcomed Bill on his new position. Councilmember Zemanek congratulated newly elected Mayor Rigby, Councilmember Chuck Engelken, and Councilmember Bill Bentley and wished everyone a happy and safe Memorial Day weekend. Councilmember Bentley thanked Councilmembers for the warm welcome and commented he looks forward to working with everyone. Councilmember Engelken congratulated newly elected Mayor Rigby, and Councilmember Bill Bentley, and thanked everyone for attending the meeting. Mayor Rigby congratulated newly elected Councilmember Chuck Engelken and Councilmember Bill Bentley, and commented the prayers worked for Councilmember Earp speedy recovery and commented everyone is looking forward to having him back, as well. Page 1 of 2 May 21, 2018 Council Meeting Minutes 4. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:33 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY8/0. Councilmember Earp was absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 11, 2018. ________________________________ Mayor Louis R. Rigby Page 2 of 2 May 21, 2018 Council Meeting Minutes LOUIS RIGBY BILL BENTLEY 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 ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MAY 14, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, May 14, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, J. Martin, K. Martin, Leonard, Kaminski, Engelken, and Earp. Absent: Councilmember Zemanek 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 Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Kristin Martin. 4. ORDINANCE CANVASSING GENERAL ELECTION AND SPECIAL ELECTION; PRESENTATION OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICERS; ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICERS (a) Consider adoption of an ordinance canvassing the 2018 General Election and Special Election held on May 5, 2018, and other election- related actions P. Fogarty City Secretary Patrice Fogarty provided the official report totals to Mayor Rigby, and Mayor Rigby requested she read the results. MAYOR Precinct 1 Louis Rigby 159 Chuck Rosa 4 Wyatt Smith 115 For a total of 278 votes cast. Precinct 2 Louis Rigby 51 Chuck Rosa 3 Wyatt Smith 28 For a total of 82 votes cast. Precinct 3 Louis Rigby 90 Chuck Rosa 8 Wyatt Smith 50 For a total of 148 votes cast. Page 1 of 8 May 14, 2018 Council Meeting Minutes Precinct 4Louis Rigby177 Chuck Rosa 3 Wyatt Smith 63 For a total of 243 votes cast. Precinct 5 Louis Rigby 297 Chuck Rosa 9 Wyatt Smith 80 For a total of 386 votes cast. Precinct 6 Louis Rigby 182 Chuck Rosa 7 Wyatt Smith 71 For a total of 260 votes cast. Broken down by candidate: Louis Rigby 956 Chuck Rosa 34 Wyatt Smith 407 1,397 Councilperson-District 2 Total number of votes received in each precinct: Precinct 2 only: Chuck Engelken 75 For a total of 75 votes cast and sum of precinct total in Councilperson-District 2 race. Councilperson-District 3 Total number of votes received in each precinct: Precinct 3 only: Bill Bentley 116 For a total of 116 votes cast and sum of precinct total in Councilperson-District 3 race. Proposition A - F THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO PROVIDE Total number of votes received in each precinct: Precinct 1 For 224 Against 44 For a total of 268 votes cast. Precinct 2 For 77 Against 5 For a total of 82 votes cast. Page 2 of 8 May 14, 2018 Council Meeting Minutes Precinct 3For124 Against 20 For a total of 144 votes cast. Precinct 4 For 188 Against 46 For a total of 234 votes cast. Precinct 5 For 318 Against 58 For a total of 376 votes cast. Precinct 6 For 227 Against 21 For a total of 248 votes cast. Sum of precinct totals for Proposition A in all six Precincts: 1,352. Proposition A passed. Proposition B - SHALL SECTION 2.02 OF THE LA PORTE CHARTER BE AMENDED TO PROVIDE THAT A CANDIDATE FOR MAYOR OR A COUNCIL POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF THE CITY FOR TWELVE (12) MONTHS IMMEDIATELY PRECEDING ELECTION DAY, INSTEAD OF FOR TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE; AND, THAT A CANDIDATE FOR A DISTRICT COUNCIL POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF HIS OR HER DISTRICT FOR TWELVE (12) MONTHS IMMEDIATELY PRECEDING ELECTION DAY, INSTEAD OF FOR TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE, TO CONFORM THE CHARTER TO STATE LAW? Total number of votes received in each precinct: Precinct 1 For 214 Against 53 For a total of 267 votes cast. Precinct 2 For 60 Against 20 For a total of 80 votes cast. Precinct 3 For 119 Against 26 For a total of 145 votes cast. Precinct 4 For 172 Against 61 For a total of 233 votes cast. Precinct 5 For 299 Against 75 For a total of 374 votes cast. Precinct 6 For 223 Against 29 For a total of 252 votes cast. Page 3 of 8 May 14, 2018 Council Meeting Minutes Sum of precinct totals for Proposition B in all six Precincts: 1,351. Proposition B passed. Oaths of office will be taken on the first Monday next following the canvassing, or as soon thereafter as is practicable, pursuant to Section 2.06 of the City of La Porte Home Rule Charter. Councilmember Kristin Martin made a motion to adopt an Ordinance canvassing the 2018 General Election and Special Election held on May 5, 2018, and other election-related actions. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Zemanek was absent. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3706: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS DECLARING THE RESULTS OF THE MAY 5, 2018, CITY OF LA PORTE GENERAL ELECTION FOR THE ELECTION OF A MAYOR, COUNCILPERSON DISTRICT 2 AND COUNCILPERSON DISTRICT 3; DECLARING THE RESULTS OF THE MAY 5, 2018 CITY OF LA PORTE SPEICAL ELECTION FOR PROPOSITION A; REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; AND FOR PROPOSITION B; SHALL SECTION 2.02 OF THE LA PORTE CHARTER BE AMENDED TO PROVIDE THAT A CANDIDATE FOR MAYOR OR A COUNCIL POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF THE CITY FOR TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE; AND, THAT A CANDIDATE FOR A DISTRICT COUNCIL POSITION SHALL HAVE BEEN A QUALIFIED VOTER OF HIS OR HER DISTRICT FOR TWELVE (12) MONTHS IMMEDIATLEY PRECEDING ELECTION DAY, INSTEAD OF FOR TWELVE (12) MONTHS AT THE TIME THE CANDIDATE FILES FOR OFFICE, TO CONFORM THE CHARTER TO STATE LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLINACE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 5. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation National Police Week Mayor Rigby Mayor Rigby presented a proclamation for National Police Week. At this time he also recognized Officer Anthony Bish as Employee of the First Quarter 2018. (b) Proclamation Emergency Medical Services Week Mayor Rigby Mayor Rigby presented a proclamation for Emergency Medical Services Week. At this time he also recognized Paramedic Ehren Torres as Employee of the First Quarter 2018. (c) Recognition Employees of the First Quarter 2018 Officer Anthony Bish City of La Porte Police Department and Paramedic Ehren Torres City of La Porte Emergency Medical Services Mayor Rigby See (a) and (b), above. (d) Recognition Recognition of Outgoing Fire Chief Mike Boaze Mayor Rigby recognized outgoing Fire Chief Mike Boaze and presented him with a gift from the City for his services over the last 18 years as Fire Chief. Page 4 of 8 May 14, 2018 Council Meeting Minutes 6. PUBLIC COMMENTS (Limited to five minutes per person.) Tiffiny Vaughn 9915 Rocky Hollow Rd, addressed Council in support of demolishing the home located at 9906 Rocky Hollow Rd. Wyatt Smith declined to speak and informed he will speak at a later date. 7. 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 the Special Called City Council Meeting held on April 14, 2018 and minutes of the Regular City Council Meeting held on April 23, 2018 P. Fogarty (b) Consider approval or other action regarding an Ordinance amending the City of La Porte Fiscal Year 2017-18 Budget S. Wolny (c) Consider approval or other action authorizing the City Manager to sign an agreement for participation in the Regional DWI Task Force K. Adcox (d) Consider approval or other action regarding the execution of a Pipeline Permit to FLST LLC, City of La Porte R. Mancilla (e) Consider approval or other action regarding Bid # 18012 for 2018 Asphalt Overlay D. Pennell (f) Consider approval or other action regarding an Interlocal Agreement between the City of La Porte and La Porte Independent School District for a Sergeant position to be stationed at school campus K. Adcox (g) Consider approval or other action regarding the purchase of chemicals and fertilizers from Helena Chemical utilizing Buy Board Contract 529-17 A. Osmond (h) Consider approval or other action regarding an Ordinance vacating, abandoning and closing th a portion of the North 15 Street right-of-way and an adjacent alley, located in Block 651, Town of La Porte, and authorize the City Manager to execute a deed to the applicant for the subject right-of-way; consider approval or other action to accept 0.3154 acre tract of land from applicant as partial credit against value of closed rights-of-way I. Clowes Councilmember J. Martin had questions on Item D. Planning and Development Director Richard Mancilla answered the questions. Councilmember Engelken made a motion to approve Consent Agenda items pursuant to staff recommendations. Councilmember K. Martin seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Zemanek was absent. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3707: AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLINACE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Page 5 of 8 May 14, 2018 Council Meeting Minutes Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3708: AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH TH 15 STREET RIGHT-OF-WAY LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018- 3709: AN ORDINANCE VACATING, ABANDONING AND CLOSING THE 16 FOOT ALLEY LOCATED IN BLOCK 651 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action regarding the participation as a sponsor for the 2018 United States Laser National Championship held at the Houston Yacht Club J. Weeks Assistant City Manager Jason Weeks presented a summary. Houston Yacht Club Regatta Committee Member Madonna Breen provided a presentation. Councilmember Engelken made a motion to approve a $10,000.00 sponsorship for the 2018 United Sates Laser National Championship held at the Houston Yacht Club. Councilmember J. Martin seconded. MOTION PASSED UNANIMOUSLY 8/0. Councilmember Zemanek was absent. (b) Discussion and possible action authorizing the City Manager to execute an agreement and side-letter agreement with iChoosr, LLC regarding the City sponsoring an opt-in electricity power aggregation auction for the benefit of City of La Porte residents J. Weeks Assistant City Manager Jason Weeks presented a summary. Daniel Wilkinson with iChoosr provided a presentation. Councilmember Engelken made a motion to deny the request to execute an agreement and side-letter agreement with iChoosr. Councilmember Engelken seconded. MOTION PASSED 5/3. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Earp, and K. Martin Nays: Councilmembers Ojeda, J. Martin and Leonard Absent: Councilmember Zemanek (c) Discussion and possible action determining the structure of the Drainage and Flooding Committee and confirming or appointing members P. Fogarty Councilmember K. Martin left the meeting at 7:18 p.m. City Secretary Patrice Fogarty presented a summary. Page 6 of 8 May 14, 2018 Council Meeting Minutes Councilmember Engelkenmade a motionto keep the three current Committee Members, Jay Martin, Danny Earp, and Chuck Engelken and to name an Alternate at a later date. Councilmember Earpseconded. MOTION PASSED UNANIMOUSLY 7/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Kaminski, Earp and J. Martin Nays: None Absent: Councilmembers K. Martin and Zemanek (d) Discussion and possible action regarding repairs at Fairmont Park West Pool R. Epting Parks and Recreation Director Rosalyn Epting presented a summary and reported $47,120.00 as the total cost for repairs at Fairmont Park West. After a lengthy discussion, City Manager Alexander asked if Council wanted Staff to go to the Homeowners Association and let them know the City is willing to convey the property to the Homeowners Association. There was no consensus from Council to his question. Councilmember Earp made a motion to deny doing repairs on the pool as presented. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 7/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Kaminski, Earp and J. Martin Nays: None Absent: K. Martin and Zemanek 9. REPORTS (a) Receive report for the Fiscal Affairs Committee Meeting Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee Meeting held prior to the City Council Meeting. 10. ADMINISTRATIVE REPORTS There were no administrative reports. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Ojeda commented how appreciative she is to La Porte Police Department for solving a major crime in the community; thanked the Human Resources Department for their hard work at the Public Service Recognition Week event; congratulated new Fire Chief Carl Holley; congratulated Mayor Rigby on his re-election and thanked the other two Mayoral candidates for their willingness to serve. Councilmember J. Martin congratulated Mike Boaze on his retirement; congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; congratulated all that were elected in the City of La Porte May election; and requested the City Secretary add the precinct report to the minutes of this meeting. Councilmember Kaminski congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; congratulated the Police and Emergency Medical Services Departments on their proclamations; congratulated new Fire Chief Carl Holley; and congratulated Mike Boaze on his retirement; Page 7 of 8 May 14, 2018 Council Meeting Minutes Councilmember Leonard congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; and the Police and Emergency Medical Services Departments on their proclamations; Councilmember Engelken congratulated Mike Boaze on his retirement; congratulated new Fire Chief Carl Holley; congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; and the Police and Emergency Medical Services Departments on their proclamations; and congratulated Mayor Rigby and Bill Bentley on their election; Councilmember Earp congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; and the Police and Emergency Medical Services Departments on their proclamations; congratulated Mayor Rigby, Councilmember Engelken, and Bill Bentley on their election; congratulated Mike Boaze on his retirement; Mayor Rigby congratulated Anthony Bish and Ehren Torres as Employees of the First Quarter 2018; thanked Mike Boaze for his 18 years of service as Chief; commented he is looking forward to working with new Fire Chief Carl Holley; thanked the Fire, Police and Emergency Medical Services Departments for what they do year round; thanked Councilmembers Engelken, Ojeda, K. Martin and J. Martin for their support during the election; thanked Councilmember Earp for his congratulatory phone call on Saturday night; he thanked the citizens of La Porte for their support during the election; and he commented he is looking forward to serving as Mayor for the next three years. 12. 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 551.074 Personnel Matter: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Denice Mitrano, Municipal Court Judge. City Council recessed the regular Council meeting to convene an executive session at 7:41 p.m. regarding the item listed above. 13. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened the regular Council meeting at 8:32 p.m. Regarding the evaluation of Denise Mitrano, Municipal Court Judge, Councilmember Ojeda made a motion to give a 5% lump sum payment in the amount of $6,960.00. Councilmember Leonard seconded. MOTION PASSED UNAIMOUSLY 7/0. Councilmembers K. Martin and Zemanek were absent. 14. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:33 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 7/0. Councilmembers K. Martin and Zemanek were absent. _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 11, 2018. ________________________________ Mayor Louis R. Rigby Page 8 of 8 May 14, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 6-11-18 Source of Funds: Requested By: Kenith Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Article III, Section 54-61 of the Code of Ordinances and the Texas Government Code, Section 341.012, both must be approved by City Council before they may carry a weapon or otherwise act as a peace officer. The Department is requesting that City Council approve the appointment of Casey Copley to the Police Reserve Force. Mr. Copley holds a current Peace Officers License with the State of Texas and has met all the same criteria (qualifications, training, screening, etc.) required for a full-time police officer position with the La Porte Police Department. Mr. Copley has been associated with the La Porte Police Department, working as a Jailer, for a number of years. Action Required by Council: Approve the appointment of Casey Copley to the La Porte Police Reserve Force. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 11, 2018 Source of Funds: N/A Requested By: Don Pennell Account Number: N/A Department: Public Works Amount Budgeted: N/A Report: ___ Resolution: _____ Ordinance: ______ Amount Requested: N/A Exhibits: Budgeted Item: YES NO Approved IDA Ordinance No. 2007-IDA-44 Area Map Water-Sewer Service Application Water Service Agreement Sanitary Sewer Service Agreement Ordinance No. 2005-2808 (WSA Renewal) Initial WSA & SSSA SUMMARY & RECOMMENDATION DanaTank Container, Inc. has approached the City for renewal of their water service agreement for its facility at 902 Sens Road, in the Battleground Industrial District. Dana Tank Container, Inc. has a current Industrial District Agreement (IDA) with the City through December 31, 2019. However, their utility service agreements expired on December 31, 2007. The City and Dana Tank Container, Inc. originally entered into a five (5) year Water and Sanitary Sewer Service Agreement, which included a Utility Extension Agreement, on October 26, 1998. The City provided potable water and sanitary sewer service, for usual human domestic consumption and uses, and sanitary sewer service for tank washing and cleaning of tank trucks, as part of this original agreement. Domestic water and sanitary sewer service was approved at 1,000 gallons per day and industrial sewer (tank washing and cleaning) was approved at 28,750 gallons per day. and required renewal. A new agreement was approved in 2005, extending the terms through December 31, 2007, in effort to create concurrent terms for Industrial District Agreements and Water/Sewer Service Agreements. time. The current Council approved policy allows utility service(s) to be provided to companies located outside the city on a case by case basis, and usage is restricted to domestic use only. utility service(s) includes a request for an additional 500,000 gallons per month for their industrial tank wash facility, as well as a request to discharge industrial waste water, from tank cleaning ary sewer collection system. Based on Dana Tank Container, Inc. stated demand for domestic uses, the average monthly volume for potable water is 141,825 gallons (4,650 gallons per day). Under the terms of the current policy, the company will pay one and one-half (1- The company will pay two (2) times the In cursory review of the request for an additional 500,000 gallons per month (or 11 gallons per minute), staff expects minimal impacts to the existing water distribution system. However, actual impacts will be factored into the 2018 Water Master Plan Update, and if necessary, the terms of this agreement could be revisited based on the results of the water model. Based on Dana Tank Container, Inc. stated demand for domestic uses, the average monthly volume for domestic wastewater is 120,551 gallons (3,952.5 gallons per day). Under the terms of the current policy, the company will pay one and one-half (1- sewer collection sy Wastewater Discharge Permit. If approved, the terms of Dana Tank Container, Inc. Water/Sewer Service Agreement(s) shall expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. Staff recommends approval of the Water Service Agreement and Sanitary Sewer Service Agreement, with the Action Required by Council: Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement, or a Sanitary Sewer Service Agreement with Dana Tank Container, Inc., or both for its facility at 902 Sens Road, in the Battleground Industrial District. Approved for City Council Agenda Corby D. Alexander Date Legend Street Names City Limits Railroad Drainage Channels Parcels Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use. City of La Porte 1 " = 1,528 ' 604 W. Fairmont Parkway La Porte, TX 77571 La Porte GIS Mapping (281) 471-5020 I www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 11, 2018 Source of Funds: 003 Requested By: Don Pennell Account Number 7085-533-5110 Department: Public Works Amount Budgeted: $250,000 Report: ___ Resolution: _____ Ordinance: _________ Amount Requested: N/A Exhibit: Access Report Budgeted Item: YES Exhibit: Bid Exhibit: Engineers Estimate Exhibit: Project Map SUMMARY & RECOMMENDATION Sealed Bid #18017 Bayshore Park Waterline Relocation was publicly opened and read on May 15, 2018 at 2:00 p.m. The bid was advertised in the Bay Area Observer on April 26, May 3, and May 10, 2018. Seventy-four (74) vendors were notified on Public Purchase with nineteen (19) downloading the documents. One vendor responded in the amount of $301,202. This project consists of relocating the existing water main from the rear yards to the front, within the public right- of-way. Maintenance efforts require(s) coordination with property owners since the infrastructure exists on private property, not within an alley or utility easement, hence access to the existing water line is limited and is contingent upon obtaining right-of-entry from property owners. The water meters would be relocated from the rear of the properties (on private property) to the front of properties, within the right-of-way. Private service lines would be rerouted to the new meter location. The proposed design provided route(s) for the new service lines to reduce conflicts with existing structures and landscaping. Two of the three line segments proposed for replacement are 6-inch lines, with the third line being a 2-inch line. Additionally, existing pipe materials consisted of asbestos-concrete and steel, materials which are no longer utilized in current construction practices. Each of the three line segments are proposed to be replaced with an 8- inch PVC line, which would improve water pressures within the system, suitable to provide fire flow capacities necessary for firefighting service(s) to approximately 50 residential properties. Design, bid, and construction phase engineering services were retained at $49,320. There is $200,680 funding remaining for construction. The Engineers estimate of construction cost is $204,585. The only bid at $301,202 Staff will reach out to other contractors to determine why they did not bid on this project and make necessary adjustments for rebid. Staff recommends rejection of Bid #18017 Bayshore Park Waterline Relocation. Action Required by Council: Reject Bid #18017 Bayshore Park Waterline Relocation. Approved for City Council Agenda Corby D. Alexander Date Sealed Bid #18017 - Bayshore Park Waterline Relocation NOTIFICATIONS: Vendor NameDate AAA Asphalt Paving Inc.2018-04-26 11:41:00 Advanced Starlight International2018-05-09 13:50:00 All Pro General Construction, Inc.2018-04-26 11:41:00 Anderson Pollution Control, Inc.2018-04-26 11:41:00 Angel Brothers Enterprises, Ltd.2018-04-26 11:41:00 AR TurnKee Construction Company, Inc.2018-04-26 11:41:00 Baukus Electric2018-04-26 11:41:00 Blastco Texas, Inc.2018-04-26 11:41:00 Boyer, Inc.2018-04-26 11:41:00 Calco Contracting, Ltd.2018-04-26 11:41:00 CDC News2018-04-26 11:41:00 Chief Solutions, Inc.2018-04-26 11:41:00 CMD2018-05-09 13:50:00 ConstructConnect2018-05-09 13:50:00 Construction Bid Source2018-05-09 13:50:00 Crescent Engineering Co Inc2018-04-26 11:41:00 Dale Dobbins2018-05-09 13:50:00 D Davila2018-04-26 11:41:00 Dodge Data & Analytics2018-05-09 13:50:00 F&L Coatings and Concrete, LLC2018-04-26 11:41:00 Florida Traffic Control Devices, Inc.2018-04-26 11:41:00 Forde Construction Company, Inc.2018-04-26 11:41:00 Greenlee Plumbing Services, Inc. 2018-04-26 11:41:00 GRZ Mechanical LLC2018-04-26 11:41:00 GW Phillips Construction, INC. 2018-04-26 11:41:00 Hammer & Steel2018-05-09 13:50:00 HDR Engineering, Inc.2018-04-26 11:41:00 Hearn Company2018-05-09 13:50:00 Horseshoe Construction, Inc2018-04-26 11:41:00 IPR South Central LLC2018-04-26 11:41:00 ISI Contracting, Inc.2018-04-26 11:41:00 JDR Management2018-05-09 13:50:00 J&G Concrete Products2018-04-26 11:41:00 K2 Services, LLC2018-04-26 11:41:00 KING SOLUTION SERVICES LLC2018-04-26 11:41:00 LAYNE INLINER, LLC2018-04-26 11:41:00 L&L Supplies2018-04-26 11:41:00 Maguire Iron, Inc.2018-04-26 11:41:00 MAR-CON SERVICES, LLC2018-05-09 13:50:00 NEC Construction, Ltd2018-04-26 11:41:00 North America Procurement Council2018-05-09 13:50:00 Onvia2018-05-09 13:50:00 Paskey Incorporated2018-04-26 11:41:00 Perkens WS Corporation2018-05-09 13:50:00 Pfeiffer & Son, Ltd.2018-04-26 11:41:00 PLW Waterworks, LLC2018-04-26 11:41:00 Polston Applied Technologies CA-TX2018-04-26 11:41:00 RAC Industries, LLC2018-04-26 11:41:00 R.H. Shackelford, Inc.2018-04-26 11:41:00 R J Construction Company, Inc2018-04-26 11:41:00 R. L. Utilities2018-04-26 11:41:00 Royal Media Network Inc.2018-04-26 11:41:00 Sabre Communications Corporation2018-04-26 11:41:00 SAK Construction, LLC2018-04-26 11:41:00 SJ&J CONSTRUCTION, LLC2018-04-26 11:41:00 Southern Road & Bridge2018-04-26 11:41:00 TCH Directional Drilling2018-04-26 11:41:00 texas pride utilities, llc2018-04-26 11:41:00 TLC Trucking & Contracting, Inc.2018-04-26 11:41:00 TMI Coatings, Inc.2018-04-26 11:41:00 Trigon Associates, llc2018-04-26 11:41:00 Utility Service Co Inc2018-04-26 11:41:00 Webber, LLC2018-04-26 11:41:00 Webtech2018-05-09 13:50:00 Windrose Land Services2018-04-26 11:41:00 W.W. Payton Corportion2018-04-26 11:41:00 ACCESS: Vendor NameAccessed First TimeDocuments AAA Flexible Pipe Cleaning Co. Inc2018-05-09 08:56 AM CDT Advanced Starlight International2018-04-30 09:25 AM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf AR TurnKee Construction Company, Inc.2018-05-14 11:09 AM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf BidClerk2018-05-02 12:14 AM CDT Boyer, Inc.2018-04-26 12:52 PM CDT CMD2018-04-30 03:33 PM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf CMS2018-04-26 11:40 PM CDT ConstructConnect2018-04-30 05:54 PM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Construction Bid Source2018-05-01 08:19 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf Dale Dobbins2018-04-29 07:12 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf Dodge Data & Analytics2018-05-08 10:10 AM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf F&L Coatings and Concrete, LLC2018-05-10 11:35 AM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf GW Phillips Construction, INC. 2018-04-26 02:47 PM CDT Hammer & Steel2018-04-27 08:48 AM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf Hearn Company2018-04-26 01:09 PM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Horseshoe Construction, Inc2018-04-26 04:25 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf IMS2018-04-27 09:56 AM CDT JDR Management2018-04-26 01:07 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf KING SOLUTION SERVICES LLC2018-05-01 08:43 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf MAR-CON SERVICES, LLC2018-04-26 05:21 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf North America Procurement Council2018-04-27 08:49 AM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Onvia2018-04-26 01:01 PM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Perkens WS Corporation2018-04-30 12:02 AM CDTBid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf RAC Industries, LLC2018-04-27 08:16 AM CDT SO2018-04-27 03:44 AM CDT Taylor & Taylor Construction2018-04-30 03:49 PM CDT TCH Directional Drilling2018-04-26 12:41 PM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf Tukmol General Contractor2018-04-27 01:04 AM CDT Wayne Enterprises2018-04-27 10:07 AM CDT Webtech2018-04-27 05:10 AM CDTBid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf Bid 18017 Addendum No 1.pdf Bid 18017 Bayshore Park Waterline Relocation Final.pdf REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 11, 2018 Source of Funds: N/A Requested By: Don Pennell Account Number: N/A Department: Public Works Amount Budgeted: N/A Report: ___ Resolution: _____ Ordinance: _______ Amount Requested: N/A Exhibits: Budgeted Item: YES NO Approved IDA Ordinance No. 2007-IDA-47 Area Map Water-Sewer Service Application Water Service Agreement Sewer Service Agreement 25% Payment Receipt SUMMARY & RECOMMENDATION Clark Dietrich Building Systems has approached the City for water and sanitary sewer service to its facility at 9700 New Decade Drive in the Bayport Industrial District (see Area Map). The company is constructing a 94,950 square foot industrial building and estimates employing up to 45 full-time positions at this site. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and districts (ETJ). These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City. There is an existing IDA with the City for the subject site (2007-IDA-47). Additionally, the applicant is subject to an administrative fee of $5,000 per agreement, for a total combined fee of $10,000. As required, a non-refundable payment of twenty-five percent (25%) of the total administrative fees has been received, with the remaining balance ($7,500) to be paid upon approval of the water/sewer service agreements. Based on the stated demand for domestic uses, the average daily monthly volume for potable water is 68,625 gallons. Under the terms of the policy, the company will pay one and one-half (1-1/2) times the CiThe 68,625 gallons. Based on the stated demand for domestic uses, the average monthly volume for potable water is 58,332 gallons. Under the terms of the policy, the company will pay one and one-half (1-The monthly usage beyond 58,332 gallons. The terms of Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. Action Required by Council: Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement, or a Sanitary Sewer Service Agreement, or both with Clark Dietrich Building Systems for its facility at 9700 New Decade Dr. in the Bayport Industrial District. Approved for City Council Agenda Corby D. Alexander Date Legend Street Names City Limits Railroad Drainage Channels Parcels Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use. City of La Porte 1 " = 1,528 ' 604 W. Fairmont Parkway La Porte, TX 77571 La Porte GIS Mapping (281) 471-5020 I www.laportetx.gov - City Use Only - CITY OF LA PORTE PLANNING DEPARTMENT Rec’d by: _________________ Date: ___________________ 604 West Fairmont Parkway, La Porte, TX 77571 Phone: 281.471.5020, Fax: 281.470.5005 Date of Initial Review Meeting:________________________ www.laportetx.gov Date of Internal Review Meeting: ______________________ Request Meets Policy Guidelines?: Y or N APPLICATION for WATER / SEWER SERVICE to COMPANIES Date of Notification to Company: ______________________ WITH AN INDUSTRIAL DISTRICT AGREEMENT (IDA) Note: Submittal of partial or incomplete information may delay processing of your application 1.) COMPANY NAME (per Applicant’s IDA w/ City): 2.) *SITE TENANT (if other than “Company”): Dmbsl!Ejfusjdi!Cvjmejoh!Tztufnt Opsui!Cbzqpsu!Joevtusjbm!Qbsl!JJ-!Mue/ Name:_______________________________________________ Company Name:___________________________________________ 421.437.5858624.981.2211 Phone #:________________________________________ _____ Phone #__________________________________________________ 624.981.2411 421.437.6224 Fax #:_______________________________________________ Fax #:____________________________________________________ :161!Dfousf!Qpjouf!Esjwf-!Tvjuf!511- esdAuvggmj/dpn E-Mail: _________________________________________ _____ Address:__________________________________________________ Xftu!Diftufs-!PI!5617: 3356!Xftu!2:1ui!Tusffu- Company Address:_____________________________________ _________________________________________________________ Upssbodf-!DB!:1615 Csboepo!Cjtups _____________________________________________________ Contact Name: _____________________________________________ 3.) PROPERTY DATA (If available, include any survey, plat, site plan, map or sketch of the subject site with this form): 58 *Company’s Industrial District Agreement No.: 2007 – IDA - ______________ :811!Ofx!Efdbef!Esjwf-!Qbtbefob-!UY!88618 *Site Address:_____________________________________________________________________________________________________ 2!!!3!!!1!!!!8!!!3!!!9!!!!1!!!1!!!1!!!!1!!!1!!!3!!!8 Site HCAD ID(s): ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ 26/5154 Total Site Acreage (Per Exhibit “A” of Company’s IDA): _____________ Acres 4.) SITE FACILITY INFORMATION (If available, include any site plan or sketch of the subject facility with this form): New Construction Qspqptfe!:5-:61!tr!gu!joevtusjbm!cvjmejoh!xjui!bttpdjbufe!qbwjoh- Describe Project: __________________________________________________________________________________________________ esbjobhf!boe!vujmjujft ________________________________________________________________________________________________________________ New Tenant Requesting Additional Water and/or Sanitary Sewer Allocation (Specify reason(s) for additional allocation request: _______________________________________________________________________ ________________________________________________________________________________________________________________ 56 *Full-time Regular + Full-time Contract Employees who will occupy this facility: ___________________ Total Full-Time Employees **Current Amount of Water Allocated to Company by existing Water Service Agreement: __________________________ gallons per month **Current Amount of Sewer Allocated to Company by existing Sewer Service Agreement: __________________________ gallons per month 5.) WATER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S): Domestic Uses (i.e. Drinking, Flushing, Etc.) Gjsf!tvqqsfttjpo!tztufn-!op!joevtusjbm!xbufs!vtf Other (describe): __________________________________________________________________________________ ________________________________________________________________________________________________ 6.)SANITARYSEWER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S): Domestic Uses (i.e. Wastewater from domestic uses) Other (describe): ___________________________________________________________________________________ _________________________________________________________________________________________________ * An Administrative Fee of $100 per employee is assessed for each agreement (Min Fee = $5,000; Max Fee = $15,000) **If Applicable 6-111 6-111 Request for Proposal SEALED RFP #18501-Debris Removal required for use byCity of La Port Office of Emergency Management The City of La Porte issued by City of La Porte Procurement DivisionOffice 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 Officelocated at 604 W. Fairmont Pkwy, La Porte, TX 77571; or, by emailing purchasing@laportetx.gov. ProposalOpening Date:Thursday, April 12, 2018 ProposalOpening Time:2:00 p.m., Central Standard Time Proposal ReceivingLocation:City Hall Information Desk, 604 W. Fairmont Parkway, La Porte, Texas 77571 Sealed Proposalsmust be received at the City Hall Information Desk, 604 W. Fairmont Parkway, La Porte, Texas 77571 no later than date and time stated above. The proposalswill be opened and the names of the respondents publicly read in Council Chambersimmediately after the closing hour for the proposals on said date. No late proposalswill be considered The City of La Porte hereby notifies all respondents that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and/or all proposals, to waive any and all technicalities and to accept any proposal or part thereof, which in the opinion of the City Council, is most advantageous to the City. In case of ambiguity or lack of clearness in stating the prices in the proposal, the City reserves the right to consider the most advantageous proposal thereof or to reject the submittal. Published:March 22, 2018 March 29, 2018 1 | Page General Information to Respondents From Advertisement to ProposalSubmission Article 1. Requirements for Proposalsand Instructions to Respondents 1.1 The Proposal Documents The Proposal Documents include this Request for Proposal, Proposal Pages, Requirements for Proposals and Instructions for Respondents, 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 Proposal Documents, the Proposal Documents become the Contract Documents. 1.2 Preparing the Proposal Proposals are to be prepared and submitted in accordance with the provisions herein. Failure to do so may result in rejection of the proposal. Proposals must be prepared and submitted only on the forms provided within the solicitation package. Where a signature is required, an authorized representative of the respondent must do so. Evidence as to such authority may be required. 1.3 Obtaining the Proposal Documents Proposal Documents are typically provided to a respondent at no cost. If a fee is to be charged it will be so stated in the Request for Proposal. 1.3.1 Downloadable Proposal 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 Respondents that download from the City's third party resource, Public Purchase, or that receive Proposal 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 respondent’s failure to consider additional information contained therein in preparing its proposal. Further, failure to obtain the proper forms, clarifications and/or addenda from Public Purchase website and acknowledge them in the Proposal Documents when submitting the proposal will render the proposal non-responsive. Any harm to the respondent resulting from such failure to obtain all necessary documents will not be valid grounds for a protest against award(s) made under this proposal solicitation. 1.3.2 Printable Documents If a prospective respondent is unable to download the Proposal 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. Respondents are solely responsible for obtaining all Proposal Documents, including Clarifications and Addenda 2 | Page 1.4 Clarifications and Addenda Owner shall not provide interpretation of the meaning of the plans, specifications or other pre-proposal documents to any respondent orally. Such communications must be in writing. 1.4.1 Clarifications A request for such interpretation should 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. Respondents 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 3 working days prior to the scheduled time for receipt of proposals. Addenda posted less than the 3 working days prior to the scheduled time for receipt of proposals will include an extension to the original date of scheduled for receipt of proposals. Failure of any respondent to receive any such addendum or interpretation shall not relieve respondent from any obligation of submitted proposal. 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 member is contacted by a potential respondent, program staff 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 Pre-proposal conference and site visit A pre-proposal conference is not required. 1.6 Examination of the Proposal Documents and Work Site Respondents are shall carefully examine all of the Proposal Documents before completing the forms and submitting a Proposal. Respondents 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 Respondent that is awarded a contract will be solely responsible for all costs arising from and associated with that Respondent’s (i) failure tocomply with the requirements of theProposal Documents, including, without limitation, this requirement to inspect the Proposal 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 Proposal Documents. 1.7 Exceptions or Variances For the purposes of proposal evaluation, Respondents 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 proposal, the City does not necessarily accept any variance or exception contained in a proposal. All variances or exceptions submitted are subject to review and approval by the City. If any proposal contains material variances that, in the City's sole opinion, make the proposal conditional in nature, the City reserves the right to reject the proposal or part of that proposal that is 3 | Page declared by the City as conditional. 1.8 Proposal 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. 1.8.1 Taxes Materials purchased by the City of La Porte are not subject to the State of Texas Sales Tax. The City’s State of Texas Blanket Certificate is available upon request. 1.9 Completion of the Proposal Documents Each Respondent must complete all of the forms listed as required forms. The forms, including the Proposal Pages, must be completed in ink, or typewritten. Respondents may not change any of the Proposal Documents. Any changes made by a Respondent to the Proposal Documents may result in rejection of the Proposal, and will not be binding upon the City. Respondents must use the Proposal 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 Proposal Execution Page on behalf of the Respondent, by their signature, represents and warrants to the City that such individual is authorized to execute proposals and contracts on behalf of the Respondent, and that the Respondent agrees and shall be bound to all of the terms and conditions of the Proposal Documents and, upon execution by the City, the Contract Documents. Signatures must be sworn before a Notary Public. If in a response, the respondent either electronically scans, re-types or in some way reproduces the City's published proposal package, then in the event of a conflict between the terms and provisions of the City's published proposal specifications, or any portion thereof, and the terms and provisions of the proposal response submitted by the respondent, the City's proposal specifications as published shall control. Furthermore, if an alteration of any kind to the City's published proposal specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation. 1.10 Other Required Forms or Documents 1.10.1 Proposal Deposit Proposal deposits, if required, may be in the form of a bond, certified check, cashier's check or money order payable to the City of La Porte. Proposal bonds must be in the form provided by the City, and must be executed by a surety licensed and authorized to do business in the State of Texas. Cash is not an acceptable form of Proposal Deposit. Substantial failure to comply with proposal deposit requirements will result in rejection of the proposal. A non-substantial failure to comply with the proposal deposit requirement is a failure that does not provide a commercial advantage to a Respondent over other respondents. The City may return proposal deposits sooner, but reserves the right to hold all proposal deposits until a contract has been awarded, or in the case of multiple awards, all contracts have been awarded for the Proposal. 1.11 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 Respondent 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. 4 | Page A respondent choosing to respond to this solicitation with an alternate product(s) from those specified in the solicitation, must identify such alternate items with its Proposal with a detailed explanation and documentation in support of how the alternate items proposed by the Respondent can perform as well as or better than those specified. Unless an alternate item is so identified, it is understood that the Respondent 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 Respondent 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 Respondent is solely responsible to provide all pertinent product data with the solicitation package 1.12 Authorized Dealer/Distributor Proposals involving 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 Proposal documents will typically ask the Respondent to certify that it is an authorized dealer/distributor when this requirement is applicable. The Respondents compliance with these requirements will be determined by the Purchasing Division, whose decision will be binding. 1.13 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. 1.14 Estimated Quantities Unless explicitly stated to the contrary in the Scope of Work, Detailed Specifications, or Proposal pages, any quantities 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 quantities as are actually received and accepted as satisfactory and upon receipt of an itemized, correct invoice. 1.15 Proposal Modifications A respondent may modify their proposal by written communication at any time prior to the scheduled receipt of proposals, provided such communication is received by the Owner prior to scheduled time for receipt of proposals. Said communication should not reveal the proposal price; but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened. 5 | Page 1.16 Withdrawal of Proposals Respondents may withdraw their Proposal at any time prior to the date and time for Proposal opening. Requests for withdrawal must be made in writing. Respondents must make their own arrangements for the return of their Proposals. 1.17 Cooperative or Inter-local 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 the City's specifications and requirements are included. This information may include attachments to convey the contract specifics. The City may also, from time to time, enter into Inter-local 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 inform other entities that they may acquire items listed in this solicitation. Such acquisition(s) shall be at the prices stated herein, and shall be subject to respondent'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. Entity purchase orders shall be submitted 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 of Entities, or whether Entity will purchase utilizing the City's contract. 1.18 Submission of Proposals Proposals 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 cover of the Proposal Documents, or any addendum issued by the City to change such date and/or time. The time of the receipt of the proposal will be determined solely by the time stamp used at receipt of the proposal. No proposal will be accepted after the date and time specified. 1.18.1 Proposals must be sealed and properly labeled All proposals are to be submitted in sealed envelopes. All envelopes containing Proposals must be marked "Proposal/Proposal Enclosed" and must have the Respondents name and address, the Proposal number, and the specified numbers or copies in addition to the original completed Proposal Document. 1.18.2 Respondents are responsible for Proposal delivery Each Respondent is solely and completely responsible for delivery of its Proposal to the designated delivery location before the date and time established for the Proposal opening. Any Proposal that is not delivered on time, including Proposals mistakenly delivered to other City offices, will not be accepted. The City is under no obligation to ensure that misdirected Proposals are delivered to the designated delivery location prior to Proposal opening. This article also applies to Proposals sent via U.S. Postal Service or messenger service. 6 | Page From ProposalReceipt and Evaluation to Award 1.19 Opening Proposals will be opened and read aloud publicly in Council Chambers immediately following the deadline for the submission of Proposals has passed. The public announcement of the Proposals is simply an acknowledgement of satisfactory participation and receipt of the proposal for further evaluation. All Proposals and Proposal Documents are kept confidential during the evaluation process and are not open to public inspection until after contract award. Proposals are subject to review by City Staff to determine responsiveness and responsibility. An evaluation summary will be posted upon completion of the evaluation process. 1.20 Effective Term of Proposal Unless a proposal is expressly rejected by the City, all proposals will remain in effect for sixty (60) days subsequent to proposal opening. Respondent may not withdraw or cancel or modify its Proposal for a period of sixty (60) days after the advertised closing time for the receipt of Proposals. The City reserves the right to withhold and deposit the proposal deposit of any respondent requesting withdrawal, cancellation or modification of its Proposal prior to the sixty (60) day period. The City may request that Respondents extend the effective period of their Proposals. Such requests will be made in writing, and will require the Respondent's written consent to the extension. 1.21 Evaluation and Consideration of Proposals 1.21.1 Determination of Responsiveness The City of La Porte Purchasing Division will review Proposals to determine whether they conform to the requirements of the Proposal Documents. 1.21.2 Determination of Responsibility The City of La Porte Purchasing Division has the sole discretion and authority to make the determination of responsibility. A Respondent 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 proposal. 1.21.3 Must propose all line items A Respondent must propose all line items set forth in the Proposal Pages, except to the extent that the Specification expressly allows otherwise. Proposals 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, Respondents must propos all items within a Section or Group, except to the extent that the Specification expressly allows otherwise. Respondents are not required to proposal all Sections or Groups. Proposals submitted to the contrary will be considered incomplete and as a result, will be rejected as being non responsive to this requirement. 1.21.4 Mathematical Calculations The City of La Porte Purchasing Division reserves the right to make corrections after receiving the proposals to any clerical error apparent on the face of the proposal. This includes but is not limited to obviously incorrect units or misplaced decimal points, or arithmetic errors. In the event that comparison of the Respondent's "Unit Price" and "Total Price" submitted for any line reveals a calculation error, the Unit Price shall prevail. 1.21.5 Unbalanced Proposals The Purchasing Manager or their designated representative reserves the right to reject any Proposal that, in his or her sole discretion and authority, determines is materially unbalanced. 1.21.6 Conditional Proposals Conditional proposals will not be accepted. 7 | Page 1.21.7 Respondent Debts or Defaults The City reserves the right to refuse to award a Contract to any respondent that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. 1.21.8 Competency of Respondent Respondent, 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. Respondent should identify performance history, staffing requirements; projects of similar or like size, equipment needed or owned and subcontractors that have been used in past and similar events included with Exhibit F. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such respondent fails to satisfy the Owner that such respondent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 1.21.9 Rejection of proposals and waiver of informalities The City Council, in their sole discretion and authority, may determine that it is in the best interest of the City to reject any or all Proposals or to waive any informality in the Proposals submitted in response to any invitation for Proposals. 1.21.10 Tie Proposals In the event of a tie in proposal evaluation outcomes, preference will be given to the respondent who offers the best value to the city in accordance with State Law. 1.22 Method of award for Request for Proposal Contract will be awarded to the responsible respondent who offers to provide the goods or services as specified and in accordance with the criteria as stated herein. A responsible respondent may be negotiated with and one or more respondents may be allowed to present a best and final offer. The City of La Porte Council reserves the right waive any informalities or technical errors, to make awards to more than one respondent, 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 proposals. For the purpose of evaluation, any item left "blank" will be deemed "no proposal". The City reserves the right to accept any item or group of items on this proposal, unless the respondent qualifies his/her proposal by specific limitations. 8 | Page 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 - Affidavit of Non-Collusion Exhibit E – References Exhibit F- Anti-Lobbying Form Exhibit G- Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Exhibit H- House Bill 89 Verification Exhibit I- Form 1295 Exhibit J- Performance Bond 9 | Page ARTICLE 3 -Standard Terms and Conditions 3.1 General Provisions 3.1.1 Definitions Wherever used in the Proposal, 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 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 Proposal Documents issued by the Purchasing Division prior to Proposal Opening Date which clarify, correct, or change the Proposal Requirements or the proposed Contract Documents. Agreement: The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. Attachments: all exhibits and other documents attached to the Proposal Documents and/or incorporated into the contract by reference. Best Value: Factors to be considered in determining lowest overall cost and value in making certain purchases. Ref. Texas Government Code, Section 2155.074 (Non-Information Technology Related) and Texas Government Code, Section 2157.003 (Information Technology Related). City: means the City of La Porte, a home ruled government municipality as defined by the State of Texas. Contract: upon notice of award by Purchasing Division, the contract consisting of all Proposal Documents relating to a specific invitation for proposals, and all amendments, modifications, or revisions made from time to time in accordance with the terms thereof. All such documents comprising the Contract are referred to as the "Contract Documents". Contractor: the Respondent (person, firm or entity) that is awarded the Contract by the Purchasing Division. Any reference to the Respondent in the Contract documents is understood to apply to the Contractor. Department: which may also be referred to as the using/user Department is the City Department which appears on the applicable purchase order release for goods, work or services provided under this contract. Detailed Specifications: refers to the contract specific requirements that includes but is not limited to a detailed description of the scope, term, compensation, price escalation, and such other additional terms and conditions governing this specific Contract. Effective Date of the Agreement: The date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver, unless specifically stated otherwise in the document. Force Majeure Event: an event beyond the reasonable control of a party to this Contract, which is limited to acts of God, explosion, acts of the public enemy, fires, floods, earthquakes, tornadoes, epidemics, quarantine restrictions, work stoppages not caused or unmitigated by the Contractor. Goods: A transportable article of trade or commerce that can be bartered or sold. Goods do not include services or real property. Independent Contractor: A person working for an entity under contract and not an employee of the contracting entity. The contracting entity does not pay unemployment, disability, or worker’s compensation insurance or withholding taxes from payments to the person. An independent contractor normally follows the contracting agency’s direction on the results of the work but not on the means of accomplishing the work. 10 | Page Laws and Regulations; Laws or Regulations: Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Notice of Award: The written notice by Owner to the Successful Respondent stating that upon timely compliance by the Successful Respondent with the conditions precedent listed therein, Owner will sign and deliver the Agreement. Notice to proceed: A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the work under the Contract Documents. Owner: The entity, City of La Porte, with whom the Contractor has entered into the Agreement and for whom the Work is to be performed. Party: or collectively Parties refers to the entities that have entered into this Contract includingthe Contractor and the City. Payment Bond: A bond executed in connection with a contract which secures the payment requirements of the contractor. Performance Bond: A surety bond which provides assurance of a respondent’s performance of a certain contract. Acceptable forms of bonds are those described in the definition for “proposal deposit.” Proposal: An offer to contract with the City, submitted in response to a proposal invitation. Proposals are usually non-negotiable unless resulting from a Request for Proposal. Proposal Deposit: A deposit required of respondents to protect the state in the event a low respondent attempts to withdraw its proposal or otherwise fails to enter into a contract with the state. Acceptable forms of proposal deposits are limited to: cashier’s check, certified check, or irrevocable letter of credit issued by a financial institution subject to the laws of Texas and entered on the United States Department of the Treasury’s listing of approved sureties; a surety or blanket bond from a company chartered or authorized to do business in Texas. Proposal Documents: The Proposal Requirements and the proposed Contract Documents (including all Addenda). Proposal Opening: The public opening of proposals, in which the names of the respondents responding to a solicitation and prices of the respondents are publicly read and recorded, unless in a Request for Qualifications or Request for Proposal where only the respondent names are stated. Proposal Opening Date: date and time publicly advertised by the Purchasing Division as the deadline for submission of Proposals. Proposal Requirements: The Advertisement or Request for Proposal, Instructions to Respondents, proposal security of acceptable form, if required, and the Proposal Form with any supplements. Proposal Tabulation: The recording of proposals and proposal data submitted in response to a solicitation. Pricing is not included. 11 | Page Purchase Order: a written purchase order from the City referencing this Contract. Purchasing Division: The office designated to purchase goods and services for the City of La Porte. Respondent: person, firm or entity submitting a Proposal in response to an invitation for proposals; for RFPs and RFQs, references may be made to "Respondents". Once the Contract is awarded the Contractor shall assume that all references to a Respondent and such attendant obligations apply to the Contactor. Responsive: The respondent has complied with all material aspects of the solicitation document, including submission of all required documents. Responsible: The respondent has the capability to fully perform and deliver in accordance with the contract requirements. The agency may include past performance, financial capabilities and business management as criteria for determining if a respondent or proposer is capable of satisfying the contract requirements. Services: refers to all work, services and materials whether ancillary or as required by the Detailed Specifications that Contractor provides in performance of its obligations under this Contract. Specification: means the Proposal Documents, including but not limited to the detailed specifications consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Subcontractor: means any person or entity with whom the Contractor contracts to provide any part of the goods, services or work to be provided by Contractor under the Contract, including subcontractors of any tier, suppliers and material men, whether or not in privity with the Contractor. Successful Respondent: The Respondent submitting a responsive Proposal to whom Owner makes an award. 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 proposal 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. 12 | Page 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 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 municipal 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. 3.1.2.4 Severability If any term or provision of this Contract shall be held to be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 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 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 proposal. 3.1.2.6 Entire Contract The Contract Documents constitute the entire agreement between the parties and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be modified, superseded or otherwise changed, except by the subsequent written agreement of the parties. 3.1.2.7 Non-Exclusive Contract This Contract shall be non-exclusive and the Owner may procure the services contemplated hereby from other sources at the Owner's discretion. 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. 13 | Page 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 solely responsible to verify that neither the Subcontractor nor any of its owners is debarred by Office of Federal Contract Compliance Programs or otherwise ineligible to participate on City Contracts. All information required of submitting Contractor is also required from any proposed subcontractor or firm prior to their being utilized in the performance of this Contract. 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. Contractor is fully responsible for the actions or inactions of its subcontractors and for the compliance of all subcontracting 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 proposal requirements of the City and Texas Local Government Code §252, as amended. Respondents shall comply with all applicable federal, state and local laws and regulations. Respondent 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. 14 | Page 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 proposal. 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. 15 | Page 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, shall file a completed conflict of interest questionnaire with the City within 7 business days after the latter of: 1) date the person begins discussions or negotiations to enter into a contract, including submission of a proposal or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is included as Exhibit C and must be signed and 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. Please consult your own legal advisor if you have questions regarding this form. 3.1.4.10 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 towhich 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. 3.1.4.11 Disclosure and Ownership of Documents Contractor shall deliver to Owner or Owner's designated representative for approval and acceptance, prior to the Owner's final payment hereunder, all documents and material prepared and/or utilized by contractor in connection with this Contract. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the Owner, or at its expense, will be kept confidential by Contractor and will not be disclosed by Contractor to any other person or entity, either directly or indirectly, without the Owner's prior written consent, unless otherwise required by lawful court order, after a 16 | Page hearing at which the Owner is represented. All drawings, maps, sketches, programs, data bases, reports and other data developed, produced, created or purchased under or pursuant to this Contract for or at the Owner's expense shall be and remain the Owner's sole property and may be reproduced at the discretion of the Owner. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to, any representations made relating to disclosure or ownership of documents and information, shall survive the execution, delivery, and termination of this Contract. 3.1.4.12 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. 3.1.4.13 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. 3.1.4.14 Successors and Assigns This Contract shall be binding upon the parties and their respective successors and assigns; provided, however, that this Contract may not be assigned by Contractor without the prior written consent of the Owner which consent may be withheld at the sole and absolute discretion of the Owner. No provision hereof shall be deemed to create any personal liability on the part of any officer, agent, or Debris Monitor for the Owner, nor shall this Contract be deemed to create any rights or benefits to any person other than the Owner or Contractor. 3.1.5 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. 3.2 Compensation Provisions Unless otherwise provided in the Scope of Work and Detailed Specifications, a Notice to Proceed will be issued by the City and sent to the Contractor. Because these services will be required as the result of an emergency, a purchase order may be issued after the Notice to Proceed has been issued. Contractor must mobilize and commence work based upon this Notice. 17 | Page 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. Contractor shall not pledge the Owner's credit or make the Owner a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. Contractor further represents and warrants that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 3.2.1 Invoices and Payment The Owner will only pay for those items deemed Eligible in accordance with City, guidance, unless the owner otherwise agrees in writing. Owner reserves the right to request additional invoice separation by debris type (construction and demolition, vegetative debris, household hazardous waste, etc.) program (right-of-way collection, private property debris removal, etc.) and/or applicant(s) (entities located within the jurisdiction) Mobilization or demobilization costs, miscellaneous items, and markups due to errors in volume calculations will not be allowed. Contractor shall be paid only for the services rendered and accepted in accordance with the pricing specified in the Proposed Rate Schedule attached hereto as Exhibit A for eligible debris. Owner does not guarantee Contractor a specific amount of work or a specific amount of compensation under this Contract. To receive payment under this Contract, Contractor shall submit regular invoices for no more than bi-weekly periods to the Owner's Debris Monitoring firm ("Debris Monitor") for the debris hauled to each disposal site, which shall be calculated from electronic or manual load tickets issued by Owner representative at each site. Contractor shall be paid solely on the tickets issued and verified by the Debris Monitor on behalf of the Owner at the disposal facilities. All loads hauled shall be full and well compacted. When a load is delivered, the driver shall provide the Owner's Debris Monitor with the load ticket. The Debris Monitor at the disposal site will rate each load as a per cent (%) of fully loaded capacity as predetermined through truck or trailer bed measurement by the Debris Monitor. Only one hundred percent (100%) accurate and complete invoices shall be approved for payment. 3.2.1.1 Payments The City will make payment for the approved, eligible services performed in accordance with this Agreement within 30 days of submission of invoice. All invoices are subject to review and approval by Owner or Owner's designated representative. 3.2.1.2 Retention A ten (10%) retainage will be withheld from each reconciled invoice until the end of the project. In order to recover the retainage, the Contractor must successfully complete and receive a letter of completion from the Owner for all work zones. Retainage will be held until final reconciliation is complete. Portions of the retainage may be used by the Owner to repair damage caused by the Contractor to public or private property. 3.2.1.3 Payment of Eligible Services Contractor will not be paid to handle, process, or dispose of debris that is unrelated to disaster damage. Further, Contractor shall bill the Owner and be paid only for eligible debris. 18 | Page 3.2.1.4 Final Billing Contractor shall include the words "final invoice" on Contractor's final billing to the Owner. This statement by Contractor shall constitute Contractor's certification that all services have been properly and completely performed by Contractor and all charges and costs have been properly invoiced to the Owner and that all such charges are for eligible services. Since this account will thereupon be closed, any and all further charges not originally included in this invoice submitted and marked as "final invoice" shall be deemed waived by Contractor. 3.2.2 Records, Access and Audits Contractor shall maintain adequate records to justify all charges, expenses and costs incurred in performing the Services for a period of at least three (3) years following completion of this Contract. Owner may request separation of documentation by debris type or project type. The Owner and Debris Monitor shall have full and complete access to all records, documents, and information collected and/or maintained by contractor during the course of the administration and performance of this Contract locally. This information shall be made accessible at Contractor's local place of business in the City, for purposes of inspection, reproduction and audit without restriction. If records are unavailable in the City, it shall be Contractor's responsibility to insure that all required records are provided to the Owner at Contractor's expense. The City of La Porte reserves the right to inspect and audit the Contractor's payroll records to verify compliance with all applicable wage and hour laws and labor statutes including, but not limited to, payment of minimum wage, payment of overtime, and payment of mandatory withholdings. Upon receipt of final billing by the City, Contractor shall affirm that all required documentation has been provided to the City for retention in accordance with applicable Law. 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 19 | Page of this Contract. Any citation issued to/against Contractor or any Subcontractor, by any government agent or entity, alleging a violation of any Environmental Law 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. 3.3.2.1 Costs Associated with Noncompliance 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. 3.4 Contract Disputes 3.4.1 Dispute Resolution The Contractor ,Owner and Debris Monitor 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. 3.4.1.1 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) Written notice substantially describing the factual and legal basis of the claim shall be delivered by the contractor to the Owner within fifteen (15) days of the event giving rise to the claim, in 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) Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract documents pertaining to the performance and furnishing of the work with respect to changes in the Contract Price or Contract times will be referred initially to the Debris Monitor in writing with a request for a formal decision in accordance with this paragraph; (iii) Written notice of each claim, dispute, or other matter will be delivered by the claimant to the other party of the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Debris Monitor and the other party within forty-five days after start of such occurrence or event unless Debris Monitor allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter; (iv) The opposing party shall submit any response to Debris Monitor and the claimant within 30 days after receipt of the claimant's last submittal (unless Debris Monitor allows additional time); (v) Debris Monitor will render a formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph; (vi)The Debris Monitor's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. The general process for dispute resolution shall be: debris monitor renders a decision senior representatives meet to further resolve dispute (if appealed) 20 | Page mediation 3.4.1.2 Conference between senior representatives Subsequent to Debris Monitor's decision, the disputing party shall give written notice of an appeal to the other party and the Debris Monitor. Within 10 days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include: a statement of each party's position and a summary of the evidence and arguments supporting the position, and the name and title of the executive offices that will represent that party. The executive officers shall meet at a mutually acceptable time and place with twenty days of the date of the notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. 3.4.1.3 Mediation If the controversy or claim has not been resolved within thirty days of the meeting of the Senior Representatives, the parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation currently in effect. The request may be made concurrently with the filing of a demand for litigation, but, in such event, mediation shall proceed in advance of litigation, which shall be stayed pending mediation for a period of sixty days from the date of filing, unless stayed for a longer period by agreement of the parties. Request for mediation shall be filed in writing with the other party to the Contract and with the American Mediation Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any controversy or claim to mediation under the terms of this contract in which no party's total disclosed claim of counter-claim exceeds $75,000, exclusive of interest, the parties shall participate in mediation under the Fast Track Procedures as set forth in the Construction Industry Mediation Rules of the American Arbitration Association. Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where the parties agree, the dispute shall be resolved by submission of documents, as provided for in rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the American Arbitration Association. 3.1.4.4 Limitation on Consolidation of Joinder No mediation arising out of or relating to the Contract shall include, by consolidation or joinder or any other manner, the Debris Monitor, the Debris Monitor's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Debris Monitor, Owner, Contractor or any other person or entity sought to be joined. No mediation shall include, by consolidation or joinder or any other manner, parties other than the Owner, Contractor and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in mediation. No person or entity other than the Owner, Contractor shall be included as an original third party or additional third party to a mediation whose interest or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not constitute consent to mediation of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to mediate and other agreements to mediate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 21 | Page 3.1.4.5 Claims and timely assertion of claims The party filing a notice to demand for mediation must assert in the demand all Claims then known to that party on which mediation is permitted to be demanded. 3.1.4.6 Judgment on final award The award rendered by the mediator or mediators and agreed to by the parties of the Agreement shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 3.1.4.7 Non-Jury Trial Any claims disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth above shall be resolved through litigation. The parties stipulate that venue for any such proceedings shall be in the district courts Harris County, Texas. In the event the parties are forced to litigate their disputes, owner and contractor agree to each waive their right to a trial by jury and further agree that the judge shall be the sole finder of fact and rule on the law of the case, without a jury. This contract shall be construed and enforced in accordance with the laws of the State of Texas, without regard to conflicts of laws. 3.5 Events of Default and Termination Contractor may terminate this Contract upon thirty (30) days written notice to the Owner, provided, however that during such thirty (30) days (or until earlier release by the Owner), Contractor shall continue to diligently perform all duties hereunder. The owner may cancel this Contract at any time for any reason, with or without cause, upon written notice to the Contractor. If this Contract is terminated by the Owner with written notice to contractor, the Contractor shall be paid for the eligible work performed to the time of termination. The termination of this Contract by the Owner for inadequate performance shall not relieve Contractor of any obligations and liabilities that have accrued at the time of such termination. If this Contract is so terminated, the Owner shall be liable only for goods or services then delivered by Contractor and accepted by the Owner. Such termination shall be effective as of the date and time designated by the Owner. 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 any material provision hereof; 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 22 | Page 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. 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 Contractor shall be entitled to exercise any and all rights and remedies available under the laws of the State. In the event of a default by Contractor, the Owner shall be entitled to exercise any or all of the following remedies, alone or in conjunction with others: (a) the termination of this Contract; (b) the withholding of the retainage specified herein to be applied to damages incurred by reason of such default; and (c) the exercise of all other rights and remedies available under the laws of the State of Texas. 3.6 General Requirements of Respondent 3.6.1 Proposal Proposal shall be prepared and submitted in the format detailed in Article 4.9. 3.6.2 Personnel and Equipment Contractor warrants compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. Personnel engaged in performing these services shall be competent, fully qualified, and if necessary, authorized under applicable law to perform such services. Contractor warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the industry. Use of Contractors or subcontractors on the federal debarment list is prohibited in the performance of this Contract. 3.6.2.1 Non Discrimination Contractor represents and warrants that all of its employees are and shall be treated equally during employment by Contractor without regard to race, color, religion, physical handicap, sex, age or national origin. The City of La Porte encourages utilization of minority firms, and women business enterprises and labor surplus firms for participation in subcontracting opportunities. 3.6.2.2 Contractor Personnel assigned to this contract Prior to an employee commencing work associated with this Contract, Contractor must determine suitability for work of their employees. After work has begun, the City retains the right to perform drivers license checks on Contractor employees. Documents proving legal residency may also be audited during the course of the Contract. Contractor MUST remove any employee from these services who is convicted of a felony during this employment. Failure to do so may result in termination of the Contract. The City reserves the right to require immediate removal of any Contractor employee from City service it deems 23 | Page unfit for service for any reason not contrary to law. This right is non-negotiable and the Contractor agrees to this condition by accepting this Contract. Contractor should have enough qualified people with current background checks so as to be able to provide a replacement within twenty-four (24) hours. Failure to provide a satisfactory replacement within twenty four (24) hours may be cause for termination of the Contract. All persons employed by Contractor shall be United States citizens or possess proper documents demonstrating that they are legal aliens. Contractor is responsible for ensuring that all employees observe all City ordinances and codes when conducting business on City premises. Contractor shall be fully responsible for the conduct and actions of all Contractor employees and subcontractors. Contractor's personnel or subcontractors shall not exhibit any pattern of discourteous behavior to the public or otherwise act in a manner contrary to the best interests of the Owner. Contractor or anyone employed by or subcontracted by Contractor shall not charge any resident, business or institution for work performed under this scope of work, nor shall Contractor or anyone employed or subcontracted by Contractor accept any additional monies from any resident, business or institution for work performed under this scope of work. 3.6.2.3 Supervision Supervision shall be literate and fluent in the English language. Supervision shall also be capable of communicating fully with all Contractors' employees in the event they do not speak English. The City's authorized representatives will be the sole judge of the communication level. Contractor shall provide documentation that the supervision has the necessary skills. 3.6.2.4 Identification of Employees Contractor may be required to provide and enforce the use of uniforms and/or identification badges to personnel assigned under this contract. Uniform design (if applicable) is subject to approval by the City. At a minimum, Contractor is responsible for: ensuring employees maintain a safe, suitable appearance while providing the services; providing and enforcing the use of name badges immediate collecting of name badges of terminated employees; and checking employees' proof of valid driver's licenses or state issued identification every six months 3.6.3 Payment Adjustments The City of La Porte requires complete performance of the required tasks indentified in this specification. Failure to satisfactorily accomplish said requirements, where due to the carelessness, neglect or fault of the contractor, shall constitute a deficiency for which a if Contractor fails correct, may result in the services being performed by others with the cost charged to the Contractor. In that inadequate performance is just as undesirable as non-performance and the cost of correcting inadequate performance may equal, or exceed, the cost of initial services, the actual costs will control in all cases, as distinguished from any estimates based on the Contractor's quoted price, or his probable cost, had he performed the work. ARTICLE 4 Special Conditions 4.1 Respondent's Minimum Qualifications Respondents must demonstrate that they have the resources and capability to provide the materials, labor and services as described herein to the extent necessary so as to insure that all charges incurred by Owner with respect to said services hereunder. 24 | Page The Owner will only pay for those items deemed Eligible in accordance with City, guidance, unless the Owner otherwise agrees in writing. All applicable Federal, State and/or local regulations or any other governing agency guidelines for the collection, transportation, temporary staging and final disposal of debris must also be demonstrated. ALL RESPONDENTS must submit documentation to support these qualifications. Failure to do so may be cause for proposal to be deemed non-responsible and rejected. The following qualifications shall be met in order to be eligible for this contract: be licensed to do business in the State of Texas; be able to provide services to clean up, remove, haul and dispose of debris as defined in the Articles of this solicitation ; be willing and capable of performing the services, including but not limited to, proper documentation preparation, management and event closure services; be knowledgeable and have experience in providing of the services as described herein, and to ensure that all services are delivered in accordance with State and Federal regulations as hereinafter defined; demonstrate financial stability, availability of personnel necessary to meet the obligations of this contract; and demonstrate insurability. be eligible to perform the services in that Contractor has not been declared debarred by the Office of Federal Contract Compliance Programs 4.2 Time is of the Essence: A. Contractor understands that time is of the essence in the performance of this Contract and that suitable equipment, personnel and other necessary resources must be available to commence work in accordance with these specifications. B. Contractor shall remove, a minimum, the quantities of debris within 30, 60 and 90 calendar days as stated in Exhibit A. C. Contractor agrees to provide insurance certificates and to commence the performance of services under this Contract no later than seventy-two (72) hours after Notice to Proceed is issued. D. Contractor agrees to work diligently to complete this Contract by the earliest possible date; however, in no event shall the time period for completion of this contract exceed 90 days from Notice to Proceed for complete performance in every respect under this Contract, unless Owner initiates additions or deletions to the Contract by written change orders, or in its sole discretion extends this period due to the progress of the debris removal, or the Contract is terminated as provided herein. E. Both parties pursuant to applicable federal, state and local law will equitably negotiate subsequent changes and completion time. F. Contractor shall provide progress reports to the Owner and/or Debris Monitor on a weekly basis or more frequently as requested by the Owner. Such reports shall contain, at a minimum, total cubic yards collected, daily totals, and description of the geographical areas being addressed by the Contractor. 4.3 Working Conditions Contractor represents that it has inspected the areas where debris is to be collected and removed and is familiar with the City of La Porte roadway system, roadway widths, and other factors that will affect the work to be performed and has not relied on any representation of conditions made by any officer, agent or employee of the Owner. Contractor understands that any information provided by the Owner is meant only to assist the Contractor and contractor agrees to rely on its own knowledge and investigation and not any assistance provided by Owner. Contractor acknowledges that it is prepared for potentially adverse working conditions including, but not limited to, limited fuel supplies, limited housing availability, limited food and water supplies, and wet,muddy conditions, and that these factors were considered in determining the costs originally agreed upon by the parties. 25 | Page 4.4 Vehicles and Equipment All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations including, without limitation, all United Stated Department of Transportation, State of Texas Department of Transportation and safety regulations, and are subject to the approval of the Owner. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend so as to impede the proper and safe navigation of the vehicle in post disaster road conditions. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. The Contractor shall supply vinyl type placards identifying the City of La Porte, the names of the Contractor and subcontractor, and large spaces for the Debris Monitor to write in the assigned Truck Number and measured Cubic Yardage of the truck or trailer. The Contractor shall maintain a supply of placards during the project in the event replacements are needed. Placards must be in plain view from the tower as trucks or trailers enter the disposal facility. The Contractor shall furnish a complete and updated list identifying truck and trailers that will be used in the transport of Debris from the Temporary Debris Storage and Reduction Site to the permanent disposal sites. The listing shall include the following information; a.Truck and/or trailer license number. b.Year, make and color of each truck and/or trailer. c.Cubic yardage capacity of each trailer as measured and recorded by the Debris Monitor Each truck and trailer passing through disposal check points shall be identified by a contactor's logo and an identifying number that ties the vehicle to the above information. Any vehicle not matching the above information or not containing other identification as may be required by the Owner shall not be paid for Debris being transported. Contractor shall be solely responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed and the demolition of structures containing (and suspected to contain) asbestos material under this contract. 4.5 Modifications of Work The Owner reserves the right to make changes in the services including alterations, reductions or additions thereto. Upon receipt by Contractor of the Owner's notification of a contemplated change, Contractor shall (a) if requested by the Owner, provide an estimate for the increase or decrease in cost due to the contemplated change, (b) notify the Owner of any estimated change in the completion date, and (3) advise the Owner in writing if the contemplated change shall affect Contractor's ability to meet the completion dates or schedules of this Contract. If the Owner instructs in writing, Contractor shall suspend work on that portion of the services affected by a contemplated change, pending the Owner's decision to proceed with the change. If the Owner elects to make the change, the Owner shall issue a contract amendment or change order and Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by both parties. This contract and all attachments hereto are subject to modifications as Federal, State and/or local regulations may require. 4.6 Inspection and Defects The City will have the right to inspect any services 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 or services performed. Should errors defects or non conformances be discovered in either the initial or subsequent inspection, the City may exercise appropriate remedies in accordance with the laws of the State of Texas in addition to any other remedies specified in this agreement. 26 | Page 4.6.1 Inspection tower The Contractor shall construct an inspection tower at each Temporary Debris Storage and Reduction Site (TDSRS) and disposal site specifically for this project, as described below or approved equivalent. Any construction will be subject to permitting by the Owner or Debris Monitor. The tower at the site shall be of sound construction and of scaffolding. The floor elevation of the tower shall be 10 foot above the existing ground elevation. The floor area shall be a minimum of 8' by 8' and the perimeter of the floor area shall be protected by a 4 foot high walls. The floor area shall be covered with a roof with a minimum of 6'-6" of headroom below the support beams. Steps shall provide access with a handrail. The inspection tower shall comply with standard OSHA requirements and local codes. The tower is for the purpose of a Debris Monitor to view and grade loads. The Owner, or any Federal and State agency accompanied by the Owner, may occupy the tower at their discretion for QA/QC purposes. Others may use the inspector tower to view loads under special circumstances. 4.7 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. 4.8 Contract Administrator The City of La Porte, under this Contract, may appoint a Contract Administrator(s) with designated responsibility to ensure compliance with Contract requirements, such as but not limited to, acceptance, inspection and delivery. A Contract Administrator serves as liaison between the City's Emergency Management Coordinator (which has the overall Contract Administration responsibilities) and the successful Proposer. 4.8.1 Debris Monitor Owner shall provide, and Contractor shall allow, Debris Monitoring and inspections as necessary to determine contract performance, which may include, but is not limited to, on-site inspections, metering of operations, and inspections of operating records during Contractor's operating hours. Contractor will notify Debris Monitor each day of the number of work crews and disposal sites that will need assigned Debris Monitors, 24 hours before crews arrive to facilitate the proper staffing for certification of truck volumes and issuance of load tickets. Owner may increase or decrease the number of Debris Monitors provided to the Contractor to meet the needs of the debris removal effort. 4.9 Proposal and Submittal Requirements Respondents must prepare and submit their response in the format listed below. TAB ITEM 1. Provide a cover letter indicating the underlying philosophy of the firm in providing the service. Proposers shall also provide a comprehensive organizational chart. The cover letter and organizational chart shall be limited to one (1) page each and must be signed by an Officer of the Company. 2.Proposer must demonstrate experience in all aspects of debris management, including recovery, hauling, staging/reduction, disposal, contract management, accounting, and documentations. Include a company profile including the firm name, business address, telephone number, and year established. Describe in detail how ervices will be provided, including each payment item in the RFP. Include a flexible mobilization plan that can be scalable depending on the requirements of the event, but includes various preparation activities (e.g., at 72, 48, 24 and 12 hours) prior to a known impact; timeframe of when management staff and assets will mobilize to the impacted area; tasks to identify primary areas of concern within the impacted area; detail of project initiation activities including truck certification and measurement procedures; mobilization plan for an event without warning. Proposer shall include a statement that he will meet all program standards as provided for in the Owner’s Debris Management Plan. Demonstrate that Proposer is well versed in all aspects of the FEMA Debris 27 | Page Management Guide: FEMA-325. Provide a subcontracting plan to include the identity and address of potential local subcontractors. 3. Each Proposer shall submit a written statement describing the experience, organizational structure and “chain of command” of the Proposer’s and subcontractor’s response team and the project management methods that are most appropriate to perform the contract services. The statement must include: historical methods for communicating with team members and local emergency management and public works staff, team work assignments, data management and project tracking methodologies and capabilities, schedule controls, and other appropriate management considerations. The Proposer shall also discuss its staffing and their experience and ability to supervise multiple debris removal crews, and subcontractors. This discussion shall also include the Proposer’s historical project management methods that insure quality control of the work being performed by the Proposer’s teams, crews and subcontractors. Proposer shall provide: a)Education, background and experience of Senior Management; b)Professional recognition of Proposer and/or its senior management team; c)The ability of Proposer to reduce and/or prevent the instances of fraud, waste and abuse. Any reservists, consultants or part-time employees, or sub-contractor employees must be identified as such. 4.Financial Capabilities: Each Proposer shall submit its annual audited financial statements for the past three (3) fiscal years certified by a Certified Public Accountant. The Certified Financial Statements shall include a detailed list of assets, particularly that equipment which is owned or leased by Proposer. Public companies listed on the New York or NASDAQ Stock Exchanges are only required to provide a copy of their latest Annual Report. If the Proposer has been in business for a period of less than three (3) years, the Proposer should submit Certified Financial Statements for the period the Proposer has been in business plus a detailed business plan in addition to any pertinent TAB ITEM information that would allow the evaluation of the sufficiency of financial resources and the ability of the Proposer to successfully perform and finance the services enumerated in the RFP. In lieu of financial statements, Proposer may provide other evidence of its financial capability to mobilize, manage, sustain and finance a multi- million dollar volume of work for a minimum of 45 days without interference or a slow-down in the work. 5.References: Include a reference list of at least Five (5) clients to whom the Proposer has provided similar services as prime contractor within the past five years. Two of these projects must involve removal of at least 500,000 cubic yards of debris. The following information is required for each reference. Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ 28 | Page 6.Environmental Plan: Proposers must provide an Environmental Plan to demonstrate compliance with applicable environmental regulations in the debris removal and reduction process. Proposers shall delineate memberships in professional organizations and possession, knowledge and proposed compliance with TCEQ regulations and Certifications, EPA Regulations. 7.The person who shall serve as authorized negotiator for Proposer should Proposer to be selected to negotiate with Owner. 8. Whether Proposer or any employee thereof anticipated being assigned to provide debris removal services has been a defendant in any proceeding involving or arising out of debris removal services within the past five years. 9. Whether or not Proposer has had a contract related to debris removal canceled within the past seven years. If so, state the name and address of the other contracting party and reason. 10. Certify that Proposer, nor any employee thereof, has any conflict of interest, either direct or indirect, in connection with the services sought herein pursuant to Federal or Texas law. 11. List of current obligations of Proposer for disaster relief to other government or private entities within a 200 mile distance from the City of La Porte (including all pre-positioned or pre-event contracts by which Contractor is currently bound and/or is considering) ARTICLE 5 Scope of Services and Detailed Specifications 5.1 General The City of La Porte is seeking competitive proposals from qualified Contractors authorized to transact business in the State of Texas (the "State") for a non-exclusive contract to remove debris from public property and rights-of-way (ROW) generated by future disasters. Contractor is expected to perform at least the minimum requirements described herein. Contractor may propose alternative approaches to performing the tasks that may be beneficial and cost effective for the City so long as the approach does not conflict with the City's required outcomes specified herein. Contractor understands and agrees that debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of this Contract in the shortest time possible. Mechanical loading is preferred and should be the primary method used in the performance of this contract. However, with prior approval by the Owner, vehicles that are hand loaded or that requires mechanical assistance for dumpling, may be permitted to dump at debris management site(s) once approved. It is the City's intent to award a non-exclusive contract to a primary and two (2) back-up Contractors for a one (1) year contract with the potential for up to four (4) additional one-year renewal periods equal to the original contract term, for a possible five (5) year contract. Award may be made to multiple Contractors, by portions of work to separate contractors, or by individual proposal items. The Owner also reserves the right to delete from the Scope, individual proposal items at any time following the award of the Contract. This does not release the Contractor from continuing to perform other awarded items. 5.1.1 Background The City of La Porte, hereinafter referred to as "City", has a population of nearly 35,000 and is located along the Texas Gulf Coast near Galveston Bay. The City is vulnerable to natural disasters such as hurricanes, tornadoes and floods and to man- made disasters such as oil spills, hazardous material spills or releases. Natural disasters in particular often produce large volumes of debris. 29 | Page One of the first essential steps in securing the community post event is the removal of debris or other hazards to allow for security, emergency and other services, and vehicular and pedestrian traffic by clearing blocked roadways or drives, obstacles to emergency vehicles, hazardous fallen trees, leaning trees and other hazards on both public and private property. 5.1.2 Intent The work to be performed under this Contract shall consist of collection, removal and disposal of the debris caused by a disaster. The Contractor shall not remove, process or dispose of debris that is unrelated to disaster damage. The City reserves the right to add similar items/services or delete items/services specified in the Contract as requirements change during the course of the contract. Prices for items/services being added or deleted from the Contract will be mutually agreed to by the City and the Contractor. A Contract amendment will be issued for each addition/deletion. 5.2 Specifications 5.2.1 General Trees, limbs and debris (including fallen trees) which are located partially on or above public property or right-of-way shall be cut at the right-of-way line (ROW) or property line, and the public portion shall be removed under this contract. No debris shall be loaded without the presence of a Debris Monitor issuing a proper load ticket to document the origin of the load, date, contractor name, truck number, truck capacity, point of debris collection and loading departure time. Contractor shall maintain debris work sites in accordance with appropriate use standards, safety standards, and regulatory requirements. All loads hauled shall be full and well compacted. Contractor shall track and map streets cleared of eligible ROW debris during each pass and provide this information to the Debris Monitor on a daily basis. To receive payment under this Contract, Contractor shall submit an invoice to the Debris Monitor for the debris hauled to each reduction or disposal site in accordance with the specifications, which shall be calculated from load tickets that are issued by an Owner representative at each site. Contractor will be paid solely on the tickets issued and verified by the Debris Monitor at the reduction sites. 5.2.2 Performance Contractor shall perform these obligations hereunder in a manner so as not to interfere with the normal operations of the Owner. Such performance by Contractor shall be in compliance with all applicable local, State and federal laws and regulations. Contractor will only use a final disposal site location site that is approved by the Owner. Contractor will be reimbursed for fees from the approved disposal site. However, the Owner will retain any recycling revenues from recycled debris. 5.2.1.1 Removal and Hauling Vegetative Debris As identified by and directed by the Owner or Debris Monitor, the Contractor shall accomplish the pickup, loading, and hauling of all vegetative Debris collected from public property and ROW. The Contractor shall haul vegetative debris to a Temporary Debris Storage and Reduction Site (TDSRS) within the City of La Porte or direct haul to a landfill, at the Owner’s discretion. This includes fallen tree and limb debris that is located on public property and right-of-way as well as hazardous limbs and trees removed by the Contractor under pay items 10 and 11 below and placed on public property or ROW. The Contractor shall provide an inspection tower in accordance with the Supplemental General Conditions. Payment under this pay item shall be based on a per cubic yard quantity. 30 | Page The Contractor shall remove, haul, and dispose all hazardous stumps (less than 24” in diameter measured two feet from the ground) on improved public property or ROW that have at least 50% of the root ball exposed at the debris removal cost per cubic yard. The Contractor shall remove, haul, and dispose all hazardous stumps (greater than 24” in diameter measured two feet from the ground) on improved public property or ROW that have at least 50% of the root ball exposed at the debris removal cost per cubic yard as determined from the Stump Conversion Table attached to FEMA Disaster Assistance Policy DAP9523.11, or most current policy thereof. Prior to removal of stumps larger than 24” measured two from the ground, the Owner will use guidance from FEMA by using the Hazardous Stump Worksheet as outlined in DAP9523.11, or most current policy thereof. Stumps on public property or ROW with less than 50% of the root ball exposed shall be cut flush with the ground. The Contractor shall place compatible fill dirt in ruts created by contractor’s equipment and holes created by removal of hazardous stumps. The Contractor shall back-fill each stump hole flush with the surrounding ground with compatible material. The costs of all fill material and placement shall be absorbed costs and will not be eligible for separate payment. 5.2.1.2 Site Management and Reduction of Vegetative Debris by Grinding The Debris Monitor shall manage one or more TDSRS sites designated by the Owner and may reduce eligible vegetative debris by grinding. This may include vegetative debris delivered to the TDSRS by the Contractor, by the Owner, or by others. Site management, debris reduction, and site closure shall comply with all laws and regulations. Compliance with site closure requirements must be confirmed in writing by the Texas Commission on Environmental Quality (TCEQ) prior to final payment to the Contractor. TDSRS management shall include site security and shall include segregation of types and sources of debris, as directed by the Owner. The Contractor shall provide an inspection tower in accordance with the Supplemental General Conditions. Payment under this pay item shall be based on a per cubic yard quantity. 5.2.1.3 Site Management and Reduction of Vegetative Debris by Burning The Debris Monitor shall manage one or more TDSRS sites designated by the Owner and may reduce eligible vegetative debris by air curtain burning. All debris burning must utilize an air curtain incinerator designed and operated to minimize release of pollutants. This may include vegetative debris delivered to the TDSRS by the Contractor, by the Owner, or by others. Site management, debris reduction, and site closure shall comply with all laws and regulations. Compliance with site closure requirements must be confirmed in writing by the TCEQ prior to final payment to the Contractor. TDSRS management shall include site security and shall include segregation of types and sources of debris, as directed by the Owner. The Contractor shall provide an inspection tower in accordance with the Supplemental General Conditions. Payment under this pay item shall be based on a per cubic yard quantity. 5.2.1.4 Loading and Hauling of Vegetative Debris Reduced by Grinding Contractor shall load and haul reduced (by grinding) vegetative debris to a final disposal site as directed by the Owner. The designated disposal site will be either the Green Shadows Landfill or the Baytown Landfill. The Green Shadows Landfill is located at 1089 Jana Lane Pasadena Texas 77503, (281) 542-6433, and is owned by Waste Management Inc. The Baytown Landfill is located at 4791 Tri-City Beach Road, Baytown, TX 77520, (281) 383-2454, and is owned by Waste Management, Inc. The Contractor may be required to remove and haul reduced vegetative debris from a TDSRS site or sites managed by others, to an approved landfill as directed by the Owner or Debris Monitor. The Contractor shall provide an inspection tower in accordance with the Supplemental General 31 | Page Conditions. Payment under this pay item shall be based on a per cubic yard quantity. This pay item does not include tipping or disposal fees. Tipping or disposal fees shall be paid directly by the Owner. 5.2.1.5 Loading and Hauling of Vegetative Debris Reduced by Burning Contractor shall load and haul reduced (by burning) vegetative debris to a final disposal site as directed by the Owner. The designated disposal site will be either the Green Shadows Landfill or the Baytown Landfill, as described above. The Contractor may be required to remove and haul reduced vegetative debris from a TDSRS site or sites managed by others, to an approved landfill as directed by the Owner or Debris Monitor. The Contractor shall provide an inspection tower in accordance with the Supplemental General Conditions. Payment under this pay item shall be based on a per cubic yard quantity. This pay item does not include tipping or disposal fees. Tipping or disposal fees shall be paid directly by the Owner. 5.2.1.6 Disposal of Construction and Demolition Debris As directed by the Owner or Debris Monitor, the Contractor shall accomplish the disposal of all eligible C&D Debris delivered to the landfill by the Contractors and the Owner. Contractor shall disposal C&D Debris at the final disposal site approved by the TCEQ and as directed by the Owner. The designated disposal site will be either the Green Shadows Landfill or the Baytown Landfill, as described above. The Contractor may be required to pick up and remove disaster related C&D Debris to be transported from TDSRS sites as directed by the Owner or Debris Monitor for payment under this pay item. This pay item does not include loading or hauling. Payment under this pay item shall be based on a per cubic yard quantity. The Contractor is responsible for payment of all tipping and disposal fees. 5.2.1.7 Removal of Hazardous Hanging Limbs The Contractor shall remove hazardous hanging limbs (hangers) over 2” in diameter (at the point of break) from trees over 6” in diameter (measured 4.5 ft above ground) from public property and ROW, as identified by the Owner or Debris Monitor. Trees with hazardous limbs must be identified by the Owner or Debris Monitor prior to removal by the Contractor to be eligible for payment. Limbs shall be cut as close as possible to the first healthy lateral limb or trunk to preserve the health of the tree and avoid future hazardous conditions. Limb removal generally will require the utilization of lift equipment and/or workers trained and experienced in climbing. Hazardous limbs shall be removed and placed on public property or ROW for pickup. Payment for this item shall be on a per tree basis. Payment for hauling, reduction and disposal of the hazardous limbs removed and placed on ROW will be handled separately under pay item 1 above. 5.2.1.8 Removal of Hazardous Leaning Trees The Contractor shall remove hazardous leaning trees (leaners) over 6” in diameter (measured 4.5 ft above ground) from public property and ROW, as identified by the Owner or Debris Monitor. Disaster damaged trees leaning more than 30 degrees from vertical and trees with more than 50% of the canopy damaged shall be considered hazardous trees. Hazardous trees shall be removed and placed on public property or ROW for pickup. The Owner or Debris Monitor must identify hazardous trees prior to removal to be eligible for payment. Payment for this item shall be on a per tree basis in size categories as shown in the Bid Schedule. Payment for hauling, reduction and disposal of the hazardous trees collected and placed on ROW will be handled separately under pay item 1 above. If more than 50% of the stump root ball of the hazardous tree to be removed is exposed, the stump shall be removed along with the hazardous tree. The Contractor shall back-fill each stump hole flush with the surrounding ground with compatible material. The Contractor shall place compatible fill dirt in ruts created by contractor’s equipment and holes created by removal of hazardous stumps. Stumps on public property or ROW 32 | Page with less than 50% of the root ball exposed shall be cut flush with the ground. The cost of root ball removal, all fill material and placement shall be an incidental to the hazardous tree removal cost and will not be eligible for separate payment. 5.2.1.9 Asbestos Containing Material (ACM) In addition to debris removal from public property and ROW, Contractor shall be fully responsible for demolition, debris removal, transportation, and disposal of ACM debris. The Contractor shall comply with TCEQ and EPA requirements for ACM loading, hauling, and disposal requirements at a location approved by TCEQ and the City. The Contractor will deliver the ACM material to an approved landfill for the disposal of ACM. The Waste Management Coastal Plains Landfill, 2100 East Hwy 6 Alvin, TX 77511 is currently accepting ACM. All disposal costs will be the responsibility of the Contractor. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed under this Contract. Payment under this item will be per cubic yard. 5.2.1.10 White Goods The Contractor shall remove, decontaminate, transport, and recycle (or dispose if necessary) all appliances (white goods), including refrigerators, freezers, HVAC units, washing machines, dryers, etc., from public property and ROW. All appliances shall be decontaminated in accordance with applicable laws and regulations. Freon shall not be released during the removal, hauling, or recycling. Payment under this item will be per item. 5.2.1.11 Electronics Waste The Contractor shall remove, haul and recycle (or dispose if necessary) electronics waste (e-waste) from public property and ROW. Payment under this item will be per cubic yard. 5.2.1.12 Portland Cement Concrete The Contractor shall load, haul, and dispose of Portland Cement Concrete material separated by the property owner and placed on public property and ROW. Payment under this item will be per cubic yard. 5.2.1.13 Household Hazardous Waste Household Hazardous Waste (HHW) includes handling, removal and collection of propane tanks, appliances, paint, pesticides and other materials that are prohibited items from disposal in Subtitle D landfills and Class I and Class II rubbish sites. The Contractor will segregate these items from vegetative and C/D debris and load and transport the HHW to a collection site identified by the Owner. The HHW will be segregated in the field and hauled in concentrated loads. Payment under this item will be per cubic yard. 5.2.1.14 Lawnmowers and Equipment with Small Engines The Contractor shall remove, decontaminate, transport, and dispose all abandoned lawnmowers and other equipment with small engines from public property and ROW. All lawnmowers, equipment, and small engines shall be decontaminated and disposed in accordance with applicable laws and regulations. Petroleum or other contaminants shall not be released during the removal, hauling, decontamination, or recycling. Payment under this item will be per each. 5.2.1.15Abandoned Tires The Contractor shall removal and transport abandoned tires from public property and ROW. The Contractor will segregate these items from vegetative and C/D debris and load and transport the tires to a collection site within the City of La Porte, as identified by the City. The tires will be segregated in the field and hauled in concentrated loads. Payment under this item will be per each. 33 | Page It shall be duly noted that the City of La Porte encourages recycling where available or feasible in accordance with applicable law 5.2.3 Priority of Work Areas The Owner will establish the priority of and shall approve the geographic work areas and types of debris in advance, which the Contractor will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. If multiple contracts are awarded, each Contractor will be assigned a geographic area or type of debris. The Owner may choose to reassign areas at any time for any reason. The Contractor shall remove all Debris and leave the site from which the Eligible Debris was removed in a clean and neat condition with the understanding that there will be small quantities of leaves, twigs, bark, and household debris, etc., generally one-half cubic foot or less that is not picked up by equipment, machinery and general laborers used by the Contractor. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the Owner or its agent. Contractor will not be allowed to “cherry pick” debris. 5.2.4 Debris Ownership and Hauling Responsibilities Once the Contractor collects debris, it is the property of the Contractor and the Contractor is solely responsible for all aspects related to the debris, including, but not limited to, the hauling and disposal of the debris. Notwithstanding the above, the Contractor will be responsible for all documentation related to the collection and disposing of the debris. 5.2.5 Debris Disposal The Contractor shall dispose of all Debris, reduced Debris, ash residue and other products of the Debris management process in accordance with all applicable Federal, State and local laws, standards and regulations. Final disposal locations will be at TCEQ approved facilities with prior notification to the Owner and their consent on the proposed disposal site. Information regarding the location of final disposal shall be attached to this Contract in the form of an Addendum to this Contract. The Contractor and the Debris Monitor representative assigned to the disposal process shall maintain disposal records and documentation. All temporary disposal and reduction sites shall comply with all local, State, and Federal laws and regulations. Location and operation of all temporary disposal and reduction sites must be approved by the City of La Porte. If Contractor hauls debris to a TDSRS that was not permitted prior to the disaster, the Contractor is responsible for ensuring certification of proper closure of the TDSRS site per TCEQ criteria. Acceptance of proper closure by TCEQ must be documented by the Contractor prior to final payment under this contract. Contractor acknowledges, represents and warrants to the Owner that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all guidelines, requirements, laws, regulations, and requests by any Federal, State and/or local agencies or authorities. Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered in this scope of work shall be at the sole risk of the Contractor. Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by this scope of work. Contractor is responsible for determining and complying with applicable requirements for securing loads while in transit and that all trucks have a solid tailgate made of metal. Contractor shall assure that all loads are properly secured and transported without threat of harm to the general public, private property and public infrastructure. The Contractor shall ensure that all vehicles transporting Debris are equipped with and use tarps or netting to prevent further spread of Debris. 34 | Page 5.2.6 Hours of Operation Contractor shall operate during daylight hours coordinating with landfills, unless otherwise directed by the Owner's designated representative. Removal of debris shall be restricted to between the hours from dawn to dusk. Contractor shall devote such time, attention and resources to the performance of Contractor's services and obligations hereunder as shall be necessary to complete this project. Contractor shall notify Debris Monitor by close of business each Thursday whether weekend work is anticipated. If a truck is loaded too late in the day to travel to the disposal site, a load ticket may be written for a full load only. 5.2.7 Property Damage The Contractor shall be responsible for all damages to public and private property. The Contractor shall have at least one responsible individual per every 25 work crews, who is dedicated to resolving reports of property damage. Contractor shall maintain a log of property damage reports and their resolution, including dates for each damage report, contact, and resolution. If public or private property damaged by the Contractor is not repaired or resolved on a timely basis to the satisfaction of the Owner, the Owner has the option of having the damage repaired at the Contractor’s expense to be reimbursed to the Owner or withheld from the Contractor’s future payments. Unpaid costs for damages will be deducted from retainage. 5.2.8 Security and Safety 5.2.8.1 OSHA Compliance Contractor is fully responsible for compliance to OSHA 29CFR 1910 and 1920 as it applies to the performance, equipment and supplies for use in performing the services required under this agreement. 5.2.8.2 Protection and Damages The Contractor shall be responsible for ensuring that all reasonable precautions are taken to protect all property where debris removal occurs. Upon verification by the Contract Administrator of causes and costs of damage, Contractor shall pay City for said damage. Facilities or equipment damaged by vandalism, which are linked to any unsecured entryways due to negligence of the contractor will be repaired or replaced at the Contractor's expense. 5.2.8.3 Safety The successful contractor shall take all precautions necessary for the protection against injury of all persons engaged at in the performance of the work. The contractor shall observe all pertinent safety practices and comply with applicable safety regulations, i.e. OSHA and The Texas Hazard Communications Act whereby employees have been provided notice and are educated in the Act and its provisions. Contractor understands and acknowledges that it will be working in congested areas. Contractor shall employ trained flag men and other necessary measures to protect the public and shall be fully responsible for implementing safety measures in performing its work under the Contract. Contractor will provide all required traffic control measures in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). Contractor shall employ and utilize sufficient manpower and equipment to assure that work zone safety is in keeping the requirements established by the Federal Highway Administration's Manual for Work Zone Safety. Owner reserves the right to curtail work efforts until unsafe practices are corrected. Contractor shall present to Owner prior to execution of this Contract a copy of emergency procedures designed to facilitate prompt notification of emergency response personnel in the event of accidents or injuries to Contractor personnel or other persons associated with or in proximity to work zones. It shall be the full responsibility of 35 | Page Contractor to make assurances that any and all equipment and/or vehicles used in connection with the work hereunder meet applicable Federal, State and local laws and regulations regarding the use of such vehicles and equipment on public roadways. 5.2.8.4 Emergency Telephone Contractor shall provide an emergency telephone number where a person can be reached during normal operating hours and after normal operating hours. 5.2.8.5 Unauthorized Personnel At no time shall Contractor allow any people into the worksite other than bona fide employees or subcontractors of the Contractor. At no time shall contractor allow family members, friends, etc., to be on the grounds or parking lot of a facility during working hours, other than to pick up or drop off an employee. 5.2.9 Equipment All tools and equipment necessary to perform the services under this contract shall be provided by Contractor. Equipment shall be of the most suitable grade for the purpose intended and if not new, shall not be of such age or so deteriorated as to impair their usefulness or safety. Contractor is fully responsible for and must train, provide and enforce the use of appropriate safety equipment and use of equipment. 5.2.10 Quality Control Contractor shall have an established quality control program to assure the requirements of the Contract as met as specified. This plan shall be a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or a City representative points out the deficiencies. 5.2.10.1 An inspection system tailored to each specific City facility and which covers all minimum requirements and frequencies of the Contract is required. It is not permissible for the person performing the work to inspect and accept that work. Services performed as per the specifications and requirements of this solicitation are subject to inspection and approval by the City of its representatives. In addition the Owner shall provide, and Contractor shall allow, Debris Monitoring and inspections as necessary to determine contract performance, which may include, but is not limited to, on-site inspections, metering of operations, and inspections of operating records during Contractor's operating hours. Contractor will notify Debris Monitor each day of the number of work crews and disposal sites that will need assigned Debris Monitors, 24 hours before crews arrive, to facilitate the proper staffing for certification of truck volumes and issuance of load tickets. Owner may increase or decrease the number of Debris Monitors provided to the Contractor to meet the needs of the debris removal effort. 5.2.11 Additional Requirements 5.2.11.1 Performance Bond The Contractor will execute and deliver to the City, within fifteen (15) days after notification of award, a Performance Bond in the amount of five hundred thousand dollars ($500,000.00) as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the Purchasing Department fifteen (15) days prior to termination date of the existing bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Texas and having resident agent. 36 | Page Acknowledgement and agreement is given by both parties that the amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. In the event the contractor has multiple contracts with other jurisdictions, this Performance Bond will ensure the City of La Porte dedicated resources for assistance in the event of a disaster. Any surety shall state that either cannot be cancelled or terminate without having first provided the City of La Porte 60 days notice. 5.2.11.2 Contract Term The initial Term for this Non-exclusive Contract will be for one (1) year from date of execution (last date set forth on the signature page) with four (4) possible one-year extension options, unless terminated earlier pursuant to the Termination provision, or extended according to the terms of the Term Extension provision. 5.2.11.3 Execution of Contract Failure to execute a contract and provide insurance certificate and required performance bond as provided herein, within fifteen (15) working days, after the offeror has received notice that the contract has been awarded, shall be just cause for the cancellation of the award. ARTICLE 6 Insurance Requirements 6.1 Requirements Contractor shall not commence work under this contract until all insurance requirements have been met as presented under this Article and such insurance has been approved by the City, nor shall the contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Contractor is required to maintain, at all times during the performance of the contract, the insurance detailed in the proposal specifications (Exhibit B). ARTICLE 7 Proposal Pages and Evaluation Criteria 7.1 Proposal Respondent shall provide their proposal in a properly marked and sealed envelopes. Please submit one (1) original and (1) copy and one (1) electronic format. . 7.2 Evaluation Criteria The following evaluation criteria shall apply for this solicitation: These criteria shall be used to determining the successful Contractor demonstrating the best value to the City of La Porte in accordance with Local Government Code 252.043. To determine the best value we may consider a combination of many factors included within the specifications including, but not limited to, how well the City's needs are met; purchase price; past relationship with the City; reputation or reliability of respondent; completeness of services offered during the performance of the contract or a combination of many factors included within the specifications. The evaluation of proposals and selection of a provider shall be at the sole discretion of the City. The criteria are as follows: 1. Cost for Services 30% 2. Qualifications of firm and key personnel 20% 3. Demonstrated debris removal capabilities for any disaster 20% 4. Experience with similar locations and sizes of entity 15% 37 | Page 5. Record of Past Performance/References 15% The evaluation committee may request interviews from the top respondents. If invited to participate in an interview please be prepared. The City may negotiate with and/or may request a best and final offer from one or more respondents, based upon the evaluation committee outcome. The final recommendation of the committee will be made to the City of La Porte Council. 38 | Page ARTICLE 8 EXECUTION AND ACCEPTANCE PAGES Proposalexecution and acceptance pages follow. Please complete only the Execution page appropriate for your business type. Remainder of this page intentionally blank. 39 | Page 8.1 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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 proposal (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 40 | Page 8.2 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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) ________________________________________________________ Joint Venturer Signature: (Signature) ___________________________________________________________ Address: (Print or type) _________________________________________________________ Joint Venturer 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 ______________________________ (Joint Venture Name). (Seal) _____________________________ Commission Expires: ____________________ Notary Public Signature 41 | Page 8.3 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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): Partner Signature: (Signature) ___________________________________________________________ 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) 42 | Page 8.4 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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) 43 | Page Article 9 FEDERAL CONTRACT REQUIRED CLAUSES The following contract clauses will be required, where applicable, pursuant to 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II. 9.1Contract Work Hours and Safety Standard Act Overtime requirements- No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages-. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages- The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” 9.2Clean Air Act and the Federal Water Pollution Act Contractor agrees to comply with all applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C 7401- 7971q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report any violations to FEMA and the Regional Office of the Environmental Protection Agency, (EPA) 9.3Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. pt.180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 44 | Page The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by (insert name of sub recipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of sub recipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” Contractors must maintain an active status on the System for Award Management (SAM) for the duration of this contract. 9.4 Byrd Anti-Lobbying Amendment "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (See Exhibit F) 9.5 Access to Records All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013). The following provides a contract clause regarding access to records: “Access to Records. The following access to records requirements apply to this contract: 1)The contractor agrees to provide Owner, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3)In coordination with the Owner, the contractor agrees to provide any County, State, or Federal Government Representative access to construction or other work sites pertaining to the work being completed under the contract.” 9.6 DHS Seal, Logo and Flags All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶ XXV (2013). The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.” 45 | Page 9.7 Compliance with Federal Law, Regulations, and Executive Orders All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance may be requested by the Owner to fund the contract therefore, the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial assistance may be requested by the Owner. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.” 9.8 No Obligation by Federal Government The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The following provides a contract clause regarding no obligation by the Federal Government: “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.” 9.9 Program Fraud and False or Fraudulent Statements or Related Acts The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.” 46 | Page Exhibit A - Pricing Proposal This Proposal of _______________________________________________ (hereinafter called "Contractor"), authorized to do business under the laws of the State of Texas, proposes to the City of La Porte, Texas (hereinafter called "Owner) the following: City of La Porte #18501 - Debris Removal Services as per the specifications and related documents Removal of, at a minimum, the following debris quantities from receipt of Notice to Proceed: 1. Within 30 calendar days ____________ cubic yards 2. Within 60 calendar days ____________ cubic yards 3. Within 90 calendar days ____________ cubic yards This information may be used to help evaluate Contractor's ability to perform. By submitting this proposal contractor hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the work in accordance with the Contractual period of time allotted and in accordance with the specifications and other information included in the contract documents for the following prices: 47 | Page EXHIBIT A Continued INTERPRETATION OF ESTIMATED QUANTITIES used in Proposal to RFP #18501 The estimated quantities listed above are based on a hypothetical disaster which could strike the City of La Porte. These quantities do not reflect the actual quantities of debris that will be moved as part of this Contract. The Contractor acknowledges that no representation or guaranty is made by the Owner or its agents as to the actual amount of each type of debris to be moved, or the total amount of debris to be moved. The estimated quantities given above will be used for the sole purpose of assisting the Owner in its evaluation of the proposals for potential award of a Contract. ADDITIONAL SERVICES PROVIDED AT NO COST: A.Training and Assistance-Sessions for all key personnel and assistance in all disaster debris recovery planning efforts as requested. B.Preliminary Damage Assessment- Determining the impact and magnitude of the disaster event to help expedite any applications for federal assistance. C.Mobilization and Demobilization- All arrangements necessary to mobilize and demobilize the Contractor's labor force and equipment needed to perform the Scope of Services contained herein shall be made by the Contractor. D.Temporary Storage of Documents- The Contractor shall provide storage of daily or disaster-related documents and reports for protection during the disaster event. E.Reporting and Documentation- The Contractor shall provide and submit to the Debris Monitor and the Owner, all reports and documents as may be necessary to adequately document its performance of this Contract. No amount of work is guaranteed under this contract. Multiple Contracts may be awarded for work on this project. The amount due to Contractor will be based on the actual cubic yards of debris and established units other material is removed, multiplied by the Contractor’s unit price per each unit. The actual amount may be more or less than the total project cost estimate, based on the actual quantity of debris removed. All payments made to the Contractor shall be subject to a 10% retainage and will be retained for a minimum of ninety (90) days after completion of all contract work to ensure against late completion of the project and/or undiscovered damage to public or private property. Contractor understands that the Owner reserves the right to reject any or all proposals. I, _________________________________, acting on behalf of _______________________________ (firm) certify that I have Reviewed and fully understand the City of La Porte’s Request for Proposal for Debris Removal Services. I further certify and swear that the information submitted in response to the RFP is true, correct and fully shows all information required to be reported. By: ___________________________________ Signature and Title 48 | Page Exhibit B Insurance Requirements Contractor shall keep and maintain during the term of this contract, Contractor's general public liability and property damage insurance, including auto liability and employer's liability coverage, insuring Contractor from all claims from personal injury, including death, and claims for destruction or damage to property arising out of or in connection with any operations under this Contract, whether such operations are by the Contractor, or a subcontractor of the Contractor. All liability insurance must contain contractual action over claims cause. Insurance shall be written with limits of liability of not less than the following: 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 and the Debris Monitor 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 $4,000,000.00 Each Aggregate $4,000,000.00 Worker's Compensation: Workers Compensation Insurance shall be provided in accordance with workers compensation laws of the state, including occupational disease provisions, for all of the Contractor's, employees, and in case any work is sublet, Contractor shall require any such subcontractor similarly to provide Workers Compensation Insurance, including occupational disease provisions, for all of the subcontractor's employees unless such employees are covered by the protection afforded by the Contractor. In case employees engaged in hazardous work under this contract are not protected under the Workers Compensation Law, Contractor shall provide, and shall cause each subcontractor to provide adequate and suitable insurance for the protection of its employees not otherwise protected. Any uninsured subcontractors are hereby deemed to be covered by the Contractor's workers compensation coverage. A. Definitions: Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (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. 49 | Page Exhibit C Conflict of Interest Questionnaire 50 | Page EXHIBIT D Non-Collusion Affidavit RFP #18501 Removal and Disposal of Debris for City of La Porte, Texas (this affidavit must be fully executed for the proposal to be considered) STATE OF TEXAS COUNTY OF _________________________ ________________________________________________________________, being duly sworn, deposes and says (Person) that he is ______________________________________________________________________________________ (Sole owner, a partner, president, secretary, etc.) of _____________________________________________________________, the party making the foregoing Proposal; (Name of Firm) in such proposal is genuine and not collusive; that said Contractor is not financially interested in, or otherwise affiliated in a business sway with any other Contractor on the same contract; that said Contractor has not colluded, conspired, connived, or agreed directly or indirectly, with any contractor or person, to put in a sham proposal, or that such other person shall refrain from proposing, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal price of affiant or any other Contractor, or to secure any advantage against the Owner, or any other person or persons interested in the proposed contract; and that all statements contained in said Proposal are true; and further, that such Contractor has not, directly or indirectly submitted his Proposal, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. _______________________________________________________________ (Affiant) Sworn to and subscribed to me this __________ day of __________, 2018. Notary Public in and for ________________________County, Texas My Commission expires ________________________, 20 _____ (Seal) 51 | Page Exhibit E References References: Include a reference list of at least Five (5) clients to whom the Proposer has provided similar services as prime contractor within the past five years. Two of these projects must involve removal of at least 200,000 cubic yards of debris. The following information is required for each reference. Use additional sheets as needed. Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ 52 | Page Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ 53 | Page Exhibit F Lobbying Certification The undersigned (Contractor) certifies, to the best of his or her knowledge, that: 1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2)If any fund other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying, “ in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. (as amended by the Lobbying Disclosure Act of 1995) Any person who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this _____________ day of _______________________, 2018 By:___________________________________________________________ Signature of Bidder/Contractor/Subcontractor’s Authorized Official 54 | Page Exhibit G Proposer’s Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (49 CFR Part 29) The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended, proposed debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Proposer agrees that by submitting this proposal that Proposer will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Proposer or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. Certification-the above information is true and completed to the best of my knowledge and belief. ______________________________________________ Printed Name ______________________________________________ Signature ______________________________________________ Date 55 | Page Exhibit H House Bill 89 VERIFICATION I, ______________________________________(Person’s name), the undersigned representative and authorized agent of_(Company or Business name)________________________________________________________________________ _ ______________________________________________________________________________ being an adult over the age of seventeen (17) years, do hereby verify that the company named above, as required under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1.Does not boycott Israel currently; and 2.Will not boycott Israel during the term of the contract the above named Company, has with City of La Porte, Texas. Pursuant to Section 2270.001, Texas Government Code: 1.“Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2.“Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ______________________ __________________________________ DATE SIGNATURE OF COMPANY REPRESENTATIVE 56 | Page Exhibit I 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 mustbe 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 57 | Page Exhibit J Performance Bond Performance Bond in the amount of five hundred thousand dollars ($500,000.00) as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal of each succeeding year shall be submitted to the Purchasing Department fifteen (15) days prior to termination date of the existing bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Texas and having resident agent. Acknowledgement and agreement is given by both parties that the amount herein above set is not intended to be or shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of the Agreement by the Contractor. In the event the contractor has multiple contracts with other jurisdictions, this Performance Bond will ensure the City of La Porte dedicated resources for assistance in the event of a disaster. Any surety shall state that either cannot be cancelled or terminate without having first provided the City of La Porte 60 days notice. 58 | Page PERFORMANCE BOND Debris Removal STATE OF TEXAS} COUNTY OF HARRIS} KNOW ALL PERSONS BY THESE PRESENTS: That Hereinafter called Principal, and Hereinafter called Surety, are held and firmly bound unto the City of La Porte, hereinafter called Owner, in the full and just sum of Dollars, ($_____________) good and lawful money of the United States of America for the payment of which well and truly to be made, the said Principal and Surety hereby jointly and severally bind ourselves, heir, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, Agreement dated _____________, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the drawings, and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to work performed there under, or the plans, specifications, or drawings, accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or the work to be performed there-under. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 59 | Page IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this __________ day of _____________________, 20_____. PRINCIPAL: By: Title: Address: SURETY: _________________________________________ By: Title: Address: NOTE: Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond. 1 | Page 2 | Page Access Report AgencyCity of La Porte (TX) Bid Number18501 Bid TitleDebris Removal Vendor NameAccessed First TimeDocuments RFP #18501 Debris Removal TFR Enterprises, Inc2018-03-22 01:28 PM CDT RFP #18501 Debris Removal Grand Cayon Minority Contracto 2018-04-11 07:26 AM CDT RFP #18501 Debris Removal D&J Enterprises, Inc2018-03-23 09:59 AM CDT RFP #18501 Debris Removal Shoreline Foundation, Inc.2018-03-26 12:33 PM CDT RFP #18501 Debris Removal CrowderGulf2018-03-23 10:04 AM CDT RFP #18501 Debris Removal DRC Emergency Services2018-03-22 01:45 PM CDT RFP #18501 Debris Removal JDR Management2018-03-22 01:00 PM CDT RFP #18501 Debris Removal Acme Inc2018-03-24 07:30 PM CDT RFP #18501 Debris Removal Onvia2018-03-22 01:01 PM CDT RFP #18501 Debris Removal BidClerk2018-03-27 11:01 PM CDT RFP #18501 Debris Removal SO2018-03-22 02:16 PM CDT RFP #18501 Debris Removal Bergeron Emergency Services, 2018-03-27 01:34 PM CDT RFP #18501 Debris Removal IMS2018-03-23 10:17 AM CDT RFP #18501 Debris Removal Reed Construction Data2018-04-06 04:43 AM CDT RFP #18501 Debris Removal AshBritt, Inc.2018-03-22 01:10 PM CDT RFP #18501 Debris Removal Perkens WS Corporation2018-03-25 11:12 PM CDT RFP #18501 Debris Removal Ceres Environmental Services I2018-03-22 02:35 PM CDT RFP #18501 Debris Removal Webtech2018-04-03 03:13 AM CDT RFP #18501 Debris Removal Sevenoutsource2018-03-23 06:51 AM CDT RFP #18501 Debris Removal Dodge Data & Analytics2018-04-12 11:19 PM CDT RFP #18501 Debris Removal Phillips & Jordan, Inc.2018-03-22 03:19 PM CDT RFP #18501 Debris Removal Wayne Enterprises2018-03-24 10:15 AM CDT RFP #18501 Debris Removal Custom Tree Care, Inc.2018-03-23 10:39 AM CDT RFP #18501 Debris Removal K & K Tractor Services LLC2018-03-22 01:08 PM CDT RFP #18501 Debris Removal Sunset Survival & First Aid, Inc.2018-03-22 02:06 PM CDT RFP #18501 Debris Removal North America Procurement Co2018-03-22 11:27 PM CDT RFP #18501 Debris Removal CMS2018-03-22 11:40 PM CDT RFP #18501 Debris Removal D&J Enterprises, Inc.2018-04-10 07:52 AM CDT RFP #18501 Debris Removal EWB Leasing, LLC2018-04-10 08:48 AM CDT RFP #18501 Debris Removal Construction Software Technolo2018-03-28 06:03 PM CDT RFP #18501 Debris Removal Tukmol General Contractor2018-03-27 11:28 PM CDT RFP #18501 Debris Removal Advanced Starlight Internationa2018-03-26 09:03 AM CDT FINAL EVALUATION WORKSHEET-RFP 1801 DEBRISREMOVAL DRC Ceres Custom Tree D & J Crowder GulfTFR Enterprises Emergency EnvironmentalCareEnterprises CRITERIA Services 12.99.31510.3510.3511.75 Price30% 8.99.26.26.98.67.8 Qualificiation of Firm and Key Personnel20% Demonstrated monitoring capabilities for 9.196.88.49.28.2 20% any disaster Experience with similar locations and sizes 15%6.757.35.16.456.96.45 of entity Record of Past Performance/References15%6.236.054.86.086.66 Final Score/Result43.8840.8537.938.1841.6540.2 Pricing Proposal to RFP #18501- Debris Removal CERES ENVIRONMENTALD & J ENTERPRISESDRC EMERGENCY SERVICES CROWDERGULFCUSTOM TREE CARETFR ENTERPRISES Item Unit Unit Unit No.PriceUnit PricePriceUnit PriceUnit PricePrice DescriptionQTYUOMExtensionExtensionExtensionExtensionExtensionExtension 8.80 Removal & hauling vegetative debris as per 5.2.1.1 1 250,000 CY9.18$2,295,000.00$2,200,000.006.75$1,687,500.009.24$2,310,000.009.45$2,362,500.008.00$2,000,000.00 Site management & reduction of vegetative debris by 3.95 grinding as per 5.2.1.2 2 250,000 CY3.38$845,000.00$987,500.002.95$737,500.003.45$862,500.003.95$987,500.002.15$537,500.00 Site management & reduction of vegetative debris by 2.95 burning as per 5.1.2.3 3 250,000 CY1.98$495,000.00$737,500.002.75$687,500.003.15$787,500.002.25$562,500.001.10$275,000.00 Loading & hauling of vegetative debris reduced by 4.50 grinding as per 5.2.1.4 4 60,000 CY3.98$238,800.00$270,000.003.50$210,000.005.75$345,000.004.95$297,000.003.01$180,600.00 Loading & hauling of vegetative debris reduced by 5.00 burning as per 5.2.1.5 5 25,000 CY3.68$92,000.00$125,000.003.50$87,500.006.80$170,000.004.95$123,750.004.01$100,250.00 10.60 Removal & hauling of C&D Debris as per 5.2.1.8 6 200,000 CY9.28$1,856,000.00$2,120,000.007.50$1,500,000.009.24$1,848,000.0011.45$2,290,000.0018.75$3,750,000.00 95.00 Removal of hazardous hanging limbs as per 5.2.1.10 7 5,000 TREES69.00$345,000.00$475,000.0065.00$325,000.00200.00$1,000,000.0095.00$475,000.0050.00$250,000.00 removal of hazardous leaning trees, over 6 & up to 12" in 60.00 diameter as per 5.2.1.11 8 250 TREES95.00$23,750.00$15,000.0065.00$16,250.0085.00$21,250.0045.00$11,250.0020.00$5,000.00 Removal of hazardous leaning trees, over 12 & up to 24" 180.00 in diameter as per 5.2.1.11 8.1 100 TREES155.00$15,500.00$18,000.00130.00$13,000.00110.00$11,000.0090.00$9,000.00100.00$10,000.00 Removal of hazardous leaning trees, over 24 & up to 36" 240.00 in diamater as per 5.2.2.11 8.2 50 TREES275.00$13,750.00$12,000.00200.00$10,000.00295.00$14,750.00175.00$8,750.00200.00$10,000.00 Removal of hazardous leaning trees, over 36 inches in 300.00 diameter as per 5.2.2.11 8.3 10 TREES395.00$3,950.00$3,000.00375.00$3,750.00450.00$4,500.00365.00$3,650.00300.00$3,000.00 28.00 Asbestos containing material (ACM) as per 5.2.1.12 9 10,000 CY24.75$247,500.00$280,000.0032.50$325,000.0050.00$500,000.0032.65$326,500.0020.00$200,000.00 78.00 White goods as per 5.2.1.13 10 1,000 EA49.00$49,000.00$78,000.0035.00$35,000.00125.00$125,000.0067.50$67,500.0040.00$40,000.00 48.00 Electronics waste as per 5.2.1.14 11 2,000 CY55.00$110,000.00$96,000.0025.00$50,000.0020.00$40,000.00175.00$350,000.005.00$10,000.00 18.00 12Portland cement concrete as per 5.2.1.15 10,000 CY12.00$120,000.00$180,000.0012.00$120,000.0040.00$400,000.0014.15$141,500.0018.00$180,000.00 1800.00 Household hazardous waste as per 5.2.1.16 13 1,000 CY25.00$25,000.00$1,800,000.0075.00$75,000.0018.00$18,000.00497.50$497,500.008.01$8,010.00 Lawnmowers & equipment with small engines as per 150.00 5.2.1.17 14 500 EA25.00$12,500.00$75,000.0035.00$17,500.0075.00$37,500.0045.00$22,500.005.02$2,510.00 12.00 Abandoned tires as per 5.2.1.18 15 1,000 EA12.00$12,000.00$12,000.002.00$2,000.0050.00$50,000.0015.00$15,000.002.01$2,010.00 $6,799,750.00$9,484,000.00$5,902,500.00$8,545,000.00$8,551,400.00$7,563,880.00 Cubic Yards removed within 30 days 200,00030,000 250,000 30,000 500,000 300,000 Cubic Yards removed within 60 days 500,00060,000 500,000 150,000 5,000,000 600,000 Cubic Yards removed within 90 days 100,000120,000 750,000 300,000 10,000,000 1,000,000 Pricing scores Custom Tree Care$5,902,500.00103 Ceres Environmental$6,799,750.008.62.58 TFR Enterprises$7,563,880.007.82.34 D & J Enterprises $8,545,000.006.92.07 DRC Emergency Services$8,551,400.006.92.07 CrowderGulf$9,484,000.006.21.86 Request for Proposal SEALED RFP #18502-Debris Monitoring Services required for use byCity of La Port Office of Emergency Management The City of La Porte issued by City of La Porte Procurement DivisionOffice 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 Officelocated at 604 W. Fairmont Pkwy, La Porte, TX 77571; or, by emailing purchasing@laportetx.gov. ProposalOpening Date:Thursday, April 12, 2018 ProposalOpening Time:2:00 p.m., Central Standard Time Proposal ReceivingLocation:City Hall Information Desk, 604 W. Fairmont Parkway, La Porte, Texas 77571 Sealed Proposalsmust be received at the City Hall Information Desk, 604 W. Fairmont Parkway, La Porte, Texas 77571 no later than date and time stated above. The proposalswill be opened and the names of the respondents publicly read in Council Chambersimmediatelyafter the closing hour for the proposals on said date. No late proposalswill be considered The City of La Porte hereby notifies all respondents that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and/or all proposals, to waive any and all technicalities and to accept any proposal or part thereof, which in the opinion of the City Council, is most advantageous to the City. In case of ambiguity or lack of clearness in stating the pricesin the proposal, the City reserves the right to consider the most advantageous proposal thereof or to reject the submittal. Published:March 22, 2018 March 29, 2018 1 | Page General Information to Respondents From Advertisement to ProposalSubmission Article 1. Requirements for Proposalsand Instructions to Respondents 1.1 The Proposal Documents The Proposal Documents include this Request for Proposal, Proposal Pages, Requirements for Proposals and Instructions for Respondents, 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 Proposal Documents, the Proposal Documents become the Contract Documents. 1.2 Preparing the Proposal Proposals are to be prepared and submitted in accordance with the provisions herein. Failure to do so may result in rejection of the proposal. Proposals must be prepared and submitted only on the forms provided within the solicitation package. Where a signature is required, an authorized representative of the respondent must do so. Evidence as to such authority may be required. 1.3 Obtaining the Proposal Documents Proposal Documents are typically provided to a respondent at no cost. If a fee is to be charged it will be so stated in the Request for Proposal. 1.3.1 Downloadable Proposal 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 Respondents that download from the City's third party resource, Public Purchase, or that receive Proposal 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 respondent’s failure to consider additional information contained therein in preparing its proposal. Further, failure to obtain the proper forms, clarifications and/or addenda from Public Purchase website and acknowledge them in the Proposal Documents when submitting the proposal will render the proposal non-responsive. Any harm to the respondent resulting from such failure to obtain all necessary documents will not be valid grounds for a protest against award(s) made under this proposal solicitation. 1.3.2 Printable Documents If a prospective respondent is unable to download the Proposal 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. Respondents are solely responsible for obtaining all Proposal Documents, including Clarifications and Addenda 2 | Page 1.4 Clarifications and Addenda Owner shall not provide interpretation of the meaning of the plans, specifications or other pre-proposal documents to any respondent orally. Such communications must be in writing. 1.4.1 Clarifications A request for such interpretation should 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. Respondents 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 3 working days prior to the scheduled time for receipt of proposals. Addenda posted less than the 3 working days prior to the scheduled time for receipt of proposals will include an extension to the original date of scheduled for receipt of proposals. Failure of any respondent to receive any such addendum or interpretation shall not relieve respondent from any obligation of submitted proposal. 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 member is contacted by a potential respondent, program staff 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 Pre-proposal conference and site visit A pre-proposal conference is not required. 1.6 Examination of the Proposal Documents and Work Site Respondents are shall carefully examine all of the Proposal Documents before completing the forms and submitting a Proposal. Respondents 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 Respondent that is awarded a contract will be solely responsible for all costs arising from and associated with that Respondent’s (i) failure tocomply with the requirements of theProposal Documents, including, without limitation, this requirement to inspect the Proposal 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 Proposal Documents. 1.7 Exceptions or Variances For the purposes of proposal evaluation, Respondents 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 proposal, the City does not necessarily accept any variance or exception contained in a proposal. All variances or exceptions submitted are subject to review and approval by the City. If any proposal contains material variances that, in the City's sole opinion, make the proposal conditional in nature, the City reserves the right to reject the proposal or part of that proposal that is 3 | Page declared by the City as conditional. 1.8 Proposal 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. 1.8.1 Taxes Materials purchased by the City of La Porte are not subject to the State of Texas Sales Tax. The City’s State of Texas Blanket Certificate is available upon request. 1.9 Completion of the Proposal Documents Each Respondent must complete all of the forms listed as required forms. The forms, including the Proposal Pages, must be completed in ink, or typewritten. Respondents may not change any of the Proposal Documents. Any changes made by a Respondent to the Proposal Documents may result in rejection of the Proposal, and will not be binding upon the City. Respondents must use the Proposal 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 Proposal Execution Page on behalf of the Respondent, by their signature, represents and warrants to the City that such individual is authorized to execute proposals and contracts on behalf of the Respondent, and that the Respondent agrees and shall be bound to all of the terms and conditions of the Proposal Documents and, upon execution by the City, the Contract Documents. Signatures must be sworn before a Notary Public. If in a response, the respondent either electronically scans, re-types or in some way reproduces the City's published proposal package, then in the event of a conflict between the terms and provisions of the City's published proposal specifications, or any portion thereof, and the terms and provisions of the proposal response submitted by the respondent, the City's proposal specifications as published shall control. Furthermore, if an alteration of any kind to the City's published proposal specifications is only discovered after the contract is executed and is or is not being performed the contract is subject to immediate cancellation. 1.10 Other Required Forms or Documents 1.10.1 Proposal Deposit Proposal deposits, if required, may be in the form of a bond, certified check, cashier's check or money order payable to the City of La Porte. Proposal bonds must be in the form provided by the City, and must be executed by a surety licensed and authorized to do business in the State of Texas. Cash is not an acceptable form of Proposal Deposit. Substantial failure to comply with proposal deposit requirements will result in rejection of the proposal. A non-substantial failure to comply with the proposal deposit requirement is a failure that does not provide a commercial advantage to a Respondent over other respondents. The City may return proposal deposits sooner, but reserves the right to hold all proposal deposits until a contract has been awarded, or in the case of multiple awards, all contracts have been awarded for the Proposal. 1.11 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 Respondent 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. 4 | Page A respondent choosing to respond to this solicitation with an alternate product(s) from those specified in the solicitation, must identify such alternate items with its Proposal with a detailed explanation and documentation in support of how the alternate items proposed by the Respondent can perform as well as or better than those specified. Unless an alternate item is so identified, it is understood that the Respondent 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 Respondent 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 Respondent is solely responsible to provide all pertinent product data with the solicitation package 1.12 Authorized Dealer/Distributor Proposals involving 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 Proposal documents will typically ask the Respondent to certify that it is an authorized dealer/distributor when this requirement is applicable. The Respondents compliance with these requirements will be determined by the Purchasing Division, whose decision will be binding. 1.13 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. 1.14 Estimated Quantities Unless explicitly stated to the contrary in the Scope of Work, Detailed Specifications, or Proposal pages, any quantities 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 quantities as are actually received and accepted as satisfactory and upon receipt of an itemized, correct invoice. 1.15 Proposal Modifications A respondent may modify their proposal by written communication at any time prior to the scheduled receipt of proposals, provided such communication is received by the Owner prior to scheduled time for receipt of proposals. Said communication should not reveal the proposal price; but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed proposal is opened. 5 | Page 1.16 Withdrawal of Proposals Respondents may withdraw their Proposal at any time prior to the date and time for Proposal opening. Requests for withdrawal must be made in writing. Respondents must make their own arrangements for the return of their Proposals. 1.17 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 the City's specifications and requirements 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 respondent'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. Entity purchase orders shall be submitted 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 of Entities, or whether Entity will purchase utilizing the City's contract. 1.18 Submission of Proposals Proposals 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 cover of the Proposal Documents, or any addendum issued by the City to change such date and/or time. The time of the receipt of the proposal will be determined solely by the time stamp used at receipt of the proposal. No proposal will be accepted after the date and time specified. 1.18.1 Proposals must be sealed and properly labeled All proposals are to be submitted in sealed envelopes. All envelopes containing Proposals must be marked "Proposal/Proposal Enclosed" and must have the Respondents name and address, the Proposal number, and the specified numbers or copies in addition to the original completed Proposal Document. 1.18.2 Respondents are responsible for Proposal delivery Each Respondent is solely and completely responsible for delivery of its Proposal to the designated delivery location before the date and time established for the Proposal opening. Any Proposal that is not delivered on time, including Proposals mistakenly delivered to other City offices, will not be accepted. The City is under no obligation to ensure that misdirected Proposals are delivered to the designated delivery location prior to Proposal opening. This article also applies to Proposals sent via U.S. Postal Service or messenger service. 6 | Page From ProposalReceipt and Evaluation to Award 1.19 Opening Proposals will be opened and read aloud publicly in Council Chambers immediately following the deadline for the submission of Proposals has passed. The public announcement of the Proposals is simply an acknowledgement of satisfactory participation and receipt of the proposal for further evaluation. All Proposals and Proposal Documents are kept confidential during the evaluation process and are not open to public inspection until after contract award. Proposals are subject to review by City Staff to determine responsiveness and responsibility. An evaluation summary will be posted upon completion of the evaluation process. 1.20 Effective Term of Proposal Unless a proposal is expressly rejected by the City, all proposals will remain in effect for sixty (60) days subsequent to proposal opening. Respondent may not withdraw or cancel or modify its Proposal for a period of sixty (60) days after the advertised closing time for the receipt of Proposals. The City reserves the right to withhold and deposit the proposal deposit of any respondent requesting withdrawal, cancellation or modification of its Proposal prior to the sixty (60) day period. The City may request that Respondents extend the effective period of their Proposals. Such requests will be made in writing, and will require the Respondent's written consent to the extension. 1.21 Evaluation and Consideration of Proposals 1.21.1 Determination of Responsiveness The City of La Porte Purchasing Division will review Proposals to determine whether they conform to the requirements of the Proposal Documents. 1.21.2 Determination of Responsibility The City of La Porte Purchasing Division has the sole discretion and authority to make the determination of responsibility. A Respondent 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 proposal. 1.21.3 Must propose all line items A Respondent must propose all line items set forth in the Proposal Pages, except to the extent that the Specification expressly allows otherwise. Proposals 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, Respondents must propos all items within a Section or Group, except to the extent that the Specification expressly allows otherwise. Respondents are not required to proposal all Sections or Groups. Proposals submitted to the contrary will be considered incomplete and as a result, will be rejected as being non responsive to this requirement. 1.21.4 Mathematical Calculations The City of La Porte Purchasing Division reserves the right to make corrections after receiving the proposals to any clerical error apparent on the face of the proposal. This includes but is not limited to obviously incorrect units or misplaced decimal points, or arithmetic errors. In the event that comparison of the Respondent's "Unit Price" and "Total Price" submitted for any line reveals a calculation error, the Unit Price shall prevail. 1.21.5 Unbalanced Proposals The Purchasing Manager or their designated representative reserves the right to reject any Proposal that, in his or her sole discretion and authority, determines is materially unbalanced. 1.21.6 Conditional Proposals Conditional proposals will not be accepted. 7 | Page 1.21.7 Respondent Debts or Defaults The City reserves the right to refuse to award a Contract to any respondent that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City, or has failed to perform faithfully any previous contract with the City. 1.21.8 Competency of Respondent Respondent, 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. Respondent should identify performance history, staffing requirements; projects of similar or like size, equipment needed or owned and subcontractors that have been used in past and similar events included with Exhibit F. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such respondent fails to satisfy the Owner that such respondent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. 1.21.9 Rejection of proposals and waiver of informalities The City Council, in their sole discretion and authority, may determine that it is in the best interest of the City to reject any or all Proposals or to waive any informality in the Proposals submitted in response to any invitation for Proposals. 1.21.10 Tie Proposals In the event of a tie in proposal evaluation outcomes, preference will be given to the respondent who offers the best value to the city in accordance with State Law. 1.22 Method of award for Request for Proposal Contract will be awarded to the responsible respondent who offers to provide the goods or services as specified and in accordance with the criteria as stated herein. A responsible respondent may be negotiated with and one or more respondents may be allowed to present a best and final offer. The City of La Porte Council reserves the right waive any informalities or technical errors, to make awards to more than one respondent, 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 proposals. For the purpose of evaluation, any item left "blank" will be deemed "no proposal". The City reserves the right to accept any item or group of items on this proposal, unless the respondent qualifies his/her proposal by specific limitations. 8 | Page 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 - Affidavit of Non-Collusion Exhibit E – References Exhibit F- Anti-Lobbying Form Exhibit G- Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Exhibit H- House Bill 89 Verification Exhibit I- Form 1295 9 | Page ARTICLE 3 -Standard Terms and Conditions 3.1 General Provisions 3.1.1 Definitions Wherever used in the Proposal, 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 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 Proposal Documents issued by the Purchasing Division prior to Proposal Opening Date which clarify, correct, or change the Proposal Requirements or the proposed Contract Documents. Agreement: The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. Attachments: all exhibits and other documents attached to the Proposal Documents and/or incorporated into the contract by reference. Best Value: Factors to be considered in determining lowest overall cost and value in making certain purchases. Ref. Texas Government Code, Section 2155.074 (Non-Information Technology Related) and Texas Government Code, Section 2157.003 (Information Technology Related). City: means the City of La Porte, a home ruled government municipality as defined by the State of Texas. Contract: upon notice of award by Purchasing Division, the contract consisting of all Proposal Documents relating to a specific invitation for proposals, and all amendments, modifications, or revisions made from time to time in accordance with the terms thereof. All such documents comprising the Contract are referred to as the "Contract Documents". Contractor: the Respondent (person, firm or entity) that is awarded the Contract by the Purchasing Division. Any reference to the Respondent in the Contract documents is understood to apply to the Contractor. Department: which may also be referred to as the using/user Department is the City Department which appears on the applicable purchase order release for goods, work or services provided under this contract. Detailed Specifications: refers to the contract specific requirements that includes but is not limited to a detailed description of the scope, term, compensation, price escalation, and such other additional terms and conditions governing this specific Contract. Effective Date of the Agreement: The date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver, unless specifically stated otherwise in the document. Force Majeure Event: an event beyond the reasonable control of a party to this Contract, which is limited to acts of God, explosion, acts of the public enemy, fires, floods, earthquakes, tornadoes, epidemics, quarantine restrictions, work stoppages not caused or unmitigated by the Contractor. Goods: A transportable article of trade or commerce that can be bartered or sold. Goods do not include services or real property. Independent Contractor: A person working for an entity under contract and not an employee of the contracting entity. The contracting entity does not pay unemployment, disability, or worker’s compensation insurance or withholding taxes 10 | Page from payments to the person. An independent contractor normally follows the contracting agency’s direction on the results of the work but not on the means of accomplishing the work. Laws and Regulations; Laws or Regulations: Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Notice of Award: The written notice by Owner to the Successful Respondent stating that upon timely compliance by the Successful Respondent with the conditions precedent listed therein, Owner will sign and deliver the Agreement. Notice to proceed: A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the work under the Contract Documents. Owner: The entity, City of La Porte, with whom the Contractor has entered into the Agreement and for whom the Work is to be performed. Party: or collectively Parties refers to the entities that have entered into this Contract includingthe Contractor and the City. Payment Bond: A bond executed in connection with a contract which secures the payment requirements of the contractor. Performance Bond: A surety bond which provides assurance of a respondent’s performance of a certain contract. Acceptable forms of bonds are those described in the definition for “proposal deposit.” Proposal: An offer to contract with the City, submitted in response to a proposal invitation. Proposals are usually non-negotiable unless resulting from a Request for Proposal. Proposal Deposit: A deposit required of respondents to protect the state in the event a low respondent attempts to withdraw its proposal or otherwise fails to enter into a contract with the state. Acceptable forms of proposal deposits are limited to: cashier’s check, certified check, or irrevocable letter of credit issued by a financial institution subject to the laws of Texas and entered on the United States Department of the Treasury’s listing of approved sureties; a surety or blanket bond from a company chartered or authorized to do business in Texas. Proposal Documents: The Proposal Requirements and the proposed Contract Documents (including all Addenda). Proposal Opening: The public opening of proposals, in which the names of the respondents responding to a solicitation and prices of the respondents are publicly read and recorded, unless in a Request for Qualifications or Request for Proposal where only the respondent names are stated. Proposal Opening Date: date and time publicly advertised by the Purchasing Division as the deadline for submission of Proposals. Proposal Requirements: The Advertisement or Request for Proposal, Instructions to Respondents, proposal security of acceptable form, if required, and the Proposal Form with any supplements. Proposal Tabulation: The recording of proposals and proposal data submitted in response to a solicitation. Pricing is not included. 11 | Page Purchase Order: a written purchase order from the City referencing this Contract. Purchasing Division: The office designated to purchase goods and services for the City of La Porte. Respondent: person, firm or entity submitting a Proposal in response to an invitation for proposals; for RFPs and RFQs, references may be made to "Respondents". Once the Contract is awarded the Contractor shall assume that all references to a Respondent and such attendant obligations apply to the Contactor. Responsive: The respondent has complied with all material aspects of the solicitation document, including submission of all required documents. Responsible: The respondent has the capability to fully perform and deliver in accordance with the contract requirements. The agency may include past performance, financial capabilities and business management as criteria for determining if a respondent or proposer is capable of satisfying the contract requirements. Services: refers to all work, services and materials whether ancillary or as required by the Detailed Specifications that Contractor provides in performance of its obligations under this Contract. Specification: means the Proposal Documents, including but not limited to the detailed specifications consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Subcontractor: means any person or entity with whom the Contractor contracts to provide any part of the goods, services or work to be provided by Contractor under the Contract, including subcontractors of any tier, suppliers and material men, whether or not in privity with the Contractor. Successful Respondent: The Respondent submitting a responsive Proposal to whom Owner makes an award. 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 proposal 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. 12 | Page 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 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 municipal 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. 3.1.2.4 Severability If any term or provision of this Contract shall be held to be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 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 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 proposal. 3.1.2.6 Entire Contract The Contract Documents constitute the entire agreement between the parties and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be modified, superseded or otherwise changed, except by the subsequent written agreement of the parties. 3.1.2.7 Non-Exclusive Contract This Contract shall be non-exclusive and the Owner may procure the services contemplated hereby from other sources at the Owner's discretion. 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. 13 | Page 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 solely responsible to verify that neither the Subcontractor nor any of its owners is debarred by Office of Federal Contract Compliance Programs or otherwise ineligible to participate on City Contracts. All information required of submitting Contractor is also required from any proposed subcontractor or firm prior to their being utilized in the performance of this Contract. 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. Contractor is fully responsible for the actions or inactions of its subcontractors and for the compliance of all subcontracting 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 proposal requirements of the City and Texas Local Government Code §252, as amended. Respondents shall comply with all applicable federal, state and local laws and regulations. Respondent 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. 14 | Page 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 proposal. 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. 15 | Page 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, shall file a completed conflict of interest questionnaire with the City within 7 business days after the latter of: 1) date the person begins discussions or negotiations to enter into a contract, including submission of a proposal or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is included as Exhibit C and must be signed and 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. Please consult your own legal advisor if you have questions regarding this form. 3.1.4.10 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 towhich 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. 3.1.4.11 Disclosure and Ownership of Documents Contractor shall deliver to Owner or Owner's designated representative for approval and acceptance, prior to the Owner's final payment hereunder, all documents and material prepared and/or utilized by contractor in connection with this Contract. All oral and written information not in the public domain or not previously known, and all information and data obtained, developed or supplied by the Owner, or at its expense, will be kept confidential by Contractor and will not be disclosed by Contractor to any other person or entity, either directly or indirectly, without the Owner's prior written consent, unless otherwise required by lawful court order, after a 16 | Page hearing at which the Owner is represented. All drawings, maps, sketches, programs, data bases, reports and other data developed, produced, created or purchased under or pursuant to this Contract for or at the Owner's expense shall be and remain the Owner's sole property and may be reproduced at the discretion of the Owner. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to, any representations made relating to disclosure or ownership of documents and information, shall survive the execution, delivery, and termination of this Contract. 3.1.4.12 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. 3.1.4.13 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. 3.1.4.14 Successors and Assigns This Contract shall be binding upon the parties and their respective successors and assigns; provided, however, that this Contract may not be assigned by Contractor without the prior written consent of the Owner which consent may be withheld at the sole and absolute discretion of the Owner. No provision hereof shall be deemed to create any personal liability on the part of any officer, agent, or Debris Monitor for the Owner, nor shall this Contract be deemed to create any rights or benefits to any person other than the Owner or Contractor. 3.1.5 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. 17 | Page 3.2 Compensation Provisions Unless otherwise provided in the Scope of Work and Detailed Specifications, a Notice to Proceed will be issued by the City and sent to the Contractor. Because these services will be required as the result of an emergency, a purchase order may be issued after the Notice to Proceed has been issued. Contractor must mobilize and commence work based upon this Notice. 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. Contractor shall not pledge the Owner's credit or make the Owner a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. Contractor further represents and warrants that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 3.2.1 Invoices and Payment The Owner will only pay for those items deemed Eligible in accordance with City guidance, unless the owner otherwise agrees in writing. Contractor shall be paid only for the services rendered and accepted in accordance with the pricing specified in the Proposed Rate Schedule attached hereto as Exhibit A for eligible debris. Owner does not guarantee Contractor a specific amount of work or a specific amount of compensation under this Contract. 3.2.1.1 Payments The City will make payment for the approved, eligible services performed in accordance with this Agreement within 30 days of submission of invoice. All invoices are subject to review and approval by Owner or Owner's designated representative. 3.2.1.4 Final Billing Contractor shall include the words "final invoice" on Contractor's final billing to the Owner. This statement by Contractor shall constitute Contractor's certification that all services have been properly and completely performed by Contractor and all charges and costs have been properly invoiced to the Owner and that all such charges are for eligible services. Since this account will thereupon be closed, any and all further charges not originally included in this invoice submitted and marked as "final invoice" shall be deemed waived by Contractor. 3.2.2 Records, Access and Audits Contractor shall maintain adequate records to justify all charges, expenses and costs incurred in performing the Services for a period of at least three (3) years following completion of this Contract. Owner may request separation of documentation by debris type or project type. The City of La Porte reserves the right to inspect and audit the Contractor's payroll records to verify compliance with all applicable wage and hour laws and labor statutes including, but not limited to, payment of minimum wage, payment of overtime, and payment of mandatory withholdings. 18 | Page Upon receipt of final billing by the City, Contractor shall affirm that all required documentation has been provided to the City for retention in accordance with applicable Law. 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 Law 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. 3.3.2.1 Costs Associated with Noncompliance 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. 19 | Page 3.4 Contract Disputes 3.4.1 Dispute Resolution The Contractor, and Owner 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. 3.4.1.1 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 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 an effort to resolve the claim. 3.4.1.2 Conference between senior representatives The disputing party shall give written notice of an appeal to the other party . Within 10 days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include: a statement of each party's position and a summary of the evidence and arguments supporting the position, and the name and title of the executive offices that will represent that party. The executive officers shall meet at a mutually acceptable time and place with twenty days of the date of the notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. 3.4.1.3 Mediation If the controversy or claim has not been resolved within thirty days of the meeting of the Senior Representatives, the parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation currently in effect. The request may be made concurrently with the filing of a demand for litigation, but, in such event, mediation shall proceed in advance of litigation, which shall be stayed pending mediation for a period of sixty days from the date of filing, unless stayed for a longer period by agreement of the parties. Request for mediation shall be filed in writing with the other party to the Contract and with the American Mediation Association. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any controversy or claim to mediation under the terms of this contract in which no party's total disclosed claim of counter-claim exceeds $75,000, exclusive of interest, the parties shall participate in mediation under the Fast Track Procedures as set forth in the Construction Industry Mediation Rules of the American Arbitration Association. 20 | Page Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where the parties agree, the dispute shall be resolved by submission of documents, as provided for in rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the American Arbitration Association. 3.1.4.4 Limitation on Consolidation of Joinder No mediation shall include, by consolidation or joinder or any other manner, parties other than the Owner, Contractor and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in mediation. No person or entity other than the Owner, Contractor shall be included as an original third party or additional third party to a mediation whose interest or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not constitute consent to mediation of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to mediate and other agreements to mediate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 3.1.4.5 Claims and timely assertion of claims The party filing a notice to demand for mediation must assert in the demand all Claims then known to that party on which mediation is permitted to be demanded. 3.1.4.6 Judgment on final award The award rendered by the mediator or mediators and agreed to by the parties of the Agreement shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 3.1.4.7 Non-Jury Trial Any claims disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth above shall be resolved through litigation. The parties stipulate that venue for any such proceedings shall be in the district courts Harris County, Texas. In the event the parties are forced to litigate their disputes, owner and contractor agree to each waive their right to a trial by jury and further agree that the judge shall be the sole finder of fact and rule on the law of the case, without a jury. This contract shall be construed and enforced in accordance with the laws of the State of Texas, without regard to conflicts of laws. 3.5 Events of Default and Termination Contractor may terminate this Contract upon thirty (30) days written notice to the Owner, provided, however that during such thirty (30) days (or until earlier release by the Owner), Contractor shall continue to diligently perform all duties hereunder. The owner may cancel this Contract at any time for any reason, with or without cause, upon written notice to the Contractor. If this Contract is terminated by the Owner with written notice to contractor, the Contractor shall be paid for the eligible work performed to the time of termination. The termination of this Contract by the Owner for inadequate performance shall not relieve Contractor of any obligations and liabilities that have accrued at the time of such termination. If this Contract is so terminated, the Owner shall be liable only for goods or services then delivered by Contractor and accepted by the Owner. Such termination shall be effective as of the date and time designated by the Owner. 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; 21 | Page B. Contractor's material failure to perform any of its obligations under this contract including: failure to perform any material provision hereof; 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. 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 Contractor shall be entitled to exercise any and all rights and remedies available under the laws of the State. In the event of a default by Contractor, the Owner shall be entitled to exercise any or all of the following remedies, alone or in conjunction with others: (a) the termination of this Contract; (b) the withholding of the retainage specified herein to be applied to damages incurred by reason of such default; and (c) the exercise of all other rights and remedies available under the laws of the State of Texas. 3.6 General Requirements of Respondent 3.6.1 Proposal Proposal shall be prepared and submitted in the format detailed in Article 4.9. 3.6.2 Personnel and Equipment Contractor warrants compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. Personnel engaged in performing these services shall be competent, fully qualified, and if necessary, authorized under applicable law to perform such services. Contractor warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the industry. Use of Contractors or subcontractors on the federal debarment list is prohibited in the performance of this Contract. 22 | Page 3.6.2.1 Non Discrimination Contractor represents and warrants that all of its employees are and shall be treated equally during employment by Contractor without regard to race, color, religion, physical handicap, sex, age or national origin. The City of La Porte encourages utilization of minority firms, and women business enterprises and labor surplus firms for participation in subcontracting opportunities. 3.6.2.2 Contractor Personnel assigned to this contract Prior to an employee commencing work associated with this Contract, Contractor must determine suitability for work of their employees. After work has begun, the City retains the right to perform drivers license checks on Contractor employees. Documents proving legal residency may also be audited during the course of the Contract. Contractor MUST remove any employee from these services who is convicted of a felony during this employment. Failure to do so may result in termination of the Contract. The City reserves the right to require immediate removal of any Contractor employee from City service it deems unfit for service for any reason not contrary to law. This right is non-negotiable and the Contractor agrees to this condition by accepting this Contract. Contractor should have enough qualified people with current background checks so as to be able to provide a replacement within twenty-four (24) hours. Failure to provide a satisfactory replacement within twenty four (24) hours may be cause for termination of the Contract. All persons employed by Contractor shall be United States citizens or possess proper documents demonstrating that they are legal aliens. Contractor is responsible for ensuring that all employees observe all City ordinances and codes when conducting business on City premises. Contractor shall be fully responsible for the conduct and actions of all Contractor employees and subcontractors. Contractor's personnel or subcontractors shall not exhibit any pattern of discourteous behavior to the public or otherwise act in a manner contrary to the best interests of the Owner. Contractor or anyone employed by or subcontracted by Contractor shall not charge any resident, business or institution for work performed under this scope of work, nor shall Contractor or anyone employed or subcontracted by Contractor accept any additional monies from any resident, business or institution for work performed under this scope of work. 3.6.2.3 Supervision Supervision shall be literate and fluent in the English language. Supervision shall also be capable of communicating fully with all Contractors' employees in the event they do not speak English. The City's authorized representatives will be the sole judge of the communication level. Contractor shall provide documentation that the supervision has the necessary skills. 3.6.3 Payment Adjustments The City of La Porte requires complete performance of the required tasks indentified in this specification. Failure to satisfactorily accomplish said requirements, where due to the carelessness, neglect or fault of the contractor, shall constitute a deficiency for which a if Contractor fails correct, may result in the services being performed by others with the cost charged to the Contractor. In that inadequate performance is just as undesirable as non-performance and the cost of correcting inadequate performance may equal, or exceed, the cost of initial services, the actual costs will control in all cases, as distinguished from any estimates based on the Contractor's quoted price, or his probable cost, had he performed the work. 23 | Page ARTICLE 4 Special Conditions 4.1 Respondent's Minimum Qualifications Respondents must demonstrate that they have the resources and capability to provide the materials, labor and services as described herein to the extent necessary so as to insure that all charges incurred by Owner with respect to said services hereunder. The Owner will only pay for those items deemed Eligible in accordance with City, guidance, unless the Owner otherwise agrees in writing. All applicable Federal, State and/or local regulations or any other governing agency guidelines for the collection, transportation, temporary staging and final disposal of debris must also be demonstrated. ALL RESPONDENTS must submit documentation to support these qualifications. Failure to do so may be cause for proposal to be deemed non-responsible and rejected. The following qualifications shall be met in order to be eligible for this contract: be licensed to do business in the State of Texas; be able to provide debris monitoring services as defined in the Articles of this solicitation ; be willing and capable of performing the services, including but not limited to, proper documentation preparation, management and event closure services; be knowledgeable and have experience in providing of the services as described herein, and to ensure that all services are delivered in accordance with State and Federal regulations as hereinafter defined; demonstrate financial stability, availability of personnel necessary to meet the obligations of this contract; and demonstrate insurability and bonding capability be eligible to perform the services in that Contractor has not been declared debarred by the Office of Federal Contract Compliance Programs 24 | Page 4.2 Time is of the Essence: A. Contractor understands that time is of the essence in the performance of this Contract and that suitable equipment, personnel and other necessary resources must be available to commence work in accordance with these specifications. B. Contractor agrees to provide necessary insurance certificates and to commence the performance of services under this Contract no later than seventy-two (72) hours after execution hereof. C. Contractor agrees to work diligently to complete this Contract by the earliest possible date; however, in no event shall the time period for completion of this contract exceed 90 days from Notice to Proceed for complete performance in every respect under this Contract, unless Owner initiates additions or deletions to the Contract by written change orders, or in its sole discretion extends this period due to the progress of the debris removal, or the Contract is terminated as provided herein. D. Both parties pursuant to applicable federal, state and local law will equitably negotiate subsequent changes and completion time. E. Contractor shall provide progress reports to the Owner and/ on a weekly basis or more frequently as requested by the Owner. 4.3 Working Conditions Contractor represents that it has inspected the areas where debris is to be collected and removed and is familiar with the City of La Porte roadway system, roadway widths, and other factors that will affect the work to be performed and has not relied on any representation of conditions made by any officer, agent or employee of the Owner. Contractor understands that any information provided by the Owner is meant only to assist the Contractor and contractor agrees to rely on its own knowledge and investigation and not any assistance provided by Owner. Contractor acknowledges that it is prepared for potentially adverse working conditions including, but not limited to, limited fuel supplies, limited housing availability, limited food and water supplies, and wet, muddy conditions, and that these factors were considered in determining the costs originally agreed upon by the parties. 4.4 Modifications of Work The Owner reserves the right to make changes in the services including alterations, reductions or additions thereto. Upon receipt by Contractor of the Owner's notification of a contemplated change, Contractor shall (a) if requested by the Owner, provide an estimate for the increase or decrease in cost due to the contemplated change, (b) notify the Owner of any estimated change in the completion date, and (3) advise the Owner in writing if the contemplated change shall affect Contractor's ability to meet the completion dates or schedules of this Contract. If the Owner instructs in writing, Contractor shall suspend work on that portion of the services affected by a contemplated change, pending the Owner's decision to proceed with the change. If the Owner elects to make the change, the Owner shall issue a contract amendment or change order and Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by both parties. This contract and all attachments hereto are subject to modifications as Federal, State and/or local regulations may require. 4.5 Inspection and Defects The City will have the right to inspect any services 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 or services performed. Should errors defects or non conformances be discovered in either the initial or subsequent inspection, the City may exercise appropriate remedies in accordance with the laws of the State of Texas in addition to any other remedies specified in this agreement. 25 | Page 4.6 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. 4.7 Contract Administrator The City of La Porte, under this Contract, may appoint a Contract Administrator(s) with designated responsibility to ensure compliance with Contract requirements, such as but not limited to, acceptance, inspection and delivery. A Contract Administrator serves as liaison between the City's Emergency Management Coordinator (which has the overall Contract Administration responsibilities) and the successful Proposer. 4.8 Proposal and Submittal Requirements Respondents must prepare and submit their response in the format listed below. 4.8.1 Management Summary Provide a cover letter indicating the underlying philosophy of the firm in providing the service. Proposers shall also provide a comprehensive organizational chart. The cover letter and organizational chart shall be limited to one (1) page each and must be signed by an Officer of the Company. Corporate Experience and Capacity State the size of firm’s staff, the location of office from which this service is to be performed and the number and nature of the staff to be employed in the performance of this service on a full-time basis and the availability, number and nature of staff to be so employed on an as needed, or staff-leveled basis to satisfy the contract. 4.8.2 Statement of Qualifications A company profile including the complete legal name of the company, number of years in business, history, and business address; A detailed description of experience with service requested, including the number of years and specific areas of knowledge and experience; Primary contact(s) experience and background (resumes of key staff that may be employed by the agreement), and/or experience and background of all principals of the firm, particularly experience with the Houston metropolitan area, including contact information (office and cell phone numbers, e-mail address); Provide results, in measurable terms, which demonstrate the success of past contracts. Provide information indicative of experience in other projects of similar complexity Capacity to perform services in a timely manner is critical and may be impacted by other obligations of the Contractor. Provide a listing of all pre-positioned or pre-event contracts, debris monitoring or otherwise, by which Contractor is currently bound and/or is considering. Please indicate those that are within a 50 mile radius of La Porte, Texas; and Certify that Proposer, nor any employee thereof, has any conflict of interest, either direct or indirect, in connection with the services sought herein pursuant to Federal or Texas law. 26 | Page 4.8.3 References Include a reference list of at least Five (5) clients to whom the Proposer has provided similar services as prime contractor within the past five years. The following information is required for each reference. Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of debris monitored: __________________________________ Name of Debris Removal Contractor _____________________________ 4.9.4. Fee Schedule Each proposer must complete and submit the Cost Proposal Form/Fee Schedule attached in Appendix A: Proposal Form. Cost will be evaluated using the hourly rates submitted for the labor positions listed. The hourly labor rates shall include all applicable overhead, profit, overtime, and all normal expenses including lodging, meals, transportation and per diem. Special costs such as boat rental and marine expenses may be billed to the Owner at cost without mark-up. Proposer may also include additional optional positions and services. ARTICLE 5 Scope of Services and Detailed Specifications 5.1 General The City of La Porte, Texas (the “Owner”) is seeking proposals from qualified proposers for monitoring and overseeing debris removal contractors and services. Proposers shall specifically demonstrate their experience and ability to supervise, monitor, and document in accordance with all applicable Federal, State and/or local regulations or any other governing agency guidelines for the collection, transportation, temporary staging, and final disposal of debris generated by a disaster. Contractor shall provide the expertise, personnel, supervision, facility, tools, materials, equipment, transportation and any other items necessary to ensure compliance with Federal, State and local regulations. The ability of the Contractor to monitor debris removal for any disaster-related event shall be the main consideration for award. Cleanup, demolition and removal will be limited to: 1.That which will eliminate any immediate threats to life, public health and safety; 2.That which has been determined to eliminate immediate threats of significant damage to improved public or private property; and 3.That which is considered essential to ensure economic recovery of the community to the benefit of the community at large Proposer must demonstrate knowledge of the Federal Emergency Management Agency (FEMA) Public Assistance Debris Management Guide for coastal community recovery including, but not limited to: Right-of-Entry (ROE) administration and data base management Private property vegetative hazard removal monitoring Private property demolition coordination and monitoring Public property debris clearance and removal 27 | Page Other services that may be required of the contractor include damage assessments, training, emergency planning, infrastructure restoration, inter-agency coordination and the ability to effectively communicate with all levels of local, state or federal agencies. Contractor shall be prepared to respond to the City’s notice to proceed within 72 hours with a sufficient number of qualified personnel to satisfy the immediate demands of the disaster-generated event and the on-going staffing demands (leveled) for the project duration. 5.1.1 Background The City of La Porte, hereinafter referred to as "City", has a population of nearly 35,000 and is located along the Texas Gulf Coast near Galveston Bay. The City is vulnerable to natural disasters such as hurricanes, tornadoes and floods and to man- made disasters such as oil spills, hazardous material spills or releases. Natural disasters in particular often produce large volumes of debris. One of the first essential steps in securing the community post event is the removal of debris or other hazards to allow for security, emergency and other services, and vehicular and pedestrian traffic by clearing blocked roadways or drives, obstacles to emergency vehicles, hazardous fallen trees, leaning trees and other hazards on both public and private property. 5.1.2 Intent The City of La Porte is seeking competitive proposals from qualified proposers for debris monitoring services should a disaster generated event such as a hurricane, storm, tornado or other events occur. At a minimum, the services will include overseeing and managing of all debris removal determined necessary to eliminate any immediate threat to life, public health or safety; to eliminate immediate threats of significant damage to improved public or private property; and those properties considered essential to ensure economic recovery of the affected community to the benefit of the community at large. The successful respondent shall be capable of providing other disaster related monitoring services such as industrial spill cleanup and restoration and/or any other related services following a disaster generated event up to and including the monitoring of overall disaster recovery efforts. Other related services may include monitoring the cleaning and restoration of shores, rivers and canals, removal and staging of abandoned motor vehicles and marine vessels, and hazardous waste and contaminated debris removal and disposal, more fully described later within this RFP. The City is interested in establishing contracts with a primary and one additionally qualified firm as a secondary source of monitoring services. The successful respondent(s) will enter into a pre-event agreement with the City to provide said monitoring services at no immediate cost to the City. There will be no retainer paid in order to keep the contract in effect. Contract shall be based on “as-needed” services in the event of a disaster-generated event. The potential contract awarded as a result of this procurement will be a “requirements” contract, with no quantities guaranteed. The City will negotiate an agreement with the respondent(s) whose proposal is the most advantageous to the City considering the relative importance of the evaluation factors included in the RFP. The City currently has multiple existing stand-by contracts in place for emergency disaster-generated events including the debris removal. 5.1.3 Definitions/Abbreviations Please refer to the FEMA Debris Management Guide (FEMA 325) for any definitions not specifically listed, and as such glossary is amended. City of La Porte – hereinafter shall be referred to as City or Owner. Any direction given by the City will be coordinated by the Emergency Management Coordinator or authorized designee and for the purposes of this proposal will be stated as “by the City”. Debris – includes all forms of disaster-generated and/or deposited debris such as, but not limited to vegetative, demolition, construction, household goods, hazardous and industrial waste materials, and vessels or vehicles irrespective of its form or value 28 | Page Debris removal –shall be determined as removal of disaster generated debris, as described above, necessary to eliminate immediate threats to life, public health and safety; that which has been determined to eliminate immediate threats of significant damage to improved public or private property; and that which is considered essential to ensure economic recovery of the affected community to the benefit of the community at large. Emergency Operations Center – hereinafter referred to as the EOC Federal Department of Transportation – hereinafter referred to as the FDOT Federal Emergency Management Agency – hereinafter referred to as FEMA Federal Highway Administration – hereinafter referred to as FHWA Hazard Waste includes the following and is described as any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which because its quantity, concentration or physical, chemical or infectious characteristics may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed such as: Household hazardous waste (HHW) Hazardous or toxic waste (HTW) Industrial waste (IW) Household appliances – hereinafter referred to as white goods which shall include household and industrial appliances such as refrigerators, stoves, dishwashers, etc. Notice to Proceed – hereinafter referred to as NTP Right of Entry – hereinafter referred to as ROE Right-of-way – hereinafter referred to as ROW Temporary Debris Storage and Reduction Site – hereinafter referred to as TDSRS Texas Department of Transportation – hereinafter referred to as TXDOT U.S. Department of Transportation Manual or Uniform Traffic Control Devises – hereinafter referred to as MUTCD. 5.2 Specifications 5.2.1 General Monitoring services providers shall oversee and ensure proper inspection and proper documentation of the cost effective and efficient clearance, removal and lawful disposal of debris from all public streets, roads and other right-of-ways, including any other locally-owned facility or site as may be directed by the City in accordance with Federal requirements and best practices of the industry. The cleaning and restoration of shores, motor vehicle removal, collection, storage and disposal of boats severely damaged by the disaster event, and abandoned in or on the marinas and beaches of the jurisdiction will also be monitored by the Contractor. The ability to document the identification, separation, collection, transportation and disposal of disaster-generated debris determined to be hazardous and/or contaminated; thereby requiring that it be separately managed from other debris shall also be monitored. Contract services will only be performed when an approved Notice to Proceed issued by the City of La Porte. 5.2.2 Minimum Requirements Successful respondent, upon award, shall be responsible for the development of a comprehensive scope of services to be provided, but, at a minimum shall be required to satisfactorily perform the requirements of these specifications including the following: 5.2.2.1 Facilities Provide at Contractor’s expense temporary office(s) and sanitary facilities for personnel engaged during the project. 5.2.2.2Protective Equipment Provide at Contractor’s expense personal protective equipment to all employees including, but not limited to, eye protection, hearing protection, safety shoes, safety reflective vests, hard hats, wet and cold weather clothing in accordance with all Federal, state and local requirements. 29 | Page Personnel engaged in monitoring activities shall wear a plainly marked D.O.T. Class II reflective traffic vest identifying those personnel as employees of the contractor. All employees must display company identification. 5.2.2.3Signage Provide at Contractor’s expense signage for any vehicle engaged in monitoring activities. Signs shall be visible on the rear and both sides of each vehicle. 5.2.2.4Documentation of Field Work Coordinate with Owner to determine best methods of documentation of field work. Develop a multi-part ticket for field loads that contains, at a minimum, date, time, truck and driver identification information, and specifics relating to the content and location of the debris being loaded. This field ticket is to be delivered to the temporary debris storage and reduction site (TDSRs) or to the disposal site with the load for rating. Document trees that contain hanging limbs and trees which need to be removed Assess and monitor wet debris removal, including drainage and navigable waterways within the City limits. Utilize maps to document the debris removal progress. The final pass along each roadway shall be mapped for the Owner’s information and documentation. Contractor shall assist the Owner in public communication and relay any citizen complaints for action by the contractor or Owner. 5.2.3Personnel At the discretion of the City, Contractor may be required to replace any employee assigned to the project immediately upon request. Contractor must demonstrate the ability and flexibility to adjust headcount up or down in a timely fashion as requested by the City or as necessary dependent on the severity of the disaster-generated event or progress of the work while maintaining an acceptable level of skills of the workforce. 5.2.3.1Safety Contractor must demonstrate the ability and flexibility to adjust headcount up or down in a timely fashion as requested by the City or as necessary dependent on the severity of the disaster-generated event or progress of the work while maintaining an acceptable level of skills of the workforce. Personnel must be trained in safety and disaster specific information. Requires Owner involvement so that everyone has the same understanding of the disaster specific guidance for debris removal. Training records must be made immediately available to Owner upon request. 5.2.3.2Background Checks Conduct criminal background checks on each employee providing field supervision at Contractor’s expense. This information shall be made immediately available to Owner upon request. Conduct a driver’s license check to determine that all personnel operating a motor vehicle on the streets and highways in the City has a current, valid U.S. driver’s license. A license check report shall be made immediately available to Owner upon request. 5.2.3.3Training Provide personnel trained in the skills required to monitor each loading crew and assume responsibility for making the determination as to whether each load is related to the disaster and record the street address on each load ticket. 30 | Page 5.2.3.4Field Monitors Provide trained personnel to act as monitors at TDSRS and disposal sites to call loads based on the amount of debris in each truck. It is imperative that these monitors make accurate calls to safeguard public funds. Inspect trucks to ensure they are empty as they leave the site(s). Review truck certification worksheets to ensure they have not been modified to affect their documented capacity (e.g., shortened or removed sideboards) Provide similar systems to be used to verify, track and document hauling of reduced debris from TDSRS sites through final disposal, if applicable. Provide trained personnel to perform as roving monitors, field coordinators, and supervisory personnel to ensure that field monitors are making accurate eligibility determinations, are properly documenting the loads and are working effectively with the debris removal contractor(s) Provide a trained team of individuals to inspect and certify vehicles for hauling disaster-related debris in accordance with Federal, State and local guidelines. Provide certification sheet with measurements, photos and calculations documenting truck capacities for load rating and ticket auditing purposes Provide summary books to be kept at each TDSRS or disposal site for quality control purposes 5.2.3.5Availability Debris monitoring personnel shall be made available to work at all times that work requiring monitoring occurs, as per the applicable governing law(s). Hauling of the eligible debris to the TDSRS will be allowed only during visible daylight hours between dawn and dusk. Contractor(s) may work during these hours 7 days per week, including holidays. It is to be understood between the parties debris reduction at the TDSRS may take place twenty-four hours per day, seven days per week if those Contractor(s) deem it necessary and safe, subject to City approval. 5.2.3.6 Staffing Levels Staffing levels must be maintained so as not to interfere with other Contractors or with the requirements of the City. It is expected that staffing will be maintained at appropriate levels throughout the project so as to complete the required project activities (including invoice reconciliation and documentation) within 30 days following completion of debris hauling, removal and final disposal. 5.2.3.7Inspection Tower In the absence of a contract hauler, provide at contractor’s expense a roofed inspections tower sufficient for a minimum of three (3) inspectors to inspect all incoming and exiting loads. 5.2.4Data Management Establish a data management team to reconcile load ticket information daily. An electronic ticketing system with daily hauling reports submitted in an Excel format shall be used. . Data will be provided to Owner and/or to debris removal contractors. Field information including GPS coordinates or addresses for work in progress and debris removal progress must be organized and managed. Periodic comprehensive reporting to include status of debris clearance, reconciled tickets and invoices shall be provided to Owner upon request. Staff must have the ability to work effectively with the debris removal contractor(s) to reconcile invoices and to help process invoices for recommendation to the Owner. 5.2.5Monitoring Perform pre-validation assessments under direction of the Owner for as much debris/tree trimming as is possible prior to actual removal efforts taking place. 31 | Page 5.2.5.1 Emergency Road Clearance Monitoring emergency road clearance to include removal of debris from the primary transportation routes as directed by the City. 5.2.5.2 Public Property Monitoring and supervising debris removal from public property to include right-of-ways as necessary to abate imminent and/or significant threats to the public health and safety of the community. 5.2.5.3 TDSRS The City will provided a prepared TDSRS. Contractor is responsible to equip, maintain and staff the prepared site(s). Maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling including provision of stone for any roads that require stabilization for ingress and egress or using fill dirt in ruts created by equipment. The facility shall include a roofed inspections tower sufficient for a minimum of 3 inspectors to inspect all incoming and exiting loads. Owner is responsible for obtaining all permits. 5.2.5.4 Processing Monitoring the processing of debris in accordance with all local, State and Federal laws, standards and regulations. Processing includes, but is not limited to, reduction by tub grinding and/or incineration, when approved by the City. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods, and hazardous waste. All white goods shall be disposed of in accordance with applicable Federal, State and local laws. 5.2.5.5 Hazardous Waste Monitoring generated hazardous waste abatement as identified by the City in accordance with all applicable Federal, State and local laws, standards and regulations. 5.2.5.6 Inspections Coordinate and monitor inspections by the City of debris so as to ensure compliance with the contract and applicable laws. Contractor will, at all times, provide the City access to all work sites and disposal areas. Contractor and the City will have in place the TDSRS personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the site(s) 5.2.5.7 City Liaison Act as liaison on City’s behalf with debris removal contractor(s) to coordinate meetings, help expedite work, and identify/resolve problems or issues that may arise during the project 5.2.5.8 Stumps Monitor removal of all stumps determined by the City to be hazardous to public access. Stumps shall be inspected and categorized by size at their point of origin. Ensure holes created by the removal of hazardous stumps and other areas are filled so they do not pose a hazard to public safety and access as determined by the City. 32 | Page 5.2.6 Response Time Response to the recovery process must be immediate, rapid and efficient with acceptable proven cost control methods, accountability procedures, document control procedures, written reports and submittals processes in place to ensure an adequate record and accounting of all activities performed. 5.2.7 Other Services Provide other services not specifically identified in this RFP that may be needed to provide a complete debris management project or those functions required for materials management, removal and disposal resulting from events other than disastrous events. 5.2.8 Additional Requirements 5.2.8.1 Contract Term The initial Term for this Non-exclusive Contract will be for one (1) year from date of execution (last date set forth on the signature page) with four (4) possible one-year extension options, unless terminated earlier pursuant to the Termination provision, or extended according to the terms of the Term Extension provision. 5.2.8.2 Execution of Contract Failure to execute a contract and proved certificate of insurance, as provided herein, within fifteen (15) working days, after the offeror has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and forfeiture of proposal bond surety. ARTICLE 6 Insurance Requirements 6.1 Requirements Contractor shall not commence work under this contract until all insurance requirements have been met as presented under this Article and such insurance has been approved by the City, nor shall the contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Contractor is required to maintain, at all times during the performance of the contract, the insurance detailed in the proposal specifications (Exhibit B). ARTICLE 7 Proposal Pages and Evaluation Criteria 7.1 Proposal Respondent shall provide their proposal in a properly marked and sealed envelopes. Please submit one (1) original and (1) copy and one (1) electronic format. . 7.2 Evaluation Criteria The following evaluation criteria shall apply for this solicitation: These criteria shall be used to determining the successful Contractor. Contractor demonstrating the best value to the City of La Porte in accordance with Local Government Code 252.043. In determining the best value we may consider a combination of many factors included within the specifications 33 | Page including, but not limited to, how well the City's needs are met; purchase price; past relationship with the City; reputation or reliability of respondent; completeness of services offered during the performance of the contract or a combination of many factors included within the specifications. The evaluation of proposals and selection of a provider shall be at the sole discretion of the City. The criteria are as follows: 1. Cost for Services 30% 2. Qualifications of firm and key personnel 20% 3. Demonstrated monitoring capabilities for any disaster 20% 4. Experience with similar locations and sizes of entity 15% 5. Record of Past Performance/References 15% The evaluation committee may request interviews from the top respondents. If invited to participate in an interview please be prepared. The City may negotiate with and/or may request a best and final offer from one or more respondents, based upon the evaluation committee outcome. The final recommendation of the committee will be made to the City of La Porte Council. 34 | Page ARTICLE 8 EXECUTION AND ACCEPTANCE PAGES Proposalexecution and acceptance pages follow. Please complete only the Execution page appropriate for your business type. Remainder of this page intentionally blank. 35 | Page 8.1 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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 proposal (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 36 | Page 8.2 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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) ________________________________________________________ Joint Venturer Signature: (Signature) ___________________________________________________________ Address: (Print or type) _________________________________________________________ Joint Venturer 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 ______________________________ (Joint Venture Name). (Seal) _____________________________ Commission Expires: ____________________ Notary Public Signature 37 | Page 8.3 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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): Partner Signature: (Signature) ___________________________________________________________ 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) 38 | Page 8.4 Proposal 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 Proposal and Instructions to Respondents, @) 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 proposal, 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 Respondent (proposer) or prospective Respondent (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 Respondents (proposers) and has not disclosed to any person, firm or corporation the terms of this proposal (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) 39 | Page Article 9 FEDERAL CONTRACT REQUIRED CLAUSES The following contract clauses will be required, where applicable, pursuant to 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II. 9.1Contract Work Hours and Safety Standard Act Overtime requirements- No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Violation; liability for unpaid wages; liquidated damages-. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. Withholding for unpaid wages and liquidated damages- The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” 9.2Clean Air Act and the Federal Water Pollution Act Contractor agrees to comply with all applicable standards, orders or regulations issues pursuant to the Clean Air Act (42 U.S.C 7401- 7971q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report any violations to FEMA and the Regional Office of the Environmental Protection Agency, (EPA) 9.3Suspension and Debarment This contract is a covered transaction for purposes of 2 C.F.R. pt.180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 40 | Page The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by (insert name of sub recipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of sub recipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” Contractors must maintain an active status on the System for Award Management (SAM) for the duration of this contract. 9.4 Byrd Anti-Lobbying Amendment "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (See Exhibit F) 9.5 Access to Records All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013). The following provides a contract clause regarding access to records: “Access to Records. The following access to records requirements apply to this contract: 1)The contractor agrees to provide the Owner, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3)In coordination with the Owner, the contractor agrees to provide County, State or a Federal Government Representative access to construction or other work sites pertaining to the work being completed under the contract.” 9.6 DHS Seal, Logo and Flags All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, ¶ XXV (2013). The following provides a contract clause regarding DHS Seal, Logo, and Flags: “The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.” 41 | Page 9.7Compliance with Federal Law, Regulations, and Executive Orders All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance may be requested by the Owner, along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures, and directives. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: “This is an acknowledgement that FEMA financial assistance may be requested by the Owner. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.” 9.8No Obligation by Federal Government The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The following provides a contract clause regarding no obligation by the Federal Government: “The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.” 9.9 Program Fraud and False or Fraudulent Statements or Related Acts The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: “The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.” 42 | Page Exhibit A -Pricing Proposal RFP 18502 Debris Monitoring Services Please provide an estimated total cost for a debris volume of 200,000 cubic yards _________________________ Quantity of Debris to be removed is an estimate to be used for price evaluation only. Pricing shall be submitted in a format such that all invoices may be easily tied back to your pricing sheet. PositionHourly Rate __________________________ Project Manager Operations Manager Data Manager GIS Analyst Field Supervisor Debris Site/Tower Monitor Collection Monitor Data Entry Clerk/Clerical_____ Billing/Invoice Analyst I, , acting on behalfof (firm) certifythatIhave reviewed and fullyunderstandtheCityof LaPorte’s Request for Proposal for Debris Monitoring Services. I furthercertifyandswear that theinformation submitted in response to the RFP is true, correct and fully shows all information required to be reported. By: Signature Title 43 | Page Exhibit B Insurance Requirements Contractor shall keep and maintain during the term of this contract, Contractor's general public liability and property damage insurance, including auto liability and employer's liability coverage, insuring Contractor from all claims from personal injury, including death, and claims for destruction or damage to property arising out of or in connection with any operations under this Contract, whether such operations are by the Contractor, or a subcontractor of the Contractor. All liability insurance must contain contractual action over claims cause. Insurance shall be written with limits of liability of not less than the following: 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 and the Debris Monitor 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 $4,000,000.00 Each Aggregate $4,000,000.00 Worker's Compensation: Workers Compensation Insurance shall be provided in accordance with workers compensation laws of the state, including occupational disease provisions, for all of the Contractor's, employees, and in case any work is sublet, Contractor shall require any such subcontractor similarly to provide Workers Compensation Insurance, including occupational disease provisions, for all of the subcontractor's employees unless such employees are covered by the protection afforded by the Contractor. In case employees engaged in hazardous work under this contract are not protected under the Workers Compensation Law, Contractor shall provide, and shall cause each subcontractor to provide adequate and suitable insurance for the protection of its employees not otherwise protected. Any uninsured subcontractors are hereby deemed to be covered by the Contractor's workers compensation coverage. A. Definitions: Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (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. 44 | Page Exhibit C Conflict of Interest Questionnaire 45 | Page EXHIBIT D Non-Collusion Affidavit RFP #18502 Debris Monitoring for City of La Porte, Texas (this affidavit must be fully executed for the proposal to be considered) STATE OF TEXAS COUNTY OF _________________________ ________________________________________________________________, being duly sworn, deposes and says (Person) that he is ______________________________________________________________________________________ (Sole owner, a partner, president, secretary, etc.) of _____________________________________________________________, the party making the foregoing Proposal; (Name of Firm) in such proposal is genuine and not collusive; that said Contractor is not financially interested in, or otherwise affiliated in a business sway with any other Contractor on the same contract; that said Contractor has not colluded, conspired, connived, or agreed directly or indirectly, with any contractor or person, to put in a sham proposal, or that such other person shall refrain from proposing, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the proposal price of affiant or any other Contractor, or to secure any advantage against the Owner, or any other person or persons interested in the proposed contract; and that all statements contained in said Proposal are true; and further, that such Contractor has not, directly or indirectly submitted his Proposal, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. _______________________________________________________________ (Affiant) Sworn to and subscribed to me this __________ day of __________, 2018. Notary Public in and for ________________________County, Texas My Commission expires ________________________, 20 _____ (Seal) 1 | Page Exhibit E References References: Include a reference list of at least Five (5) clients to whom the Proposer has provided similar services as prime contractor within the past five years. Two of these projects must involve removal of at least 200,000 cubic yards of debris. The following information is required for each reference. Use additional sheets as needed. Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of Debris Monitored: __________________________________ Name of Debris Removal Contractor _____________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of Debris Monitored __________________________________ Name of Debris Removal Contractor _____________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of Debris Monitored __________________________________ Name of Debris Removal Contractor: ____________________________ 2 | Page Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of Debris Monitored: __________________________________ Name of Debris Removal Contractor _____________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Cubic Yards Recovered: _______________________________________ Cubic Yards Reduced: ________________________________________ Contract Value: ______________________________________________ Name of Client: ______________________________________________ Address: ___________________________________________________ Contact Person: _____________________________________________ Title: ______________________________________________________ Telephone Number: __________________________________________ Fax Number: ________________________________________________ Email Address: ______________________________________________ Date(s) of Service: ___________________________________________ Brief Description of Service(s): __________________________________ Quantity of Debris Monitored: _________________________________ Name of Debris Removal Contractor: ____________________________ 3 | Page Exhibit F Lobbying Certification The undersigned (Contractor) certifies, to the best of his or her knowledge, that: 1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2)If any fund other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying, “ in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. (as amended by the Lobbying Disclosure Act of 1995) Any person who fails to the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor,________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq apply to this certification and disclosure, if any. Executed this _____________ day of _______________________, 2018 By:___________________________________________________________ Signature of Bidder/Contractor/Subcontractor’s Authorized Official 4 | Page Exhibit G Proposer’s Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (49 CFR Part 29) The undersigned certifies, by submission of this proposal or acceptance of this contract, that neither Contractor nor its principals is presently debarred, suspended, proposed debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Proposer agrees that by submitting this proposal that Proposer will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Proposer or any lower tier participant is unable to certify to this statement, that participant shall attach an explanation to this document. Certification-the above information is true and completed to the best of my knowledge and belief. ______________________________________________ Printed Name ______________________________________________ Signature ______________________________________________ Date 5 | Page Exhibit H House Bill 89 VERIFICATION I, ______________________________________(Person’s name), the undersigned representative and authorized agent of_(Company or Business name)_________________________________________________________________________ ______________________________________________________________________________being an adult over the age of seventeen (17) years, do hereby verify that the company named above, as required under theprovisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1.Does not boycott Israel currently; and 2.Will not boycott Israel during the term of the contract the above named Company, has with City of La Porte, Texas. Pursuant to Section 2270.001, Texas Government Code: 1.“Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2.“Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ______________________ __________________________________ DATE SIGNATURE OF COMPANY REPRESENTATIVE 6 | Page Exhibit I Certificate of Interested Parties (Form 1295) The Texas Legislature adopted House Bill 1295 whichstates 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 availableon its website a filing application that mustbe 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 7 | Page Access Report AgencyCity of La Porte (TX) Bid Number18502 Bid TitleDebris Monitoring Services Vendor NameAccessed First TimeDocuments DebrisTech LLC2018-03-28 07:28 AM CDT JDR Management2018-03-22 03:07 PM CDT Thompson Consulting Services2018-03-23 05:07 PM CDT True North Emergency Manage2018-03-23 01:12 PM CDT JMAC GROUP LLC2018-03-27 04:32 PM CDT Onvia2018-03-22 06:01 PM CDT Disaster Program & Operations 2018-03-28 04:19 PM CDT IMS2018-03-22 04:29 PM CDT Tetra Tech, Inc.2018-03-27 12:26 PM CDT Perkens WS Corporation2018-03-25 11:11 PM CDT Witt O'Brien's LLC 2018-03-23 09:14 AM CDT North America Procurement Co2018-03-22 11:27 PM CDT L&L Supplies2018-03-23 07:32 AM CDT Advanced Starlight Internationa2018-03-26 09:02 AM CDT FINAL EVALUATION WORKSHEET-RFP 18502 DEBRIS MONITORING SERVICES True North Thompson Tetra TechEmergency Consulting Management CRITERIA Cost for services30%151413.5 Qualifications of firm and key personnel20%8.49.68.6 Demonstrated monitoring capabilities for any 20%8.49.88.8 disaster Experience with similar locations and sizes of 15%6.37.26.45 entity Record of Past Performance/References15%3.157.356.3 Final Score/Result41.2547.9543.65 RFP 18502 PRICING SHEET Thompson ConsultingTetra TechTrue North PersonnelHoursHourly RateTotalHourly RateTotalHourly RateTotal Project Manager 636.57$85.00$54,108.45$75.00$47,742.75$77.00$49,015.89 Tower Monitor690$34.00$23,460.00$35.00$24,150.00$35.00$24,150.00 Operations Manager144.5$75.00$10,837.50$64.00$9,248.00$77.00$11,126.50 Data Manager105.5$70.00$7,385.00$55.00$5,802.50$57.00$6,013.50 Clerical187$22.00$4,114.00$22.00$4,114.00$28.00$5,236.00 Collection Monitor1,207.50$36.00$43,470.00$35.00$42,262.50$35.00$42,262.50 Field Supervisor52.5$59.00$3,097.50$45.00$2,362.50$57.00$2,992.50 Total$146,472.45$135,682.25$140,796.89 Hours used were based on debris monitoring invoices from Harvey Scores Tetra Tech10 x 30%3 True North9.6 x 30%2.8 Thompson9.2 x 30%2.7 The specific responsibilities and duties of individual debris monitors in the field are the same for both force account and contracted debris monitoring operations. They are: Report issues to their direct supervisor which require action (such as safety concerns, contractor non- compliance and equipment use) Accurately measure and certify truck capacities (recertify on a regular basis) Properly and accurately complete and physically control load tickets (in tower and field) Ensure that trucks are accurately credited for their load Ensure that trucks are not artificially loaded (ex: debris is wetted, debris is fluffednot compacted) Validate hazardous trees, including hangers, leaners, and stumps Ensure that hazardous wastes are not mixed in loads Ensure that all debris is removed from trucks at Debris Management Sites (DMS) Report if improper equipment is mobilized and used Report if contractor personnel safety standards are not followed Report if general public safety standards are not followed Report if completion schedules are not on target Ensure that only debris specified in the contract is collected (and is identified as eligible or ineligible) Assure that force account labor and/or debris contractor work is within the assigned scope of work Monitor site development and restoration of DMSs Report to supervisor if debris removal work does not comply with all local ordinances as well as State and Federal regulations (i.e., proper disposal of hazardous wastes) Record the types of equipment used (Time & Materials contract) Record the hours equipment was used, include downtime of each piece of equipment by day (Time & Materials contract) Applicants may request FEMA/State assistance with debris monitoring or monitor training. Only FEMA has the authority to make eligibility decisions; contractors cannot make eligibility determinations. Information on eligibility can be found in the Public Assistance Debris Management Guide FEMA 325, the Public Assistance Policy Digest FEMA 321, the Public Assistance Applicant Handbook FEMA 323, and the Public Assistance Guide FEMA 322. Unlike other categories of work eligible for Public Assistance grants, initial debris removal project worksheets typically do not have a defined scope of work, since precise quantities of debris are difficult to attain. Therefore, unit price contracts which pay by debris volume or weight removed are typically implemented. Unit price contracts require extensive monitoring to determine accurate quantities of eligible debris removed and disposed. As load tickets are compiled and accurate quantities are determined through monitoring, the scope of work for the project worksheet, or version, is established. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: ___June 11, 2018 __ Appropriation Requested By: Michael G. Dolby, CPA _ ___ Source of Funds: ____________________ Department: Finance_________________________ Account Number: ____________________ Report: _ _ Resolution: ___Ordinance: __ _ Amount Budgeted: ___________________ Exhibits: ___________________ ________________ Amount Requested: ___________________ Exhibits: ___________________ ________________ Budgeted Item: YES NO Exhibits: ____________________________________ SUMMARY & RECOMMENDATION The City of La Porte is required by GASB to implement GASB 75 for the fiscal year ending September 30, 2018. GASB 75 requires full disclosure of the liability on the balance sheet. The liability represents what the city owes for post-employment health insurance benefits for employees and retirees. Mehdi Riazi with the actuarial firm of Gabriel, Roeder and Smith will make a presentation of how this liability was calculated and the amount of the liability. Action Required by Council: No action required Approved for City Council Agenda ____________________________________ _______________________ Corby Alexander, City Manager Date La Porte, TX June 11, 2018 December 31, 2016 GASB 45 Retiree Medical (OPEB) Valuation Results Mehdi Riazi, FSA, EA, MAAA Copyright © 2018 GRS All rights reserved. What is the Point? OPEB valuation satisfies an accounting requirement There is no requirement to prefund an irrevocable trust Bond rating agencies wanted more information about long-term retiree medical costs Among our 113 Texas clients, the ARC per active employee for the City th of La Porte is at the 90 percentile The OPEB liability is one of many criteria used to evaluate an Draw attention to the growing costs of retiree medical benefits Baby boomers are retiring Medical inflation keeps outpacing general inflation Unfunded legacy costs can weigh on a budget 2 Key Retiree Medical Provisions Retiree must have 20 consecutive years of service at the City and satisfy the rule of 80 (age plus service at least 80) in order to be eligible for subsidy City pays 40% for retirees with 20 years of service and 85% for retirees with 29 years of service. Subsidy schedules varied in the past; was 100% City contribution after 20 years Premiums for Non-Medicare (pre- A spouse that is eligible for Medicare receives the same subsidy % as retiree 2017 monthly retiree premiums IĻğƌƷŷ tƌğƓ wĻƷźƩĻĻ tƩĻƒźǒƒ {ƦƚǒƭĻ tƩĻƒźǒƒ PPO 500 $906 $116 HF 1000 $651 $108 HF 1500 $631 $90 ESA (Medicare Plan) $269 $269 3 Annual Cash Costs IźƭƷƚƩźĭğƌ tğǤΏDƚ ĭƚƭƷƭʹ Net Employer From 2010 to 2017, annual Fiscal Year EndingBenefits 2010$538,884 cash costs have grown by 2011$721,830 2012$650,741 an average of 12% per year. 2013$906,463 2014$880,236 2015$842,765 2016$1,004,150 2017$1,195,382 Annual benefit costs are tƩƚƆĻĭƷĻķ tğǤΏDƚ ĭƚƭƷƭ ŅƚƩ ƷŷĻ ƓĻǣƷ Ў ǤĻğƩƭʹ expected to grow by 6% per 2018$1,234,000 2019$1,326,000 year over the next 10 years. 2020$1,458,000 2021$1,561,000 2022$1,703,000 4 Why is the Liability so High? Example #1 - Non-Medicare retiree with 25 years of service would receive a 65% premium contribution from the City Retiree would pay $317/mo. for retiree only coverage on the PPO 500 plan and $433/mo. for retiree plus spouse coverage GASB defines the OPEB liability in terms of the underlying claims The OPEB liability is based on the difference between the underlying retiree claims costs and the premiums retirees pay A non-Medicare retiree is expected to generate claims and fees that are on average approximately $1,300 per month -Medicare retiree is roughly $1,000/mo. for retiree only coverage and approximately $2,200/mo. for retiree plus spouse coverage Example #2 - Medicare retiree with 25 years of service would receive a 65% premium contribution from the City Retiree pays $129/mo. for retiree only coverage and $258/mo. for retiree plus spouse coverage City pays $140/mo. for retiree only coverage and $280/mo. for retiree plus spouse coverage 5 Why is the Liability so High? Annual As of 12/31/2016, the average accrued Annual Claims Retiree AgeCostPremiumCity's Cost liability for the 79 retirees was $172,000 60$15,600$3,800$11,800 6116,3803,99012,390 per retiree. 6217,2004,19013,010 6318,0604,40013,660 6418,9604,62014,340 Example on the right is for a 60-year old 654,1201,4402,680 664,3301,5102,820 retiree with single person coverage, who 674,5401,5902,950 684,7701,6703,100 receives a 65% contribution from the City 695,0101,7503,260 (25 years of service). Example assumes 5% 705,2601,8403,420 715,5201,9303,590 medical trend in each future year. 725,8002,0303,770 736,0902,1303,960 746,3902,2404,150 Sum of pre-65 benefits: $65,200 756,7102,3504,360 767,0502,4704,580 Sum of post-65 benefits: $95,660 777,4002,5904,810 787,7702,7205,050 Sum of all future benefits: $160,860 798,1602,8505,310 808,5603,0005,560 818,9903,1505,840 Costs would be roughly twice as much if 829,4403,3006,140 839,9103,4706,440 retiree had a spouse covered 8410,4103,6406,770 8510,9303,8307,100 6 Summary -service employees Of the 372 active employees in the 12/31/2016 valuation, 95 are expected to one day participate in the retiree medical plan (approximately 26%) Valuation incorporates probabilities of termination prior to retirement 79 retirees receiving a medical benefit as of 12/31/2016; average accrued liability for the current retirees is approximately $170,000 per retiree. Premiums for retirees that satisfy the eligibility requirements are affordable, which results in high participation for eligible retirees Generous premiums for spouses Pre- Post- Life-time benefit for retiree and spouse Medicare supplement premiums are lower, but retirees are expected to live 20 to 25 years after the age of 65 46% of the accrued liability is attributable to the Medicare benefits Future costs are expected to grow due to health care trend and additional retirements 7 Key Actuarial Measurements ЊЋΉЌЊΉЋЉЊЏ ЊЋΉЌЊΉЋЉЊЍ ğƌǒğƷźƚƓ ğƌǒğƷźƚƓ Annual Required Contribution (ARC) $2,873,000 $2,378,000 Active Accrued Liability $27,372,000 $18,436,000 Retiree Accrued Liability $13,590,000 $12,451,000 Total Accrued Liability $40,962,000 $30,887,000 Note: ARC is an accounting term. There is no funding requirement. 67% of the 12/31/2016 actuarial accrued liability is attributable to the active employees 8 Liability Change Actuarial accrued liability increased from $30.9 million to $41.0 million $3.2 million increase was expected Interest cost and added accruals for employees $5.4 million increase due to change in actuarial cost method to comply with upcoming GASB standard One-time change Slower future liability growth $1.5 million increase due to assumption changes and plan experience Lower discount rate (from 4.50% to 4.00%) and updated health care trend assumptions 9 Upcoming Accounting Change GASB 75 will become effective in FYE18 Balance sheet recognition of the entire unfunded liability (similar to TMRS) Balance sheet liability for OPEB as of 9/30/2017 was $15.7 million Unfunded liability as of 12/31/2016 was $41.0 million Unfunded liability is projected to be larger in FYE18 due to passage of time and lower discount rates (3.31% vs. 4.00%) Transition to GASB 75 is projected to have a balance sheet impact of approximately $30 - $35 million GASB 75 discount rates are based on prevailing 20-year municipal bond rates Dependence on market rates will add volatility 10 Council Agenda Item June 11, 2018 7(b)Receive report of the Drainage and Flooding CommitteeMeeting –Councilmember Jay Martin *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: June 11, 2018 Source of Funds: N/A Requested By: Ian Clowes, Richard Mancilla Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X Resolution: Ordinance: X Amount Requested: N/A Exhibits: Adoption Ordinance Comprehensive Plan Update Draft Budgeted Item: N/A P&Z Recommendation Letter SUMMARY & RECOMMENDATION SUMMARY& RECOMMENDATION The current City of La Porte Comprehensive Plan serves as the officially adopted guide for City policy decisions relating to the physical growth and development of La Porte through 2030, including discussion of opportunities and challenges, vision, goals, actions, policies, and strategies. The budget for fiscal year 2017 included funding for a minor update to the Comprehensive Plan 2030. The City contracted Kendig Keast Collaborative, who performed the 2012 update, to take on this task. The consultant, in collaboration with city staff, decided to focus the minor update on the implementation section of the current comprehensive plan. Staff looked at the 16 priorities previously compiled and updated the status. Finally, based on current trends and developments from the past 5 years, staff suggested a reorganization of the priority list. nd The Planning and Zoning Commission held a workshop on March 22. At the workshop, the commission suggested some changes to the proposed new ranking of priorities. These suggestions have been incorporated into the final draft. th A public open house occurred on March 27. Staff was present to introduce the proposed changes to the City Council and any interested citizens wishing to attend. The Planning and Zoning Commission, at the May 17, 2018, regular meeting, held a public hearing to receive citizen input on the Final Draft Plan of the five year update to the Comprehensive Plan 2030. At that meeting, the commission voted 8-0 to recommend approval of the proposed update, with the condition that the priority, outlining the desire for a Unified Development Code, be added to the proposed update. At this time, staff is seeking a formal ordinance approval from Council to adopt the update to the Comprehensive Plan 2030. Action Required by Council: 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance to adopt the La Porte Comprehensive Plan Update. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE ADOPTING AN UPDATE TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, Section 211.004 of the Texas Local Government Code provides that Zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that the governing body of the municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipalitys planning commission or department; and, WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, Zoning, Section 106-3, and Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan which was adopted by the City th Council of the City of La Porte in 1986, and last amended on the 12day of December, 2012, not including routine amendments to the Future Land Use Map component of the Comprehensive Plan; and WHEREAS, pursuant to mandate of Chapter 106, Zoningof the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and furthermore commissioned a review of said plan by a Consultant, duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on May 17, 2018, the La Pore Planning and Zoning Commission heard a Final Draft Comprehensive Plan Update for the purpose of considering all the components of, and proposed amendments to, the Comprehensive Plan; and considered the report on update of the Comprehensive Plan; WHEREAS, after due consideration of the comments made by the various departments together with the recommendations of the City of La Porte Planning Department staff presented at the said May 17, 2018, Planning and Zoning Commission meeting, the Planning and Zoning Commission has recommended to the City Council of the City of La Porte an update to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1 That an update to the Comprehensive Plan of the City of La Porte, and which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, after duly noticed public hearing held at its June 11, 2018 meeting, pursuant to the recommendations of the Planning and Zoning Commission of the City of La Porte. Section 2 The City Secretary of the City of La Porte or her designated representative will be required to make the Comprehensive Plan update available to the public and duly mark and note the adopted amendments on the Comprehensive Plan of the City of La Porte. Section 3 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 time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Local Government Code; and that this meeting has been open to the public a 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 contents and posting thereof. Section 4 If any section or part of any section or paragraph of this ordinance is declared invalid, or unconstitutional for any reason, it shall not invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance. This Ordinance shall be in effect from and after its passage and approval. th PASSED AND APPROVED this the 11day of JUNE, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of MB!QPSUF Texas INTRODUCTION Acknowledgments Mayor and Council •• •• •• •• •• ••f •• •• •• • Planning and Zoning Commission Plan Consultant – Kendig Keast • Collaborative • • • • • • • • • • • • • • 2 | La Porte TX 2018 Comprehensive Plan 5-Year Update INTRODUCTION Table of Contents Introduction ..................................................................................................................4 By the numbers .............................................................................................................7 High Priority Implementation Action Status Summaries ................................................14 Conclusion ....................................................................................................................39 La Porte TX 2018 Comprehensive Plan 5-Year Update | 3 INTRODUCTION Executive Summary The 2018 Comprehensive Plan Update and Progress Report is a 5-year update to the City of La Porte’s 2012 Comprehensive Plan. This update provides guidance on moving forward with high capital improvements completed since 2012, and through the Progress Report, provides an im- plementation status summary as well as a new prioritization of the 2012 implementation actions. - partment heads met in December 2017 to evaluate and prioritize the 2012 Plan’s high priority implementation actions and provide feedback on the status of current and completed actions, projects, plans, and initiatives. The Plan Update process provided an opportunity for all depart- ments to meet together to discuss the importance of the Comprehensive Plan for the City of La Porte and to weigh-in on future priorities. As this interim Plan Update did not revise the 2012 Comprehensive Plan’s text, data, or other underlying items, the planning process did not include A major Plan amendment, such as occurred in 2012, should be undertaken with the aim of an adopted updated Comprehensive Plan in 2022, update should include extensive public engage- ment to ensure the updated vision, goals, and The results of the Comprehensive Plan Progress Photo: December 2017 City Department Head Meeting made by the City of La Porte toward implemen- tation of the 2012 Plan’s high priority action items, with 12 of the 16 items either completed or vacancies in key positions. The Progress Report results include a re-prioritization of the high pri- ority action items, based on Department Head input as well as Planning and Zoning Commission and a Public Open House held in March 2018. 4 | La Porte TX 2018 Comprehensive Plan 5-Year Update INTRODUCTION Highest Priority Actions2018 Rank Infrastructure Improvements1 (tie) Drainage Improvements1 (tie) Neighborhood Improvement Program2 (tie) Strategic Downtown Improvements2 (tie) Public Safety Improvements3 Business Retention and Expansion Program4 (tie) Business Incubator4 (tie) Safe Sidewalks Program5 Strategic Corridors Program6 Park and Trail System Improvements7 Increasing Sustainability8 Coordinated Tourism Strategy9 Market Retail Analysis10 Streamline Permitting11 public document, adopted by the City Council, to guide policy decisions relating to the physical and economic development of the community. In general, the plan indicates how the community desires to develop and redevelop over the course of the next twenty years. The original version - ning, however, needs to be updated. To ensure the plan continued to represent the future of - ress and accomplishments, identify goals that required attention or deletion, and to recommend any additional goals that were needed to better achieve the 2001 community vision. In 2012, 10 years into the implementation of the plan, City Council approved a second revision to the plan. The 2012 revision is more comprehensive in nature and includes an updated community vision to ensure that the City is still moving towards a future that represents the desires, needs, and aspirations of the community. La Porte TX 2018 Comprehensive Plan 5-Year Update | 5 La Porte TX 2018 Comprehensive Plan 5-Year Update | 5 INTRODUCTION 2018 5-Year Comprehensive Plan Update This update to the 2012 Comprehensive Plan is an opportunity to revisit the 2012 Plan and pro- - date seeks to: priorities; • provide the status of initiatives since the 2012 Plan, with emphasis on those projects that still need to be completed • identify completed projects and items accomplished, summarizing plan implementation progress and success. This update is not intended to be a full revision of the plan and as such does not include revisions to the data and inputs of the 2012 plan. The update is intended to be an opportunity to bring aware of the Plan, its contents, and its progress. La Porte. The following pages present milestones, accomplishments, and highlight data for the (2012-2017) that have passed since the 2012 Comprehensive Plan. 6 | La Porte TX 2018 Comprehensive Plan 5-Year Update BY THE NUMBERS 125 Birthday the City of La Porte celebrated in 2017 highlighting the rich history and heritage of the La Porte community. The 125th anniversary celebration events included a parade, a concert series featuring Clay Walker, a kid’s rodeo, a gala, and more. The events garnered local and regional media coverage for the City. 471 Number of homes estimated damaged by Hurricane Harvey in La Porte in August 2017. The resilience of the La Porte community Harvey. #LaPorteStrong. La Porte TX 2018 Comprehensive Plan 5-Year Update | 7 La Porte 2018 Comprehensive Plan 5-Year Update | 7 BY THE NUMBERS 32 Number of dog runs at the new City of La Porte Animal shelter opened in 2014. 2 Number of new Splash Pads opened since 2012 (Northside and Fairmont Spray Parks). 8 | La Porte TX 2018 Comprehensive Plan 5-Year Update BY THE NUMBERS $10,091,771 Fiscal Year 2017 budget increase over the previous year, representing a 12% increase. A large portion of that increase is related to capital improvements. 10 City wide geocaches hidden at the newest La Porte street festival that debuted in October La Porte TX 2018 Comprehensive Plan 5-Year Update | 9 La Porte 2018 Comprehensive Plan 5-Year Update | 9 BY THE NUMBERS 50% Percent of the trail system envisioned in the City’s Bicycle-Pedestrian Trail Mater Plan completed, including major east-west connector along Fairmont Parkway. 12 of the Year’ Awards that the La Porte Water Tower on Fairmont Parkway was honored in. The $875,000 project depicts La Porte’s ‘Life. By the Bay.’ (Photo: Courtesy Of Tnemec Company, Inc.) 10 | La Porte TX 2018 Comprehensive Plan 5-Year Update BY THE NUMBERS 130 490,387 Number of new commercial permits issued Square feet of estimated retail demand from 2013-2017, representing a valuation of documented in the 2013 Retail Analysis and over $183.5 million. During the same time Merchandising Plan. period 309 residential permits were issued, representing a valuation of over $55.5 million. La Porte 2018 Comprehensive Plan 5-Year Update | 11 BY THE NUMBERS 12 | La Porte TX 2018 Comprehensive Plan 5-Year Update BY THE NUMBERS 2018 Assessed Property Values The map shows the assessed property values of parcels within the City of La Porte, current as of January 2018. As can be seen on the map, there is a wide range of property values within the city, ranging from less than $10,000 up to $60,000,000. The City tracks these values as they change over time and this information can be used to inform planning and economic development La Porte 2018 Comprehensive Plan 5-Year Update | 13 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Plan Update. As part of the 2018 5-year Comprehensive Plan Progress Report, City Departments met in Decem- ber 2017 to evaluate progress towards achieving these high priority actions. The rankings were also evaluated by the Planning and Zoning Commission and through a Public Open House held in March 2018. Highest Priority Actions2012 Rank2018 RankOverall Status Streamlined Permitting 111Complete Process Public Safety Improve- 23In progress ments Neighborhood Improve- 32 (tie)In progress ment Program Business Retention and 44 (tie)In progress Expansion Program Park and Trail System Im- 57In progress provements Market Retail Analysis610Complete Infrastructure Improve- 71 (tie)In progress ments 8RemoveNot started Provisions Downtown Master Plan92 (tie)Not started Drainage Improvements101 (tie)In progress Coordinated Tourism Strat- 119Not started egy Business Parks12RemoveComplete Business Incubator134 (tie)Not started Safe Sidewalks Program145In progress Increasing Sustainability158In progress Strategic Corridors Program166In progress For each high priority action departments answered the following: o Has this action been achieved (or portions of this action)? o If yes, which components? o If no, what do you see as the main reasons why? (may include but not limited to: funding, lack of authority, political or public will, lack of time, don’t know how to achieve) o Do you see this action being achieved in the next 5 years? If no, why not (may include but not limited to: no longer a priority, no funding, lack of political or public will) If yes, what is the timing for completion? The results of this exercise are summarized in the charts beginning on page 20. 14 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES • La Porte Municipal Airport Business Plan, completed 2017 • HazMat Commodity Flow Study and RMP • Hazard Mitigation Plan • Park and Recreation Master Plan (to begin in 2018) • Design Guidelines for GC, NC, and BI Districts (2014) • Northside Neighborhood Plan (2012 Update) • West Lomax Area Sanitary Sewer Feasibility Study • Citywide Street Condition Assessment • Coupland Drive Drainage Assessment • N. 6th Street Drainage Assessment • Update 2009 Water Master Plan (to begin in 2018) • Airport Drainage Assessment • F 101 Drainage Assessment • Renovation of wave pool (2018) • Renovation of Northwest Pool (2018) • Sidewalks • Annual Contracts – Asphalt Street Repairs – Concrete Street Repairs - Construction • Coupland Drive Drainage- Design and Construction • Somerton Pavement and Waterline Replacement • Hillridge Pump Station Construction La Porte TX 2018 Comprehensive Plan Progress Report | 15 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Evaluating Existing Studies for Impacts and Overlap to Comprehensive Plan - cember 2017 in the list above, they should be evaluated for any potential impacts to items in the Comprehen- sive Plan. As an example, the La Porte Municipal Airport Business Plan, completed in 2017, has the following relationship to Comprehensive Plan elements: o Recommends future master plans or airport land use compatibility studies. - ities, including: • Drainage infrastructure improvements • Airport Capital Improvements • Economic Development: Analyzes the economic advantage the Airport pro- vides the City of La Porte • Land development: Acres available for development to support aviation and other commercial uses. The new high priority rankings for the City of La Porte to focus on in the upcoming years are as Highest Priority Actions2018 Rank Infrastructure Improvements1 (tie) Draingage Improvements1 (tie) Neighborhood Improvement Program2 (tie) Strategic Downtown Improvements2 (tie) Public Safety Improvements3 Business Retention and Expansion Program4 (tie) Business Incubator4 (tie) Safe Sidewalks Program5 Strategic Corridors Program6 Park and Trail System Improvements7 Increasing Sustainability8 Coordinated Tourism Strategy9 Market Retail Analysis10 Streamline Permitting11 16 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES The highest priority action item charts provide proposed implementation action steps for the City of La Porte to La Porte TX 2018 Comprehensive Plan Progress Report | 17 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Capital Investments - et” project, especially those that must be phased and/or coordinated with other initiatives. This may include street infrastructure, water, wastewater, and drainage improvements; parks, trails, and recreation facility con- structions, and upgrades; and, construction of public buildings. Anticipating and adequately budgeting for - direction and priorities of this plan. Programs and Initiatives they may undertake. As part of Comprehensive Plan implementation, this method may include initiating new - Regulations and Standards Given that private investment decisions account for a vast majority of a city’s physical form, land development regulations and engineering standards are fundamental for plan implementation. Consequently, in La Porte, regulations and development criteria and technical engineering standards are the basic keys to ensuring that advance the community’s desire for quality development outcomes while recognizing economic factors. They should not delay or interfere unnecessarily with appropriate new development or redevelopment that is con- sistent with plan principles and directives. 18 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Partnerships and Coordination require direct coordination, intergovernmental agreements, or funding support from other public entities or - unteer activities, and in-kind services (which can count toward the local match requirements for various grant Targeted Planning/Studies Various area of City governance require more detailed study and planning, especially as required to qualify for than is appropriate for comprehensive planning purposes. As such, some parts of this plan will be implement- - ations. La Porte TX 2018 Comprehensive Plan Progress Report | 19 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES PROGRESS ICON LEGEND (IMPLEMENTATION STATUS) Graphic IconMeaning 0% not yet started not yet started 25% begun begun 50% in progress in progress 75% almost complete almost complete 100% almost complete complete 20 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Streamlined Permitting ProcessStudy existing development processes and regulations to determine a plan of action to resolve issues without compromising the integrity of the process or enforcement of established regulations. This also could include such things as fast-track permitting, assistance with demolition of structures, etc. Implementation Priority Ranking 2012Status SummaryFuture Actions Status • Streamlined permitting • Continue to review permitting pro- process established. cess to ensure it is resulting in desired • Baseline comparison outcomes. #1 of La Porte’s develop- ment review and per- mitting process with neighboring communi- ties completed. Priority Ranking 2018 almost complete • Review time for dif- ferent categories of permitting tracked. #11 Key implementation Department(s): Planning and Development Types of future actions: Regulations and standards and Partnerships and coordination Completed or in progress? (Y/N) Y Develop a baseline comparison of La Porte’s development review and permitting Y process with neighboring communities (e.g., Deer Park, Pasadena, etc.). If no such baseline comparison already exists, then the City should begin tracking Y Develop a short- and long-term action plan to resolve issues that do not compro- mise the integrity of the process or conformity with established regulations. Rele- N vant feedback from this analysis should be presented to the Planning and Zoning Commission and City Council. La Porte TX 2018 Comprehensive Plan Progress Report | 21 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Public Safety ImprovementsContinue to support an excellent system of public safety services. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • • Continue to review personnel needs Police Department in 2017. #2 • Police vehicles being rotated to address increased commercial every 5 years. • Training being conducted via • Conduct manpower study for Fire Priority almost complete emergency services district. Department. Ranking • New La Porte Animal Shelter and • Continue to provide high quality 2018 Adoption Center facility complet-training opportunities for personnel. ed.• Update action steps based on new department priorities. #3 Key implementation Department(s): Police, Fire, EMS, OEM Types of future actions: Programs/Initiatives and Targeted planning/studies Completed or in progress? (Y/N) Periodically review the Police Department’s personnel needs and hire addition- Y with population growth; b. One additional crime analyst; c. One additional jailer - ments have a dedicated person taking and dispatching their calls. Periodically review the Fire Department’s personnel needs and hire additional -Manpower study not yet conducted. station. Provide adequate funding to expand the amount and quality of more cost-ef- Y - Y Y 22 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Completed or in progress? (Y/N) Establish a formalized replacement and procurement program for vehicles and - Y bilities. At a minimum, this should include a replacement schedule as follows: Engines: 20 years; Ladder trucks: 25 years; Command vehicles: 10 years. Establish a formalized replacement and procurement program for vehicles and equipment to keep pace with state-of-the-art law enforcement technology Y and capabilities. This could include: Rotating cars every three years; Replacing La Porte TX 2018 Comprehensive Plan Progress Report | 23 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Neighborhood Improvement Develop a formalized neighborhood improvement program that ensures the quality Programof existing neighborhoods are maintained or improved over time. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Northside Neighborhood Plan • Explore funding/grant opportunities to developed but not implemented. implement Northside Neighborhood #3 • Targeted investment program Plan. not developed. • Examine if other older communities • Code enforcement program not should have a neighborhood plan Priority begun changed.developed. Ranking • Examine potential funding resources 2018 for community investments. #2 Key implementation Department(s): Planning and Development Types of future Actions: Targeted Planning/Studies, Programs and Initiatives Completed or in progress? Help older communities develop neighborhood plans, which may include elements that would normally be required for a housing grant submittal. Such a plan would highlight potential development/redevelopment sites, infrastructure improvements, Y Develop a target-area community investment program focused on all infrastructure A targeted program has improvements (e.g., sidewalk installation in addition to repair, driveway culvert clean-not been developed due to ing and replacement, alley improvements, tree trimming, parking restrictions, shielded lack of funding. Projects are street lighting or other improved pedestrian lighting, added greenspace, improved completed as opportunities public streetscape/ landscape areas, new signage, etc.) within at-risk neighborhoods. arise such as when a street is This would be an expansion of the current program that provides dedicated funding re-done sidewalks are put in for sidewalk repair and maintenance. Develop a results-based code enforcement program to aid in code compliance (e.g., violations such as weeds, debris, and junk vehicles) rather than citing noncompliant property owners. A key element may be the cross-training of enforcement advocacy N - ets listing sources of help for homeowners who are in violation of City codes. 24 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Business Retention and Ex-- pansion Programmine public/private strategies to overcome challenges or facilitate plans of expansion. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Shop, eat, stay, play local campaign • is active.potential for re-establishing business • Visitlaportetx.com website provides retention and expansion program. #4 up to date shopping/tourism guide.• Determine, through surveys or inter- • New local programs have been views, how the City can best support rolled out such as The Search for existing businesses and establish Priority begun Ranking Quilts. needs and challenges 2018 • Façade grant program is active. • Continue to support local event programming and marketing and strengthen relationship between - #4 Key implementation Department(s): Economic Development/EDC Types of future actions: Programs/Initiatives, Partnerships and Coordination Completed or in progress? Consider expanding the business retention and expansion program. A strong busi- ness retention and expansion program should include regular visits with local em- ployers. These visits can include formal surveys or be informal interviews. However, they should establish a relationship with the employer and serve as a mechanism by N which the Economic Development Coordinator can ascertain any major challenges from relocating to La Porte. In addition to site visits, the business retention and expansion program could be ex- panded to include such initiatives as shop local programs, advertising cooperatives, Y shopping guides, frequent shopper programs, small business seminars, etc. La Porte TX 2018 Comprehensive Plan Progress Report | 25 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Park and Trail System Im-Improve the quality of existing parks and recreation areas. provements Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Parks standards in progress as well as • Update Parks and Recreation inventory and replacement schedule.Master Plan (in the works for • All parks have matching entry signs 2018). Consider also incorporat- #5 (2013 completion). ing Trails into Master Plan. • Fairmont and Lomax parking lots have • Integrate park planning into any been resurfaced. neighborhood plans. • Playground replacements (such as • Continue to evaluate potential Priority almost complete Seabreeze) have design themes. funding sources for park im- Ranking • New amenities include 2 new splash provements. parks. • Continue to market high quality 2018 • -of parks and consider applying grades and frisbee golf are planned. for H-GAC Parks and Natural Area • Online registration system (RecTrac) is awards. #7 active. • Sens Trail and Park St. Trail in progress. Key implementation Department(s): Parks and Recreation Types of Future Actions: Capital Investments, Targeted Planning/studies Completed or in progress? Establish a formalized parks-to-standards program to ensure all parks are brought up to, and maintained in, an equivalent quality standard. This program should in- Y clude a general maintenance and repair schedule. Establish a policy of master planning new/revitalized parks to develop a unique design theme for each park to broaden the types of facilities and activities that are Y available across the community and to better tie their identity to adjacent neighbor- hoods Evaluate opportunities to add new types of amenities that appeal to intergenera- Y tional and non-traditional users in existing and future parks - Y provement program to repair, replace, or install new sidewalks, crosswalks, and curb repairs are made as needed cuts (no set schedule) Consider providing on-line registration for any camps, lessons, workshops, or classes Y available through the City 26 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Completed or in progress? Continue to budget, or pursue additional outside funding, to construct the remain- Y Plan. Continue to proactively pursue additional park and recreation acquisition of proper- N ty and/or protection of additional greenspace within the City limits. La Porte TX 2018 Comprehensive Plan Progress Report | 27 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Market Retail AnalysisUndertake a market retail analysis separately or in coordination with an update to the Economic Development Strategic Plan Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Retail Analysis and Merchandising Plan • Utilize the completed market anal- completed in 2013. The plan includes ysis to develop a coordinated eco- #6 demographic analysis, retail analysis, nomic development strategy. and analysis of City’s competition.• Utilize psychographics within anal- • Visit La Porte proactively markets La ysis to further market La Porte to Priority Porte via a variety of mediums. in progress Ranking • Revise implementation action to 2018 - tion. #10 Key implementation Department(s): Economic Development/EDC Types of future actions: Programs and Initiatives Completed or in progress? Undertake a retail market analysis to help identify opportunities for future expan- sion of the City’s retail space. The analysis should include a demographic analysis of Y La Porte’s market segments, a sales gap analysis, and an analysis of the City’s eco- nomic composition and competition. The outcome of this analysis should be to develop a coordinated economic devel- opment strategy comprised of four main elements: retail development, tourism, N a convention center (consistent with the available space at the renovated Sylvan Beach Pavilion), and support for industry. Y 28 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Infrastructure ImprovementsContinue to implement the recommendations in the City’s Water Master Plan, Water Conservation Plan, and Drought Contingency Plan. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • GIS-based Utility Mapping • Complete Utility Mapping Program and utilize #7 Program is in progress but not as a prioritization tool to identify areas with yet complete. the greatest infrastructure needs. • Dead-end water mains have • Continue to eliminate dead-end water mains been eliminated in most in-as additional funding becomes available. Priority in progress stances. • Conduct WWTP feasibility study. Ranking • The golf course and park use • Consider adding examining security for public 2018 nearly 95% of discharge during utilities and infrastructure as a priority action summer months. item. #1 Key implementation Department(s): Public Works Types of future actions: Capital investments, Programs and initiatives, Targeted planning/studies Completed or in progress? Complete the geographic information system (GIS) mapping database, i.e., Utility Mapping Program, by providing additional resources to capture and input the neces- sary data for a complete asset management program. This system should be utilized to Y in progress of piping, dates of improvements and repairs, and other information relevant to an as- set management system. Data should be used as a prioritization tool in the preparation of annual budgets and capital improvement programs. Conduct a system-wide condition analysis of all utility infrastructure, i.e., storm sewer, water, and wastewater, to determine an appropriate short- and long-term plan of action Y to repair, rehabilitate, or replace existing utility infrastructure. Information should be in progress entered into the Utility Mapping Program to identify targeted geographic areas with the greatest needs. Identify and eliminate any dead-end water mains Y Conduct a feasibility study to determine if the wastewater treatment plant (WWTP) can be improved to increase the total available quantity of reuse water and to determine N where additional public or private reuse opportunities in the City might be located. La Porte TX 2018 Comprehensive Plan Progress Report | 29 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES comprehensive plan to the implementing regulations. Provisions Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • The development code was updat-• Assess potential advantages to going for- ed in 2015 and the zoning code was ward with a UDC. If a UDC is not desired, updated in 2014. Although these examine whether existing codes ade- #8 codes were updated they were not quately address all provisions and if not -develop supplemental provisions. ment Code (UDC). • Review legal precedents such as Reed v. Priority not yet started Gilbert that may necesitate updates to Ranking ordinances (in this instance, sign ordi- 2018 nance). • Updated 2015 development code should Not be made available online, replacing 1985 ranked version currently on City website. Key implementation Department(s): Planning and Development Types of future actions: Regulations and standards Completed or in progress? include, but not be limited to: o building placement, design, and materials; o parking lot, streetscape, and foundation landscaping; N o o lot design and open space; o street and pedestrian connectivity and access management; and, o sidewalk design, placement, and amenities. 30 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Downtown Master PlanPrepare a master plan for the Downtown area Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • The Downtown Master • Prior to launching a Downtown Master Plan Plan has not progressed. - #9 erty and business owners in the potential study area needs to occur. This could include visioning sessions and working to address concerns. • Examine potential for participating in Texas Main not yet started Priority Street program and re-starting Main Street Coor- Ranking dinator Position. 2018 • Seek funding for revitalization and pursue grant opportunities. • Participate in H-GAC Bringing Back Main Street Roundtable Program. #2 Key implementation Department(s): Planning and Development, Economic Development Types of future actions: Partnerships and Coordination, Targeted planning/studies Completed or in progress? Prepare a master plan for the Downtown area, including Main Street and Sylvan Beach, the connections between, and the transition to adjacent areas. This includes: o setting a clear and collectively supported vision; N o determination of implementation framework to guide new/reinvestment; and, o coordinating with previous work completed on marketing and branding. La Porte TX 2018 Comprehensive Plan Progress Report | 31 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Drainage Improvements Study. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • The areas for improvement identi-• Evaluate how drainage infrastructure -performed during Hurricane Harvey and #10 tinually evaluated and updated. update Drainage Study based on impacts. • Drainage projects and improve-• Priority in progress ments are ongoing throughout the as community enhancements. Ranking City.• Continue to explore additional potential 2018 funding sources such as Pre-Disaster Miti- gation, Hazard Mitigation Grant Program, #1 and FEMA grants. Key implementation Department(s): Public Works Types of future actions: Capital investments Completed or in progress? Y Study. - ects as community enhancements and/or recreational amenities; 32 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Coordinated Tourism StrategyDevelop a coordinated tourism strategy that goes beyond trying to attract visitors. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • La Porte is actively involved with the • Utilize the Retail Analysis and Merchan- Heritage society, supporting their dising Plan as a starting point to devel- #11 monthly events, funding any repairs op a coordinated tourism plan. and funding their docent.• Work to more closely tie marketing and • The City recently added another small building next to the depot. • not yet started Priority • Multiple tourism ads are used in • Consider developing ‘Tourism Task- Ranking force’ composed of local businesses 2018 • Multiple events are held to try to get and other area partners. ‘heads in beds’. #9 Key implementation Department(s): Economic Development/EDC Types of future actions: Targeted planning/studies, Partnerships and coordination Completed or in progress? Develop a coordinated tourism strategy that goes beyond trying to attract visitors. Rather, the tourism strategy should be focused on capturing visitor’s dollars by local N businesses. In coordination with area partners (e.g., the La Porte Bay Area Heritage Society), the attract visitors, a retail strategy that provides outlets for visitors to spend money, and N Porte. La Porte TX 2018 Comprehensive Plan Progress Report | 33 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Business ParksProactively zone and market areas for higher quality business parks for those areas Implementation Priority Status SummaryFuture Actions Status Ranking 2012 • Design guidelines developed • Coordinate planning and development for Business Industrial along #12 major corridors.- ty standards are achieved. Priority almost complete • Continue to evaluate developments to Ranking 2018 - Remove from lines need to be made. high priority Key implementation Department(s): Planning and Development and Economic Development/EDC Types of future actions: Partnerships and coordination, Regulation and standards Completed or in progress? Update the zoning and development codes to ensure higher quality standards are achieved for those uses that would be allowed in Business Park and Au- to-Urban Industrial areas. Additionally, provisions need to be strengthened Y better community livability (see Chapter 2, Land Use and Development, for addi- tional information on needed regulatory improvements). 34 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Business IncubatorEstablish a small business incubator site within the City in coordination with San Jacinto College Small Business Development Center (SJC SBDC). Priority consideration should be given to locating the site in Downtown or near San Jacinto College. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Not yet started.• - ate potential for moving forward with this priority #13 and begin discussions with SJC SBDC. • Consider re-starting small business workshops. Priority not yet started Ranking 2018 #4 Key implementation Department(s): Economic Development/EDC Types of future actions: Partnerships and coordination, Programs and initiatives Completed or in progress? Consider becoming a member of the National Business Incubator Association (NBIA) and establishing a small business incubator site within the City in coordination with the San Jacinto College Small Business Development Center (SJC SBDC). Priority consideration should be given to already-owned property located in the Down- town area or in an area near San Jacinto College. The jointly sponsored incubator N follow-along counseling at no cost (SJC SBDC provided) for entrepreneurs of small and emerging companies. Criteria would need to be developed for admission to the business incubator for start-up companies. In addition, the site could be cross-uti- lized as a temporary headquarters on a short term, temporary basis (i.e., one to three months) for new arrivals of established, major companies relocating to La Porte. La Porte TX 2018 Comprehensive Plan Progress Report | 35 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Safe Sidewalks ProgramPrepare a safe sidewalks program to identify and correct unsafe and poorly main- tained sidewalk segments at key locations throughout the community. Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Although not formalized in a Safe • Utilize GIS mapping to map priority Sidewalks Program, annual sidewalk sidewalk investment areas. repairs are performed.• Work with GIS Dept. to create an App to #14 • A new sidewalk on Park St. is under track sidewalk repairs. construction in coordination with • Consider formalizing sidewalk repairs/ Harris County (partial funding from construction into a formal Safe Side- Harris County Safe Sidewalks Pro-walks Program. almost complete gram). • Continue to pursue potential funding Priority • Sidewalks that are constructed un-for sidewalks. Ranking dergo inspections.• Evaluate the potential for utilizing 2018 H-GAC’s free Pedestrian Evaluation Tool to engage citizens in performing assess- ments of sidewalk conditions and edu- cating about sidewalk maintenance. #5 Key implementation Department(s): Planning and Development and Public Works Types of future actions: Capital investments, Programs and initiatives Completed or in progress? Prepare a Safe Sidewalks Program to identify those locations where unsafe conditions and/or poorly maintained sidewalks exist particularly around, adjacent to, and leading to/away from schools; near and adjacent to public buildings and spaces; and other Y construction, maintenance of the existing sidewalk system should be a priority and should be adequately funded in the annual operating budget. Additional grant fund- ing should also be pursued from such sources as Federal, State, private entities. In these priority areas, conduct regular inspections of safety conditions to ensure the Y walking surface is free from hazards and dangerous obstructions. Organize a public education program to notify the community of the Safe Sidewalks Program, the priority pedestrian areas, and the individual responsibilities for care and N maintenance. 36 | La Porte TX 2018 Comprehensive Plan Progress Report HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Increasing SustainabilityDetermine a plan of action to improve the City’s sustainability Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • The City is working toward water • Designate a City Sustainability point person who will work across depart- as utilizing greywater on Parks and ments to track and evaluate the City’s Golf Course. #15 • A new water reduction target will be • Track metrics annually so the City can established in the updated WCP. evaluate progress on components such • New municipal projects such as the as energy usage and water reduction. almost complete • Evaluate potential for increasing desire for more sustainable munici-recycling options. Survey neighboring Priority pal facilities. cities with curbside recycling and eval- Ranking • The City utilizes drought resistant uate costs and potential grant funding 2018 landscaping for public improvement sources such as H-GAC’s Solid Waste projects.Grants program. #8 Key implementation Department(s): Economic Development/EDC, Parks and Recreation, Planning and Development, Public Works Types of future actions: Programs and initiatives, Partnerships and coordination Complete or In Progress? Reduce the City’s energy usage N Y Y other similar sustainable design and construction programs; through Harris County Y municipal projects; Utilize drought resistant landscaping for public improvement projects and provide incen- Y tives for private sector projects; N curbside recycling in the long-term. La Porte TX 2018 Comprehensive Plan Progress Report | 37 HIGH PRIORITY IMPLEMENTATION ACTION STATUS SUMMARIES Strategic Corridors ProgramCreate a Strategic Corridors Program Priority Implementation Ranking Status SummaryFuture Actions Status 2012 • Although not formalized in a Strategic • Consider developing a corridor Corridors Program, corridor investments streetscape plan or corridor design and improvements have been made, standards to identify priority im- #16 such as new Wharton Weems entry provements for corridors. landscaping, design for sound wall and • Evaluate potential for developing sidewalk on Spencer Highway and the S. corridor overlays as part of zoning in progress Priority Broadway Master Plan.code. Ranking • Coordinate with TxDOT to develop an 2018 Advance Funding Agreement (AFA) for TxDOT roadways which will es- tablish standards for future improve- #6 ments on TxDOT roadways. Key implementation Department(s): Planning and Development, Public Works Types of future actions: Targeted planning/studies, Regulation and standards. Complete or In Progress? Create a Strategic Corridors Program by identifying strategic corridors within the community and direct aesthetic and infrastructure improvements along those cor- ridors as a priority. Coordinate with the state and county, as necessary, for non-City Y should include S.H. 225, Fairmont Parkway (in conjunction with the Harris County widening project), Underwood Road, and S.H. 146 frontage roads. Secondary corridor enhancements should be completed on Spencer Highway, Sens Road, San Jacinto Drive, and Broadway Street. A corridor streetscape plan should be prepared for these strategic corridors. The plans should include a detailed inventory and assessment of existing conditions, in- cluding land use and zoning, building footprints, numbers and locations of driveways and parking lots, numbers and locations of signs, trees, and vegetation, power poles and overhead lines, street cross sections and rights-of-way, sidewalks and pedestrian N improvements, pervious and impervious surfaces, and general visual characteristics. The enhancement and design plans should include any regulatory recommendations identify priorities, funding options and sources, and a timeline. 38 | La Porte TX 2018 Comprehensive Plan Progress Report CONCLUSION Next Steps Another major amendment such as occurred in 2012 should be undertaken in the 2020-2021 Utilizing the framework established by this Comprehensive Plan Progress Report, an annual evaluation of progress should be conducted, led by the Planning and Development Department. The Annual Progress Report should include: 1) the status of implementation for each programmed task. A lead department department should coordinate with the Planning and Development Depart- ment to provide a single City-point of contact for the Annual Progress Re- port. 2) Implementation constraints, including those encountered in administering the plan and its policies. 3) Proposed amendments that have come forward during the course of the year, which may include revisions to the plan maps, or other recommenda- tions, policies, or text changes. 4) Recommendations for needed actions, programs, and procedures to be developed and implemented in the forthcoming year, including a recom- mendation of projects to be included in the CIP, programs and initiatives to be funded, and priority coordination needs with public and private imple- mentation partners. 5) Mid-to Long Range action list should be evaluated to determine if any of the actions should be moved to the high priority list for programming. La Porte TX 2018 Comprehensive Plan 5-Year Update | 39 City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director ağǤ ЊБͲ ЋЉЊБ IƚƓƚƩğĬƌĻ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌ /źƷǤ ƚŅ \[ğ tƚƩƷĻ w9ʹ hƩķźƓğƓĭĻ Ʒƚ ğķƚƦƷ ƷŷĻ \[ğ tƚƩƷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ƦķğƷĻ 5ĻğƩ ağǤƚƩ wźŭĬǤ ğƓķ /źƷǤ /ƚǒƓĭźƌʹ ŷĻ \[ğ tƚƩƷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ŷĻƌķ ğ ƩĻŭǒƌğƩ ƒĻĻƷźƓŭ ƚƓ ağǤ ЊАͲ ЋЉЊБ Ʒƚ ŷĻğƩ ƷŷĻ ƚŅŅźĭźğƌ ƦƩƚƦƚƭğƌ ŅƚƩ ƷŷĻ ŅźǝĻ ǤĻğƩ ǒƦķğƷĻ Ʒƚ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ЋЉЌЉ͵ ŷĻ /ƚƒƒźƭƭźƚƓ ǝƚƷĻķ БΏЉ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ğƒĻƓķƒĻƓƷƭ Ʒƚ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ǞźƷŷ ƷŷĻ ĭƚƓķźƷźƚƓ ƷŷğƷ ƷŷĻ ƓźŅźĻķ 5ĻǝĻƌƚƦƒĻƓƷ /ƚķĻ Λ 5/Μ ƦƩźƚƩźƷǤ ĬĻ ğķķĻķ Ʒƚ ƷŷĻ ƦƩƚƦƚƭĻķ ƌźƭƷ͵ wĻƭƦĻĭƷŅǒƌƌǤ ƭǒĬƒźƷƷĻķͲ LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ hƓ ĬĻŷğƌŅ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ĭĭʹ wźĭŷğƩķ ağƓĭźƌƌğͲ 5źƩĻĭƷƚƩ ƚŅ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ CźƌĻ City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 11, 2018 Source of Funds: General Fund Requested By: Mike Kirkwood Account Number: 001-9092-524-6021 Department: Planning and Development Amount Budgeted: $71,800 Report: X Resolution: Ordinance: X Amount Requested: TBD Exhibits: Dangerous Building Inspection Report Budgeted Item: YES X NO______ Exhibits: Ordinance Exhibits SUMMARY & RECOMMENDATION On April 23, 2018, Council reviewed the findings of the Dangerous Building Inspection Board and a June 11, 2018, a public hearing date was granted to consider formal action on the structure located at 9906 Rocky Hollow. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice (May 31 & June 7) in the Bay Area Observer and posted to the City of La Porte public bulletin board. Also, certified letters (voluntary consent to demolish form and public notice) were mailed to the building owners. City staff also posted the required notices to each property. The purpose of this public hearing is to receive property owner, citizen, and staff input as to why the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. Action Required by Council: Conduct public hearing and consider passage of an ordinance or other action regarding condemnation of a substandard structure located at 9906 Rocky Hollow. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING LOCATED AT LOT 14, BLOCK 40, OF FAIRMONT PARK WEST, SECTION FOUR (4), A SUBDIVISION IN HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 9906 ROCKY HOLLOW RD. TO BE IN FACT A NUISANCE, SUCH BUILDING BEING IDENTIFIED AS ONE PRIMARY RESIDENTIAL DWELLING BUT INCLUDING ALL SLABS, PARKING BAYS AND DRIVEWAYS, AND ORDERING SUCH BUILDING CONDEMNED; FINDING THAT ESTATE OF WENDELL KEITH ADAMS IS THE RECORD OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAID BUILDING BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that one primary residential dwelling situated at LOT 14, BLOCK 40, OF FAIRMONT PARK WEST, SECTION FOUR (4) A SUBDIVISION IN Ordinance No. Page 2 HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 284, PAGE 93 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, which is more commonly known as 9906 ROCKY HOLLOW RD., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated MARCH 29, 2018 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner and lienholders of said property that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on JUNE 11, 2018, at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear further evidence for and against the conclusions of the Board; WHEREAS, the City of La Porte has heretofore served notice upon said owner by posting a notice on the subject property at 9906 ROCKY HOLLOW RD. on or about MAY 23, 2018; and by registered mail, return receipt requested, which notice was shown by USPS as delivered to his last known address of 16297 Dockbar Court, Friendswood, Texas 77546, on or about MAY 26 , 2018 (RETURNED); a date more than ten (10) days before the date set for the public hearing; as required by law, such notice included a statement that that the owner was required to submit at the public hearing proof of the scope of work that may be required to bring the structure into compliance and the time it would take to reasonably perform the work; furthermore, notice of the aforementioned public hearing date was published in the Bay Area Observer on MAY 31, 2018 and JUNE 7, 2018; WHEREAS, the City of La Porte has additionally served notice upon James B. Nutter and Company, lienholder against the subject property pursuant to Deed of Trust dated March 1, 2014 and recorded under Harris County Clerk File No. T572069, by registered mail, return receipt requested, which notice was shown by USPS as delivered to said lienholder on or about MAY 29 , 2018, at its last known address of 4153 Broadway, Kansas City, Missouri 64111, a date more than ten (10) days before the date set for the public hearing; as required by law, such notice included a statement that that the lienholder was required to submit at the public hearing proof of the scope of work that may be required to bring the structure into compliance and the time it would take to reasonably perform the work; Ordinance No. Page 3 WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board, at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the JUNE 11, 2018 public hearing, is required to make its decision in writing and enter its order; and WHEREAS, after the conclusion of the said public hearing the City Council entered an order condemning the residential dwelling structure at 9906 Rocky Hollow Rd. on JUNE 11, 2018, a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building, being one primary residential dwelling, to be a public nuisance, and orders such building condemned. Section 4. The City Council hereby finds, determines and declares that ESTATE OF WENDELL KEITH ADAMS is the record owner of the property on which the aforementioned primary residential dwelling is situated, and that as such record owner, the said ESTATE OF WENDELL KEITH ADAMS has been duly and legally notified of those proceedings; furthermore, the City Council hereby finds, determines and declares that James B. Nutter and Company is the sole lienholder against the property pursuant to Deed of Trust dated March 1, 2014 and recorded under Harris County Clerk File No. T572069, and that the said James B. Nutter and Company has been duly and legally notified of those proceedings. Ordinance No. Page 4 Section 5. The City Council hereby orders the said ESTATE OF WENDELL KEITH ADAMS to entirely remove or demolish such building, including all slabs, parking bays and driveways, and further orders the said ESTATE OF WENDELL KEITH ADAMS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the buildings to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner of said property and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said ESTATE OF WENDELL KEITH ADAMS not comply with the orders contained in this Ordinance relating to the removal or demolition of such building including all slabs, parking bays and driveways within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said record owner of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such buildings, and made lien thereon. Section 9. The City Council officially finds, determines, and 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, Chapter 551, Texas Government Code; and that this meeting has been open Ordinance No. Page 5 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 contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 11th day of JUNE, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assist. City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: June 11, 2018 Source of Funds: N/A Requested By: Patrice Fogarty, City Secretary Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report: Resolution: Ordinance: X Amount Requested: N/A Exhibits: Ordinance Budgeted Item: YES NO SUMMARY & RECOMMENDATION The canvass of the May 5, 2018, general election took place on Monday, May 14, 2018. Section 2.08 of the City Charter provides that at the first meeting of council after canvassing the general election, City Council shall select one of its members to serve as mayor pro tem for a one-year term or until a successor is appointed and has qualified. If a vacancy occurs in the office of mayor, or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified or until the mayor is again able to assume the duties of the office. Action Required by Council: Consider approval or other action to adopt an ordinance selecting a Mayor Pro-Tem for a one-year term or until a successor is appointed and has qualified. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2018-_______ AN ORDINANCE PROVIDING FOR THE ELECTION OF A MEMBER OF THE LA PORTE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 11, 2018, THROUGH MAY 31, 2019, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby elects __________________ to serve as Mayor Pro-Tem of the City of La Porte, Texas, for the period June 11, 2018, through May 31, 2019, or until a successor has been appointed and has qualified. Section 2. The Mayor Pro-Tem shall serve in such office during said term, and pursuant to the Charter of the City of La Porte shall during the vacancy, absence or disability of the Mayor have all powers and duties of the Mayor of the City of La Porte during such vacancy, absence or disability of the Mayor. The Mayor Pro-Tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume the duties of the office, as the case may be. Section 3. 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, Chapter 551, Texas Government Code; 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 contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED AND APPROVED this the 11 day of June, 2018. CITY OF LA PORTE, TEXAS By: ______________________________ Louis R. Rigby Mayor ATTEST: _________________________________ Patrice Fogarty City Secretary APPROVED: __________________________________ Clark T. Askins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested June 11, 2018 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report X Resolution: Ordinance: Amount Requested: N/A Exhibit: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Affairs Committee consists of three regular members and one alternate. The regular members are Chuck Engelken, Jay Martin and Daryl Leonard. Dottie Kaminski is the current alternate. There is now a vacancy because Daryl Leonard is no longer on council. This Board meets quarterly, and a timely appointment by Council to fill the vacancy should be considered. Additionally, the Committee is scheduled to meet on Wednesday, June 13, 2018, to conduct interviews for City auditors. Council is being asked to consider an appointment to fill a vacancy on the La Porte Fiscal Affairs Committee. Members on this Committee serve without terms, and they must be a council member. Action Required by Council: Consider an appointment to fill a vacancy on the La Porte Fiscal Affairs Committee. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested June 11, 2018 Source of Funds: N/A Requested By: Corby Alexander City Manager Account Number: N/A Department: Administration Amount Budgeted: N/A Report Resolution: Ordinance: Amount Requested: N/A Exhibit: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On August 24, for the purpose of providing municipal court services. The City of La Porte Municipal Court would provide municipal court services for $20,000 each fiscal year for the first 600 citations processed. Any citations over the 600 were serviced at $31 per citation. The term of the agreement with the was for three (3) fiscal years plus one (1) month, commencing on September 1, 2015, and extending through September 30, 2018. However, the agreement may automatically be extended in one (1) year terms unless notice of termination is given by June 30 prior to the end of any term. Staff is requesting the City Council provide direction as it relates to the interlocal agreement with the City of municipality. Does Council want to allow the agreement to renew with no changes, terminate the agreement or recommend changes to the agreement? Action Required by Council: Discussion and possible action regarding Point. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 11, 2018 Appropriation Requested By: Rosalyn Epting Source of Funds: N/A Department: Parks & Recreation Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Lease Agreement Amount Requested: Exhibits: Pool Repair Quote-Hancock Pool Ser. Budgeted Item: YES NO Exhibits: Pool Repair Quote Summary Exhibits: Splash Park Conceptual Plan SUMMARY & RECOMMENDATION At the May 14th Council Meeting, staff updated council on the repairs that have been made at the Fairmont Park West Pool, as well as the cost to bring the pool up to code for a City public pool. At that time, staff was instructed to come back to Council with different options for the property located at 9801 Rustic Gate Road. It is important to reiterate that the lease agreement for this property with the Fairmont Park West Community Improvement Association will expire on September 30, 2018. A copy of the lease has been attached as an exhibit. Below, you will find five options for the property, as well as the expenses associated with each of those options. 1.Repair the pool to bring it up to public pool code: $47,120 plus the Aquatic Engineer findings, as well as annual recurring costs for utilities and chemicals The cost for the repairs is estimated at $47,120 by Hancock Pool Services. Note that this does not include the recommended Aquatic Engineer evaluation of the pool and any issues that individual may find. 2.Demolish the pool (leaving it in the ground), demolish the playground, backfill the pool, and leave the property open greenspace: $5,000 Public Works would demolish the pool and playground. During demolition, the bottom of the pool would be broken, or cracked, in multiple locations so that the pool no longer holds water. Then, the demolition material would be placed in the pool. Following that the pool would be backfilled. The only cost associated with this would be the cost of disposal for anything that needed to be hauled off. An asbestos test has already been performed and there is no asbestos on the property. Please note that if the City decided to use the property at a later time, it is possible that all of the demolition material and the pool would need to be dug up and removed at that time. 3.Demolish the pool (removing it completely), demolish the playground, backfill the area, and leave the property open greenspace: $15,000 A contractor would be hired to demolish and remove everything. Public Works would backfill the area. 4.Demolish the pool, demolish the playground,backfill the pool, and replace it with a small scale playground: $55,000 or $65,000 Option A: $55,000 Public Works would demolish the pool and playground keeping the pool in place and filling it with demolition debris. A smaller scale playground would be placed in the location of the current playground. If we were to move the playground to the current pool area, staff has concerns that the debris and pool that remain underground with interfere with placing the playground equipment footings. Demolition (pool remains underground) $ 5,000 Playground & Installation $50,000 TOTAL $55,000 Option B: $65,000 A contractor would be hired to demolish and remove everything. Public Works would backfill the area. The new playground could be placed anywhere on the property. Demolition (pool removed) $15,000 Playground & Installation $50,000 TOTAL $65,000 5.Demolish the pool (removing it completely), demolish the playground, backfill the pool area and replace it with a small scale splash park: $290,000 plus annual recurring costs for utilities and chemicals This would include demolition and removal of the structures on site (pool and playground) and installation of a small scale splash park. This splash park would be approximately one-half the size of our current splash park at Fairmont Park on Farrington. A conceptual plan of the splash park has been attached as an exhibit. Note that this does not include any shade structures or benches, which would add an additional expense. Demolition (pool removed) $ 15,000 Splash Park $250,000 10% Splash Park Contingency $ 25,000 TOTAL $290,000 Staff is looking for direction from Council on how to proceed with the amenities at this property. It is important to 0.6 miles away from Fairmont Park Pool on Hillridge. Action Required by Council: Discussion and possible action regarding the property and facilities at 9801 Rustic Gate Road. Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, City Manager Date POOL REPAIR SUMMARY FOR FPW HANCOCK POOL SERVICES, INC. ITEMCOST Replace existing pool pump room suction and discharge piping $16,400 New pump $6,400 Deck mounted & water line mounted depth marker replacement $6,800 Blow out pool suction and return lines $1,500 Fill line pliable wrappingcover on end$20 Leak Detection $1,750 ADA Chair Lift$5,800 4 Step Ladder $850 Chlorinator and acid pump $7,600 TOTAL $47,120 Notes: This does not include contingency. The concern is breakage of old brittle piping. They suggest hiring an aquatics engineer to get a complete list of all code related items. City responsible for wiring the new pump. Approximate project timeline June 11-July 2. Hancock Pool Services is a Buy Board Vendor. $1,764 has already been spent on repairs. $2,481 plus benefits has been spent in staff time. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 11, 2018 Source of Funds: N/A Requested By: Ray Nolen Account Number: Department: Emergency Medical Service Amount Budgeted: Report: Resolution: X Ordinance: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION Follow up discussion from the April 23, 2018 council meeting concerning Mutual Aid response by the EMS Department to neighboring communities. A report was given to city council on the current status of Mutual Aid responses and consideration was discussed about whether or not to change the current response policy for mutual aid. A decision was made for city staff to meet with administrative staff members of both Deer Park and Baytown to discuss what their plans are going forward to improve the current situation of inequity as it relates to mutual aid responses between their cities and the City of La Porte and bring that information back to council on June 11, 2018. City staff met with Deer Park on May 10, 2018 and was advised that a plan to implement the following resources and operational changes was being worked towards in an effort to reduce the number of mutual aid requests from La Porte: rd Explore staffing resources to keep a 3 ambulance staffed more consistently during peak times. Hire one additional supervisor so they can have a supervisor on every shift to help handle calls that outpace the number of ambulances available. Supervisors can treat 50% of patients that call for EMS and not require an ambulance. City staff met with Baytown on May 11, 2018 and was advised that a plan to implement the following resources and operational changes was being worked towards in an effort to reduce the number of mutual aid requests from La Porte: th Estimated a 5 ambulance being fully staffed and in-service in 4 6 weeks. The actual ambulance and equipment was purchased a while back but the staffing aspect has proven to be extremely challenging. In discussions with San Jacinto Methodist Hospital to implement a process to release their EMS personnel quicker by taking patient reports quicker and transferring patients off of the stretchers quicker. Baytown is even considering stationing a paramedic at the hospital to stay with patients brought in by Baytown EMS so their units can return to service quicker. Baytown has been advised that HCA is considering rebuilding another hospital in Baytown to replace East Houston Regional which closed after Harvey and this would in their opinion reduce the number of mutual aid calls to Baytown significantly. Mutual aid responses as of City Council meeting on April 23, 2018: La Porte received from: La Porte provided to: Agency Total Disregard Actual Agency Total Disregard Actual Baytown 1 0 1 Baytown 6 3 3 Deer Park 2 0 2 Deer Park 1 0 1 CLEMC 1 0 1 CLEMC 3 0 3 TOTAL 4 0 4 TOTAL 10 3 7 2018 YTD (Calendar) Total Mutual Aid Call Data: La Porte received from: La Porte provided to: Agency Total Disregard Actual Agency Total Disregard Actual Baytown 2 0 2 Baytown 19 8 11 Deer Park 4 0 4 Deer Park 16 2 14 CLEMC 3 0 3 CLEMC 5 1 4 TOTAL 9 0 9 TOTAL 40 11 29 At current, mutual aid requests for EMS response from the City of La Porte will not be accepted unless La Porte EMS has a minimum of two (2) ambulances in-service/available in the city and all responses to mutual aid requests are responded to out of EMS Headquarters. Extenuating additional EMS resources despite our established minimum will be determined by the on-duty EMS supervisor. Staff recommendation is to retain current mutual aid response policy and continue to closely monitor the implementation of additional resources stated by Deer Park and Baytown along with the number of mutual aid responses. Action Required by Council: Discuss EMS response to mutual aid requests and provide staff with direction on possible revisions to response policy if deemed necessary. Approved for City Council Agenda Corby D. Alexander, City Manager Date