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PR 20722: CONTRACT WITH STANLEY CONSULTANTS, INC. ENVIRONMENTAL CONSULTANT SERVICES
INTEROFFICE MEMORANDUM GRANTS MANAGEMENT DIVISION Date: February 21, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Ronald Burton, Assistant City Manager-Operations/Director of Development Services RE: PR#20722 Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute a resolution authorizing a contract between the City of Port Arthur and Stanley Consultants, Inc. of Coralville,Iowa for environmental consultant services for the Brownfields Grant with a not to exceed amount of$290,000; funding is available in 113-1051-517.59-00, Project#R18361. The City of Port Arthur received qualification statements from nine(9)Consulting firms concerning the Environmental Consulting services for the 2018 Brownfields Grant. City staff having reviewed such statements,and scoring each using an Evaluation Criteria,finds that Stanley Consultants,Inc. has the highest ranking. Background: The City of Port Arthur has been awarded a three year cooperative agreement with the U. S. Environmental Protection Agency for a Brownfields Grant in the amount of$300,000. The Assessment Grant does not require matching funds. The Brownfields grant will focus on assessing several blighted commercial properties in the downtown area and focus on implementing a redevelopment plan that will lead to business opportunities and job growth in the City's hardest hit areas by decades of economic decline. Approximately,eleven(11)Phase I Environmental Site Assessments(ESAs)will be conducted along with five Phase II ESAs. The results of the ESAs will describe the nature and extent of the environmental contaminations and provide options for remediation and redevelopment. Budget Impact: Funding is available in account number 113-1051-517.59-00. Recommendation: It is recommended that City Council approve the City Manager to authorize a contract between the City of Port Arthur and Stanley Consultants, Inc. S:\grants2\2018 Brownfields\Resolution\PR 20722.doc P.R. No. 20722 Date: 02/21/19 MEE RESOLUTION NUMBER A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND STANLEY CONSULTANTS, INC. OF CORALVILLE, IOWA FOR ENVIRONMENTAL CONSULTANT SERVICES FOR THE BROWNFIELDS GRANT WITH A NOT TO EXCEED AMOUNT OF $290,000; FUNDING IS AVAILABLE IN 113-1051- 517.59-00, PROJECT#R18361. WHEREAS, the City of Port Arthur received qualification statements from nine (9) Consulting firms concerning the Environmental Consulting services for the 2018 Brownfields Grant; and, WHEREAS, City staff having reviewed such statements, and scoring each using the published Evaluation Criteria, finds that Stanley Consultants, Inc. has the highest rating and recommends same to perform the Environmental Services for the Brownfields Grant; (See Exhibit"A"); and, WHEREAS, pursuant to Resolution No. 19-048, the City Council authorized the City Manager to negotiate a contract with Stanley Consultants, Inc. of Coralville, Iowa for environmental consultant services for the Brownfields Grant; and, WHEREAS, after the City Manager negotiated a contract price, it is recommended that the City Council approve a contract with Stanley Consultants, Inc. of Coralville, Iowa, for Environmental Consultant Services for the Brownfields Grant, in an amount not to exceed $290,000, in substantially the same form as attached hereto as Exhibit"A". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City Council hereby authorizes and directs the City Manager to execute, on behalf of the City of Port Arthur, a contract between the City of Port Arthur and Stanley Consultants, Inc. for the not to exceed amount of$290,000 in substantially the same form as attached hereto as Exhibit"A". Section 3. THAT funding for the contract is provided from Account Number 113-1051-517.59-00. Section 4. THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ,ADOPTED AND APPROVED this day of MARCH, A.D., 2019 at Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: MAYOR: COUNCILMEMBERS: NOES: DERRICK FORD FREEMAN,MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VAL TIZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: HARVEY ROBINSON, INTERIM CITY MANAGER RON BURTON,ASSISTANT CITY MANAGER Al, OVED F AVAILABILITY OF FUNDS: 1 REBECCA UNDERHILL, ASSISTANT CITY MANAGER/ACTING FINANCE DIRECTOR S:\grants2\2018 Brownfields\Resolution\PR 20722.doc EXHIBIT "A" CONTRACT FOR THE BROWNFILEDS ENVIRONMENTAL CONSULTANT THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and STANLEY CONSULTANTS a (n)ENVIRONMENTAL CONSULTANT FOR BROWNFIELDS PROJECTS herein acting by and through hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be THREE YEARS from start date on Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the not to exceed amount of$290,000. 6. The term "Contract Documents" means and includes the following: a) Agreement b) Advertisement for Bid c) Addenda d) General Information e) Specifications O Bid g) Notice of Award h) Payment Bond A- 1 i) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2019 ATTEST CONTRACTOR BY CITY SECRETARY A- 2 CITY OF PORT ARTHUR, TEXAS REQUEST FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN THAT sealed Qualifications, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 P.M., Wednesday, November 21, 2018 and all bids received will thereafter be opened and read aloud on Wednesday, November 21, 2018 at 3:15 P.M. in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: Request for Qualifications Environmental Consultant for the Brow nfields Grant. Qualifications received after closing time will be returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all qualifications and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. - � Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: November 2, 2018 SECOND PUBLICATION: November 9, 2018 . L. c; .nf o_ CITY OF PORT ARTHUR, TEXAS • ry 4/4' SI Al • /� ..-/ ADDENDUM NO. ONE (1) art rthur runs November 16, 2018 Quotes For: ENVIRONMENTAL CONSULTANT FOR THE BROWNFIELDS GRANT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: I. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 28, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, November 28, 2018 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. You are invited to attend. 2. Attached is the reference map. 3. The City does not have a DBE goal number, but we are requiring prime contractors that sub to make a good faith effort to hire HUB/DBE companies. 4. If the prime require a subcontractor, the prime must do the following a) Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). b) Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). c) Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). d) Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). e) Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). If you have any questions, please contact the Purchasing Division at 409-983-8160. t NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMIT 'ED WITH YOUR BID DOCUMENTS. Uiy /0 /e Cli''nn Williams CPPB Purchasing Manager. Ace'_ , . 3 November 19, 2018 Signature of Proposer Date - — -— -—-—--— - —I , .,.- . 1 i 1 1 , . •• E 1rMI111; :. 1 ____, g in ,.. . ,. . _.. . , iiitriii-In • , :Sf Q ` IIE __. En: nc 17.1 iIIW N _- it • I - 1Iiiii - 1 li , __ . z. 1 ilill 1 ;i . QI b 1 11 Q / 1 # et r : I I 1 1 I 1a )IIEJIIIJ 1 C w i_, /. I LEE L.____ f 1; 1 i •:: ' 1 1 . 1fLnm 1i IkI ;; i! I C UiiiT; cin.of = a CITY OF PORT ARTHUR, TEXAS ort rteuC7`r"'�` ADDENDUM NO. TWO (2) rte, November 16,2018 Quotes For: ENVIRONMENTAL CONSULTANT FOR THE BROWNFIELDS GRANT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Please submit the forms with the RFQ. a) Pages 10-17 b) Pages 24-33 If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: .ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. . / i . Clifton Wil Tams, CPPB Purchasing Manager November 20, 2018 Signature of Proposer Date DERRICK FORD FREEMAN,MAYOR "'` HARVEY ROBINSON THOMAS J.KINLAW HI,MAYOR PRO TEM Cuy of - INTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ()rt rt h u—r�� CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK November 5,2018 REQUEST FOR QUALIFICATIONS ENVIRONMENTAL CONSULTANT FOR THE BROWNFIELDS GRANT DEADLINE: Sealed qualification submittals must be received and time stamped by 3:00p.m., Central DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time,Wednesday, November 21, 2018. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15p.m. on Wednesday, November 21, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P19-007 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFQ to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Qualifications and Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting qualifications for the enclosed referenced services for the City of Port Arthur. Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL QUALIFICATIONS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFQ submittals will not be accepted. eg6• > Clifton Williams, CPPB Purchasing Manager Page 2 of 33 REQUESTS FOR QUALIFICATIONS ENVIRONMENTAL CONSULTANT FOR THE BROWNFIELDS GRANT (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 33 CITY OF PORT ARTHUR REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL CONSULTANT FOR THE BROWNFIELDS GRANT PREFERRED QUALIFICATIONS: Preference will be given to Respondents who possess the education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of environmental contamination. The credentials of an environmental professional include individuals who possess the following combinations of education and experience: Hold a current Professional Geoscientist (P.G.) license or registration from the State of Texas, be in good standing with the respective Texas Board of Professional Geoscientists, and have the equivalent of five (5) years of full-time relevant experience; or be licensed or certified by the State of Texas to perform environmental inquiries as defined in 40 CFR Part 312.21 and have the equivalent of five(5) years of full- time relevant experience; or Be qualified and have licensed trained, and/or certified personnel in accordance with Federal and State regulations to provide various environmental consulting services on staff or subcontract with a qualified firm to provide the services proposed. Perform all work under this Contract in accordance with all Local, State and Federal regulations required. Consultant must follow the Texas Commission on Environmental Quality (TCEQ) rules and regulations, as applicable. Consultant must possess and demonstrate all applicable licenses, permits, insurance and training required to perform environmental work activities. Where professional consultants are concerned, the City's review of qualifications must consider highest competency as the primary criterion. The objective of this project is to identify and delineate contaminants that may exist on properties located within the City's Brownfield Redevelopment Program Area, please see reference map. The selected Consultant(s) shall perform environmental consulting activities for Brownfields Site Assessments including lead and asbestos surveys, Phase I Environmental Site Assessments (ESAs), and Phase II ESAs for properties within the program areas. Additionally, the selected Consultant(s) may be requested to assist with program strategy, community outreach, future grant proposals, and independent third party review of ESA reports and related documents. The selected Consultant(s) shall be knowledgeable in all applicable Federal, State, and Local environmental regulations relating to environmental assessments and remediation. All Consultants awarded contract under this RFQ must adhere to all pertinent grant requirements. The EPA requires that all federally funded environmental monitoring and measurement efforts participate in a centrally managed quality assurance program. Any consultant generating data under this quality assurance program has the responsibility to implement procedures to ensure that the precision, accuracy, and completeness of its data are known and documented. To meet this responsibility, EPA requires that each Brownfields Project prepare a written Quality Assurance Project Plan (QAPP), which must be submitted to and approved by the EPA prior to the commencement 4f sampling on any targeted brownfields site. The selected Consultant(s) should have at minimum of 5 (five) years of environmental experience preparing the scope of services listed above, in addition of preparation of QAPPs. Brownfield Site Assessments: Knowledge of and familiarity with EPA processes,procedures, and Federal regulations is highly desirable. Page 4 of 33 Phase I ESAS: Conduct Phase I ESAs for program applicants in accordance with American Society for Testing and Materials (ASTM) E1527-13, City guidelines, and United States Environmental Protection Agency All Appropriate Inquiries Final Rule,40 CFR Part 312 (AAI) requirements. Phase II ESAs: Perform subsurface investigations to identify the presence or absence of potential contaminants, and delineate the vertical and horizontal extent of contamination if encountered. All subsurface investigation studies shall be conducted in accordance with Federal, State and local regulations, as well as applicable industry standards. Any samples (soil, water, and air) collected shall be analyzed by an authorized Texas Commission on Environmental Quality(TCEQ) laboratory and Consultant(s) shall render conclusions and recommendations in the Phase II ESA report based on Texas laws and regulations. Phase II ESAs shall meet minimum ASTM E1903-11 and environmental industry requirements. Consultant(s) will be required to provide recommendations based on Texas Risk Reduction Program guidelines. Additional services may include preparation of scopes of work, Quality Assurance Project Plans (QAPPs), Sampling and Analysis Plans, Health and Safety Plans, site investigations, and reports on the environmental condition of soil, surface water, groundwater, or other affected media in accordance with Federal and State approved standards, regulations and guidance. Reports shall meet minimum ASTM E1903-11 requirements, 2 CFR 1500.11 requirements, and all State imposed regulations. Lead Paint and Asbestos Surveys: Additionally, the selected Consultant(s) shall provide reports for asbestos/lead-based paint inspections and surveys in accordance with all Federal, State, and local environmental regulations. Development of Program Strategy and Community Outreach The selected Consultant(s) may be requested to assist with program strategy to enhance the growth of the program,provide recommendations for greater visibility of the program, and assist with a plan of action to target properties eligible to be revitalized and assisted under the City's Brownfield Redevelopment Program. Selected Consultant(s) may be required to attend and/or facilitate community meetings (as necessary) regarding site activities and program development. Grant Proposal Assistance The selected Consultant(s) may be required to assist with identifying grant opportunities and preparing grant proposals to secure additional program funding for sustainable program growth. Grant opportunities may include those offered through the EPA or other grant opportunities. Independent Third-Party Review of Environmental Reports It is anticipated that one Consultant will be selected to provide an independent third-party review of work prepared by other consultants to ensure quality data and recommendations adhere to the Texas Risk Reduction Program rules and regulations, EPA requirements, and industry standards. The selected Page 5 of 33 Consultant may be required to provide a professional opinion of such reports and provide additional recommendations(if needed). PROCESS AND PROCEDURES Assessments will be implemented through a series of work authorizations which shall govern the performance of services for which the City has received, or will receive local, State, and/or Federal funding. Work authorizations shall be executed by both parties and, at a minimum, shall describe the services to be performed under the most stringent requirements applicable to the funding source. The City does not guarantee a minimum number of projects or a minimum dollar amount for each project. The Consultant(s) are not authorized to begin work on any project until the City issues a Notice to Proceed for the project. The procedure for establishing each project assignment by negotiating subsequent written authorizations is as follows: Page 6 of 33 The City of Port Arthur requires comprehensive responses to every section within this RFQ. To facilitate the review of the responses, Firms shall follow the described qualification format. The intent of the qualification format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFQ are addressed in a uniform manner amenable to review and evaluation. It is requested that qualification packets be limited to no more than 50 pages, excluding resumes. A. EXPERIENCE 1. Provide a profile of experience for the team and all members of the firm. This section shall include,but not be limited to,the following: a. Experience of team- number of years in field,number of Certified personnel in firm. Include a brief description of responsibilities and summary resumes of key professional personnel emphasizing experience directly related to responsibilities of this project. Include any specialty certification, which demonstrates special qualification as it relates to this project. State any federal projects. Indicate any additional personnel your firm would anticipate needing to hire, as required, to take on the work for which this response is requested. b. Experience of firm- number of years in existence and number of employees. Include a brief overview of the accomplishments of the firm. Included the number of federal procurement jobs and duties. Provide office location where each phase of this work will be accomplished. Include names, titles, work addresses, and work telephone numbers of the responsible corporate officer(s) in the proposed office location. B. PAST PERFORMANCE 1. Identify and describe the proposed Team's past experience for providing services that are most related to this project within the past ten (10) years. For each project, provide the following information. : a. Project name, location, contract delivery method, and description b. Initial project and projected time for completion c. Final project cost and time for completion d. The nature of material change orders e. The nature of adverse claims or litigation f. Final project size g. Names of Team members h. Length of business relationship with the Owner 2. Identify and describe the proposed Team's past experience working with municipalities. 3. Identify and describe the proposed Team's past experience working in Port Arthur or surrounding areas. 4. Provide past experience of completed federal projects. 5. List any current projects that would impact your firm's ability to handle additional work for which this response is requested. Page 7 of 33 C. PROJECT APPROACH 1. Provide a brief description of the firm's plan for accomplishing the work and services to be provided to the City including, but not limited to: a. Bar schedule of activities for the entire project b. Technical approach to each phase of work. c. Indicate which team member will participate in each area of the work for both the lead firm and any sub-contractors. 2. Briefly describe the firm's approach to anticipating, recognizing and controlling safety risks. 3. Provide any other details regarding special services, products, advantages or other benefits offered to the Owner by your firm. 4. Describe your plan for communicating constructability, phasing, and other issues requiring decision-making by the Owner. Page 8 of 33 SELECTION PROCESS All applications will be screened by an evaluation committee and those applicants selected for a short list may be invited to attend an interview, at the applicants own expense. The City shall not incur any costs for applicant preparation and/or submittal of qualifications. The City will evaluate all responses based on the qualifications, past performance and project approach. The City reserves the right to negotiate the final fee prior to recommending any Firm for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience 30 pts b. Past Performance . 30 pts c. Project Approach .40 pts 2. City staff shall recommend the most qualified firm to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected firm shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked firm. The process shall continue until an agreement is reached with a qualified firm. 5. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending interviews. Page 9 of 33 LETTER OF INTEREST RFQ—Environmental Consultant for Brownfield Grant Deadline: November 21, 2018 The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Environmental Consultant for Brownfield Grant Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: • COMPLETED RFQ LETTER OF INTEREST FORM • CERTIFICATION REGARDING LOBBYING • NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) • AFFIDAVIT (MUST BE NOTARIZED) • CONFLICT OF INTEREST • HOUSE BILL 89 VERIFICATION •:• SB 252CHAPTER 2252 CERTIFICATION ❖ DISADVANTAGED BUSINESS ENTERPRISE (DBE) Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name Date Authorized Signature Title Name(please print) Telephone Address City/State/Zip Email Page 10 of 33 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid roposal. Signature: Printed Name: :ecky ,/to Title: Vice President Company: Stanley Consultants, Inc. Date: November 19, 2018 SUBSCRIBED and sworn to before me the undersigned authority by the of. on behalf of said bidder. !1 ',, ,c Melissa Joy((kill Tiedemann y19ia K Commission Number 794250 9J— totary • Pub c i and for th - State of Ts ow-tl My commission expires: : r ti 20 I`) Page 11 of 33 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become duc. Stanley Consultants, Inc. November 19, 2018 Firm Name Date i�i7, • / Vice President Aiithoriz Si_ ature / Title Becky Svatos 319.626.5313 Name(please print) Telephone SvatosBecky@stanleygroup.com Email STATE: I triArl- COUNTY: trtik cbI SUBSCRIBED AND SWORN to before me by the above named .t3f( 19 rjvttto S on this the Tel day of 140V ( , 20 ;I' • ______ .- ,.�{i IUeliva Jor Edsili Tiedemann? ' iss on Number 794250 I I ��� i ' i-"'-i •• M.mmissicn Expires t 'rotary Publi v 'a,* January 28, 2019 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 12 of 33 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg.. Regular Session. OFRCEUSEONLY This questionnaire is being filed in accordance with Chapter 176.Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176 006(a). By law his questionnaie must be filed with the records administrator of the local governmental amity not later than the 71,business day after the date the vendor becomes aware of facts that require the statement to be filed See Section 176.006(a-1).Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176 006. Local Government Code An offense under this sect:on is a misdemeanor .1 Name of vendor who has a business relationship with local governmental entity. NA nI I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you tilt an updated I I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate) Name of local government officer about whom the information is being disclosed. NR Name of Officer 14 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationshipdescribed. Attach additional pages to this Form CIQ as necessary. NFl A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income other than investment income. from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes n No © Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. NR 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts . as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176 003fa-I) 7 • NA Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission c,ww Ethics state is us ,. SB 252 CHAPTER 2252 CERTIFICATION I, Becky Svatos _ , the undersigned an representative of Stanley Consultants, Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153. certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. 1 further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran. Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Becky Svatos Name of Company Representative (Print) °nature • oimpany Representative November 19, 2018 Date Parc 15 of 33 House Bill 89 Verification 1, Becky Svatos (Person name), the undersigned representative (hereafter referred to as "Representative") of Stanley Consultants, Inc. ( ompany or business name, hereafter referred to as `Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn b) the undersigned notary,do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur;and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ,"1. -- IGNA/4 ' OF REPRESENTATIVE SUB CRI ED AND SWORN TO BEFORE ME, the undersigned authority, on this V day of Novrnxr , 20 10 . Urso ,S Melina Joy Edsili iedemann o C mrnissi¢n Nu r 794250 otary Publi Page 16 of 33 Disadvantaged Business Enterprise(DBE) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises. Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). Bidders are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following with the sealed bid: Names and addresses of DBE firms that will participate in this contract; Description of the work each DBE will perform; Dollar amount of the participation of each DBE firm participating; Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment;and If the contract goal is not met, evidence of good faith efforts to do so. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the owner. In addition, Contractor is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the owner and Contractor's receipt of the partial retainage payment related to the subcontractor's work. The contractor must promptly notify owner whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of owner. _Becky Svat•s (printed name of signatory) ____ It (signature and date) Page 17 of 33 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 18 of 33 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Grants, P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. Page 19 of 33 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by Page 20 of 33 virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERNIINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage$1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. Page 21 of 33 None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. Page 22 of 33 ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. + Page 23 of 33 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Owner and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Owner, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontractor who v ill be subject to its provisions. Becky Svatos (printed name of signatory) ) '7/ ( 'gnature/d date) 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., "Administrative Remedies for False Claims and Statements,"apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. Becky Svatos (printed name of signatory) (// agnat :)P ate) Page 24 of 33 3. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this contract: (1) The contractor agrees to provide the City of Port Arthur. TX. 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) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." Becky Svatos (printed name of signatory) /7 �f l+ 7� j ( .gnature Al date) Page 25 of 33 4. EQUAL EMPLOYMENT OPPORTUNITY 29 CFR Part 1630, 41 CFR Parts 60 et seq. During the performance of this contract,the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion,or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations,and relevant orders of the Secretary of Labor. (5)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules.regulations,or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:Provided. however,That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." Becky Svatos (printed name of signatory) il/ 2-5/ ( ignatur n ate) Page 26 of 33 5. GOVERNMENT-WIDE SUSPENSION AND DEBARMENT By signing and submitting its bid or proposal,the bidder or proposer agrees to comply with the following: (1) 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). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.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. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). 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 subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.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. Becky Svatos (printed name of signatory) signatu and date) Page 27 of 33 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 29 CFR § 5.5(b) (1) 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. (2) 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 therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States 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. (3) Withholding for unpaid wages and liquidated damages—The Owner 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. (4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (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. Becky Svatos (printed name of signatory) /I// gnat and date) Page 28 of 33 7. LOBBYING 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 by 31 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 (To be submitted with each bid or offer exceeding$100,000) 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 funds 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 subawards 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 representation 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, Stanley Consultants, Inc. 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. Page 29 of 33 Executed this (q day of 'et0\X r ,20 0) By / Sigrure o ' er/Contractor/Su ontractor's Authorized Official Becky Svatos Printed Name of Bidder/Contractor/Subcontractor's Authorized Official Vice President Title of Authorized Official Page 30 of 33 8. CLEAN AIR 42 U.S.C. § 7401 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Becky Svatos (printed name of signatory) A -ago R 7 ( g (signa' ': . date) 9. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 et seq. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the State of Texas, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Becky Svatos (printed name of signatory) N l 4_14 , (signat;.e and date) Page 31 of 33 10. PROCUREMENT OF RECOVERED MATERIALS 42 U.S.C. 6962 (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements: or (iii)At a reasonable price. (2) Information about this requirement,along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https:/Avww.epa.gov/smm/comprehensive- procurement-guideline-cpb program. Becky Svatos (printed name of signatory) / 1k/ igna nd date) 11.DEPARTMENT OF HOMELAND SECURITY 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 Beck) Svatos (printed name of signatory) it t ( gnature date) Page 32 of 33 12. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Becky Svatos (printed name of signatory) lo 53.- ( 'gnatu//Anddate) Page 33 of 33 PRICING Stanley Consultants is providing the following cost information per your request on page 19 of the RFQ. The unit prices are subject to change based on the size of the subject properties, complexity and duration of the activity/task, number of samples and borings, and type of analyses. The number of units and task budget are from the EPA grant application and are subject to change based on the Cooperative Agreement between the City of Port Arthur and EPA. ESTIMATE PROJECT COSTS Grant Application Estimated Estimated Estimated Task Description Task Units Unit Cost Task Cost Budget Task 1: Grant Report and Implementation Quarterly Reports 11 $300 $3,300 Quarterly Financial Reports 11 $250 $2,750 Monthly Status Reports 33 $250 $8,250 ACRES Reporting 12 $300 $3,600 Task 1 Total $18,000 517,900 Task 2: Community Outreach Community Involvement Plan 1 $3,500 $3,500 Website Updates 11 $250 $2,750 Meetings 3 $3,250 $9,750 Task 2 Total $16,000 $16,000 Task 3: Site Inventory, Selection, Prioritization Site Inventory List 1 $10,000 $10,000 Criteria to Ranked Sites 1 $5,000 $5,000 List of Ranked Sites 1 $3,750 $3,750 List of Sites for Further Investigation 1 $3,000 $3,000 Task 3 Total NA' $21,750 Task 4: Site Assessments Site Eligibility Forms 15 $200 $3,000 Phase I ESAs 11 $3,750 $41,250 QAPP 1 $8,000 $8,000 SAP/HASP 5 $10,000 $50,000 Phase II ESAs 5 $20,520 $102,600 Task 4 Total NA' $204,850 STANLEYCONSULTANTS, Inc. » Qualifications for Environmental Consultant for Brownfields Grant» Revised February 19, 2019 Task 5: Cleanup and Reuse Plans ABCA (Cleanup Plan) 2 $5,000 $10,000 Reuse Plans 2 $5,000 $10,000 Task 5 Total NA' $20,000 Task 6: Close Out(Final) Report Report 1 $8,000 $8,000 Federal Forms 3 $500 $1,500 Task 6 Total NA' $9,500 TOTAL $290,000 1 -These tasks are included in Task 3 of the grant application with an estimated budget of$266,000. STANLEYCONSULTANTS, Inc. » Qualifications for Environmental Consultant for Brownfields Grant» Revised February 19.2019 2 C)6\, \q:L Exhibits Are Available For Review In The City Secretary's Office arnmemm impigno ""Y STANLEYCONSULTANTS City of Port Arthur, Texas 0— Qualifications for Environmental Consultant for the Brownfields Grant Solicitation Number: P19-007 November 2018 pili yg( r . REV DR= R III AN-OM • AD T _}Mill MI PI a 11111 m REV DR RAN eM H• ARD ' h I. T. EMI Woo 11111.115111 111 /111 • .. H T . a 0MIN��STWII inIA____■■ �■ • _SI 'It 11 I 11 a 5TH T IIIILJUIIIRIIIIIlWI _ - I Mi<# Wir1I.11 .- I ItiaMilili ■ PROCTER ST 9 � > < PROCTER ST • E 1 Z w •� it m ? ( fi��t?`' a .ollege ,. 4TH ST "1_ _ LA -IOORE:DR �_ 4, i 0.... :ieBuildi • . 1 -, _-- Gulf Intracoastal Waterway