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HomeMy WebLinkAboutPR 22346 AWARDING A CONTRACT TO HONESTY ENVIRONMENTAL SERVICES, INC. FOR ASBESTOS, LEAD AND MOLD ABATEMENT CONSULTING SERVICES City of / a\ Ill IBJ ort rChu� exas INTEROFFICE MEMORANDUM Development Services Department- Code Compliance/Demolition Division Date: March 1, 2022 To: Ronald Burton, City Manager Mayor and City Council , From: Darlene Thomas-Pierre, Code Compliance Manager Re: P. R. NO. 22346—AWARDING A CONTRACT TO HONESTY ENVIRONMENTAL SERVICES, INC. OF NEDERLAND, TEXAS FOR ASBESTOS, LEAD AND MOLD ABATEMENT CONSULTING SERVICES COMMENT Nature of the Request: Staff recommends that the City Council adopt P. R.No. 22346 authorizing the City Manager to execute a contract with Honesty Environmental Services,Inc. in an amount not to exceed$40,000.00. Honesty Environmental has demonstrated in their proposal that they are qualified and capable and have the professional staff and the ability to provide the City of Port Arthur with the necessary abatement consultant services. Staff Analysis/Considerations: Proposals for asbestos, lead and mold abatement consulting services were opened on November 17,2021. Honesty Environmental Services,Inc.submitted the most responsive proposal. Honesty Environmental's overall proposal was the most responsive because they submitted the lowest prices in the labor category,which is our largest expense for this service. Honesty's staff members have consistently provided excellent service,both professional and timely. The other firms submitting proposals were:(1)Choice Consulting,College Station,TX;(2)ERC,Houston,TX;(3) Intertek PSI,Nederland,TX(4)DTech Services,Inc.,Arlington,TX;(5)All Points Environmental,LLC,Beaumont, TX; (6)Ninyo &Moore, Houston, TX; and (7)Total Safety,Port Arthur, TX. Recommendation: Staff recommends that the City Council adopt P.R.No.22346 thereby authorizing the execution of an asbestos, lead, and mold abatement consulting services agreement between the City of Port Arthur and Honesty Environmental Services,Inc. in an amount not to exceed $40,000.00 Budget Consideration: Acceptance of this recommendation will not require a budget amendment.Funding is available in Account No.001- 13-035-5470-00-10-00(Professional Services). DTP cc:Pamela Langford,ACM/Director of Development Services Clifton Williams,Purchasing Manager P. R. No. 22346 03/01/22 DTP RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR CONTRACT TO HONESTY ENVIRONMENTAL SERVICES, INC. OF NEDERLAND, TEXAS, FOR ASBESTOS, LEAD, AND MOLD ABATEMENT CONSULTANT SERVICES, IN AN AMOUNT NOT TO EXCEED$40,000.00,TO BE CHARGED TO ACCOUNT NO. 001-13-035-5470-00-10-00 (GENERAL FUND). WHEREAS,the City Council finds it in the best interests of the City of Port Arthur to hire an asbestos, lead, and mold abatement consultant service; and WHEREAS,upon review of the proposals, eight (8)bidders were responsive; and WHEREAS,City staff,having reviewed such proposals,and scoring each using the published evaluation criteria, finds that Honesty Environmental Services, Inc. has the highest rating, and recommends a contract with Honesty Environmental Services,Inc.(evaluation matrix attached as Exhibit"A")for asbestos,lead and mold abatement consultant services, with an option to renew for two additional one-year periods; and WHEREAS, we expect to use the services of Honesty Environmental Services, Inc. primarily for commercial demolition projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the City Council of the City of Port Arthur hereby awards a contract for asbestos, lead, and mold abatement in the City of Port Arthur,to the best and lowest responsible bidder to-wit: Honesty Environmental Services,Inc., in substantially the same form, as delineated in Exhibit"B"; and THAT,the contract amount will not exceed$40,000.00; and THAT,the City Manager of the City of Port Arthur is hereby authorized to execute a contract between the City of Port Arthur and Honesty Environmental Services, Inc. of Nederland, Texas. P. R. No. 22346 03/01/22 DTP THAT said contract,attached hereto as Exhibit"B",is a duplicate of the standard form Contract previously approved by the City's Legal Department; and THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the 29th day of March,A.D.,2022,at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: ►,L / , , CITY SECRETARY CITY A ! ORNEY APPROVED F W \I I ! STRATION: y&sop,. l 6 /- CITY MANAGER ,\ ASSISTANT CITY MANAGEI - DIRECTOR OF DEVELOPMENT SERVICES Al'PROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: i DIRECTOR OF FINANCE PUR ' • SING MANAGER 4 'I 't m ? § k } / & % EXHIBIT ccA„ \ , ]. \ — — { —z — O , 3 - 9 k ) \ } / f ƒ s — — % nE _ ett a © G s 2 k {> . 0 § Z { � _ y — _ \ M ) vi % / \ § / = — \ � E _4. -. / r ƒ \ ' 3gc_ \ f w = r 2 _ et \ \CO 0 \ \ - / } R\ ) - \ — \ - — \ k / 0 \ ® 2 f_ \ [ / ril . - \ \ O \ � ? / ` I f 7 % \ § } m 6 :,..(2.:: 5 ® R / Q■ ~_ § ' / / i--. § .1:74 \'' / �� ` ` \ eo A Exhibit "B" STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services ("Agreement")is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and Honesty Environmental Services, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto(the"Effective Date")and shall continue thereafter until the one(1)year anniversary of the Effective Date. 2.2 Professional may terminate this Agreement by giving thirty (30)days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City(the "Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided,and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of PaN ment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA by payment of a fee not to exceed$40,000. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Page 2 of 14 City of Port Arthur, Texas Professional Services Agreement Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit B,and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. Page 3of14 City of Port Arthur, Texas Professional Services Agreement 6.4 Professional shall furnish the facilities, equipment,telephones,facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. Page 4 of 14 City of Port Arthur, Texas Professional Services Agreement C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to Page 5 of 14 City of Port Arthur, Texas Professional Services Agreement conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified Page 6 of 14 City of Port Arthur, Texas Professional Services Agreement below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: Honesty Environmental Services, Inc. 2300 FM 365, Suite 450 Nederland, Texas 77627 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS Page 7 of 14 City of Port Arthur, Texas Professional Services Agreement OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a Page 8 of 14 City of Port Arthur, Texas Professional Services Agreement result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 14 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2022. CITY: CITY OF PORT ARTHUR, TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2022. PROFESSIONAL: HONESTY ENVIRONMENTAL SERVICES By: Name: Title: Page 10 of 14 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services Consulting services shall be provided as follows: 1) Description of Work: CONSULTANT will perform the work described below: a) The designing of asbestos, lead, and mold abatement projects; b) The inspection for asbestos-containing materials (ACM), lead paint, and mold; c) The evaluation and selection of appropriate asbestos abatement, lead abatement, and mold abatement methods and project layout; d) The preparation of plans, specifications and contract documents; e) The review of environmental controls, abatement procedures for personal protection employed during the project; f) The design of area and clearance monitoring of the project; g) Any inspection, management planning, air monitoring, or project management; h) Consultation regarding compliance with various regulations and standards; i) Recommendations for abatement options; and j) Representation of the City's interest. k) All work shall be performed in strict accordance with Texas Department of Health (TDH) rules and requirements for asbestos related consulting service by personnel approximately licensed by TDH. 1) Services related to National Emission Standards for Hazardous Air Pollutants (NESHAP) compliance should be considered priority issues. m) Within thirty (30) days following completion of field activities, provide a final report (one original and one copy) which includes the purpose(s), summary of results, conclusion,recommendations, summary of dates in table form, field notes, methodologies, sample data sheets, laboratory reports and/or other appropriate data. Page 11 of 14 City of Port Arthur, Texas Professional Services Agreement Exhibit B Rate Schedule TEXAS DEPARTMENTOF HEALTH LICENSED ASBESTOS CONSULTING SERVICES Labor rates shall represent complete hourly labor rates including taxes, benefits, overhead, profit, etc. Rate provided shall be applicable to hourly rate regardless of minimum charge. These rates are in effect for one year, with OWNER'S option to renew for two (2) additional one-year periods. LABOR CATEGORIES STANDARD OVERTIME RATE RATE Individual Consultant $35.90/hr $49.90/hr Inspector $35.90/hr $49.90/hr Inspector Assistant Included in above rate Included in above rate Air Monitoring Technician* $35.90/hr $49.90/hr (*includes five (5) 24-hour, in-lab PCM samples per work shift) MINIMUM CHARGE PER CALL-OUT/SITE VISIT Individual Consultant 4 hour @ $35.90/hr Inspector 4 hour @ $35.90/hr Project Manager 4 hour @ $35.90/hr Air Monitoring Technician* 4 hour @ $35.90/hr (*includes five (5) 24-hour, in-lab PCM samples per work shift) REPORT DEVELOPMENT/PREPARATION (as required) $35.90/hr ASBESTOS AND LEAD ABATEMENT PROJECT CONTRACT SPECIFICATIONS Includes the following: Page 12 of 14 City of Port Arthur, Texas Professional Services Agreement 1. Project design and development of contract specifications 2. Creation/distribution of required addenda 3. Pre-qualification of abatement contractors 4. Preparation of invitation to bid 5. Pre-bid walk-through conference 6. Notice of intent to award 7. Pre-construction conference 8. Distribution of up to ten (10) bound sets of specifications Price quotes include: 1. Required consultative interviewing 2. Project site investigation 3. Development of drawing 4. Revisions based on Owner's review Small Projects .$0.00 Projects with a combined amount of asbestos containing materials equal to or less than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. Subject materials shall be isolated to one specific work area. Large Projects $475.00 Projects with a combined amount of asbestos containing materials equal to or greater than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. ANALYTICAL RELATED FEES/CHARGES ASBESTOS AIR SAMPLES —Phase Contract Microscopy (PCM) 3-day, in-lab $0.00 each 24-hour, in-lab $0.00 each 2-hour, in-lab $0.00 each ASBESTOS AIR SAMPLES —Transmission Electron Microscopy (TEM) 24-hour, in-lab $29.90 each ASBESTOS BULK MATERIALS SAMPLES—Polarized Light Microscopy (PLM) 3-day, in-lab $ 9.90 each 24-hour, in-lab $ 9.90 each Page 13 of 14 City of Port Arthur, Texas Professional Services Agreement LEAD AIR SAMPLES —Flame Atomic Absorption (FAA) 3-day, in-lab $ 9.90 each 24-hour, in-lab $ 9.90 each 2-hour, in-lab $ 9.90 each LEAD AIR ANALYSIS —Flame Atomic Absorption (FAA) 24-hour, in-lab $ 9.90 each LEAD BULK ANALYSIS—Flame Atomic Absorption (FAA) 3-day, in-lab $ 9.90 each 24-hour, in-lab $ 9.90 each MOLD TAPE/BULK/AIR SAMPLES 3-day, in-lab $29.90 each Page 14 of 14 City of Port Arthur, Texas Professional Services Agreement ' r City of Port Arthur Request for Proposals Asbestos & Lead Abatement Consultant OBJECTIVE The City is seeking a response to the Request for Proposals (RFP) for an Asbestos & Lead Abatement Consultant. Asbestos consulting services shall be provided on an "as needed"basis without a minimum quality of work specified. The work shall include the provision of"turn-key" asbestos consulting services for the City of Port Arthur, Texas. The City is interested in securing the most qualified firm/personnel to perform the required services. Due to the nature of the requested services and the broad range of safety and health issues involved, the availability of on-staff, supplemental qualifications such as Certified Industrial Hygienist (CIH) and/or Certified Safety Professional (CSP), shall be recognized as advantageous to the City. In similar fashion, the availability of multiple monitoring, etc., to ensure effective response to the City's needs, shall also be recognized as an advantage. Consultant will represent the City interest. PROPOSED PROJECT A. Testing 1. The inspection of the properties for asbestos-containing materials(ACM) and lead; 2. All work shall be performed in strict accordance with Texas Department of Health (TDH) rules and requirements for asbestos related consulting service by personnel approximately licensed by TDH. 3. Services related to National Emission Standards for Hazardous Air Pollutants (NESHAP) compliance should be considered priority issues. 4. The evaluation and selection of appropriate asbestos abatement methods and project layout; 5. The review of environmental controls, abatement procedures for personal protection employed during the project; 6. Consultation regarding compliance with various regulations and standards; 7. The evaluation and selection of appropriate asbestos abatement methods and project layout. 8. Within thirty (30) days following completion of field activities, provide a final report (one original and one copy) which includes the purpose(s), summary of results, conclusion, recommendations, summary of dates in table form, field notes, methodologies, sample data sheets, laboratory reports and/or other appropriate data. B. The Bid Process 1. The designing of asbestos abatement projects which is the creating and writing of specifications and development of drawing for the abatement of asbestos and lead for the demolition projects. The City may require the Consultant to prepare the entire bid package which includes the plans, specifications, and contract documents or quotes. Make revisions at the City's request. 2. The Consultant will be required to attend all Pre-Bid Conferences to explain the specifications and answer questions. Consultant will be required to bring all the bidders to each location to show contractors what is required. 3. Consultant will be responsible for the Pre-qualification of abatement contractors 4. The Consultant will be responsible for recommending the contractor for award. C. Construction 1. The Consultant will be responsible to meet with the contractor and have a pre-construction meeting. 2. During the project the Consultant will be responsible for monitoring the contractor while work is being done. Must make sure the area is secure and take air samples. Page 4 of 17 3. Consultation regarding compliance with various regulations and standards. 4. Recommendations for abatemerit options. 5. Any inspection, management planning, air monitoring, or project management. 6. Project site investigation. D. Records 1. Consultant shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. 2. Records shall be kept in the office of the Consultant for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. E. Ownership of Documents 1. All documents, including original drawings, estimates, specifications, field notes and data are property of OWNER. CONSULTANT may retain reproducible copies of drawings and other documents. CONTRACT This is a one year contract with the option to renew for two additional one year periods. Page 5 of 17 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal 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 RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pa2es,_excludinp resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. PRICE A. Small Projects with a combined amount of asbestos containing materials equal to or less than one hundred sixty(160) square feet of surface area, two hundred sixty(260) linear feet of pipe length or one (1) cubic yard of material. Subject materials shall be isolated to one specific work area. B. Large Projects with a combined amount of asbestos containing materials equal to or greater than one hundred sixty (160) square feet of surface area, two hundred sixty(260) linear feet of pipe length or one (1) cubic yard of material. C. ANALYTICAL RELATED FEES/CHARGES 1. ASBESTOS AIR SAMPLES—Phase Contract Microscopy(PCM) 3-day, in-lab 24-hour, in-lab 2- hour, in-lab 2. ASBESTOS AIR SAMPLES—Transmission Electron Microscopy(TEM) 24-hour, in-lab 3. ASBESTOS BULK MATERIALS SAMPLES—Polarized Light Microscopy(PLM) 3-day, in-lab 24-hour,in-lab 4. LEAD AIR SAMPLES —Flame Atomic Absorption (FAA) 3-day, in-lab 24-hour, in-lab 2-hour, in-lab 5. LEAD AIR ANALYSIS 24-hour, in-lab 6. LEAD BULK ANALYSIS 3-day, in-lab 24-hour, in-lab Page 6 of 17 7. Labor rates shall represent complete hourly labor rate including taxes, benefits, overhead, profit, etc. Labor rates shall represent standard rates, NOT overtime (premium) rates. Rate provided shall be applicable to hourly rate regardless of minimum charge. 8. State the standard hourly rate and overtime hourly rate for the following: 1) Individual Consultant 2) Inspector 3) Inspector Assistant 4) Air Monitoring Technician (include five(5)24-hour, in-lab PCM samples per work shift 9. State the minimum number of hours and minimum hourly charge per call-out/site visit for the following: 1) Asbestos/Lead Consultant 2) Inspector 3) Project Manager 4) Air Monitoring Technician(include five(5) 24-hour, in-lab PCM samples per work shift 10. State the hourly rate for Report Development/Preparation as required. 11. Vendor must state any additional fee such as travel cost, mileage, food, hotel stay, etc. Vendor shall incur no travel or related expenses chargeable to the City without prior approval by an authorized representative of the City. EXPERIENCE The offeror shall provide the following information. 1) Experience evaluating and designing asbestos/lead abatement projects. 2) The number of years in business. 3) Professional affiliations. 4) Recent examples of abatement projects. Consultant(s) assigned by the offeror shall specialize in Asbestos and Lead Consulting. This experience shall be documented in a resume for each staff member of the organization that will be selected to provide asbestos and lead consulting. The offeror shall briefly describe the firm's experience and qualifications to deliver the requested services. The offerors' description shall also describe the proposed staffing level required to perform the services and a list of all key members of the offeror's team (except administrative support staff) and any consultant who will be committed to the project. Indicate the level of effort and function of each member of the project, and the length of each staff member's direct experiences. Prepare organization structure to show how the key members will be involved. Include resumes of these individuals. The resumes should include the following minimum information: 1) Name 2) An explanation of the function they will perform and their title by classification. 3) Their relevant educational background. 4) Their relevant work experience. 5) Their work experience with local, state and federal government clients. Page 7 of 17 6) Any specialized skills,training, and/or credentials that is relevant to the required services; (e.g.,degrees, certificates,etc). REFERENCES Include three(3)business references for which similar services have been provided. Include the following: 1) The term (beginning and ending dates)of your contract agreement(s); 2) A brief description of the scope of work; and 3) Contact name,title,address, and telephone number. The offeror(s) hereby authorize(s) and request(s) any person, firm, corporation and/or government entity to furnish any information requested by the City in verification of the references provided and for determining the quality and timeliness of providing the services. QUALITY OF SUBMISSION All documentation is submitted completely and professionally 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. Price 40 pts b. Experience ...... 35 pts c. References .15 pts d. Quality of Response .10 pts 2. City staff shall recommend the most qualified Asbestos & Lead Consulting firm to the City Council and request authority to enter into a contract. 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 RFP 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 8 of 17 LETTER OF INTEREST RFP—Asbestos & Lead Abatement Consultant Deadline: November 17, 2021 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Porposal (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to supply Asbestos & Lead Abatement Consultant Services. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: • Completed RFP Letter of Interest Form • Non Collusion Affadavit • Completed Affidavit ❖ Completed Conflict of Interest Form 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 RFP 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 RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP 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 Email Page 9 of 17 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: Page 10 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of ,20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid 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. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. 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 tothe 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.: Department Name, 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 601 f 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. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. 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 Page 14 of 17 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. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty(30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 15 of 17 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 Contractor 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$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less;or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person 1$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. Page 16 of 17 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. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 17 of 17 THURMAN BILL BARTIE,MAYOR i RONALD BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: ���%ll�j;'4� 4, SHERRI BELLARD,TRMC INGRID HOLMESCITY SECRETARY CAL JONES o rt rt h u _ THOMAS KINLAw III � VAL TREND KENNETH MARKS ' CITY ATTORNEY CHARLOTTE MOSES NOVEMBER 8,2021 REQUEST FOR PROPOSAL ASBESTOS & LEAD ABATEMENT CONSULTANT DEADLINE: Sealed Proposals submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 17, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, November 17, 2021 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P22-008 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your proposal 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 the Request for Proposal or Scope of Work should be directed in writinM to: City of Port Arthur,TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 cl i fton.wi l l i amsApo rtarthurt x.go v Purchasing Division/Finance Department I Purchasing Manager,Clifton,CPPB P.O.Box 10891444 4th Street j Port Arthur,Texas 776411 409.983.8160 j Fax 409.983.8291 The enclosed Request for Proposal (RFP) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS 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 RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 17 REQUEST FOR PROPOSAL ASBESTOS & LEAD ABATEMENT CONSULTANT (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 17 .` . Request for Proposals Asbestos, Lead, & Mold Consultant t. O. i -.........i r . .._.; Prepared for: City of Port Arthur 444 4th Street Port Arthur, Texas 77640 Prepared by: Honesty Environmental Services, Inc. 2300 Highway 365, Ste. 450 Nederland, Texas 77627 HES Proposal No. 21-675-050 November 2021 flHonesty Environmental Services, Inc. TABLE OF CONTENTS PAGE PRICE 1 SMALL PROJECTS 1 LARGE PROJECTS 1 ANALYTICAL RELATED FEES/CHARGES 1 EXPERIENCE 2 REFERENCES • 9 RESUMES 10 LICENSES/CERTIFICATIONS 11 ATTACHMENTS Individual Resumes Licenses Certifications Completed RFP Letter of Interest Form Non-Collusion Affidavit Completed Affidavit Completed Conflict of Interest Questionnaire Form HES acknowledges receipt of Addendum No. 1 14420 West Syivanfield Drive, Suite 200 2300 Highway 365, Suite 450 Houston,Texas 77014 Nederland, Texas 77627 Phone: (713) 856-5354 Phone: (409)632-2601 www.honestyenvironmental.com • Honesty Environmental Services, Inc. 11Page Honesty Environmental Services City of Port Arthur • Request For Proposal Asbestos, Lead & Mold Abatement Consultant November 23, 2021 PRICE A. Small Projects — Combined amount of Asbestos-Containing Materials (ACM) equal to or less than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material isolated to one specific work area. Abatement Specifications—NO CHARGE B. Large Projects — Combined amount of Asbestos-Containing Materials (ACM) equal to or greater than one hundred sixty (160) square feet of surface area, two hundred sixty (260) linear feet of pipe length or one (1) cubic yard of material. Abatement Specifications - $475.00 C. Analytical Related Fees/Charges 1. Asbestos Air Samples — Phase Contrast Microscopy (PCM) 3-day, in-lab -- NO CHARGE 24-hour, in lab — NO CHARGE 2-hour, in-lab — NO CHARGE 2. Asbestos Air Samples — Transmission Electron Microscopy (TEM) 24-hour, in-lab - $29.90 3. Asbestos Bulk Materials Samples — Polarized Light Microscopy (PLM) 3-day, in-lab - $9.90 24-hour, in-lab - $9.90 4. Lead Air Samples — Flame Atomic Absorption (FAA) 3-day, in-lab - $9.90 24-hour, in lab - $9.90 2-hour, in-lab - $9.90 5. Lead Air Analysis 24-hour, in-lab - $9.90 6. Lead Bulk Analysis 3-day, in-lab - $9.90 24-hour, in-lab - $9.90 2300 H!ghway 365, Suite 450 14420 West Sylvanfield Drive, Suite 200 Nederland, Texas 77627 Houston, Texas 77014 Phone: (409)632-2601 41E0 Phone: (713) 856-5354 www.honestyenvironmental.com Honesty Environmental Services, Inc. 21Page 7. Mold Tape/Bulk/Air Samples 3-day, in-lab - S29.90 8. Labor rates shall represent complete hourly labor rates including taxes, benefits, overhead, profit, etc. Labor rates shall represent standard rates, NOT overtime (premium) rates. Rate provided shall be applicable to hourly rate regardless of minimum charge. 9. Labor Rates Straight Time Overtime Asbestos/Lead/Mold Consultant $ 35.90/hour $ 49.90/hour Inspector $ 35.90/hour $ 49.90/hour Inspector Assistant NO CHARGE Air Monitoring Technician* $ 35.90/hour $ 49.90/hour • `Includes five (5) 24-hour, in-lab PCM samples per work shift 10. Minimum Number of Hours and Hourly Rates per Call-Out/Site Visit Asbestos/Lead Consultant 4 Hours $ 35.90/hour Inspector 4 Hours $ 35.90/hour Project Manager 4 Hours $ 35.90/hour Air Monitoring Technician* 4 Hours $ 35.90/hour *Includes five (5) 24-hour, in-lab PCM samples per work shift 11. Report Development/Preparation Hourly Rate $35.90/hour 12. No travel cost, mileage, food, hotel stay, or related expenses will be charged to the City of Port Arthur by HES except a natural disaster response situation. EXPERIENCE 1) Experience Evaluating and Designing Asbestos/Lead/Mold Abatement Projects: HES is a professional occupation health and safety consulting firm in business since 1995 that specializes in all aspects of asbestos/lead paint hazard management and abatement consulting activities. HES has in- house capabilities to conduct "turn-key" asbestos, lead paint and mold ' consulting services which includes conducting inspections, preparing abatement technical specifications, designing abatement projects, writing mold protocols, providing licensed project managers/air monitoring technicians, and providing final close out documentation. HES has access to a competent Certified Industrial Hygienist as well as a Certified Safety Professional if the need should arise. Rest assured that our multiple number of accredited/licensed asbestos/lead/mold 2300 Highway 365, Suite 450 4E0 14420 West Sylvanfield Drive, Suite 200 Nederland, Texas 77627 Houston, Texas 77014 Phone: (409) 632-2601 Phone: (713) 856-5354 www.honestyenvironmental.com • • Honesty Environmental Services, Inc. 31Page personnel is available to effectively respond to all the City of Port Arthur's needs. Our staff can help develop and implement an appropriate field sampling strategy and record keeping system in order to collect representative and sufficient bulk samples to determine the presence of asbestos/lead containing materials and mold within a given facility. HES has conducted inspections, designed abatement projects, written mold protocols in accordance with applicable regulations such as the Texas Asbestos Health Protection Rules (TAHPR), Asbestos Hazard Emergency Response Act (AHERA), EPA National Emissions Standard for Hazardous Air Pollutants (NESHAP), U.S. Department of Housing and Urban Development (HUD) and Texas Department of Licensing and Regulation. Determination of the extent of airborne fiber/contaminant workplace exposure levels can be accomplished through collection of representative area and personnel air samples. Review of all analytical results obtained from the collected samples helps to determine the extent of exposure hazard from asbestos/lead containing materials and provide recommendations of the most reasonable and cost- effective methods for asbestos/lead hazard control. Analysis of samples for asbestos is conducted by NVLAP accredited and DSHS licensed laboratories using Polarized Light Microscopy (PLM) in compliance with guidelines established by the US EPA (40 CFR Part 763.115). The NITON XL Model 309 portable X-Ray Fluorescence instrument is used to test for lead-based paint coatings in the field. Bulk sample analysis for lead is performed at an ELPAT accredited laboratory using approved methods such as USEPA 7420, 6010, 7082 and 600/8-91-213. Exposure assessment reports are prepared after reviewing results of the asbestos/lead hazard assessment survey. Technical specifications are prepared for the execution of identified asbestos/lead hazard abatement work. if required. Additionally, HES will conduct the pre-bid meetings assist the owner with the pre-qualifying/selection of abatement contractors, and conduct pre-construction meetings prior to the start of the project. Once a project is initiated, HES can provide continuous inspection and monitoring of the contractor's performance in accordance with the project specifications (e.g. airborne emissions, standard operating procedures, respiratory protection practices, and waste handling and final disposal). HES inspects the work area after abatement and conducts clearance testing prior to re-occupancy. The work area is released only after both visual inspection 2300 Highway 365. Suite 450 14420 West Syivanfeld Drive, Suite 20C Nederland, Texas 77627 Houston, Texas 77014 Phone: (409) 632-2601 41ED Phone: (713)856-5354 www.honestyenvironmental.com Honesty Environmental Services, Inc. 4lPage and air monitoring has determined compliance with the specified job clearance standards. Finally, HES supplies a final project report to the Owner which certifies contractor compliance with the project specifications, and final clearance sample concentrations are at acceptable levels. If warranted, HES can assist in the development and implementation of an appropriate Operations and Maintenance (O&M) program for facilities with asbestos-containing materials which will remain in place. HES's personnel have broad-based experience in applying their technical skills to a variety of projects, including projects for the City of Port Arthur. Listed below are various types of projects in which experience has been gained. These include constructed projects (building and non-building); energy resource projects; hazardous waste projects; projects addressing natural hazards; natural resource systems; and environmental radioactivity. By combining the technical skills and project experience of our personnel, HES can assemble a skills/experience combination of professional staff to accomplish assigned tasks efficiently and effectively. TECHNICAL SKILLS Asbestos Management Lead Management Air Quality/Indoor Air Toxic/Mold Industrial Hygiene Soil and Hazardous Waste Management Environmental Site Assessments Lab Programs Soil and Water Sampling Groundwater Investigations 2) The Number of Years in Business: Honesty Environmental Services, Inc. has been in business for 26 years provid'ng asbestos. lead paint and mold consulting services to a wide range of clients. HES has an extensive staff of Texas Department of State Health Services' licensed personnel in both asbestos, lead and mold. We have been serving Southeast Texas since 1995. 3) Professional Affiliations: American Industrial Hygiene Association Proficiency Analytical Testing Program 2300 Highway 365, Suite 450 14420 West Sylvanfield Drive, Suite 200 Nederland, Texas 77627flE0 Houston, Texas 77014 Phone: (409)632-2601 Phone: (713) 856-5354 www.honestyenvironmental.com Hones Environmental Services Inc. 8 Page • Bulk samples of suspect asbestos-containing materials were collected and delivered to a NVLAP accredited, DSHS licensed laboratory for analysis by Polarized Light Microscopy. • The survey reports listed sample numbers, descriptions, locations, quantities, analysis results, and recommendations. Intercontinental Airport Houston, Texas Abatement of Lead-Based Paint from runways HES provided the following services: • Sample Collection & Analysis by NIOSH 7082 Method for Lead • Abatement Specification Design • Air monitoring for lead during abatement work at Flight Stations • Project Management Texas Workforce Commission Austin, Texas Asbestos Surveys at statewide facilities (50 Total) HES provided the following services: • Develop Operation and Maintenance (O&M) Plans to manage asbestos in buildings • Personnel Training for asbestos awareness • Abatement Specification Design • Daily Project Management • Daily Air Monitoring by DSHS Licensed Personnel • Project close-outs and documentation Houston I.S.D. Houston, Texas Asbestos/Lead Surveys at 25 schools HES provided the following services: • Asbestos and Lead-Based Paint Surveys • Abatement Specification Design • Project Management • Daily Air Monitoring by DSHS Licensed Personnel • On-site analysis by NIOSH 7400 Method for PCM • Clearance Testing by Transmission Electron Microscopy 2300 Highway 365, Suite 450 14420 West Sylvanfield Drive, Suite 200 Nederland, Texas 776274.1[0Houston, Texas 77014 Phone: (409)632-2601 Phone: (713) 856-5354 www.honestyenvironmental.com Honesty Environmental Services I, nc• 91Page REFERENCES Ms. Deborah Verret City of Port Arthur (formerly) P.O. Box 1089 Port Arthur, Texas 77641-1089 (409) 719-7059 Asbestos Lead & Mold Inspections, Technical Specifications, Air Monitoring, Clearance Sampling, Final Reports Mr. Edgar Redeaux Port Arthur ISD 4801 9'h Avenue Port Arthur, Texas 77642 (409) 540-9329 Asbestos, Lead & Mold Inspections, Technical Specifications, Air Monitoring, Clearance Sampling, Final Reports Mr. James Pearson Christus St. Elizabeth Hospital 2830 Calder Avenue Beaumont, Texas 77702 (409) 656-6273 Asbestos, Lead, & Mold Inspections, Technical Specifications, Air Monitoring, Clearance Sampling, Final Reports 2300 Highway 365, Suite 450 flE0 14420 West Sylvanfield Drive, Suite 200 Nederland, Texas 77627 Houston, Texas 77014 Phone: (409)632-2601 Phone: (713)856-5354 www.honestyenvironmental.com Honesty Environmental Services, Inc. 10 ' Page RESUMES The following resumes are for the proposed qualified, licensed individuals who would be key members of our team and the licensed consultant who will be committed to the project. Full resume of each may be found at the end of this document. Daniel Ward — Vice President (32 years experience) Texas Department of State Health Services (DSHS) Licensed Asbestos Consultant DSHS Licensed Project Manager DSHS Licensed Air Monitoring Technician DSHS Licensed Management Planner DSHS Licensed Asbestos Building Inspector Charisse Crochet— Senior Asbestos/Lead Project Manager (20 years experience) DSHS Licensed Asbestos Building Inspector Martin Dehlinger— Senior Project Manager (12 years experience) Texas Department of Licensing and Regulation Mold Assessment Consultant DSHS Licensed Asbestos Consultant Jennifer Phillips — Asbestos/Lead Field Technician (15 years experience) DSHS Licensed Project Manager DSHS Licensed Air Monitoring Technician DSHS Licensed Asbestos Building Inspector Gerald Hebert —Asbestos/Lead Field Technician (13 years.experience) DSHS Licensed Project Manager DSHS Licensed Air Monitoring Technician DSHS Licensed Asbestos Building Inspector Amber Bivens —Asbestos/Lead Field Technician (4 years experience) EPA Accredited Project Manager EPA Accredited Asbestos Building Inspector Clement Uwaka — Asbestos/Lead Field Technician (20 years experience) DSHS Licensed Project Manager DSHS Licensed Air Monitoring Technician DSHS Licensed Asbestos Building Inspector Sean Porter—Asbestos/Lead Field Technician (14 years experience) DSHS Licensed Project Manager DSHS Licensed Air Monitoring Technician DSHS Licensed Asbestos Building Inspector DSHS Certified Lead Risk Assessor 2300 Highway 365, Suite 450 14420 West Sylvanfieid Dr've, Suite 200 Nederland,Texas 77627flE0 Houston, Texas 77014 Phone: (409) 632-2601 Phone: (713) 856-5354 www.honestyenvironmental.com Honesty Environmental Services, Inc. 11 ' Page COMPANY RESUMES, LICENSES AND CERTIFICATIONS The following employee resumes, licenses and certifications are for the proposed work to be conducted for the City of Port Arthur. Individual licenses and certifications can be issued upon request. 2300 Highway 365, Suite 450 41ED 14420 West Sylvanfield Drive, Suite 200 Nederland,Texas 77627 Houston, Texas 77014 Phone: (409)632-2601 Phone: (713) 856-5354 www.honestyenvironmental.com i /. COMPANY ROLE Licensed Asbestos Consultant Lead Inspector PROFESSIONAL BACKGROUND Mr.Ward is a recent addition to the Honesty Environmental Services, Inc. family. He has over 30 years of experience in the environmental field specializing in Asbestos and ' Lead Paint consulting. He has several years of experience Daniel Ward in the construction industry which separates him and his team from the competition. Mr. Ward has the ability to Vice President incorporate a common sense approach to projects resulting in cost savings for the customer. He has conducted numerous asbestos/lead paint inspections, PROFESSIONAL LICENSES designed large abatement projects for renovation and + demolition of K-12 schools, universities, major hospitals, CERTIFICATIONS & and high-rise buildings. Mr. Ward has played major roles EDUCATION in the scheduling, staffing and project management of several multimillion dollar projects in commercial and industrial settings. He has overseen project compliance as Texas State Licensed Asbestos it relates to federal, state, and local regulations and project Consultant specifications. DSHS License # 105479 Asbestos Project Designer RELATIVE PROJECT EXPERIENCE EPA-Accredited > City of Port Arthur, Port Arthur, Texas > Port Arthur ISD, Port Arthur, Texas Asbestos Management Planner EPA-Accredited > Port Arthur EDC, Port Arthur, Texas > Lamar State College, Port Arthur, Texas Building Inspector for Asbestos EPA-Accredited > SpawGlass Construction, Port Arthur, Texas > Valero Refinery, Port Arthur, Texas NIOSH 582 Equivalent > Chevron-Phillips Chemical, Port Arthur, Texas University of Houston—Clear > University of Texas Medical Branch at Galveston Lake Bachelor's Degree Galveston, Texas Environmental Science — > Christus Health, Beaumont, Texas Industrial Hygiene/Safety > City of Beaumont, Beaumont, Texas Journeyman Carpenter > Beaumont ISD, Beaumont, Texas 4-year Formal Apprenticeship Program School, Beaumont, > Diocese of Beaumont, Multiple Locations, Texas Texas > Lamar University, Beaumont, Texas > Numerous Municipalities, Southeast Texas �- Exxon Mobil Refinery, Beaumont, Texas PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Building Inspector Lead Project Manager Lead Inspector PROFESSIONAL BACKGROUND Ms. Crochet is a recent addition to Honesty Environmental Services, Inc. She is a product of the new Golden Triangle office location. She has over 20 years of experience in the asbestos and lead paint field. She has conducted Charisse Crochet numerous asbestos/lead paint surveys and provided air monitoring/project management on several commercial Senior Asbestos/Lead abatement jobs including municipalities, K-12 schools, Project Manager I universities, hospitals, and a host of other commercial buildings. Ms. Crochet oversees the entire Golden Triangle office of asbestos/lead field technicians while PROFESSIONAL LICENSES. implementing and enforcing federal, state, and local CERTIFICATIONS & regulations on asbestos/lead abatement projects. She is proficient in reading air sample analysis using TRAINING PCM/NIOSH 582 methods; personnel monitoring; documentation of sample data; daily logs; and respirator Asbestos Project Manager compliance. DSHS Licensed # 501018 RELATIVE PROJECT EXPERIENCE Asbestos Building Inspector DSHS Licensed #603246 D City of Port Arthur, Texas LDEQ Accredited# 01190891 z Port Arthur ISD, Texas Asbestos Contractor/Supervisor D Lamar State College — Port Arthur EPA Accredited 9 SpawGlass Contractor, Port Arthur, Texas NIOSH 582 Equivalent > Port Neches-Groves ISD > Lamar University, Beaumont, Texas ➢ Beaumont ISD, Texas ➢ City of Beaumont, Texas > Diocese of Beaumont, Texas • Jefferson County, Texas ➢ Goose Creek CISD, Baytown, Texas • Galena Park ISD, Texas - COMPANY ROLE 111 Senior Project Manager Individual Asbestos Consultant { Mold Assessment Consultant PROFESSIONAL BACKGROUND Mr. Dehlinger oversees duties as a project manager for various projects, client relations, proposals, project design Martin Dehlinger and management, construction inspection, and project negotiations. Over the past 12 years Mr. Dehlinger has Sr. Project Manager gained experience in project bidding, design of i specifications and management of risks involving PROFESSIONAL LICENSES & asbestos; construction inspection duties involving visual CERTIFICATIONS inspections,job-site safety, documentation of construction practices, and compliance with federal state and local regulations. Mr. Dehlinger monitors interaction between Individual Asbestos Consultant ! the project management team and client representatives DSHS Licensed # 105786 I to ensure that all requirements are met, and provides technical input and coordinates asbestos related surveys, Mold Assessment Consultant project monitoring, and report preparation. TDLR#MAC1636 Asbestos Management Planner EPA Accredited RELEVANT PROJECT EXPERIENCE I i Building Inspector for Asbestos EPA Accredited Project Designer > City of Bryan — Multiple Sites, Bryan, Texas EPA Accredited OSHA 10-Hour Construction Safety and Health Training Lead Risk Assessor Training > Texas A&M University College Station, Texas • Bryan I.S.D. Bryan, Texas • Sam Houston State University, Huntsville, Texas > Grocers Supply - Multiple Sites, Texas Lead Inspector Training I > City of Temple, Temple, Texas EDUCATION > SpawGlass, Multiple Sites, College Station, Texas —_ > Plan North Architects, Houston, Texas Blinn College, Associates of Science Degree TXDOT, Brazos County, Texas December 2012 > Brazos County — Brazos County, Texas Sam Houston State University, Bachelor of > Prairie View A&M University, Prairie View, Texas Science December 2014 > Aldine ISD, Multiple Sites, Houston, Texas > Stephen F. Austin State University, Nacogdoches, Texas --- - - ._ -- T _1 PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Building Inspector Lead Paint Inspector PROFESSIONAL BACKGROUND i Ms. Phillips is a recent addition to Honesty Environmental Services, Inc. She is a product of the new office location. She has over 15 years of experience in the asbestos field. She has conducted numerous asbestos surveys and Jennifer Phillips provided air monitoring/project management on several commercial jobs including K-12 schools, universities, Asbestos/Lead hospitals, and a host of other commercial buildings. Ms. Project Manager Phillips is in charge of implementing and enforcing federal, state and local regulations on asbestos abatement projects. She is proficient in reading air sample analysis PROFESSIONAL LICENSES, using PCM/NIOSH 582 methods; personnel monitoring; CERTIFICATIONS & documentation of sample data: daily logs; and respirator compliance. TRAINING N Asbestos Project Manager DSHS Licensed # 501501 RELATIVE PROJECT EXPERIENCE > City of Port Arthur, Texas Asbestos Air Monitoring Tech DSHS Licensed # 706597 > Port Arthur ISD, Texas > SpawGlass Contractor, Port Arthur, Texas Asbestos Building Inspector > University of Texas Medical Branch at Galveston, ; DSHS Licensed # 603061 Galveston, Texas Asbestos Contractor and Supervisor EPA Accredited > Lamar University, Beaumont, Texas > Beaumont ISO, Texas Building Inspector for Asbestos EPA Accredited > City of Beaumont, Texas > Diocese of Beaumont, Texas Asbestos Air Monitoring Technician > Jefferson County, Texas NIOSH 582 Equivalent ➢ Port Neches-Groves ISD > Goose Creek CISD, Baytown, Texas > Galena Park ISD, Texas PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Building Inspector Lead Inspector PROFESSIONAL BACKGROUND Mr. Hebert is a recent addition to Honesty Environmental Services, Inc. He is a product of the new office location. He has over 13 years of experience in the asbestos/lead field. He has conducted numerous asbestos/lead surveys Gerald Hebert and provided air monitoring/project management on several commercial jobs including municipalities Asbestos/Lead universities, hospitals, and K-12 schools. Mr. Hebert Project Manager oversees implementing and enforcing federal, state and g local regulations on asbestos/lead abatement projects. He is proficient in reading air sample analysis using PROFESSIONAL LICENSES, PCM/NIOSH 582 methods; personnel monitoring; CERTIFICATIONS & documentation of sample data; daily logs; and respirator compliance. TRAINING Asbestos Licensed ed # 501 17 RELATIVE PROJECT EXPERIENCE DSHSer Licensed # 501417 > City of Port Arthur, Texas Asbestos Air Monitoring Tech DSHS Licensed # 706552 > Port Arthur ISD, Texas > SpawGlass Contractor, Port Arthur, Texas Asbestos Building Inspector DSHS Licensed # 602968 > University of Texas Medical Branch at Galveston, Galveston, Texas Asbestos Contractor and Supervisor ➢ Lamar University, Beaumont, Texas EPA Accredited > Beaumont ISD, Texas Building Inspector for Asbestos EPA Accredited > City of Beaumont, Texas > Diocese of Beaumont, Texas Asbestos Air Monitoring Technician Jefferson County, Texas NIOSH 582 Equivalent > Port Neches-Groves ISD > Goose Creek CISD, Baytown, Texas > Galena Park ISD, Texas -1 flEIE PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Inspector PROFESSIONAL BACKGROUND Ms. Bivens is a recent addition to the Honesty Environmental family. She has over four years of Amber Bivens experience in asbestos project management, asbestos inspections, and industrial hygiene procedures. Ms. Project Manager Bivens is a 2018 graduate of Lamar Institute of Technology's Occupational Safety and Health PROFESSIONAL LICENSES, program. Her experience includes project management, abatement air monitoring on EPA CERTIFICATIONS & TRAINING NESHAP projects. Industrial hygiene duties involve sampling for other analytes including silica, Asbestos Project Manager documentation of sample data, daily logs, and respirator compliance. Air Monitoring Technician Asbestos Building Inspector RELATIVE PROJECT EXPERIENCE .Asbestos Contractor and Supervisor EPA Accredited Building Inspector for Asbestos EPA Accredited ,NIOSH 582 Equivalent OSHA 10 Hour Training o Kirby Elementary School- Silsbee, Texas o Exxon Mobil- Beaumont, Texas o Indorama - Port Neches, Texas o WR Grace - Lake Charles, Louisiana o Entergy Nelson Plant, Westlake, Louisiana 1 PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Inspector PROFESSIONAL BACKGROUND Mr. Uwaka has been employed by Honesty Environmental for 19 years. He has over twenty years of experience in asbestos project management, asbestos inspections, and industrial hygiene procedures. Mr. Uwaka's project management experience includes project scheduling, staffing, onsite monitoring and final report production on Clement Uwaka schools, apartment complexes, military bases, airports, Project M a n a e r hospitals, demolition projects, and industrial sites. g Industrial hygiene duties involve operating the on-site PROFESSIONAL LICENSES, lab facility, conducting air monitoring, and analysis using PCM/NIOSH 582 methods, personnel monitoring, CERTIFICATIONS & TRAINING documentation of sample data, daily logs, and respirator compliance. Asbestos Project Manager DSHS Licensed # 500755 RELATIVE PROJECT EXPERIENCE Air Monitoring Technician • DSHS License # 705880 o City of Houston— Multiple Sites, Houston, Texas Asbestos Inspector o M.D. Anderson Cancer Research Center, Houston, Tx DSHS License # 602325 o Galveston Housing Authority, Galveston, Texas ;Asbestos Contractor and Supervisor o Houston ISD - Multiple Sites, Houston, Texas EPA Accredited o Stephen F. Austin State University, Nacogdoches, Tx o Texas Workforce Commission - Multiple Sites, Texas Building Inspector for Asbestos EPA Accredited o Aldine ISD, Multiple Sites, Houston, Texas o Bryan ISD, Multiple Sites, Bryan, Texas NIOSH 582 Equivalent o Shire Apartments, Port Arthur, Texas OSHA 10-Hour Training o Cameron Housing Authority, Cameron, Texas o University of Texas Medical Branch, Galveston, Texas o Houston Housing Authority, Multiple Sites, Houston, Tx o Woodland Christian Towers, Houston. Texas o Texas Department of Transportation, Multiple Bridges, Tx o Macy's Department Stores, Multiple Locations, Texas f o Port of Galveston, Galveston, Texas PROJECT ROLE Asbestos Project Manager Asbestos Air Monitoring Technician Asbestos Inspector r i j yv Lead Inspector PROFESSIONAL BACKGROUND Mr. Porter has been employed by Honesty Environmental for 7 years. He has over fifteen years of experience in project Sean Porter management, asbestos inspections and overseeing construction inspection and industrial hygiene procedures. Project Manager. Project management experience includes project scheduling, staffing and final report production on schools, apartment complexes, military bases, demolition projects, PROFESSIONAL LICENSES, and industrial sites. Industrial hygiene duties involve CERTIFICATIONS & TRAINING operating the on-site lab facility; conducting air monitoring and analysis using PCM/NIOSH 582 methods; personnel monitoring; documentation of sample data; daily logs; and Asbestos Project Manager ).< respirator compliance. DSHS Licensed # 500865 Air Monitoring Technician RELATIVE PROJECT EXPERIENCE DSHS License # 705992 Asbestos Inspector o Dow Chemical, Texas City, Texas License t 602599 o Texas Petrochem, Pasadena, Texas DSHSst o Houston ISD, Multiple Sites, Houston, Texas Lead Inspector o Naval Reserve Base, Corpus Christi, Texas DSHS Certification # 2060810 o University of Houston, Houston, Texas o Houston Community College, Houston, Texas o Emerald City Apartments, Houston, Texas Asbestos Contractor and Supervisor o Texas Workforce Commission, Multiple Sites, Tx EPA Accredited o Sears Department Stores, Multiple Sites, Texas BuildingInspector for Asbestos o Stephen F Austin State University, Nacogdoches, Tx p c Continental Airlines, Houston, Texas EPA Accredited o City of Houston — Multiple Sites, Houston, Texas NIOSH 582 Equivalent o Aldine ISD. Multiple Sites. Houston, Texas o United States Coast Guard, Houston, Texas • o TxDOT, Multiple Bridges, Tx Lead Risk Assessor o Macy's Department Stores, Multiple Locations, Tx o Houston Housing Authority, Houston, Texas OSHA 10-Hour Training o Texas Southern University, Houston, Texas o Lone Star College System, Tomball, Texas o Orange Housing Authority, Multiple Sites, Orange, Tx ( o Texas City ISD, Multiple Sites, Texas City, Texas .^ir I.:4 -..:-.\\*4 i:! r1 \• / :'11; 4 I k:-k...N. yr. ' ` i , Texas Department of State Health Services HONESTY ENVIRONMENTAL SERVICES INC is certified to perhrm as an Asbestos Consultant Agency in rhe State of Texas and is hereby governed br rhe nehts.prnilrtr.and rr.ponstbdliues set truth in Texas C)ccupauon.:(.ode,Chapter 1 tti.$and 7irlc 12 Texas idnunisrnnvc Code,Chapter_vi rel:nty;to Texas .ishesros Health Protection.as king a this license is not suspended or rrsvked Via,=,. of w r t r- ' ei ,. ..,14 i License Number. 100182 Ezpirstion Date:06/28/2023 e4---------- Jaebn Heliersteck M.D., Contral Number:97390 Commissioner of Health (Void After Expiration Date) VOID If ALTERED NON-TRANSFERABLE SEE BACK n4 I: (v/'y 1 C�i - l‘t i. ,y-' Texas Department of State Health Services BE ITI.NOfl N THAT HONESTY ENVIRONMENTAL SERVICES INC is certified to perform as a Lead Firm in the State of Texas and is herebygorerned by the tights,privileges and responsibilities set forth in Texas Occupations Code, Chapter 1955 and Title 25. Texas,l dministrati+e Code, Chapter 295 .elating to Texas£mironmental Lead Reduction,as long as this license is not suspended or revoked Certification Number.2110156 Expiration Date:07/09/2023 1.84---- John Helletstedt M.D., Control Number_ 7274 Commissioner of Health (Void After Espnadon Date) VOID IF ALTERED NOV-TRANSFERABLE SEE BACK vim, ,;:\ ( '' 1j • o'Y TEXAS DEPARTMENT OF LICENSING AND REGULATION R.O. Box 12157 Austin, Texas 78711-2157 1-800-803-9202 (512) 463-6599 www.tdlr.texas.gov If you cut around the border of the license it will fit in a standard 5"x 7"frame. HONESTY ENVIRONMENTAL SERVICES, INC. 6741 SATSUMA DR STE B HOUSTON TX 77041-2734 -".10CLIC 'Rick J';ziuerna • Cier arrf 7Z_ ('aras. :A1.D..f t1.c.it Clair• -� P Jte(en Carer r `1 `�{ _Nora Castarieda 'Thomas J'. 2 utler 'Wit: 1 ► 5: Joe(yar2a -Vice Chair , % i Cjnry f lt'escon, D.'L�.c., .Ti.c, - T�aCdT ssess'Immei1.t Company HONESTY ENVIRONMENTAL SERVICES INC License Number: AC00132 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: January 12, 2022 Brian E. Francis . Executive Director se# -4*1. it'Teias riel'artniefii:of e I te *, - e - - State Health Services Asbestos Indivithiattonsultant , p-*--- ' DANIEL R.WARD 'Liter*.No. 105479 , i , _ 1_2 - -• .Control No. .97766 ExpiiatIon Date: i 1-Nov-2022 ._ • , i — —. - 51_'? Y-4 .--..-'\: / ltt.k t) r i, Texas Department of State Health Services BE1TKNOWN THAT • SEAN M PORTER a certified to perform as a • Lead Risk Assessor in the State of Texas and is hereby governed by.the rights,privileges and responsibilities • set forth in Texas Occupations Code, Chapter 1955 and Tide 25. Texas.4druinistratt c Code.Chapter 295 ,,e,4-it% relating to Texas Environmental I-ead Reducti_isA;.ii)c ngis this license is not suspended or revoked. .i'�I:y -11.1111 r ,f-- yi �,'. . . Certification Number 2071261 1f r 4.'1 L'i'P'. ~;,-: "�'1. \\-T! tion Date:09/20/2023 } -.._.- V,`ohn Hel)erst�edt;MD-„ ;] ''):° ' t'Cotamissiofet oHealth �' Control Number. 7917 ..- A''. �- , mak'!. :waidAfter Expirrrtion Date) K - il 'VOID!FALTERED%.'NON-TRAA'S.FEliASLE ,f,/ ' J �,a' SEE BACK • • r Department of State Health Services cenifies that ' SEAN M POR-CIL r is cenikd as ay. •* - • Lead Risk A. sor • ' ;;.f • Certification \1 70741261 Control No:7917 t • jounliclierstco.ma. • Expires: 4/20f2023•••• : anmissionerofHeahh STATE OF TEXAS MARTIN DEHLINGER MOLD ASSESSMENT CONSULTANT LICENSE NUMBER MACI636 EXPIRES 08.t22f2023 rrXA8 oer4Rrnastr ter irot rsuvo Aso Rsoui.Arrol+ F • • LETTER OF INTEREST RFP—Asbestos&Lead Abatement Consultant Deadline: November 17,2021 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Porposal (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to supply Asbestos & Lead Abatement Consultant Services. Enclosed, and by this reference incorporated herein and made a part of this RFP,are the following: •:• Completed RFP Letter of Interest Form •e• Non Collusion Affadavit Completed Affidavit ❖ Completed Conflict of Interest Form 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 RFP 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 RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. 110k ei y En✓fronts Ser✓:ceS T4c ///1-3 Z f Firm Name Date CJS uP • uthorized Signature Title (�ou.te. l � L/OF 632 - 2_ 60 ! Name(please print) , Telephone 23 0 o Nw y 3 6 5 f-c- 11 5 0 /tleat.Qr l ai d TX 7762_7 Address f {{'� CiA,� 4n�J T�e_N U t r Email Page 9 of 17 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Namw r-.. j2 ttJur Title: V Company: /10 1 L 1 _ C Date: a//J rf /L 1 c or- SUBSCRIBED and sworn to before me the undersigned authority by the of, on 4c5g behalf of said bidder. NIKUL ARVINDBHAI PATEL •'`' Notary Public in a for the Notary Pubiic,State of Texas 9, :+w Comm.Expires 12-11-2021 State of Texas Notary ID 131376376 My commission expires: _ );-%7 Page 10 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements,letters, etc., shall be signed by a duly authorized officer of the company whose signature Es binding. Theersigned offers and agrees to one of the following: j,wid • I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. • H o n e.s 4y 1_n v;r a i rr ei-4a-i Sera Pc_c s, ..2-4 c.. 4 z-i/2-1 Firm Name Date :. ,42,?' , A)akd to Authorized Signature Title Dome.) k wev4/ 7/3 1Z1-- 822.37 Name(please print) Telephone Email STATE: TatS COUNTY: SUBSCRIBED AND SWORN to before me by the above named 2)ar,rei .4..--..r3 on this the 2a day of 12YeVerdoe4 20 . _,s1,„ rfV', NIKUL ARV!NDBHAI PATEL o'. c.:; Notary PuW1C,State of Texas Notary Public ,\OP)2.../ =9` :P.::: Comm Exotres 12-11.2071 -', ::' Netary iD 131376376 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80`h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`s business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business ret ionship with local governmental entity. l" N> 2. Check this box if you are flUn an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government office:named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes . No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the Eller of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local goverment officer gamed in this section. 4. �._. _ !/�2 3 I Signature ofperson doing bus messwnth the govemmental entity Date Page 12 of 17