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HomeMy WebLinkAboutPR 18430: SOFTWARE LICENSE FOR PURCHASE OF A LANDFILL GPS SYSTEM FORM GEOLOGIC COMPUTER SYSTEMS PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: John Comeaux, P.E., Interim City Manager FROM: Michael Tentrup, Landfill Superintendent DATE: July 29, 2014 SUBJECT: P.R. 18430 - Landfill GPS RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 18430 authorizing the City Manager to execute a contract Geologic Computer Systems of Waterford, Michigan for the purchase of a Landfill GPS system with three years of service. Funds are available in Account No. 403-1274-533.92-00 in the Public Works-Landfill Division FY 2014 Budget. BACKGROUND: The City Landfill is beginning a phase in its operation where vertical development will be the main operation for many years. During this time it is critical that the slopes are constructed at the correct angles with the waste being compacted sufficiently for the long term stability of the Landfill. The Landfill has evolved over the past decade from strictly a fill operation to now a mostly aerial fill to enable more efficient use of land. With this change strict survey controls are necessary on a daily basis. It is not feasible to have a survey crew on site every day of operation so an automated system is needed. A request for proposal (RFP) was advertised by the Purchasing Division and three (3) submittals were received. Of the three, Geologic Computer Systems submitted the most responsive proposal. The proposal submitted by Geologic includes three (3) years of service. We will be purchasing 2 complete systems for simultaneous operation with the compactor and bulldozer. We will also be adding the wiring and antennae to all operational equipment which will allow seamless transfer between the machines during equipment downtime. The total cost of the purchase with three (3) years of service will be $113,605. BUDGETARY/FISCAL EFFECT: Funds are available in the Public Works-Landfill Division FY 2014 Budget, Account No. 403- 1274-533.92-00. EMPLOYEE/STAFF EFFECT: Acceptance of this recommendation will have no effect on staffing levels at this time. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18430 authorizing the City Manager to execute a contract Geologic Computer Systems of Waterford, Michigan for the purchase of a Landfill GPS system with three years of service. Funds are available in Account No. 403-1274-533.92-00 in the Public Works-Landfill Division FY 2014 Budget. "Remember,we are here to serve the citizens of Port Arthur" P.R. No. 18430 7/29/14 mt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD SERVICE AGREEMENT AND SOFTWARE LICENSE AGREEMENT FOR THE PURCHASE OF A LANDFILL GPS SYSTEM FROM GEOLOGIC COMPUTER SYSTEMS OF WATERFORD, MICHIGAN, FOR THE NOT TO EXCEED AMOUNT OF $113,605.00; FUNDING IS AVAILABLE IN ACCOUNT NO. 403-1274-533.92-00. WHEREAS, the City Landfill needs real-time surveying to ensure that slopes are within specifications; and, WHEREAS, a request for proposal was advertised for a Landfill GPS system, with three (3) responders submitting proposals with no Port Arthur companies; and, WHEREAS, a committee of City staff having evaluated and ranked the proposal with Geologic Computer Systems of Waterford, Michigan determined to be the most responsive proposal for the system, see Matrix attached Exhibit "A" and proposal and quotation attached as Exhibit`B"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager be and he is hereby authorized to execute the Standard Service Agreement and Software License Agreement with Geologic Computer Systems of Waterford, Michigan, for the purchase of a Landfill GPS System with three (3) years of service for a total cost of$113,605, in substantially the same form as attached hereto as Exhibit"C"; and, THAT funding is available in FY2014 Budget Account No. 403-1274-533.92-00, and, THAT a copy of this Resolution be sent to the Contractor; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED, AND APPROVED this day of A.D., 2014, 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: Sherri Bellard City Secretary APPROVED AS TO FORM: Valecia Tize ino, City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUND: John Comeaux, P.E. Deborah Echols Interim City Manager Director of Finance Sue McDermott Shawna Tubbs Director of Public Works Purchasing Manager Exhibit "A" O 4 r op o, k3 ro )4 .. ; cc, t ro If i I 14 C x1 �' — O N O O to ,,` `1 co — co O O cip' K"� O p co co O Oro IE- r i on ;A y iiiii '� r O X O :. • i , il,..r, Vii: Li. 7 !" ii ; b o O 111111 ' ;! Exhibit "B" TY- GoOLOUic Computer Systems Quotation 2505 Williams Dr Waterford, WI 48328 Date: 07-18-2014 Phone: (248) 335-8863 Salesperson: Sam Rohr Fax: (248) 335-3629 Quote#: PAL-71814 Billing Contact Micheal Tentrup Phone: (409) 842-5686 City of Port Arthur Landfill Fax: 4732 W Highway 73 Email: mtentrup @sbcglobal . net Beaumont, TX USA 77705 GeoLogic prices are based on current costs of materials, labor and software licensing costs. This quote is an estimate of total customer cost and is valid for 90 days. 1 GeoLogic Orion Landfill GPS System Compactor $64,980.00 $64,980.00 1 GeoLogic Orion Landfill GPS System Dozer $36,250.00 $36,250.00 4 Wire Harness $2,975.00 $11,900.00 Sub Total $113,130.00 Shipping &Handling $475.00 TOTAL $113,605.00 Page 1 of 2 GeoLogic Computer Systems-Terms of Sale Copyright Terms All software described in this quote is copyright GeoLogic Computer F.O.B.Waterford, MI USA, Net 10 Days from invoice.All quotes in United Systems,©1988-2014. No part of GeoLogic Computer Systems software States Dollars.Quoted price valid for 14 days. may be reproduced,distributed,or transmitted in any form or by any System Lead Time means without the express written permission of GeoLogic Computer Unless specified otherwise,please allow two(2)to six(6)weeks for Systems Inc. licensing procurement,input of engineering design files,delivery and System Support installation. *The service fee is a three(3)year contract that includes Geologic Base Station Computer Systems telephone support,remote support,initial file `*If a base station is required or quoted,the customer must provide an importation and remote training,any additional program updates or internet connection to a dedicated Windows-based computer to run the patches,monthly data usage,and a warranty on hardware and software base station software. When the customer cannot provide an internet components for the pre-specified term of the service contract.This can be connection and/or Windows-based computer for the base station,internet paid as a monthly,yearly or lump-sum charge. Additional data or warranty connectivity and/or equipment will be supplied for an additional initial charges may apply when the service contract expires. The GeoLogic equipment charge and a recurring system support charge. Computer Systems Service Agreement must be signed prior to the Notes to Buyer provision of any support services. For best results,a recent survey with centimeter-accurate benchmarks will Taxes improve initial accuracy.The GeoLogic Software is a licensed software The buyer agrees to pay,in addition to any quoted prices above,all product that will require the landfill operator to sign a copy of the GeoLogic applicable Federal,State/Provincial, and Local taxes. Computer Systems Software License Agreement for each software package purchased. I accept the above quote: Signature Date Page 2 of 2 City of Port Arthur One (1) GPS Base Station, (Price inlcuded in 1 system purchase) -GPS Reciever QTY 1 -GPS Power Supply QTY 1 -GPS Antenna QTY 1 -Base Station Computer w/software QTY 1 (internet connection required) One (1) Compactor Orion GPS System, ($64,980) -GPS Reciever QTY 1 -GPS Antenna QTY 1 -Computer w/Geosite Software QTY1 -4G LTE Cellular Gateway Qty1 -Cellular Antenna QTY 2 -DC/DC Power Supply QTY 1 -All required wiring and mounting hardware One (1) Dozer Orion GPS System ($36,250) -GPS Reciever QTY 1 -GPS Antenna QTY 1 -Computer w/Geosite Software QTY1 -4G LTE Cellular Gateway Qty1 -Cellular Antenna QTY 2 -DC/DC Power Supply QTY 1 -All required wiring and mounting hardware Four (4) Wire Harness (D6N bulldozer, D7R bulldozer, 2003 826G Compactor, 2009 Ford F150 truck) ($2,975 x 4) -GPS Antenna QTY 1 -Cellular Antenna QTY 2 -DC/DC Power Supply QTY -All required wiring and mounting hardware Total Price$113,130 Shipping and Handling$475 1 City of Port Arthur, Texas Request for Proposal - Landfill GPS System Submitted by GeoLogic Computer Systems Waterford, MI Table of Contents Page 2 Response to Scope of Service Page 5 Organizational Chart Page 6 Resumes of Project Personnel Page 8 Landfill GPS Installation and Operation Experience Page 9 Fleet Preventive Maintenance and Repair Page 10 References Page 12 Pricing -^ Page 14 Notes to Buyer Page 14 Location Page 15 Proposed System Information Certificate of Liability Insurance Appendix A Appendix B Appendix C Appendix D Appendix E Geologic Service and Software Agreement WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 2 SCOPE OF SERVICE Comply 1. The Proposer shall provide equipment mounted in a landfill compactor (CAT 826g and/or CAT 826h), with the ability to be removed and operated independently as a rover Yes ^+ for various surveying needs, to include: a. Mobile GPS receiver, b. Rugged touch-screen panel computer for mobile use, Yes c. Computer and software package capable of analyzing GPS data to show density Yes achieved, wheel patterns traveled, elevation, northing and easting, relative to the landfill construction plan contained in system memory, d. A cellular based modem capable of transferring machine data in real time to an Yes offsite cloud server for redundancy, e. An aircraft style GPS antenna with a secure mount, Yes f. A puck style low profile data transfer antenna Yes 2. All computers shall be heavy duty, designed for mobile equipment use and capable of operating between -20°C and +60°C, and storage between -40°C and +60°C. All field equipment-mounted computers and GPS equipment shall meet a minimum MIL-STD- 810G Yes +* for shock, vibration, and acceleration. The computer shall be at least IP65 rated for dust and moisture 3. Software designed specifically for landfill management and shalt include all licenses required, with sufficient office executable copies to enable user management adequate Yes '" access for data analysis and planning. `""' 4. Data communication: all systems shall be equipped with a cellular modem capable of 4g LTE transfer speeds or greater. Radio systems will not be accepted. Yes 5. The computer shall be mounted on an adjustable dog-bone style mount in the cab of Yes the vehicle to allow for operator adjustment WWW.GCS3D.COM +1(248) 335-8863 SALES@GCS3D.COM 3 6. The computer shall have at a minimum: 1.8GHz Processor, 128 GB SSD storage, and 4 GB of RAM. The system will run the Windows 7 or above operating system. The computer Yes must have its own backup battery 7. The in-cab computer screen in the operator compartment shall be a minimum of 10.1" measure diagonally. The screen must be a minimum resolution of 1024X600 TFT LCD Yes display. The screen must be 100%sunlight readable and use a resistive touch display. 8. The system shall have internet connectivity whenever in operation and allow for Yes real- time remote service on all hardware components to the system over this network. 9. The system wilt send data in real time to an offsite (cloud) sever for backup and Yes redundancy. 10. The landfill software shall have the ability to control grade, show compaction patterns as color-coded wheel tracks to indicate path of travel and surface deflection. The software should also show the operator the boundaries for planned airspace, including grade and slope of the planned total air space. Surface deflection, as illustrated Yes with color change in wheel tracks, shall be calculated based on change in machine — elevation and layer thickness. Pass counting systems are only acceptable if they are in addition to surface deflection. 11. The installed in-cab software shall start up automatically upon machine startup, be ready to operate, and shall save data automatically at the end of or throughout each day. Yes The software shall shut down automatically with machine shutdown. 12. The software system shall, at the end of or throughout each day, automatically update the true terrain model of the existing grades, be capable of computing daily cover Yes .. material needed, and compile data to generate a report that will indicate the daily machine activity, calculate available airspace and the daily compacted volume of trash. 13. The system must be capable of being installed on multiple field units, including Yes -� bulldozers and compactors. 14. The hardware equipment for this proposal shall be useable in any brand of Yes equipment. WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 4 15. The system must be able to use the output from any major GPS software system Yes such as: Topcon, Ashtech, Leica, and Trimble in ASCII text format. 16. The system must be able to import design information from AutoCAD .DXF and Yes .DWG formats or as ASCII text point data. 17. All user manuals for the system, including the GPS RTK system, radios, and computer software which cover the operation, setup, and maintenance of the system Yes shall be provided at delivery. P, 18. Each bidder shall include a minimum three (3) year warranty on all hardware with Yes remote and phone support included in the price. 19. Each Bidder shalt include all external hardware costs that may be needed for operation such as radio repeaters, external mounts, wiring harness, or any additional Yes equipment needed to operate this 20. Each bidder shall include minimum three (3) days training on the operation of the Yes �., software and equipment. 21. Maintenance shalt cover all minor and major software updates, equipment failure, communication equipment problems, and software errors. This will include all RTK communication problems as the bidder will be responsible for maintain or trouble Yes shooting this network if line of sight or environmental issues arise. Maintenance shalt also cover all expenses to include, but not limited to parts, labor, shipping, traveling and surcharges. Oat WWW.GCS3D.COM, +1(248) 335-8863 SALES @GCS3D.COM Oa 5 Organizationat Chart + President `" I I Sales and Business I Treasurer Development and Service Manager Marketing Development Maria er Manager and .— 1 g I Field Support � 1 l Lead I Market ' """ Office Manager CAD Engineer i I Programmer , 1 Researcher Assistant `^ Programmer WWW.GCS3D-COM +1(248) 335-8863 SALES @GCS3D.COM 6 Resumes of Project Personnel Charles "Chuck" Julian • Education: M.S. in Geology, Michigan State University • GeoLogic Computer Systems: President, 1995 to Present • Landfill GPS Sates and Service Experience: 2003 to Present Chuck oversees all day-to-day operations for GeoLogic Computer Systems. Chuck has worked indirectly or directly with all of our landfill GPS customers over the years. Chuck will be the City of Port Arthur's point of escalation, and handles all technical and administrative issues that cannot be resolved by other team members. As such, he is not assigned to any particular customer. He is available as needed. •„ James Stone • Education: B.A. in Business, Kendall College • GeoLogic Computer Systems: Business Development and Field Support, 2012 to Present • Landfill GPS Sales and Service Experience: 2012 to Present • Highlight of Other Experiences: Al-jon Manufacturing, Regional Sales and Service Manager, 5 years: Preformed sales and service for landfill field units, directed customer compaction practices US Army: Crew Chief for AH-64 helicopters James handles GeoLogic's landfill GPS system installations, field service and training and a host of other business development tasks, including cultivating new sales partnerships and coordinating direct sales outreach. James has worked directly with all of our current landfill GPS system customers, including 11 of similar size and type. Most recently, James installed the landfill GPS system at McKenzie County Landfill in North Dakota, and is continuing to guide the landfill personnel in learning to use the GeoLogic Orion s' system. James is available as needed, and will be assigned to install the system at the City of Port Arthur Landfill. Benjamin Julian • Education: B.A. in Political Science, University Of Michigan-Ann Arbor. • GeoLogic Computer Systems: Technical Support: 2009 *•. Development and Service Manager: 2010 to present • Landfill GPS Sales and Service Experience: 2009 to Present • Highlight of Other Experiences: •" Google, Technical Specialist, 1 year WWW,GCS3D.COM +1(248) 335-8863 SALES@GCS3D.COM 7 IT technical support for various educational and business entities, 6 years Ben is responsible for technical support and managing product development and testing. Ben has worked with all of our current landfill GPS system customers, including approximately 11 landfills of similar size and type. This is similar to all of our employees that interact directly with customers. Ben works on an as-needed basis with each customer, and is available when requested. Ben is currently working with McKenzie County Landfill in North Dakota and the Region 2000 Services Authority in Virginia, both of whom have recently installed equipment. Ben will be assigned to perform technical support for the City of Port Arthur Landfill. Samuel Rohr • Education: B.A. Marketing from San Diego State University. • GeoLogic Computer Systems: Sales and Marketing Manager, 2009 to -° Present • Landfill GPS Sales and Service Experience: 2009 to Present • Highlight of Other Experiences: ^" US Air Force: AGE forward combat engineer Sam is responsible for sales outreach and marketing, as well as technical support and field support as needed. Sam has worked with all of our current landfill GPS system customers, including approximately 11 landfills of similar size and type. Sam will assist with technical support and account management as needed. He recently completed an installation at Region 2000 Services Authority and is available to help with new projects. a WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 8 Landfill GPS Installation and Operation Experience GeoLogic Computer Systems, Inc. was the first company to furnish operators with a comprehensive GPS-based monitoring program and hardware system, and has done so for over 18 years. GeoLogic Computer Systems has been in business continually since 1995, furnishing systems for survey, road construction, and machine control utilizing GPS data exclusively. GeoLogic Computer Systems specializes in landfill GPS systems, which run our GeoSite Manager System software and our GCS:Density landfill management module. The software is the heart of this system, specifically designed to provide landfill management with the data needed to minimize equipment operation expense and maximize density in the fill. GeoLogic Computer Systems has been installing landfill GPS systems since 2003, totaling more than 30 landfill GPS systems at 29 different landfills, both municipal and privately owned, in the US and Canada. In 2012, we developed the GeoLogic Orion'', our latest landfill GPS system, which we are proposing to the City of Port Arthur. As a testament to the .., success of our new system, GeoLogic has installed 8 of the GeoLogic Orion systems as of the date of this proposal. A WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 9 Fleet Preventive Maintenance and Repair As part of maintaining our vehicle-mounted landfill GPS systems, GeoLogic Computer Systems has performed maintenance and repair of fleet equipment at all of our 29 different landfill customers in the US and Canada. We pride ourselves on personal service and responsive, direct support. Our team is on a first name basis with the vast majority of our many landfill customers and heavy equipment operator users. We have defined the sites of a similar type and size to the City of Port Arthur landfill, as a medium sized MSW municipal landfill, taking in 300-1000 US tons *� per day. In our experience, these landfills typically are operating between 3-6 landfill compactors or bulldozers. We have 9 years of experience serving 11 similar sites since 2005. Our count excludes other Landfill customers who take CEtD, are privately-owned, or take tonnage outside of the specified range. WWW.GCS3D COM +1(248) 335-8863 SALES@GCS3D.COM 10 References Mike McElhare, Director Rockingham County Landfill, 281 Shuff Road, Wentworth, NC, 27375, USA (336) 347-2025 Customer since 2013 - One (1) Density System -CAT 836k and wiring harness Municipal Landfill - 380 Tons per day Scope of work: Improve landfill waste density Bill Rowland, Director Landfill of North Iowa Solid Waste Agency 15942 Kill Deer Avenue �- Clear Lake, IA, 50428, USA (641) 357-5452 Extension 11 Customer since 2007- One (1) Density System - CAT 826 Municipal Landfill - 300 Tons per day Scope of work: Guide fill placement, build to plan Ed Worrell, Operators Manager Riverview Land Preserve 20863 Grange Road Riverview, MI, 48192-7600, USA (734) 281-4263 Customer since 2004 - One (1) Density System - Bomag 1172, One (1) Dozer System CAT D7E, and wiring harness Municipal Landfill - 2,000 Tons per day Scope of work: Guide fill placement, build to plan, and improve waste density Patrick Lamoureux, Construction Director BFI Usine de Triage Lachenaie Ltee 3779 Chemin des Quarante-Arpents Lachenaie, PQ, J6V 1A3, Canada (450) 474-2010 Customer since 2009 - Four (4) Density systems, CAT 836 Et TEREX TM, and wiring harness Private MSW Landfill - 4000 Tons per day Scope of work: Guide fill placement, build to plan, and improve waste density WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 11 Rich Hand, Landfill Supervisor Broome County Nanticoke Sanitary landfill 286 Knapp Rd �- Binghamton, NY, 13905, USA (607) 763-4275 Customer since 2009 — One (1) Density System Bomag 1172 Municipal MSW Landfill — 650 Tons per day Scope of work: Guide fill placement, build to plan, and provide monitoring reports a WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM aria 12 Pricing Option 1 Option 1 - Includes 36 months of service, remote support, warranty, software updates and file imports. -� BASE SYSTEM: Complete and operational installed in Caterpillar 826H using RTK GPS technology for landfill density measurement including installation, training, and 3-year service, remote support, warranty and data. Proposal Price $64,980 Additional Proposal pricing: Installation of wiring and hardware in additional machines enabling the computer, GPS and other core hardware to be moved between machines. These are additional options, which may be accepted in whole, in part, or none depending on the city's budget and needs. Wiring and Hardware for additional compactors, pickup truck, and bulldozers if GPS antenna is installed on bulldozer cab roof: $2,975 each Wiring and Hardware for additional bulldozers if GPS antenna is installed on bulldozer blade: $4,175 each Optional: GLONASS upgrade for first compactor: $4,995 Additional Full Orion s" System: $36,250 (for any vehicle listed) includes 36- month warranty, service and support.** GLONASS upgrade for each additional vehicle: $2,495 ** Price only valid if purchased as part of this RFP WWW.GCS3D.COM +1(248) 335-8863 SALES@GCS3D.COM 13 Pricing r Option 2 Option 2 - Service, remote support, warranty, software updates and file importation paid in revolving monthly payments. BASE SYSTEM: Complete and operational installed in Caterpillar 826H using RTK GPS technology for landfill density measurement including installation and training. .� Proposal Price $ 54,900 36-Month service, warranty, support and data $300 per month Additional Proposal pricing: Installation of wiring and hardware in additional machines enabling the '" computer, GPS and other core hardware to be moved between machines. These are additional options, which may be accepted in whole, in part, or none depending on the city's budget and needs. "�" Wiring and Hardware for additional compactors, pickup truck, and bulldozers if GPS antenna is installed on bulldozer cab roof: $2,975 each '" Wiring and Hardware for additional bulldozers if GPS antenna is installed on bulldozer blade: $4,175 each Options/Upgrades: GLONASS upgrade for first compactor: $4,995 — Additional Full Orion TM'System: $32,650 (for any vehicle listed)** 36-Month Service, support and data $100 per month per additional full system GLONASS upgrade for each additional vehicle: $2,495 ** Price only valid if purchased as part of this RFP WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 14 Notes to Buyer The 3-year contract includes Geologic Computer Systems telephone support, remote support, initial file importation and remote training, any additional program updates or patches, monthly data usage, extended warranty on hardware and software components. -- An active data connection is required for the GeoLogic Orion''. Upon completion of the initial 3-year plan, a monthly subscription will be required. The buyer agrees to pay all applicable Federal, State/Provincial, and Local taxes. -- All quotes are in USD$. System Lead Time: Allow four (4) to six (6) weeks for licensing procurement, input of engineering design files, delivery and installation. For best results, cm-accurate control points are required and a recent survey is recommended, which will improve accuracy of initial density calculations. Geologic systems require an internet connection for the base station; one can be supplied for an additional monthly fee, if unavailable. The GeoLogic Software is a licensed software product that will require the landfill operator to sign a copy of the GeoLogic Computer Systems, Inc. License Agreement for each software package purchased. Location Geologic Computer Systems 2505 Williams Drive Waterford, MI 48323 PPR WWW,GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 15 Proposed System Information The GeoLogic Orion'was conceived in an effort to simplify an effective but complicated and troublesome process. The product was a modular system with minimal components that is easy to support. This simpler, modular approach also makes upgrades much simpler and lifetime cost less expensive. Patent �. GeoLogic Computer Systems' patented real-time deflection method allows the operators to see the machine's impact on the surface with every pass and displays compaction information in real time. On the contrary, pass-counting. systems merely measure horizontal movement and do not reflect compaction. •.¢ The following is the abstract of GeoLogic Computer Systems' real-time deflection patent. Monitoring Compression of Successive Layers of Landfill Material and Measurement of Layer Density US Patent 8370067 Filed on May 5, 2005 A method and system and the use of a 3-D positioning system for monitoring a landfill and landfill material added thereto and undergoing compaction and measures in real time the relative density of the compressed landfill material. The method and system calculates thickness, volume, density during the landfill operation to ensure that the landfill is comprised of compacted layers of substantially optimized density. WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 16 The Software Compaction Management Using our patented deflection method, we calculate the machine's position in relation to previous passes in real time. Colored wheel tracks represent xa progress. Colors and goals are customizable, i.e if your goal is maximum compaction, adjustments can be made to make it harder for the operator to x.. attain "green" wheel tracks. Conversely, if you are content with your current compaction, changes can be made to reduce machine usage. From the compaction screen shown below, the operator can mark special waste, see cut/ fill numbers and add layers/lifts. "�" An•r'n..q mua RCS) f a. .• {1.27 S70^35 0.0•,I k�. a GooD ► =7420 'aria . r, 1 CEQSe to ca. y corm;:te:a xx, _ I SikOWS improvement '"s`;i.r, r.... _,Q ... *... .r,•••• .r. siaf..*ic s tw re wx WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 17 Construction Management Building accurately to plan is one of the most important issues in any landfill, whether you are filling a cell or constructing one. If your landfill hires contractors to build cells or does it in-house, GeoLogic's GPS Landfill System w' will enable operators to grade without stakes and allow management to confidently verify progress. As everyone in the industry knows, under-building is a waste of valuable airspace. Since over-building can result in huge penalties, fines and waste -� relocation costs, landfill operators or contractors may under-build exterior slopes to protect themselves from these costs. The System will allow your contractors and operators to fill to the very edge of the landfill and pack every available cubic yard of air space with the maximum amount of waste. The Geosite module of the Software offers two alternate views for the purpose of constructing to plan. Side and rear views offer the operator views of their final grade, current surface and any intermediary grade on the design files. Operators can also set their own grades and slopes. 970 4a ,,.,,> ® r..>^r Current elevation Distance to design] Ein C - 1mil peal time surface] rw WWW.GCS3D.COM +1(248) 335-8863 SALES@GCS3D.COM 18 Surveying Reduced Survey Costs - Whether you hire outside professionals to conduct surveys or run your own crew, surveying is both time-consuming and expensive. The GeoLogic GPS Landfill System can function as an easy-to-use rapid survey tool when mounted on a bulldozer, truck or UTV, and is substantially faster than a comparable walking survey. Landfills can conduct more frequent .., surveys at lower cost without the delays and expense of hiring professional survey help. — GeoLogic vehicle survey: 2,966 points Standard walking survey: 1,951 collected over four hours. points collected over four days. ?err 11{;yV!jlhi4. •`'GmlogkGI'5 survey took(nor v }j ♦r1' i Yl 11r Tea hours 2,966 pninu collected. 1*A..� Tnpo from survey over four 1+ 1 111)1j a. o"C ' l i tii w? f! , ?✓ , / by 1:951 pono collesced i1'/1 p hit V 7 }l` { qq 4 t i -1 -44a„�r�; �1't� hti�'u 4c'� . ` ,,• 1} 1 mil''1�',ft Bi ht ;tn"� ::;1 i.,t;L1 1 o�t u a t h drLt't 41 a r ttt rte. i ', ..r ;•••,1} ; ftl,i .�11[S �NlgryMy1� s r }.. It i '� �y+r }iM,j�' y .7it.Y v 4 :i1 1 1 71 $. Y. r 4 , 1 11 KI .•, Improved Management Oversight - Time is money, and management needs to know when operators are or are not performing to expectations. The GeoLogic GPS Landfill System provides feedback on machine operation that allows management to compare speed, time and position information that illustrates which machines are used productively and which are not. .r. WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM 19 How the Orion TM Works The OrionT' system works as if all field systems are autonomous, with data combined on the server side. Each rover runs a copy of our software and streams the data it collects via the internet that is provided by the onboard 4G LTE gateway. Once data has arrived at the server, it is either stored or sent back to other machines on the same site to update their surfaces and show work performed. Data is stored on remote servers ("in the cloud") and can be recalled by either a simple Windows based program or via a web interface to that program. Data can be downloaded to a local machine for local report processing or processed on the server. Typically under service contract Geologic will run a monthly report for the end user. What Makes the Orions" Different? Mobile Internet. Rather than use radios or Wi-Fi, and a network of repeaters with line of sight requirements and licensing needs, we've embraced mobile technology. The lack of building infrastructure gives us the ability to keep the price low and the technology also allows us, and the customer to interact with systems in the field as if we were sitting in the machine with them. I■4 41"41, 1 ` 'C Cloudiinte;,et pa� ko SOCaAe Co met!n +.. ° Vii. w • Rover Ussits E'•asc Station WWW,GCS3D.COM +1(248) 335-8863 SALES@GCS3D.COM 20 Remote Access As Orion'M systems are online 100% of the time, they can be accessed from most internet connected devices. 1123 EMS • - ,,,R7� Remote user view '� -^. rr .' ? t•ss .�t3. g,�..at .ii,• ..R..t ., {: F:A ;A IMO PU 0 WWW.GCS3D.COM +1(248) 335-8863 SALES @GCS3D.COM r•, �'--"'lt GEOLO-1 OP ID:KW A`CCPRD' CERTIFICATE OF LIABILITY INSURANCE aHDI ,2L°DoD 4"I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS r� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the poilcy(Ies)must be endorsed. If SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Consolidated Underwriting AIII PHIS PAX 37716 Pembroke I(A1C NnR Livonia,MI 48162 ""1 Denise M.McHenry,CIC,AAI,LIC INSURER(S)AFFORDING COVERAGE NAIC A tNSURERA:Federal Insurance Company 20281 [NSORED GeoLogic Computer Systems asursRe. P...1 2608 Williams Drive INSURER C: Waterford,MI 48328 INSURER D: INSURER E: INSURER P: t• ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADM SUM' POLICY LTR TYPE OF INSURANCE INSR MC POLICY WARM xityyF POUCY 8iW lIdlSrfD01YYYY1 LkrWDDIYYYYI • L!SlTB GENERAL LlAf3:7.1TY EACH OCCURRENCE f 1,000,000 A X COMMERCIAL GENERAL uABlure X 35794480 06123/2013 0612312014 DAMAGE TO RENTED � PREMISES{�ao1 $ 1,000,000 I CLAMS-MADE ^1 OCCUR PIED EXP(My ono penal) $ 10,000 PERSONAL aADV INJURY _ i 1,000,000 GENERAL AGGREGATE 8 2,000,000 GEM.AGGREGATE MT APPLIES PER PRODUCTS-COMP/OP AGO 8 2,000,000 I•I.I X POLICY n jRa I1 LOC 8 AUT0NOTILe LIABILITY COWERED SNOW LIMIT (Ea +I) J _ANY AUTO BODILY INJURY(Per parson) 8 ALL OWNED -SCHEDULED AUTOS AUT03 BOOLLY INJURY(Por 0ooldont) $ 1.'1 HIRED AUTOS NON•OWNED P AUTOS i uMBREW LIAR _ OCCUR EACH OCCURRENCE 6 —EXCESS L.IAB CLAMS-MADE AGGREGATE S DER I I RETENTIONS s WORKERS COMPENSATION WWCC STApTU- om- AND EMPN.0YBR0•I.L 5)TY Y/NN I TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E1.EACH ACCIDENT 5 O?F CER/I&E BER EXCLUDED? ( f N/A r'^I (Mandatory�stn Nutt EL DISEASE-FA EMPLOYEE 6 DESCtRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LINT S f••1 DESCRIPTION OP OPERATIONS/LOCATIONS!VBIECLE9(ACazN ACORD 101,AddRBond Ronan=8onodul,,limn man,to roqulrod) City of Port Arthur, its officers, agents, and employees are named so additional insured as respects to general liability. ri CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIS n• •CLIMES BE CANCELLED BEFORE City of Port Arthur THE EXPIRATION DATE THEREOF, 'TICE• WILL BE DELIVERED IN ACCO„y CE WITH THE POLICY PRO :OM. MI Al . r.. AU • ...:.. ...PRESENTA •' , IT/ jr . •ie McHe •,'I*,,-;4 •%� (0 1:1.: I 0 •C•- • '4 P••RATION. All rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD t-9 i--"1 CITYA-1 OP ID:KW rt, "ACC R1 CERTIFICATE OF LIABILITY INSURANCE CATS THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES rev BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. M SUBROGATION I8 WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CoIrrACT NAME: Consolidated Underwriting AIII PRONG FAX 37716 Pembroke o.exlk taro,Kok Livonia,MI 48152 Denise M I,LU M.McHenry,CIC,AAC a f-" INSURE (S)AFFORDING COVERAGE NAM a _ INSURER A: INSURED City Aluminum Foundry,Inc. INSURER B:Accident Fund of Michigan 10166 2605 Williams Drive INSURER C:Hartford-Sentinel ins Co 19682 ITT Waterford,M148328 INSURER 0: _ INSURER a: INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: '•"' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'iN9R r�NE SUER POLICY NUMBER POLICY l' POLICYBXP I_JUTU P-'1 LTR TYPE OF INSURANCE (rIOJDDlt SPP I POIJO\'WXY1 GENERAL UABa.ITY �EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED _' _PREMISES NEn accunonca} S CLAIMS-MADE I I OCCUR MED EXP(Any ono person) S imq PERSONAL a ADV INJURY $ GENERAL AGGREGATE $ OEM AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP A00 $ 1 POUCY n PFr0. fl LOC _ $ AUTC1d0®LB LIABILITY CO tBINELtl}WOES LIMIT 1,000,000 C X ANY AUTO 35UECJY6616 07/01!2013 07/01/2014 BODILY INJURY(Per parson) S O - BULED BODILY INJURY(Par Ss ) It AUTO X HIRED X S FACCN A S rm f UMBRELLA LIAR _ OCCUR EACH OCCURRENCE $ — EXCESS LIAR CLAIMS-MADE AGGREGATE I DED I I UTFNTIONS $ WORKERS COMPENSATION I WC STATU- OTH• AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE WCV601413B 11!16/2013 11/16!2014 E.LEACHACCUJENT I s 500,000 OFFICER/MEMBER EXCLUDED? I N/A (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 600,000 n D RI�ONN OF OPERATIONS below EL DISEASE-POLICY I_INTl s 600,000 _ , I, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Athah ACORD 501,Additional Rsmarka Eo1,.&I.,Imam spa,*Is roqutrod) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Arthur AC •E EXPIRATION DATE THEN •F, NOTICE WILL BE DELIVERED IN WITH THE POLICY••• ISIONS. I'l AU .•-A.■ •.•RESIN.• , . . . De 1: i McHe• ,!'i9. in;I. (D1988-21' ,AC R i • •PORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD •-, r-, run 11 r"1 APPENDICES II Please include Appendix A—E when submitting proposal documents. ram Option 1 APPENDIX A Page I of 2 Landfill GPS System PROPOSAL FOR LANDFILL GPS SYSTEM BID DUE DATE: JUNE 18,2014 BASE SYSTEM: Complete and operational installed in Caterpillar 826H using RTK P., GPS technology for landfill density measurement including installation, training, and 3 year warranty. Proposal Price$64,980 Additional Proposal pricing: Installation of wiring and hardware in additional machines enabling the computer to be moved between machines. These are additional options may be accepted in whole, in part, or none depending on the city's budget and needs. Machine Price CATERPILLAR 826G $2,975 `-9 2,975 if GPS antenna mounted on cab roof CATERPILLAR D6N $4.175 if GPS antenna mounted on blade 2,975 if GPS antenna mounted on cab roof CATERPILLAR D7E $4,175 if GPS antenna mounted on blade 2,975 if GPS antenna mounted on cab roof CATERPILLAR D74 $4.175 if GPS antenna mounted on blade r-i 2009 FORD 250 $2,975 OPTIONS/UPGRADES Description Price GLONASS upgrade on first compactor $4,995 36,250 (for any vehicle listed ) including 36-month Additional full Orion M system $warranty, service and support GLONASS upgrade for each additional vehicle $2,495 Caption 2 APPENDIX A Page I of 2 Landfill GPS System PROPOSAL FOR LANDFILL GPS SYSTEM BID DUE DATE: JUNE 18,2014 BASE SYSTEM: Complete and operational installed in Caterpillar 8261-I using RTK .., GPS technology for landfill density measurement including installation, training, and 3 year warranty. Proposal Price$54,900.00 + $ 300/month for 36 months Additional Proposal pricing: Installation of wiring and hardware in additional machines enabling the computer to be moved between machines. These are additional options may be accepted in whole, in part, or none depending on the city's budget and needs. Machine Price CATERPILLAR 826G $ 2,975 2,975 if GPS antenna mounted on cab roof CATERPILLAR D6N $ 4,175 if GPS antenna mounted on blade 2,975 if GPS antenna mounted on cab roof CATERPILLAR D7E $ 4,175 if GPS antenna mounted on blade 2,975 if GPS antenna mounted on cab roof CATERPILLAR D74 $4 175 if GPS antenna mounted on blade 2009 FORD 250 $ 2,975 OPTIONS/UPGRADES Description Price GLONASS upgrade for first compactor $4,995 .," o2, rJD Additional full Orion TM system 50 (for any vehicle listed) ,., 36-Month service, support and data $ 100 per month per additional full system GLONASS upgrade for each additional vehicle $2,495 APPENDIX B LETTER OF INTEREST RFP-Landfill GPS System Deadline: June 18,2014 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to supply a Landfill GPS System contract. 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 Affidavit ❖ 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. Geologic Computer Systems 6/10/2014 ,,, Firm Name Date S - Technical Sales r-, Authorized Signature Title James Stone +1 (248) 335-8863 r Name(please print) Telephone Ja mes.stone @gcs3d.com '�' Email Poi n APPENDIX C rM NON-COLLUSION AFFIDAVIT P9 CITY OF PORT ARTHUR § P1 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 Pal 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. P9 Signature: Llakta) Printed Name: Ja'mes Stone Title: ethnical Sales Company: Geologic Computer Systems Date: 6/10/2014 ��. SUBSCRIBED and sworn to before me the undersigned authority by G -o'lltrr (0 of, L►rNe- on behalf of said bidder. Notary Public in and •r the '—' State-of-Texts- V a,�.d Count, m J5(.r My commission expires: 1 I b I-' o=eca.J1 PERRY Itictaty PUi iya er�Yy.k?•!...-t n D A Y Counftbm Expires s C,: :;r 3.2+ 19 P+t ! n r-� APPENDIX D n AFFIDAVIT All pages in proposer'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: ^ pti I hereby certify that 14o 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. n GeoLogic Computer Systems 6/10/2014 Firm Name Lit Date ^ ,i 0'LQ Technical Sales _ Authorized 'ature Title ^ Ja -s Stone 248 335 8863 Name(please print) Telephone James.stone @gcs3d.com Email n STATE: rn-, C,30_7- COUNTY:0ct (Ia.,L ^ ,' SUBSCRIBED AND SWORN to before me by the above named 5Q m c.,5 SIT)rn e. n • on this the \ G 44` day of S Lk.rr t ,20 1 h . Notarybli N",.,:- . n-". N;c:.;.:.;.::_ti.,.. , ...:,._._._._..,.,,u RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL in n • P".1 APPENDIX E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ P., For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80`"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). r., By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7t 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 relationship with local governmental entity. N/A 2. 1 Check this box if you are filing 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 70 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. N/A 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 ,.q CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? n Yes X 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 X No C. Is the filer 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 FX1 No D. Describe each employment or business relationship with the local government officer named in this section. 4. aliter 6/16/2014 Signature of person doing business with the governmental entity Date n Pori DELORIS"BOBBIE"PRINCE,MAYOR JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TE61 INTERIM CITY MANAGER COUNCIL MEMBERS: tr1Py of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ` �� CITY SECRETARY ELIZABETH"LIZ"SEGLER MORRIS ALBRIGHT VALECIA R.TIZENO STEPHEN A.MOSELY ?r r t r t h tt CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON �tct ti. KAPRINA RICHARDSON FRANK JUNE 6,2014 REQUEST FOR PROPOSAL LANDFILL GPS SYSTEM DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, June 18,2014. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, June 18, 2014 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: GPS DELIVERY ADDRESS: Please submit one (1) original and five (5) exact duplicate copies of your RFP 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 should be directed in writing to: City of Port Arthur, TX Yolanda Scypion-Goudeaux, Purchasing Assistant P.O.Box 1089 Port Arthur,TX 77641 Yolanda@.portarthur.net Deadline for submission of questions is Wednesday,June 11,2014 at 5:00 pm. Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,Q'PO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP)and accompanying General Instructions are for your convenience in submitting proposals 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. Shawna Tubbs,CPPO, CPPB Purchasing Manager • Page 2 of 21 REQUESTS FOR PROPOSALS LANDFILL GPS SYSTEM (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 21 CITY OF PORT ARTHUR REQUESTS FOR PROPOSALS LANDFILL GPS SYSTEM OBJECTIVE: The intent of this Request for Proposal (RFP) is to obtain a complete operational system for landfill density measurements, including installation, instruction, training and maintenance. The Landfill GPS System must utilize RTK GPS (Real Time Kinematic Global Positioning System) technology. SCOPE OF SERVICE: 1. The Proposer shall provide equipment mounted in a landfill compactor (CAT 826g and/or CAT 826h), with the ability to be removed and operated independently as a rover for various surveying needs, to include: a. Mobile GPS receiver, b. Rugged touch-screen panel computer for mobile use, c. Computer and software package capable of analyzing GPS data to show density achieved, wheel patterns traveled,elevation, northing and easting, relative to the landfill construction plan contained in system memory, d. A cellular based modem capable of transferring machine data in real time to an offsite cloud server for redundancy, e. An aircraft style GPS antenna with a secure mount, f. A puck style low profile data transfer antenna 2. All computers shall be heavy duty, designed for mobile equipment use and capable of operating between -20°C and +60°C, and storage between -40°C and +60°C. All field equipment-mounted computers and GPS equipment shall meet a minimum MIL-STD- 810G for shock, vibration, and acceleration. The computer shall be at least IP65 rated for dust and moisture. 3. Software designed specifically for landfill management and shall include all licenses required, with sufficient office executable copies to enable user management adequate access for data analysis and planning. 4. Data communication: all systems shall be equipped with a cellular modem capable of 4g LTE transfer speeds or greater. Radio systems will not be accepted. 5. The computer shall be mounted on an adjustable dog-bone style mount in the cab of the vehicle to allow for operator adjustment 6. The computer shall have at a minimum: 1.8GHz Processor, 128 GB SSD storage, and 4 GB of RAM. The system will run the Windows 7 or above operating system. The computer must have its own backup battery Page 4 of 21 7. The in-cab computer screen in the operator compartment shall be a minimum of 10.1" measure diagonally. The screen must be a minimum resolution of 1024X600 TFT LCD display. The screen must be 100%sunlight readable and use a resistive touch display. 8. The system shall have Internet connectivity whenever in operation and allow for real- time remote service on all hardware components to the system over this network. 9. The system will send data in real time to an offsite (cloud) sever for backup and redundancy. 10.The landfill software shall have the ability to control grade,show compaction patterns as color-coded wheel tracks to indicate path of travel and surface deflection. The software should also show the operator the boundaries for planned airspace, including grade and slope of the planned total air space. Surface deflection,as illustrated with color change in wheel tracks, shall be calculated based on change in machine elevation and layer thickness. Pass counting systems are only acceptable if they are in addition to surface deflection. 11.The installed in-cab software shall start up automatically upon machine startup, be ready to operate, and shall save data automatically at the end of or throughout each day. The software shall shut down automatically with machine shutdown. 12.The software system shall, at the end of or throughout each day, automatically update the true terrain model of the existing grades, be capable of computing daily cover material needed, and compile data to generate a report that will indicate the daily machine activity, calculate available airspace and the daily compacted volume of trash. 13.The system must be capable of being installed on multiple filed units, including bulldozers and compactors. 14.The hardware equipment for this proposal shall be useable in any brand of equipment. 15. The system must be able to use the output from any major GPS software system such as: Topcon,Ashtech, Leica,and Trimble in ASCII text format. 16.The system must be able to import design information from AutoCAD .DXF and .DWG formats or as ASCII text point data. 17.All user manuals for the system, including the GPS RTK system, radios, and computer software which cover the operation, setup, and maintenance of the system shall be provided at delivery. 18. Each bidder shall include a minimum three(3)year warranty on all hardware with remote and phone support included in the price. Page 5 of 21 19. Each Bidder shall include all external hardware costs that may be needed for operation such as radio repeaters, external mounts, wiring harness, or any additional equipment needed to operate this 20. Each bidder shall include minimum three (3) days training on the operation of the software and equipment. 21. Maintenance shall cover all minor and major software updates, equipment failure, communication equipment problems, and software errors. This will include all RTK communication problems as the bidder will be responsible for maintain or trouble shooting this network if line of sight or environmental issues arise. Maintenance shall also cover all expenses to include,but not limited to parts, labor, shipping,traveling and surcharges. The Installation of Software: 1. The Contractor shall be responsible for the storage, handling, and installation of the systems in accordance with these specifications and the conditions of manufacturer's specifications and warranty. 2. At the time of installation, systems will be rejected if they have defects, flaws, or damage incurred during manufacture, transportation, storage, or handling. Damaged material shall be removed and replaced at no additional cost to the City. 3. Systems shall be installed on appropriate mounting hardware. Rover system shall have the ability to mount and remove for mobile use. 4. System shall be installed by manufacturer-trained personnel. 5. System shall be tested and fully operational prior to acceptance. Page 6 of 21 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 proposers 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 pages, excluding 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. EVALUATION CRITERIA: The Proposer shall provide the following information: EXPERIENCE: 1. Prepare an organizational chart showing your Company's team. 2. Provide resumes or a listing of information for each individual that will be actively engaged in the project. State the educational background of each individual, years of experience, length of employment with your firm, and years of experience with sales and services of GPS Landfill Management System. For each person, list specific responsibilities in your firm, experience with cities of similar size and type, and current work assignment and availability. 3. Proposer should indicate the number of years of experience the firm has in installing and operating landfill GPS Systems similar to the proposed system. 4. Proposer should indicate the number of installation performance in fleet preventive maintenance and repair services for governmental entities or other clients. Proposer should indicate the number of years of experience the firm has in performing fleet preventive maintenance services and repairs with fleets of comparable size to the City or other clients. REFERENCES: Include three (3) business references for which similar services have been provided. Include the following: a. The period for which you have provided this service; b. A brief description of the scope of work; and c. Contact name, title, address, and telephone number. d. Each bidder shall furnish contact names, addresses, and phone numbers for no less than five (5) current landfill operator/users of their software. The Proposer hereby authorizes and requests 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. PRICING: Labor rates, parts mark-up, and materials mark-up competitive with service and repairs typical for installation of software and maintenance.See Appendix A Page 7 of 21 LOCATION: The location of the firm should be listed, any field service offices available for on-site repairs as needed. The response time for on-site repairs should be indicated in hours/days. QUALITY OF RESPONSE: Completeness of the response to this RFP including submission of all checklist documents. Page 8 of 21 EVALUATION AND 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 applicant's 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, company's background, applicable experience and the ability to meet general specifications. The City reserves the right to negotiate the final fee prior to recommending any business for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Experience 30 pts b. References 20 pts c. Pricing 40 pts d. Location 5 pts e. Quality of Response 5 pts 2. City staff shall recommend the most qualified business to the City Council and request authority to enter into a contract. 3. When services and fees are agreed upon, the selected business 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 business. The process shall continue until an agreement is reached with a qualified business. 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 9 of 21 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee,official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: I. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be Page 10 of 21 rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. 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 to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Landfill, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 RFP. Page 11 of 21 QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by 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. Page 12 of 21 RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$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/$1,000,000 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 Page 13 of 21 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. 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. Page 14 of 21 APPENDICES Please include Appendix A—E when submitting proposal documents. Page 15 of 21 APPENDIXA Page l of 2 Landfill GPS System PROPOSAL FOR LANDFILL GPS SYSTEM BID DUE DATE: JUNE 18,2014 BASE SYSTEM: Complete and operational installed in Caterpillar 826H using RTK GPS technology for landfill density measurement including installation, training, and 3 year warranty. Proposal Price$ Additional Proposal pricing: Installation of wiring and hardware in additional machines enabling the computer to be moved between machines. These are additional options may be accepted in whole, in part, or none depending on the city's budget and needs. Machine Price CATERPILLAR 826G $ CATERPILLAR D6N $ CATERPILLAR D7E $ CATERPILLAR D74 $ 2009 FORD 250 $ OPTIONS/UPGRADES Description Price $ $ $ $ Page 16 of 21 APPENDIXA Page 2 of 2 a) Provide normal business hourly labor rate at vendor's location of business b) Provide road service hourly rate during normal business hours . c) Provide road service after normal business hourly labor rate . d) Provide travel rates for road service (travel hours x hourly rate) . e) Specify normal operating business hours of your business . f) Provide percent mark-up for parts and materials, over costs, for repairs g) Provide percent mark-up for work which is subcontracted . a. Lodging rates will be reimbursed to Proposer by customer if out of town overnight travel is required. These rates will be reimbursed at the local and current average lodging rates. Receipts for lodging must be provided by Proposer at time of invoicing to seek reimbursement. Page 17 of 21 APPENDIX B LETTER OF INTEREST RFP—Landfill GPS System Deadline: June 18,2014 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) to supply a Landfill GPS System contract. Enclosed, and by this reference incorporated herein and made a part of this RFP,are the following: 4. Completed RFP Letter of Interest Form ❖ Non-Collusion Affidavit • 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 Email Page 18 of 21 APPENDIX C 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 19 of 21 APPENDIX D AFFIDAVIT All pages in proposer'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 20 of 21 APPENDIX E 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. 1491,80th 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`h 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 relationship with local governmental entity. 2. Check this box if you are filing 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 7,h 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 officer 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 filer 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 government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 21 of 21 Exhibit "C" G eologic 2505 Williams Drive Waterford. MI 48328 Computer Phone: 248-335-8863 System) Fax:248-335-3629 STANDARD SERVICE AGREEMENT THIS AGREEMENT is made on BETWEEN: The City of Port Arthur and GeoLogic Computer Systems The Terms discussed in the below document are in reference to the service and terms of sale concerning the GeoLogic Orion TM Landfill GPS System ("the System"). The GeoLogic Orion TM System is a complete software and hardware solution designed by GeoLogic Computer Systems, Inc. and all software components of the GeoLogic Orion TM system are fully copyright protected by GeoLogic Computer Systems, Inc. The City of Port Arthur wishes to be provided with the Services(defined below)by GeoLogic Computer Systems and GeoLogic Computer Systems agrees to provide the Services to The City of Port Arthur on the terms and conditions of this Agreement. 1. Services GeoLogic Computer Systems requires a three-year Service Agreement contract with The City of Port Arthur, at the time of purchase of the GeoLogic Orion TM System. GeoLogic Computer Systems shall provide the following services("Services")to The City of Port Arthur in accordance with the terms and conditions of this agreement as stated below: 1.1. Cellular Data Service GeoLogic Computer Systems will provide The City of Port Arthur with cellular data service for the duration of the three-year Service Agreement. The cellular data service is for use with GeoLogic Computer Systems software and support only, such as GPS reference network streaming, screen sharing by GeoLogic Computer Systems and/or The City of Port Arthur, software and system updates, and transferring collected data. In order to ensure that the cellular data service is used only for authorized purposes, GeoLogic Computer Systems may take any measures it deems reasonably necessary to limit unauthorized usage by The City of Port Arthur. Such measures may include a software-based firewall under a locked user account on the System computer, a hardware based firewall and/or usage limitations set with the cellular provider. Tampering or disabling by The City of Port Arthur with these security and data service measures is considered a breach of the Service Agreement, and subject to financial penalties, and/or the termination of the Service Agreement for repeated violations, at the sole discretion of GeoLogic Computer Systems. 1.2. GPS Reference Network The GeoLogic Orion."' System may require the use of a third-party GPS reference network to calculate the Real-Time-Kinematic GPS position data required for System use.Any Federal, State/Provincial, local or private provider fees or licenses required to set up and utilize said GPS reference network are the financial and legal responsibility of The City of Port Arthur. The management of said third-party GPS reference network is the responsibility of The City of Port Arthur, and if the said third-party GPS reference network is offline, down or otherwise unavailable for any reason, GeoLogic Computer Systems assumes no responsibility for the downtime or inoperability of the System. GeoLogic Computer Systems will assist The City of Port Arthur with gathering information on pricing, availability and setup of a third party GPS reference network whenever possible. Page 1 of 6 C eoL g Williams Drive aate rfor . M 48328 Computer Phone: 248-335-8863 Sydow; Fax:248-335-3629 Typical third-party GPS reference network data is provided over a license-free cellular data connection, as mentioned in section 1.1. For those Systems that utilize a licensed radio provided by GeoLogic Computer Systems to receive the third-party GPS reference network data, the setup, management and licensing of the radio license is the financial responsibility of Recology Ostrom Road Landfill. GeoLogic Computer Systems will provide assistance with obtaining the necessary radio licenses. 1.3. On-Site Services Installation at The City of Port Arthur's premises will be provided with the purchase of the System. This includes wiring and mounting of the System intoThe City of Port Arthur's vehicle(s), localization of the System to benchmarks provided by The City of Port Arthur, and a training of site personnel on basic System use. No on-site support is provided with the Service Agreement after installation has been completed. On-site support is available upon request at an additional charge. 1.4. Telephone and Remote Support GeoLogic Computer Systems will provide telephone and remote support at no cost to The City of Port Arthur for the entire term of the three-year Agreement.Telephone and remote support will be available between the hours of 8:00am and 4:00pm Eastern Time, Monday-Friday. All requests for support outside of normal support hours shall be submitted by The City of Port Arthur through e- mail directly to our service department. Remote support from GeoLogic Computer Systems may temporarily interrupt the usability of the System while support is ongoing.Any telephone charges incurred by The City of Port Arthur while receiving telephone support from GeoLogic Computer Systems are the responsibility of The City of Port Arthur. GeoLogic Computer Systems will provide additional training remotely, after the initial on-site training, to The City of Port Arthur at no additional cost for the term of the three-year Service Agreement. Training sessions will be conducted through screen sharing and telephone communication. A minimum of 48 hours notice will be required to set up a training session with GeoLogic Computer Systems. 1.5. Software Updates GeoLogic Computer Systems will provide updates and patches to the GeoLogic Orion TM System to The City of Port Arthur at no cost for the duration of the three-year Service Agreement. GeoLogic Computer Systems will directly upload and install these software updates and patches onto the System computer when available. Updates apply to the original GeoLogic Orion TM System configuration only, but not other hardware or software package sold by GeoLogic Computer Systems. 1.6. Hardware Warranty The terms of the system warranty are covered in the GeoLogic Orion TM Limited Warranty. Please see the GeoLogic OrionTTLimited Warranty for details. 2. Term and Termination 2.1. Term of Agreement Page 2 of 6 GeoLouic Wiggler System Williams Drive Vate rford, MI 48328 Phone: 248-33 5-8863 Fax: 248-335-3629 This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with section 2.3, until the Service contract's pre-determined expiration date. 2.2. Term of Services GeoLogic Computer Systems shall commence the provision of the Services upon the completion of the installation of the Geologic Orion TM System at The City of Port Arthur's site. 2.3. Termination of Agreement and Services 2.3.1. GeoLogic Computer Systems shall complete/cease to provide the Services upon the expiration date of the three-year Service Agreement, which is three years after the installation of the GeoLogic Orion TM System at The City of Port Arthur's site. 2.3.2. Either Party may terminate this Agreement upon notice in writing if: 2.3.2.1.The other is in breach of any obligation contained in this Agreement,which is not remedied(if the same is capable of being remedied)within 60 days of written notice from the other Party to do so, or; 2.3.2.2.[For European Buyers and Service Providers only] If The City of Port Arthur is a consumer and the Distance Selling Directive(97/7/EC)(the"Directive")applies to this Agreement, The City of Port Arthur may terminate this Agreement within the relevant timescales prescribed by the regulations or laws in the relevant Member State which implement the requirements of the Directive in respect of a right for The City of Port Arthur to withdraw from a contract. In the event of termination in accordance with this Clause 2.4(c),the liability of The City of Port Arthur to GeoLogic Computer Systems shall be as prescribed in the Directive or in any regulations or laws implementing its requirements in the relevant Member States. 2.3.3.Any termination of this Agreement(howsoever occasioned)shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. 2.4. Location GeoLogic Computer Systems shall provide Services to the vehicle on which the System was originally installed, at initially agreed-upon work site or physical location. If The City of Port Arthur wishes to use the GeoLogic OrionTM System on another vehicle or at other work sites or physical locations other than the initially agreed-upon site, additional fees will apply. 3. Subscription Price and Payment 3.1. Subscription Price As consideration for the provision of the Services by GeoLogic Computer Systems,the monthly subscription price for the services, as described in section 1 of this document, is as stated in GeoLogic Computer System's response to the City of Port Arthur's"Request For Proposal Landfill GPS System". The price will depend on the options selected by the City of Port Arthur. 3.2. Commencement of Payment for Services Page 3 of 6 G eologic 2505 Williams. Drive �'t'aterford. MI 48328 I�P S Phone: 248-335-8863 y Fax:248-335-3629 The City of Port Arthur agrees to pay the monthly subscription price, as listed in section 3.1, to GeoLogic Computer Systems for the entire term of the three-year Service Agreement, commencing with the start date of the delivery of the Services, as specified in section 2.2. 3.3. Monthly Invoice Schedule GeoLogic Computer Systems shall invoice The City of Port Arthur monthly for the Services that it has provided to The City of Port Arthur. Services will be invoiced on the first day of each month, with partial months pro-rated. 3.4. Grace Period The City of Port Arthur shall pay monthly invoices within 25 days of the invoice generation date by GeoLogic Computer Systems. Any payments received by GeoLogic Computer Systems after the 25 day grace period will be considered late by GeoLogic Computer Systems and may be subject to late charges and/or additional fees. 3.5. Non-Payment If The City of Port Arthur is over 90 days delinquent on any invoice, GeoLogic Computer Systems reserves the right to terminate the Services to The City of Port Arthur and may take legal action to recover the balance of the payments owed for the remainder of the three-year Service Agreement. 3.6. Taxes and Fees All charges payable under this Agreement do not include any applicable taxes,tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by GeoLogic Computer Systems to The City of Port Arthur under this Agreement. Any such surcharges shall be payable by The City of Port Arthur to GeoLogic Computer Systems in addition to all other charges payable. 4. Limitation of Liability 4.1. Subject to The City of Port Arthur's obligation to pay the monthly subscription price, as listed in Section 3.1,to GeoLogic Computer Systems, either party's liability in contract, tort or otherwise (including negligence)arising directly out of or in connection with this Service Agreement or the performance or observance of its obligations under this Service Agreement and every applicable part of it shall be limited in aggregate to the monthly subscription price. 4.2. To the extent it is lawful to exclude the following heads of loss and subject to The City of Port Arthur's obligation to pay the monthly subscription price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. 4.3. Nothing in this section 4.3 will serve to limit or exclude either Party's liability for death or personal injury arising from its own negligence. 5. Relationship of the Parties The GeoLogic Computer Systems and The City of Port Arthur(the"Parties")acknowledge and agree that the Services performed by GeoLogic Computer Systems, its employees, agents or sub- Page 4 of 6 G 0a1.0g 0 2505 Williams d, I Drive Waterford, MI 48328 IIP Phone: 248-335-8863 Fax: 248-335-3629 contractors shall be as an independent contractor and that nothing in this Service Agreement shall be deemed to constitute a partnership,joint venture, agency relationship or otherwise between the parties. 6. Confidentiality Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient. 7. Notices Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by: • first class post, 2 days from the date of posting; • hand or by facsimile transmission, on the date of such delivery or transmission; and • electronic mail,when the Party sending such communication receives confirmation of such delivery by electronic mail. 8. Miscellaneous 8.1. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. 8.2. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected. 8.3. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. 8.4. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. 8.5. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, and supersedes all prior representations,writings, negotiations or understandings with respect hereto. 8.6. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god,war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days,the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other. 8.7. This Agreement shall be governed by the laws of Michigan, and any dispute requiring litigation shall be settled in a Michigan Court of Law. 8.8. The GeoLogic Computer Systems software is a licensed software product which will require the landfill operator to fill out and sign a copy of the GeoLogic Computer Systems Software License Agreement for each software package purchased. Please see the GeoLogic Orion TM Software License Agreement for details. 8.9. This section 8.9 and sections 4, 5, 6, 7 and 8 of this Agreement shall survive any termination or expiration. Page 5 of 6 Geo[og c 25 05 Williams Drive Waterford; MI 48328 Phone: 248-335-8863 Muter Systems Fax: 248-335-3629 Signatures: The City of Port Arthur by signing this Service Agreement states that they have fully read and agreed to all provisions made by the Service Agreement, and limitations stated in this document. Purchaser: The City of Port Arthur,Texas Print Name: Title: Purchaser's Signature: Date: Seller: GeoLogic Computer Systems Sam Rohr 2505 Williams Drive Waterford MI USA, 48328 Seller's Signature: Date: Page 6 of 6 it GeoliO��� 2505 Williams MI 48328 Coninftr V4°aterford, MI 48328 $ � Phone: 248-335-8863 Fax:248-335-3629 GeoLogic Orion TM Software License Agreement: ATTENTION: The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This is a license,not a sale of software. This product is provided under the following license,which defines what you may do with the product,and contains limitations on warranties and or remedies. All rights,title and interest in the software product belong to GeoLogic Computer Systems. The purchaser of this system owns certain hardware and a personal,nontransferable and nonexclusive license to use the software product. IMPORTANT: Carefully read this license before using this product. Purchasing or using this product indicates acknowledgment that you have read this license and agree to its terms. LICENSE: GeoLogic Computer Systems("we"or"us")provides the purchaser("you")with storage media containing a computer program(the"Program"),user manual,License(the"License",),"Security Mechanism",and accompanying documents(together called the"Software Product")and grants you a license to use the Software Product in accordance with the terms of this license. The copyright and all other rights in the Software Product shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Software Product on all copies you make. The"Security Mechanism"shall mean any hardware or software device,method,scheme or other security measure provided by GeoLogic Computer Systems to allow a user to access the Program. DONGLE: The Program license issued by GeoLogic Computer Systems is controlled with the use of the Dongle also know as a Software key. This is the current"Security Mechanism". GeoLogic Computer Systems is the sole entity authorized to generate the security codes used to modify the programming of the Dongle.Unauthorized modification of the dongle programming by third parties is expressly prohibited and a violation of GeoLogic Computer System's software copyright.The Dongle can be either programmed for a limited number of usage counts or an unlimited number of usage counts. The Dongle will be programmed for a limited number of usage counts,at GeoLogic Computer Systems'sole discretion,until which time the Purchaser has both returned a signed copy of this Software License Agreement to GeoLogic Computer Systems,and paid the full invoiced price for the GeoLogic Orion TM System to GeoLogic Computer Systems or an authorized dealer or reseller. GeoLogic Computer Systems will authorize the Purchaser's Dongle for an unlimited number of usage counts once the aforementioned two conditions have been met. Additionally,during the term of the GeoLogic Orion TM Service Agreement(see the GeoLogic Orion TM Service Agreement for details),and in the event of a breach of the Service Agreement,GeoLogic reserves the right,at its discretion,to disable the Dongle and prohibit use of the Software Product. In the event that a dongle is lost or damaged beyond recognition as an authorized and supplied dongle the Purchaser must replace the dongle at current Software Program cost. Dongle(s)damaged in operation through proper or improper usage will be replaced at the current dongle replacement cost so long as they are returned to GeoLogic Computer Systems,Inc. and there are no financial or other encumbrances or reservations. YOU MAY: a. Use the Program only on a single computer and by a single user at a time regardless of the number of original copies of the Program included with the Software Product. If you wish to use the Program for more users you will need a further license for each user b. make one copy of the Program for archive or back-up purposes,and c. if the Software Product is an upgrade Product you may use the Software Product only in conjunction with the upgraded product or the previous product must be destroyed. If the Software Product is an upgrade from a GeoLogic Computer Systems Software Product,you may only use that upgraded Software Product in accordance with this License. d. use an"Office Version"of the program without the Security Device if the version allows this. YOU MAY NOT: a. use the Software Product or make copies of it except as permitted in this License; b. transfer this license to any other person or entity without the prior written consent of GeoLogic Computer Systems,Inc.,and any attempt to do so will automatically terminate the License and this Software License Agreement; c.translate,reverse engineer,decompile or disassemble the Program,except to the extent the foregoing restriction is expressly prohibited by applicable law; d. modify the Program or merge all or any part of the Program into another program; e. deliver the Product or disclose the contents of the documentation to any person,firm or entity except for employees of the Purchaser. f. use the program without the Security Mechanism provided by GeoLogic Computer Systems or its distributors. (The Program may only be used on a single computer,by a single user at a time,equipped with the Security Mechanism and only in object code form.) Initials Page 1 of 4 G eaL gie Computer 2505 Williams Drive Wate rford. MI 48328 Phone_ 248-335-8863 Fax:248-335-3629 GeoLogic Orion TM Software License Agreement: TERM: This License shall continue for as long as you use the Software Product. However,it will terminate if you fail to comply with any of the Software License Agreement's term or conditions. Additionally,during the term of the GeoLogic Orion TM Service Agreement,the Software License Agreement will terminate if you fail to comply with any of the terms or conditions of the GeoLogic Orion T"'Service Agreement.You agree,upon termination,to destroy all copies of the Software Product. You may terminate this Agreement,without right to refund,by notifying GeoLogic Computer Systems of such termination. GeoLogic Computer Systems may terminate this Agreement,upon reasonable notice and without judicial or administrative resolution,if you or any of your employees or consultants breach any term or condition of this license agreement. Upon termination of this Agreement for any reason,all rights granted to you hereunder will cease,and you must promptly(i)purge the Software and any related updates from your computer system,storage media and other files,(ii)destroy the Software Product and all copies thereof,(iii)return to GeoLogic Computer Systems,shipping prepaid,the dongle for the Software Product and(iv)deliver to GeoLogic Computer Systems an affidavit which certifies that you have complied with these termination obligations. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. SOFTWARE PRODUCT WARRANTY: GeoLogic Computer Systems warrants the storage media on which the Program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety(90)days,from the date of shipment,to you as evidenced by a copy of your receipt. This Software Product warranty is limited to you and is not transferable. If such a defect occurs,return it to us at the address listed here and we will replace it free. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have other legislated rights,which vary from jurisdiction to jurisdiction. The foregoing warranty does not extend to any storage media that has been damaged as a result of accident,misuse,abuse or as a result of service or modification by anyone other than GeoLogic Computer Systems. LIMITATION OF WARRANTIES AND LIABILITY: Except as expressly set forth above,no other warranties,either expressed or implied,are made with respect to this Software Product,including but not limited to the implied warranties of merchantability and fitness for a particular purpose,and GeoLogic Computer Systems expressly disclaims all warranties not stated herein. You assume the entire risk as to the quality and performance of the Product. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect,incidental,special or consequential damages whatsoever, including but not limited to loss of revenue or profit,lost or damaged data or other commercial or economic loss,even if we have been advised of the possibility of such damages or they are foreseeable;or for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the program. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term,or a fundamental breach. Some States do not allow the exclusion of implied warranties,so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. GeoLogic Computer Systems and its suppliers do not warrant that the functions contained in the Software Product will meet your requirements or that the operation of the program will be uninterrupted or error-free. You also assume responsibility for the selection of the product to achieve your intended results,and for the installation,use and results obtained from the program.Improvements made to the product at your suggestion become property of GeoLogic Computer Systems with no royalty due you. INDEMNIFICATION: You shall indemnify and hold harmless GeoLogic Computer Systems,Inc.,its officers,directors, employees and agents from and against all losses,settlements,claims,actions,suits,proceedings,judgments,awards, damages,liabilities,costs and expenses including,without limitation,reasonable attorneys'fees(collectively"Losses")which arise out of or as a result of any breach of this Software License Agreement by you or your employees,agents,resellers, dealers or subdealers and shall reimburse GeoLogic Computer Systems,Inc.for any and all legal,accounting and other fees, costs and expenses reasonably incurred by any of them in connection with investigating,mitigating or defending any such Losses. CONFIDENTIALITY: You acknowledge that the Software Product contains proprietary trade secrets of GeoLogic Computer Systems,Inc.and you hereby agree to maintain the confidentiality of the Software Product using at least as great of degree of care as you use to maintain confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of the Software License Agreement to those persons employed by you who come into contact with the Software Product,and to use reasonable best efforts to ensure their compliance with such terms and conditions,including, without limitation,not knowingly permitting such persons to use any portion of the program for the purpose of deriving the source code of the Program or defeating the Security Mechanism. Initials Page 2 of 4 G eoLgi in 2505 Williams Drive Waterford, MI 48328 IMP Phone:248-335-8863 Fax:248-335-3629 GeoLogic Orion TM Software License Agreement: ENFORCEMENT OBLIGATIONS: In the event you become aware that the Software Product is being used by any person or entity in your employ or under your control in a manner not authorized by this Software License Agreement,you shall immediately use reasonable best efforts to have such unauthorized use of the Software Product immediately cease. You shall promptly notify GeoLogic Computer Systems,Inc.in writing of any unauthorized use of the Software of which you become aware. OWNERSHIP: All trademarks,service marks,patents,copyrights,trade secrets and other proprietary rights in or related to the Software Products are and will remain the exclusive property of GeoLogic Computer Systems or its licensers,whether or not specifically recognized or perfected under local applicable law. You will not acquire any right in the Products except the limited rights specified in this Agreement. You further acknowledge that the Products embody confidential information owned by GeoLogic Computer Systems or its licensers and agree to take reasonable steps to protect the confidentiality of such information. U.S.GOVERNMENT RESTRICTED RIGHTS: The program and documentation are provided with RESTRICTED RIGHTS. Use,duplication,or disclosure by the United States Government is subject to restrictions as set forth in subparagraph(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1)and(2)of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19,as applicable. Manufacturer is GeoLogic Computer Systems/2505 Williams Dr./Waterford,MI 48328. If you acquired the program in the United States of America,the laws of the State of Michigan,USA,govern the Software License Agreement and Warranty. If you acquired the program outside the United States of America,local law may apply. EXPORT RESTRICTIONS: This Software License Agreement is expressly made subject to,and you are solely responsible for complying with,any laws,regulations,orders,or other restrictions on the export from the United States of America or from your locality,of the Software or information about such Software which may be imposed from time to time by the government of the United States of America or by the government of your locality. GENERAL: This License is the entire agreement between us,supersedes any other agreement or discussion,oral or written and may not be changed except by a written signed agreement. This license is binding upon you and your successor-in- interest. This License shall be governed by and construed in accordance with the laws of the State of Michigan,of The United States of America. The place of jurisdiction for all disputes arising in connection with the product will be Oakland County, Michigan,USA. In the event that any portion of this License Agreement is deemed to be invalid,the remaining portion of the License Agreement shall still remain in force. Should you have any questions concerning this agreement,or if you would like to contact GeoLogic Computer Systems for any reason,please write or call: GeoLogic Computer Systems,Customer Service Department,2505 Williams Dr.,Waterford,MI 48328 (248)-335-8863 LIMITATION OF ACTIONS: Purchaser agrees,as an inducement to GeoLogic Computer Systems,to accept this Quotation and Software License,that any claim of any kind by Purchaser based on or arising out of the Quotation and Software License or otherwise shall be barred unless asserted by Purchaser within sixty(60)days from the date of shipment. Initials Page 3 of 4 Geo[oqic 25 05 Williams Drive Waterford, MI 48328 Phone_ 248-335-8863 Dater systens Fax: 248-335-3629 GeoLogic Orion TM Software License Agreement: ACCEPTED AND APPROVED: ACCEPTED AND APPROVED: GeoLogic Computer Systems,Inc License Holder Name City of Port Arthur Name/Title Address 4732 W Highway 73 Suite Signature City Beaumont State/Prov. TX Zip 77705 Date Phone (409)736-1341 Fax Permanent Dongle(Software Key) Name and Title (please print or type) Serial# Authorized Signature Date Type of Software_GCS-Density Rover Customer instructions: Please initial pages 1,2&3. Fill out all information you can on the right side of page 4. Fax these sheets to your dealer. If purchased direct,fax to GeoLogic. Page 4 of 4