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HomeMy WebLinkAboutPR 18628: AGMT. WITH J-QUAD PLANNING GROUP FOR THE DEVELOPMENT OF A 5 YR. CONSOLIDATED PLAN Memo To: John A. Comeaux, Interim City Manager From: Mary E. Essex, Grants Program Administrator Date: October 7,2014 Re: P.R. 18628 RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution 18628 to execute an agreement with J- Quad Planning Group of Addison,Texas for the development of a 5-year Consolidated Plan including a first year Annual Action Plan and an Analysis of Impediments to Fair Housing Choice Report for the not to exceed amount of$43,550;Community Development Block Grant Account#105-1431-552.54-00; Project Number C40122. BACKGROUND: The City of Port Arthur is required by the Department of Housing and Urban Development(HUD).to complete a 5-year Consolidated Plan including a one-year Annual Action Plan. The Consolidated Plan will identify the City's affordable housing and community development needs and market conditions. The one-year Annual Plan provides a concise summary of the actions, activities,and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. HUD requires each city to certify that they are fulfilling their housing and civil rights obligations, and in order to make this certification the city must complete an Analysis of Impediments(Al)to fair housing. The Al is a summary of existing obstacles to achieving fair housing choices. Impediments are defined as "actions,omissions, or decisions that restrict, or have the effect of restricting,the availability of housing choices, based on race,color, religion,sex,disability familial status,or natural origin." BUDGETARY/FISCAL IMPACT: Community Development Block Grant funds. STAFFING/EMPLOYEE EFFECT: Funding will not have an effect on our staffing level. SUMMARY: I recommend that the City Council adopt Proposed Resolution 18628 that executes an agreement with J- Quad Planning Group of Addison,Texas. P. R.#18628 10/06/14 M. Essex RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH J-QUAD PLANNING GROUP OF ADDISON,TEXAS FOR THE DEVELOPMENT OF A 5-YEAR CONSOLIDATED PLAN INCLUDING A FIRST YEAR ANNUAL ACTION PLAN AND AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE REPORT FOR THE NOT TO EXCEED AMOUNT OF$43,550.00; COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT#105-1431-552.54-00 PROJECT NUMBER C40122. WHEREAS,The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions,and to make data- driven, place-based investment decisions.The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs: Community Development Block Grant (CDBG) Program and HOME Investment Partnerships(HOME) Program.The Consolidated Plan is carried out through Annual Action Plans,which provide a concise summary of the actions, activities,and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan; and, WHEREAS,The Analysis of Impediments(Al)to Fair Housing Choice involves an assessment of how laws, regulations, policies and procedures affect the location, availability, and accessibility of housing, and how conditions, both private and public,affect fair housing choice; and, WHEREAS,six(6) proposals were received on August 27, 2014 and evaluated by a review committee (see Exhibit"A") with the proposal evaluation from J-Quad Planning Group of Addison, Texas, in found to be the most reasonable;and, WHEREAS, it is in the best interest of the City of Port Arthur to enter into an agreement with J- Quad Planning Group of Addison,Texas, in substantially the same form as attached hereto as Exhibit "B"; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the fact and opinions in the preamble are true and correct;and, THAT,the City Manager is hereby authorized to execute an agreement with J-Quad Planning Group of Addison,Texas(attached as Exhibit"B")for the development of a 5-Year Consolidated Plan including a First Year Annual Action Plan and Analysis of Impediments to Fair Housing Choice Report for the not to exceed amount of$43,550;ACCOUNT#105-1431-552.54-00 PROJECT NUMBER C40122; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this the day of October,A.D. 2014 at a meeting of the City of Port Arthur,Texas by the following votes: Ayes: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard City Secretary APPROVED FOR ADMINISTRATION: John A. Comeaux, P. E. Interim City Manager APPROVED AS FORM: \r0 (2A1- V Valecia Tizeno City Attorney AP•OVED AS TO AV;_LABILITY OF FUNDS: Deborah Echols,CPA Director of Finance VLF-01144 Shawna Tubbs, CPPO Purchasing Manager „V,, 119 I HX3 City of Port Arthur Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing Proposal Evaluation Matrix ASK MKP Development Rodriguez& Community Weight Consulting J-Quad TDA Consulting Solutions Associates Planning partners Atascocita,TX Addison,TX Laurinburg,NC Southfield,MI Houston,TX Richmond,VA Experience of Personnel Assigned to Project 1000 860 960 960 980 860 820 Past Performance on Projects 1000 900 940 920 900 780 740 References 1250 1150 1150 1125 1125 875 975 Cost of Professional Services 1000 980 940 960 860 480 540 Quality of Response 750 645 720 735 705 450 525 Total 5000 4535 4710 4700 4570 3445 3600 „8„ 1I8IHX3 CONTRACT AGREEMENT FOR THE DEVELOPMENT OF A 5-YEAR CONSOLIDATED PLAN INCLUDING A FIRST YEAR ANNUAL ACTION PLAN AND ANALYSIS OF IMPEDIEMNTS THIS AGREEMENT, made this day of , 2014, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and J-QUAD PLANNING GROUP hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein , OWNER and CONTRACTOR agree as follows: 1. The work to be performed under this contract shall commence on the date specified by the City in the Notice to Proceed and the work shall be fully completed within 365 calendar days. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with ten(10) days written notice. 2. The Contractor will develop a 5-year Consolidated Plan including a First Year Annual Action Plan and an Analysis of Impediments to Fair Housing Choice report as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of $ 43,550. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Advertisement for Bids 3) Addenda 4) General Information 5) Specification 6) Bid 7) Notice of Award Page 1 of 2 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2014 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2014 ATTEST CONTRACTOR BY CITY SECRETARY Page 2 of 2 DELORIS"BOBBIE"PRINCE,MAYOR = ,,, JOHN A.COMEAUX,P.E. DERRICK FREEMAN,MAYOR PRO TEM City of " `= INTERIM CITY MANAGER COUNCIL MEMBERS: /1/11 p r SHERRI BELLAR®,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON o r t I rt h u r MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY Texas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK July 28, 2014 REQUEST FOR PROPOSAL Request for Proposal for Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, August 27, 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, August 27, 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:Impediment 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 Clifton Williams, CPPB, Senior Purchasing Assistant P.O. Box 1089 • Port Arthur,TX 77641 clifton.williams @portarthurtx.gov Please submit questions or exceptions in writing to the email above. The final day for contractor to submit questions is August 21,2014 at 2:00 p.m. Purchasing Division/Finance Department 1 Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street1 Port Arthur,Texas 776411 409.983.8160 1Fax 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 16 CU) CITY OF PORT ARTHUR,TEXAS ort rtli:t ADDENDUM NO. ONE (1) Pius August 21,2014 Bid Proposal For: Request for Proposal.for Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Please do not submit the samples. City only requires the references. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Shawna Tubbs, CPPO, PPB Purchasing Manager Signature of Proposer Date City of Port Arthur Request for Proposals Request for Proposal for Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing OBJECTIVE The City of Port Arthur is requesting proposals from qualified firms and consultants to provide professional services for the development of the City's five (5) Year Consolidated Plan FY (2014/2019) and analysis of impediments of fair housing by the end of June 2015 as part of the City's participation in the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program. The plan will include an analysis of community needs and current conditions, identification of goals and objectives, a five-year strategy plan, and an Annual Action Plan for the first year(FY 2014/15). Assistance is also requested in establishing adequate and appropriate performance measurement of the City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Seq. (24 CPR 91) or on the Internet at: http://www.hud.gov/offices/cpd/about/conplan/regs/index.cfm SCOPE OF WORK The Consolidated Plan for the period June 1, 2015 through May 31, 2020 on Integrated Disbursement and Information System (IDIS) must be approved by the City of Port Arthur City Council and submitted to HUD no later than April 17, 2015. The project must be substantially underway within 30 days of contract execution. Drafts must be regularly submitted to City staff throughout the project and a complete draft must be submitted for review prior to finalization of the Plan. A minimum of two (2)public meetings must be held to solicit public input on the details of the Plan. It is expected that in developing the Consolidated Plan the services rendered will include the coordination and facilitation of public meetings and other methods of citizen participation; a review of community facilities and infrastructure; analysis of data such as population trends, household characteristics, housing and homeless services/needs, educational attainment, and income characteristics; graphic representations of these trends as well as maps of the City and/or specific focus areas; identification of local and regional service providers; and the development of priorities and strategies. It is expected that the consultant is to work with City staff. A total of at least three meetings with the Project Committee will be scheduled. The completed plan must also be submitted on DVD, with all maps, graphics, and other attachments and in a format capable of being reproduced by current City computer hardware and software. The City of Port Arthur is requesting assistance in the preparation of a Consolidated Plan for the period June 1, 2015 thru May 31, 2020. The Consolidated Plan is a requirement of the United States Department of Housing and Urban Development and serves as the City's application for the Community Development Block Grant (CDBG) funding. The completed Consolidated Plan is due to the City of Port Arthur by March 1, 2015. It is required by HUD to be logged into the IDIS system by April 17, 2015 at midnight. HUD grantees are able to submit their Consolidated Plan using the Consolidated Plan template in IDIS on line. The Consolidated Plan template will be required for all Consolidated Plans Page 4 of 16 submitted on or after November 15, 2014. The consultant will be required to upload the e- consolidated plan in the HUD database, IDIS, along with the first Annual Action Plan. Staff will give the consultant access to the HUD IIDIS database system if necessary. The plan will include an analysis of community needs and current conditions, identification of goals and objectives, a five-year strategy, and an Annual Action Plan for the first year (FY 2015- 2020). Assistance is also requested in establishing adequate and appropriate performance measurement of the City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Seq. (24 CFR 91) or on the Internet at http://www.hud.g_ov/offices/cpd/about/conplan/regs/index.cfm CONTRACT TERM The term of this contract could be for a period of twelve (12)months from the effective date of the contract, or until such time as the City receives final approval from HUD of the Consolidated Plan. COST PROPOSAL Each cost shall be spelled out in a separate line item. One cost is for the Five Year Consolidated Plan and one Cost is for the Annual Action Plan, and one cost is for the Analysis of Impediments to Fair Housing. Proposed cost shall be expressed as an hourly rate for a specified number of hours, and broken out by specific work products, as outlined in the Scope of Work. • Page 5 of 16 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses,Firms shall follow the described proposal format The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 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. A.)EXPERIENCE 1. Experience and background of personnel assigned to the project successful, recent and relevant experience in preparing the following; (a) Consolidated Plans, (b) Analysis of Impediments to Fair Housing, (c) Developing Community Development Block Grant Policies (d) Developing guidelines and Performance Measures for the timely expenditure of Community Development Block Grant Funds (e) Experience in facilitating public meetings and making presentations before public agencies,citizen groups and elected officials. B.)PAST PERFORMANCE 1. Past records that were timely and efficient management of Projects. Include a description of project. 2. The projects accomplished within the original budget and time frame. 3. Past records that obtained approval by the United States Department of Housing and Urban Development(HUD) 15 For Consolidated Plans or similar documents. C.)REFERENCES 1. References (minimum of three) and samples of previously prepared Five (5)-Year Consolidated Plans or other similar documents. References will be contacted and rated based upon their satisfaction of services provided. D.) COST OF PROFESSIONAL SERVICES 1. Proposed charge for performing the Scope of Work expressed as an hourly rate for a specified number of hours, and broken out by specific work products. E.)QUALITY City will evaluate the Quality of work products and successful implementation of related work. Page 6 of 16 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor 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(20 points) b.Past Performance(20 points) c. References (25 points) d. Cost of Professional Services (20 points) e. Quality(15 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon, the selected Vendor 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 Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 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. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process)that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 7of16 LETTER OF INTEREST RFP—Request for Proposal for Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing Deadline: August 27,2014 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 Request for Proposal for Development of a 5-Year Plan with First Year Annual Action and Analysis of Impediments to Fair Housing. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed RFP Letter of Interest Form ❖ 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. ) JQUAD PLANNING GROUP, LLC August 27, 2014 Firm Name Date 1 ` (� ) President Authorized Signature Title ) James Gilleylen 214 533-9028 Name (please print) Telephone 1 gilleylenj @jquad.com Email • 1 ) ) ) ) Page 8 of 16 1 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. JQUAD PLANNING GROUP, LLC august 27, 2014 Firm Name Date President Autho ' ed Signature Title James Gilleylen 214 533-9028 Name(please print) Telephone gilleylenj @jquad.com Email STATE: r se.A -: COUNTY: i • 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ v 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 7th 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. NONE 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.) 1 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 1 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? I 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 10 of 16 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. TERIMINOLOGY: "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: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be Page 11of16 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.: Grants Management,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 12 of 16 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.C.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 13 of 16 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 14 of 16 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 15 of 16 APPENDIX A. NON-DISCLOSURE AGREEMENT In consideration of the City of Port Arthur, TX retaining the services of a consultant and because of the sensitivity of certain information which may come under the care and control of Consultant, both parties ► agree that all information regarding the City or any selected City agency subject to this contract, or gathered, produced, or derived from this project (Confidential Information) must remain confidential ! subject to release only by permission of the City, and more specifically agree as follows: Media releases pertaining to this REP and/or any resulting contract, or the services to which they relate, will not b e made without the prior written consent of the City, and then only in accordance with explicit ► written instructions from the City. The disclosure of the contents of proposals prior to the award of a contract under this RFP,or any other violation of this section,may result in disqualification. 1. The information may be used by Consultant only to assist Consultant in connection with its engagement with the City. • 2. Consultant will not, at any time, use the information in any fashion, form, or manner except in its capacity as independent consultant to the City. 1 3. Consultant agrees to maintain the confidentiality of any and all deliverables resulting from this contract in the same manner that it protects the confidentiality of its own proprietary products of like kind. 4. The information may not be copied or reproduced without the City's written consent. 5. All materials made available to Consultant, including copies thereof, must be returned to the City upon the first to occur of a)completion of the project;orb)request by the City. 6. The foregoing must not prohibit or limit Consultant use of the information (including, but not limited to, ideas, concepts,know-how, techniques and methodologies) a)previously known to it; h) independently developed by it; c) acquired by it from a third party; or d) which is or becomes part of the public domain through no breach to Consultant of this agreement. 7. This agreement shall become effective as of the date information is first made available to Consultant and must survive the contract and be a continuing requirement. 8. The breach of this Nondisclosure Agreement by Consultant shall entitle the City to immediately terminate the Agreement upon written notice to Consultant for such breach. The parties acknowledge that the measure of damages in the event of a breach of this Nondisclosure Agreement may be difficult or impossible to calculate, depending on the nature of the breach. Regardless of whether the City elects to terminate the Agreement upon the breach hereof, the City may require Consultant to pay to the City the sum of$1,000 for each breach as liquidated damages. This amount is not intended to be in the nature of a penalty, but is intended to be a reasonable estimate of the amount of damages to the City in the event of a breach hereof by Consultant. City does not waive any right to seek additional relief, either equitable or otherwise, concerning any breach of this Agreement. James Gilleylen Printed Name Signature Title President Date August 27, 2014 Page 16 of 16 11 p 0 TAB 4: COST PROPOSAL BUDGET - JQUAD's cost and level of effort for the 2014 - 2019 Consolidated Plan and 2014 - 2015 330 hours @ $21,450; Annual Action Plan 60 hours @ $3,900; 0 Analysis of Impediments 280 hours @ $18,200 for a total cost to the City of Port Arthur, Texas of $43,550. This reflects approximately 670 total labor hours of effort @ $65.00 per hour inclusive of overhead, administrative and travel cost. This effort is 0 being proposed on a firm fixed price basis and all overhead, travel and administrative cost is included in this total price of$43,550. S By combining the efforts for the Consolidated Plan and Analysis of Impediments, particularly the Strategic Planning, Community Input, data collection, and development of the Community Profiles, Market Analysis, and Housing and Homeless Needs a Assessments, some cost savings are realized through removing the need for duplicating some efforts. JQUAD acknowledges that the City at its discretion may enter into negotiations for purposes of deciding final cost, schedule and scope for this project, and that a final and best offer may be requested. S DELIVERY SCHEDULE - JQUAD has proposed Time Line - The timeline is based on an estimated start date of September 15, 2014 and completion by April 17, 2015. This scheduled will be adjusted upon execution of a contract and determination of the actual start date. The scheduled is based on a delivery of the final report for the Analysis of Impediments by February 13, 2015 and the 2015 - 2019 Consolidated Plan, 2015 - 2016 Annual Plan by March 1, 2015. JQUAD will remain available for the 30 Days Public Comment Period and the City Council Public Hearings, and Submission to HUD for review and make revisions as required. This schedule can be adjusted based on actual notice to start being issued and contract executed. S B B B 47 • 1 EXCEPTIONS AND CITY ASSISTANCE - The City will be expected to assist JQUAD by providing documents such as previous Al, Consolidated Plans, Annual Plans, CAPERS, Five Year Consolidated Plan and Annual Plan, City Development and Building Codes and other documentations, reports and regulations maintained by the City and Housing Authority, and will assist with developing an invitation list for community forums and focus group sessions, notification to participants, and hosting the sessions at a City facility. JQUAD will conduct the public input sessions. JQUAD will 0 make available an electronic version of the final reports and the City will be responsible for all reproduction cost and distribution of the final reports at its discretion. 0 PAYMENT AND INVOICING JQUAD will invoice the client monthly based on progress completion of task and hours identified in the Work Plan, completed during the billing cycle. 1 1 1 48