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R2005-0105 06-27-05RESOLUTION NO. R2005-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF FRIENDSWOOD FOR COOPERATION IN THE PURCHASE OF STORM DEBRIS REMOVAL SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal agreement by and between the City of Pearland and the City of Friendswood, a copy of which is attached hereto as Exhibit "A"and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an interlocal agreement with the City of Friendswood, for cooperation in the purchase of storm debris removal services. PASSED, APPROVED and ADOPTED this the 27th day of June A.D., 2005. ~ri1~./ 7~ TOM REID MAYOR ATTEST: Y NG L I RN~ I SE TARY APPROVED AS TO FORM: ~a~C~ DARRIN M. COKER CITY ATTORNEY INTERLOCAL AGREEMENT BETWEEN THE CITY OF PEARLAND AND CITY OF FRIENDSWOOD THE STATE OF TEXAS COUNTY OF BRAZOI2IA § This Agreement made this the 27th day of June, 2005, between the City of Peazland, Texas, a home-rule municipal corporation located in Brazoria County ("Peazland"), Texas and the City of Friendswood, Texas a municipal corporation located in Galveston County, Texas ("Friendswood"). WITNESSETH Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex Gov't Code Ann. §791,001, et seq.) providing for the cooperation between local governmental bodies, and pursuant to Subchapter F entitled "Cooperative Purchasing Program" containing Sections 271.101 and 271.102 of the Texas Local Government Code, the parties hereto, in consideration of the premises and mutual promises contained herein agree to as follows; I. The City of Peazland ("Pearland") hereby designates its Purchasing Manager to act under the direction of and on behalf of Peazland in corrdinating storm debris removal services and technical assistance associated with the disaster recovery process, pursuant to Friendswood's Agreement with Crowder-Gulf ("Contractor's which was let in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws and which agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. II. Peazland, by execution of this Agreement, agrees to directly pay Contractor after completion and acceptance of the work specified in each work order for storm debris removal services and technical assistance associated with the disaster recovery process, and after receipt of a proper invoice thereof an amount based upon the unit pricing detailed in the attached agreement. Neither Friendswood nor Peazland shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. Pearland's payment required by this article shall be made from current, available revenues. Furthermore, both parties agree that the payment required herein fairly compensates Friendswood for any services or functions required to be performed under this Agreement. In obtaining the services of Contractor through Friendswood, Peazland has relied solely on its own inspections, investigations and due diligence regarding the services and Peazland's acknowledges that Friendswood has made no representations or warranties expressed or implied with respect to the services to be rendered. III. This Agreement shall take effect upon execution by both signatories, and shall serve as each governmental body's commitment pertaining to purchases of the services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the 27th of June, 2005, the date of execution Peazland. CITY OF PEARLAND By: Bill E sen, City Manager TTEST: g Lo i C A~P/P~R~ OVED AS TO FORM: ~CJsi.-..-, Damn Coker, City Attorney CITY OF FRIENDSWOOD r L By: rv 'mball . Brizend' ie, Mayor A T: 4 Deloris McKenzie, ity Secretary ~- • Pre Storm -Contract for Debris Services THIS CONTRACT is made this the 6th day of January 2003, by and between, Crowder-Gulf (herein referred to as "Contractor") and The City of Friendswood (herein referred to as "City"). RECITALS WHEREAS, it is foreseen that it maybe in the public interest to provide for the expedient removal of stone debris within the corporate limits of the City of Friendswood plus recovery Technical Assistance to the appointed and elected officials resulting from a future storm or manmade event; and WHEREAS, the City of Friendswood has in the past suffered the full force and effects of major stomas and the resulting destruction brought upon the City by such stomas or manmade disasters; and WHEREAS, the Public Health and Safety of all the citizens will be at serious risk; and WHEREAS, the immediate economical recovery of the City of Friendswood and its citizens is a major concern and the prirnary priority for recovery; and WHEREAS, the availability of experienced prime storm debris contractors may be severely limited; and WHEREAS, Crowder-Gulf has the experience, equipment, manpower, permits and licenses to perform all stoma related debris services; and • WHEREAS, the City of Friendswood and the Contractor have agreed to the Scope of Services, prices, terms and conditions as set out in this Contract; and THEREFORE, said parties do agree to the following stipulations and conditions. 1.0 SERVICES 1.1 Scope of Contracted Services: The Contractor shall provide all expertise, personnel, tools, materials, equipment, transportation, supervision and all other services and facilities of any nature necessazy to execute, complete and deliver the timely removal and lawful disposal of all eligible storm- generated debris (herein referred to as "debris'), including hazardous and industrial waste materials and within the time specified in Section 3.3 of this Contract. Emergency push, debris removal and demolition of structures will be limited to: I) That which is detemrined to eliminate immediate threats to life, public health, and safety; 2) That which has been determined to eliminate immediate threats of significant damage to improved public or private property; and 3) That which is considered essential to ensure the economic recovery of the affected community to the benefit of the community at large. These contracted services shall provide for the cost effective and efficient removal and lawful disposal of debris accumulated on all public, residential and commercial propemes, streets, roads, other rights-of--way and public school properties, including any other locally owned facility or site as maybe directed by the City of Friendswood Contracted services will only be • performed when requested and as designated by the Office of Emergency Management. The Contractor shall Ioad and haul the debris from within the legal boundaries of the municipality to a site(s) specified by the City as set out in Section 4.8 of this Contract. • 1.2 Emergency Push /Road Clearance: The Contractor shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the City. This operational aspect of the scope of contracted services shall be for the first 72 (plus or minus) hours after an event. Once this task is accomplished, the following additional tasks will begin as required. 1.3 Right-of--Way (ROW) Removal: The Contractor shall remove all debris from the ROW of the City when directed to do so by the Office of Emergency Management. The Contractor shall use reasonable care not to damage any public or private property not already damaged by the storm event. Should any property be damaged due to negligence on the part of the Contractor, the City may either bill the Contractor for the damages or withhold funds due to the Contractor. ].4 Right-of--Entry (ROE) Removal (if implemented by the City): The Contractor will remove ROE debris from nrivate property with due diligence, as directed by the City. The Contractor also agrees to make reasonable efforts to save from destnrction items that the property owners wish to save, (i.e., trees, small buildings, etc.) The Contractor will exercise caution when working around public utilities (i.e., gas, water, electric, etc.). Every effort will be made to mark these utilities but the City does not warrant that all will be located before debris removal begins, nor does the Contractor warrant that utility damages will not occur as a result of properly conducting the contracted services. • 1.5 Demolition of Structures (if impternented by the City): The Contractor will remove stmctures designated for removal by and at the direction of the City. The Contractor agrees to remove in a timely manner all structures as determined by the City as sebout in Section 1.1 of this Contract. 1.6 Private Property Waivers: The City of Friendswood will secure all necessazy permissions, waivers and Right-of--Entry Agreements from property owners as prescribed by the Govenment for the removal of debris and/or demolition of structures from residential and/or commercial properties, as set out in Sections 1.4 and 1.5 above. 1.7 Disaster Recovery Technical Assistance: The Contractor will provide Disaster Recovery Technical Assistance to elected and appointed officials within the City. This service shall include Debris Program Management Assistance. This is the concept of complete recovery management support where the Contractor would assist a local government applicant on all aspects of the recovery process. Contractor personnel cannot assume the sovereign duties and functions of the City officials and therefore, these services shall be provided by the Contractor through a consulting firm acceptable to the City and in the form of guidance and consultation. 2.0 PERFORNIAr~ICE OF SERVICES 2.1 Description of Service: The contractor agrees to perform the contracted services in a professional, service-oriented • manner, in compliance with all applicable laws, ordinances, rules, regulations and permits. Only the highest quality work will be acceptable. Services, equipment and work not conforming to the Contract documents or meeting the approval of the City may be rejected. Replacements and/or additional work, as required, will be accomplished at no additional cost to the City. n LJ 2.2 Cost of Services: The Contractor shall bear the costs of perfonning all contracted services hereunder, as directed by the City, including but not limited to that which is set out in Section 1.0, plus applicable permit and license fees and all maintenance costs required to maintain its vehicles and other equipment in a condition and manner adequate to accomplish and sustain all contracted services as set out in this Contract. 2.3 Matters Related to Performance: 2.3.1 Subcontractor(s): The Contractor may utilize the service of subcontractors and shall be responsible for the acts or omissions of its subcontractors to the same extent the Contractor is responsible for the acts and omissions of its employees. The Contractor shall ensure that all its subcontracts have and carry the same major provisions of this Contract and that the work of their subcontractors is subject to said provisions. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the City. The Contractor shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the City. 2.3.2 Indemnification: The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all liabilities, suits, actions, legal proceedings, claims demands, damages, costs and expenses (including attorney's fees) rising out of any act or • omission of the Contractor, its agents, subcontractors or employees in the performance of this Contract. 2.3.3 Insurance(s): The Contractor agrees to keep the following Insurance in full force and effective during the term of this Contract. The Contractor must also name the City, as additional insured, while working within the boundaries of the City. 2.3.4 Worker's Compensation: This coverage is required if the Contractor employs individuals on either a full or part-time basis to perform the contracted services. • Coverage A Statutory State Requirements • Coverage B $1,000,000 2.3.5 Automobile Liability: Bodilylnjury $1,000,OOOeachperson $1,000,000 each accident Property Damage $1,000,000 each accident 2.3.6 Comprehensive General Liability: Bodily Injury $1,000,000 each person $2,000,000 aggregate Property Damage $1,000,000 each accident $2,000,000 aggregate 2.3.7 Insurance Cancellation /Renewal: The Contractor will notify the City at least thirty (30) days in advance of • cancellation, non-renewal or adverse change to the required insurance. New certificates of insurance are to be provided to the City at least ten (10) days following coverage renewals or changes. 3.0 STANllARD5 OT PERFORMANCE 3.1 Contractor Representative: The Contractor shall have a knowledgeable and responsible Representative report to the City of Friendswood's designated Contract Representative within 24 hours following the execution of this Contract. The Contractor Representative shall have the authority to implement all actions required to begin the performance of contracted services as set out in this Contract and the Contractor's General Operations Plan. 3.2 Mobilization: When the written Notice to Proceed has been received by the Contractor and/or the on-site Contractor Representative, he/she will make all necessazy arrangements to mobilize a minimum of 50% of the required resources within 48 hours and 100% of the required resources within 96 hours to commence and conduct these contracted services. 3.3 Time to Complete: The Contractor shall complete all directed work as set out in Section 1.0 of this Contract within a time frame to be determhied once extent of damage is known and in accordance with Section 5.8 of this Contract. • 3.4 Completion of Work: The Contractor shall be responsible for removal of all debris up to the point where remaining debris can only be described as storm litter and additional collection can only be accomplished by the use of hand labor. 3.5 Extensions (optional): In as much as this is a "time is of the essence" based Contract; the commencement of contracted services will be as set out in Section 3.2. If the completion of this Contract is delayed by actions of the City of Friendswood, then and in such event the time of completion of this Contract shall be extended for such additional time within which to complete the performance of the Contract as is required by such delay. This Contract may be extended by mutual consent of both the City of Friendswood and the Contractor for reasons of additional time, additional services and/or additional areas of work. 3.6 Term of Contract: The term of the Contract shall be for five 5 consecutive years beginning on the date of acceptance by and signatures of the City of Friendswood and Contractor, whichever comes later. 3.7 Contract Renewal: This Contract may be renewed for an additional year after a written concurrence of both parties on any negotiated changes to the terms and specifications contained in this Contract. Section 7.0 and Exhibit-Ol (Hocsrly Rates for Emergency Response Debris Services) of this • Contract may be reviewed on an annual basis, at which time amended unit costs may be submitted by the Contractor to the City of Friendswood to reflect the current disaster recovery market value of all contracted services in this Contract. Such amendments shall become part of this Contract after both parties sign any such written amendment(s). 3.8 Contract Termination: • This Contract shall terminate upon thirty (30) days written notice from either party and delivered to the other party, as set out in Section 8.1 of this Contract. 4.0 GENERAL, RESPONSIBILITIES 4.1 Other Agreements: The City of Friendswood may be required to enter into agreements with Federal and/or State agencies for disaster relief The Contractor shall be bound by the terms and conditions of such agreements. 4.2 City of Friendswood Obligations: The City of Friendswood shall famish al] information and documents necessary for the commencement of contracted services, to include a valid written Notice To Proceed. A representative will be designated by the City to be the primary point of contact for inspecting the work and answering any on site questions prior to and after activation of this Contract via a written Notice To Proceed. The City is responsible for issuing all Public Service Announcements (PSA) to advise citizens and agencies of the available debris services. The Contractor may assist the City with the development of debris-based PSA(s), if requested. 4.3 Conduct of Work: The Contractor shall be responsible for planning and conducting all operations in a satisfactory • workmanship manner. The Contractor shall exhibit respect for the citizens and their individual private properties. All operations shall be conducted under the review of a City Representative. The Contractor shall have and require strict compliance with a written Code of Ethics. 4.4 Supervision: The Contractor will supervise and/or direct all contracted services. The Contractor is solely responsible for the meazis, methods, techniques, safety program and procedures. The Contractor will employ and maintain on the work site a qualified supervisor who shall have full authority to act on behalf of the Contractor and all communications given to the supervisor by the City's Authorized Representative shall be as binding as if given to the Contractor. 4.5 Damages: The Contractor shall be responsible for conducting operations in such a manner as to cause the minimum damage possible to existing public, private and commercial property and/or infrastructure. Contractor shall also be responsible for any damages due to the negligence of its employees and subcontractors as set out in Sections 1.2 through 1.5 of this Contract. 4.6 Other Contractor(s): The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities by the federal, state and local government and of any private utility, and shall not interfere with their work. • 4.7 Ownership of Debris (optional); All debris, including regulated hazardous waste, shall become the property of the Contractor for removal and lawful disposal. The debris will consist of, but not limited to vegetative, construction and demolition, white goods and household solid waste. 4.8 Disposal of Debris: • Unless otherwise directed by the City, the Contractor shall be responsible for determining utd executing the method and mamrer for lawful disposal of all eligible debris, including regulated hazardous waste. -The primary Location of the reduction and disposal site(s) shall be determined by the City and Contractor. Other sites may be utilized as directed and/or approved by the City. 5.0 GENERAL TERMS and CONDITIONS 5.1 Geographic Assignment: The geographic boundary for work by the Contractor's crews shall be as directed by the City and will. be limited to properties located within the City's legal boundaries. 5.2 Multiple, Scheduled Passes (optional): The Contractor shall make scheduled passes at the direction of the City and/or unscheduled passes of each area impacted by the storm event. The City shall direct the interval timing of all passes. Sufficient time shall be permitted between subsequent passes to accommodate reasonable recovery and additional debris placement at the ROW by the citizens and the City. 5.3 Operation of Equipment: The Contractor shail operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street or ROW using buckets and/or boom and grapple devices to collect and load debris. No equipment shall • be allowed behind the curb or outside of the public ROW unless otherwise directed by the City Should operation of equipment be required outside of the public ROW, the City will provide a Right-of--Entry Agreement, as set out in Section 1.6 of this Contract. 5.4 Certification of Load Carrying Capacity: The Contractor shall submit to the City a certified report indicating the type of vehicle, make and model, license plate number and/or trailer VIN number, assigned debris hauling number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul debris. The measured volume of each piece of equipment shall be calculated from the actual physical measurement performed by the City and Contractor Representative(s). A standazd measurement form certifying actual physical measurements of each piece of equipment shall be an attachment to the certified report(s) submitted to the City. 5.5 Vehicle Information: The maximum load capacity of each hauling vehicle will be rounded to the nearest whole cubic yard (Cll. (Decimal values of .1 through .4 will be rounded down and decimal values of .5 through .9 will be rounded up.) The measured maximum load capacity (as adjusted) of any vehicle load bed will be the same as shown on the trailer measurement form and painted on each numbered vehicle or piece of equipment used to haul debris. All vehicles or equipment used for hauling will have and use a Contractor approved tailgate and sideboards will be limited to those that protect the load area of the trailer. • 5.6 Security of Debris During Hauling: The Contractor shall be responsible for the security of debris on/in each vehicle or piece of equipment utilized to haul debris. Prior to leaving the loading site(s), the Contractor shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonably compacted and secured during transport. As required, the Contractor will survey the primary routes used by • the Contractor and recover fallen or blown debris from the roadway(s). 5.7 Traffic Controh The Contractor shall mitigate impact on local traffic conditions to all extents possible. The Contractor is responsible for establishing and mahitaining appropriate traffic control in accordance with the latest Manual of Uniform Traffic Control Devices. The Contractor shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, reduction and/or disposal site(s). 5.8 Work Days/Hours: The Contractor may conduct debris removal operations from sunup to sundown, seven days per week. Any mechanical, debris reduction operations may be conducted from sunup to sundown, seven days per week. Adjustments to work days and/or work hours shall be as directed by the City following consultation and notification to the Contractor. 5.9 Hazardous and Industrial Wastes: The Contractor shall set aside and reasonably protect all hazardous or industrial materials encountered during debris removal operations for collection and disposal in accordance with the Contractor's I-Iazardous and Industrial Materials Cleanup and Disposal Pla~r. The Contractor will build, operate and maintain a Hazardous Waste and Industrial iviaterial Storage area until proper disposal of such waste is feasible. The Contractor may use the subcontracting services of a finn specializing in the management and disposal of such materials and waste, if/when directed by the City. • 5.10 Stumps: All hazardous/eligible stumps identified by the City will be pulled, loaded, transported, stored, reduced and disposed in accordance with the standards of this Contract. All stumps will be documented, invoiced and paid in accordance with Section 7.3 of this Contract. 5.11 Utilizing Local Resources: The Contractor shall, to every extent possible, give priority to utilizing resources within the City. Debris Contract local preferences will include, but not limited to, procurement of services, supplies and equipment, plus awarding service subcontracts and employment to the local work force. 5.12 Work Safety: The Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as amended. The Contractor will provide such safety equipment, training and supervision as may be required by the City and/or Government. The Contractor shall ensure that its subcontracts contain a similaz safety provision. 5.13 Inspection and Testing: All debris shall be subject to adequate inspection by the City or any public authority in accordance with generally accepted standards to ensure compliance with the Contract and applicable federal, state and local laws. The City will, at all times, have access to al] work sites and disposal areas. Lr addition, authorized representatives and agents of the Govemment • shall be permitted to inspect all work, materials, invoices and other relevant records and documentation. 5.14 Other Agencies: The term "Government" as used in this Contract refers to those govemmenta] agencies, which may have a regulatory or funding interest in this Contract. 6.0 REPORTS. CERTIFICATIONS and DOCUMENTATION • 6.1 Accountable Debris Load Forms: The City shall accept the serialized copy of the Contractor's debris reporting ticket(s) as the certified, original source documents to account for the measurement and accumulation of the volume of debris delivered and processed at the reduction and/or disposal site(s). The serialized ticketing system will also be used in the event of additional debris handling for volume reduction and/or the possible requirement for a debris transfer stations}. These tickets shall be used as the basis of any electronic generated billing andlor report(s). 6.2 Reports: The Contractor shall submit periodic, written reports to the City as requested or required, detailing the progress of debris removal and disposal. These reports may include, but not limited to: 6.2.1 Daily Reports: The daily reports may detail the location where passes for debris removal were conducted, the quantity of debris (by type) removed and disposed and the total number of personnel crews engaged in debris management operations and the member of grinders, chippers and mulching machines in operation. The Contractor will also report damages to private property caused by the debris operation or damage claims made by citizens and such other information as maybe required to completely describe the daily conduct of the Contractor's operations. 6.2.2 Weekly Summaries: A summary of all information contained in the daily reports as set out in Section • 6.2.1 of this Contract or in a format required by the City. 6.2.3 Report(s) Delivery: The scheduling, point of delivery and receiving personnel for the debris operations report(s) will be directed by the City in consultation with the Contractor. 6.2.4 Final Project Closeout: Upon final inspection and/or closeout of the project by the City, the Contractor shall prepaze and submit a detailed description of all debris management activities to include, but not limited to the total volume, by type of debris hauled, reduced and/or disposed, plus the total cost of the project invoiced to the City. If requested, any other additional information as may be necessary to adequately document the conduct of the debris management operations for the City and/or Government. 6.3 Additional Supporting Documentation: The Contractor shall submit sufficient reports and/or documentation for debris loading, hauling, disposal and load capacity measurements as may be required by the City and/or Government to support requests for debris project rehnbursement from external funding sources. 6.4 Report Maintenance: Contractor will be subject to audit by federal, state and local agencies pursuant to this Contract. The Contractor will maintain al] reports, records, debris reporting tickets and contract correspondence for a period of not less than three (3) years. • 6.5 Contract File Maintenance: The Contractor will maintain this Contract and the invoices that are generated for the contracted services for a period of five (5) years or the period of standard record retention of the City, whichever is longer. • 7.0 UNIT PRICES and PAYMENTS 7.1 Unit Price For Emergency Push /Road Clearance: The Contractor will invoice the City and be paid for this contracted service in accordance with the rates as set out in Exhibit-Ol (Hourly Rates for Emergency Response Debris Services). 7.2 Unit Price for Debris: The unit price per cubic yard includes all costs for mobilization, loading, transportation, storage, reduction, disposal, overall project management and de-mobilizafion (phis ROE site work, if applicable) as directed by the City. 7.2.1 Haul vegetative and C&D debris from public right of ways to Hill Waste Services or other temporazy storage site in the City $ 8.25 uer cubic vard 7.2.2 Haul vegetative and C&D debris from public right of ways directly to final disposal sites up to 20-mile haul $ 8.25 ner cubic vard 7.2.3 Haul vegetative and C&D debris from temporary storage sites to final disposal sites up to 20 mile $ 3.90 per cubic vard 7.2.4 Bum vegetative debris using air curtain incinerators at the temporary storage sites or at a remote bum site $ 1.60 ner cubic vard 7.2.5 Grind vegetative debris at the temporary storage site or at a remote grind site • $ 2.25 ner cubic vard 7.2.6 Price for other services are as listed in Attachment "A". The City will determine the necessity and eligibility for ALL shunp removal. The unit price of compensation for stump pulling, loading, transportation, storage, reduction and/or disposal are listed in Attachment "A". 7.3.1 City Skimps placed aUon the ROW for removal by the Contractor, which aze less than 24 inches in diameter, shall be treated as routine debris and invoiced in accordance with Section 7.2 of this Contract. 7.3.2 Stumps placed at/on the ROW for removal by the Contractor, which are greater than 24 inches in diameter, shall be invoiced at 60% of the unit prices stated in Sections 7.3.2 through 7.3.4 above, in accordance with the appropriate stump diameters. 7.4 Billing Cycte: The Contractor shall invoice the City on a 30 day basis reflecting the close of business on the last working day of the billing period. Serialized debris reporting tickets and disposal site verification of the actual cubic yardage for each load of debris or itemized stumps will support all invoices. 7.5 Payment Responsibility: The City agrees to accept the Contractor's invoice(s) and supporting documentation as set out • in Section 6.3 of this Contract and process said invoices for payment within 10 business days. The City will advise the Contractor within five (5) working days of receiving any debris service invoice that requires additional information for approval to process for payment. • 7.6 Ineligible Work: The Contractor will not be paid for the removal, transportation, storage, reduction and/or disposal of any material or stumps as may be determined by the City and/or Government as ineligible debris. 7.6.1 Eligibility Inspections: The Contractor and City will inspect each load to verify the contents aze in accordance with the accepted defitution of eligible debris, as set out in Section 1.1 of this Contract. 7.6.2 Eligibility Determinations: If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility and no payment will be allowed for that load and the Contractor will not invoice the City for such loads. 7.7 Unit Price/Service Negotiations: Unknown and/or unforeseen events or conditions may require an adjustment to the stated unit prices in Sections 7.1, 7.2 and 7.3 of this Contract Any amendments, extensions or changes to the scope of contracted services or unit prices are subject to full negotiation(s) between the City and the Contractor and subject to the review of the Government. • 7.8 Specialized Services: The Contractor may invoice the City for costs incurred to mobilize and demobilize specialized equipment required to perform services in addition to those specified under Section 1.0 of this Contract. Additional specialized services will only be performed if/when directed by the City. The rate for specialized mobilization and demobilization shall be fair and reasonable as determined by the City. 8.0 MISCELLANEOUS 8.1 Notice: Whenever in this Contract it is necessary to give notice or demand by either party to the other, such notice or demand shall be given in writing and forwarded by certified or registered mail and addressed as follows: To Contractor at: Crowder-Gulf S53S Business Parkway Theodore, Alabama 36582 To City at: City of Friendswood 910 S. Friendswood Drive Friendswood, Texas 77546 8.2 Applicable Law: The laws of the State of Texas shall govern this Contract. 8.3 Entire Contract: This Contract (including any schedules or exhibits attached hereto) constitutes the entire Contract and understanding between the parties with respect to the matters contained herein. This Contract supercedes any prior contracts and/or understandings relating to the subject matter hereof This Contract may be modified, amended or extended by a written instrument executed by both parties as per Sections 7.7 and 8.1 of this Contract. 8.4 Waiver: • In the event one of the parties waives a default by the other, such a waiver shall not be construed or deemed to be a continuing waiver of any subsequent breach or default of the other provisions of this Contract, by either party. 8.5 Severability: If any provision of this Contract is deemed or becomes invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to the extent necessary to conform to applicable laws or regulations. If it caraiot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Contract will remain in full force and effect. IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate name by its authorized representative and the City has caused this Contract to be signed in its legal corporate name by persons authorized to execute said Contract as of the day and year first written above on page one. Crowder-Gulf LJ (Contractor) By: ~~ ~ John Ramsay City of Friendswood (A municipal orporatio Harold Whitaker Title: Director ATTEST: f ~ Delores McKenzi-%y/Ye~ City Secretary Attachments: Attachment "A" (Pricing) Title: Mayor - COPYRIGHT WARNING - • FEDERAL LAW PROVIDES FOR SEVERE CIVIL AND CRIMINAL PENALTIES FOR THE UNAUTHORIZED REPRODUCTION AND DISTRIBUTION OF COPYRIGHTED DOCUMENTS AND PRODUCTS. THIS DOCUMENT IS LICENSED TO CROWDER-GULF FOR PROPOSAL AND CONTRACTING PURPOSES ONLY. ANY COPYING, DISTRIBUTION OR USE BY OTHERS IS STRICTLY PROHIBITED. ALL OTHER RIGHTS RESERVED. • ATTACHMENT "A" CROWDER-GULF DISASTER RESPONSE MANAGEMENT CONCEPT THE CITY OF FRIENDSWOOD V 1. PRICING • VI. PRICING To the best of our knowledge, the following costs are reasonable and customary for the services to be provided. DEBRIS REMOVAL, PROCESSING AND DISPOSAL ITEM DESCRIPTION OF SERVICF, COST UNIT 1 Mobilization and Demobilization (Lump Sum) $0.00 Lump Sum 2 Debris Removal from Public Property (Right-of--Way) and Hauling to Temporary Debris Storage and Reduction Site (TDSRS} $8.25 CY 3 Debris Removal from Temporary Debris Storage and Reduction Site (TDSRS) and Hauling to Final Disposal Site (NOTE 1 & 2) $3.90 CY 4 Debris Removal from Public Property (Right-of-Way) and Hauling directly to Final Disposal Site (NOTE 1 & 2) $8 25 CY ~ Management of TDSRS $1S0 C!Y" 6 Processing (GrindinglChipping) of Debris a[ TDSRS or Final Disposal Site $2.25 CY 7 Processing (Burning) of Debris at TDSRS or Final Disposal Site $1.60 CY 8 Pick Up and Haul of White Goods to Disposal Site within County (NOTE 1) $25.00 WIT 9 Pick Up and Disposal of Hazardous Material $3.30 LB 10 Freon Management and Recycling $75.00 UNiT I 1 Dead Animal Collection, Transportation and Disposal $3.00 LB Hazardous Stump Removal & Hauling to Disposal Site 12 6 inch diameter to 11.99 inch diameter $0.00 STUMP 13 12 inch diameter to 23.99 inch diameter $0.00 STUMP 14 24 inch diameter to 47.99 inch diameter $300.00 STUMP ] 5 48 inch diameter and greater $500.00 STUMP The following items shall be billed on a time and material basis according to the schedules on the fallowing pages: 16 Emergency Road Cleazance T&M N/A 17 Debris removal from water bodies (bays, rivers, streams, canals, Lakes) T&M N/A I S Debris Removal fi•om Private Property (Right-of-Enh~y Program) and Publicly Owner Property (other than Right-of--Way) T&M N/A 19 Leaning Trees/Ilanging Limbs/Tree-off Program T&M NIA ' 20 Demolition of Structures T&M NIA ' 21 Disaster event Generated Hazardous Wastes Abatement; Biohazardous Wastes Abatement T&M N/A '.. _ 22 Pre-event training for Client personnel $0.00 N/A NOTES: 1. Tipping fee at final disposal site(s) will be the responsibility of the City. 2. This price is for a maximum haul distance of 20 miles. For all mileage in excess of 20 miles, add $0.11 per cubic yard per nille. 3. For amulti-year contract, the prices shown above would be adjusted on the anniversary date of the contract • according a percentage equal to the percent change in the Consumer Price ?ndex as published U.S. Department of Labor, Bureau of Labor Statistics. • • EOUIPMEN'P RATES (See Note page 77) Equipment Description Unit Urtit Frice D 544 Wheel Loader with debris a le Hour $120 644 Wheel-Loader with debris ra le Hour $130 xtendaboom Forklifr with debris gra le Hour $95 753 Bobcat Skid Steer Loader with debris a le Hour $60 53 Bobcat Skid Steer Loader with bucket Hour $50 53 Bobcat Skid Steer Loader with street swee er Hour $60 0 - 50 HP Farm Tractor with box blade or rake Hour $45 - 2 1/2 eu. d. Articulated Loader with bucket Hour $100 - 4 cu. d. Articulated Loader with bucket Hour $120 D 648E Lo Skidder, ore uivalent Hour $120 AT D4 Dozer Hour $70 "AT D6 Dozer Hour $125 AT D8 Dozer Hour $170 ATI25 - 140 HP i~totor Grader Hour $95 D 690 Trackhoe with debris era le Hour $120 D 690 Tracklroe with bucket & thumb Hour $105 ubber Tired Trackhoe with debris a le Hour $125 D 310 Rubber Tire Backhoe with bucket and hoe Hour $65 ubber Tired Excavator with debris ra le Hour $120 10 Prentiss Knuckleboom with debris ra Le Hour $135 elf-Loader Scra er Cat 623 ore uivalent IIour $195 _ and Fed Debris Chi er Hour $34 00 - 400 Tub Grinder Hour $350 800 -1,000 HP Diamond 7, Tnb Grinder Hour $520 0 Ton Crane Hour $150 50 Ton Crane Hour $170 100 Ton Crane 8 horn minimum Hour $250 0 - 60' Bucket Truck FIour $135 Service Tmck Hour $60 Water Truck Hour $70 ortable Li ht Plant Hour $19 ui ment Trans arts Hour $90 icku Truck, unmanned Hour $14 elf-loadin Du Truck with Knuckieboom and debris ra le Hour $132 in ]e Axle Dum Tmck, 5 - 12 Cu. Yd. Hour $45 andem Dum Tmck, 16 - 20 Cu. Yd. Hour $63 railer Dum Truck, 24-40 Cu. Yd. Hour $72 railer Dum Truck, 41-60 Cu. Yd. Heur $90 railer Dum Truck, 61 - 80 Cu. Yd. Hour $ 110 owerScreen Hour $160 tackin Conve or Hour $35 Off RoadTmcks Hour $150 covs*~gmaaooo Ilona x~ro~ r~eoomg~u. m~. LABOR AND MATERIAL RATES Personnel Description Unit Unit Price Operations Manager Hour $60 Superintendent with truck,phone&radio Hour $54 Foreman with truck,phone&radio Hour $48 Safety/Quality Control Inspector with vehicle,phone&radio Hour $50 Inspector with vehicle,phone&radio Hour $32 Climber with gear Hour $90 Saw Hand with chainsaw Hour $32 Laborers&Flagmen Hour $28 Timekeeper Hour $35 HazMat Professional Hour $180 Household HazMat Inspection&Removal Crew Hour $110 Materials Description Unit Unit Price Fill Dirt for Stump Holes-Purchased,Placed,and Shaped CY $10 Note: The Equipment, labor and material rates shown above are for tasks requested by the City, which are not covered in the rates(per cubic yard)for normal debris removal and reduction. • • Copyrigha2000 Disaster Response Technologies,Inc. 2 Crowd erG u If Disaster Recovery & Debris Management 5435 Business Parkway Office: (800) 992-6207 Theodore,Alabama 36582 Fax: (251) 459-7433 3/19/08 Mr. Bill Eisen, City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 Dear Mr. Eisen: The City of Friendswood has informed us that the City Council has approved extending the Pre-Storm contract for debris services for one year as provided in section 3 .7 Contract Renewal . Attached are copies of the agenda and minutes of that meeting. We currently have the City of Pearland listed as part of the Mutual Agreement with the City of Friendswood. If you would like to continue this agreement through January 6, 2009, please either send CrowderGulf a letter confirming the continuation of the Mutual Agreement or sign and date this letter below and return to CrowderGulf in the addressed stamped envelope. CrowderGulf looks forward to working with you and the City of Pearland in the event our services are needed. Best rega-rs, , oh amsay J V(;18' City of Pearland Representative Date r p� ,l J a km e A .:nu IIJ \ 9 Np ` s*, r( r` ~� �� �OQ ; �':= :' Y. y Mayor c a S°'�, City • `" ^a'`' HAROLD L.WHI1:A R .4.9f�4--� � .Frie��dswood 1 F 1 it .kg of Couneilmembers t ` s: 1Oi i 4' Z: KITTEN BRIZENDINE 1 ice. 910 South Friendswood Drive• fERRYERICSSON Friendswood,Texas 77546-4856 TRACY GOZ.A KIM BRIZENDINE s '' : - (281) 996-3270 SHANNON KIMMEL • TEXAS.' Fax: (281) 482-1634 MEL i• Manager • RONALD E.COX j City Secretary 1 DELORIS McKENZIE,T.R.M.C. I i • December 7, 2002 CROWDER-GULF Attn: Joe Ramsay • C/G Director of Operations 5535 Business Parkway Theodore, Alabama 36582 Re: RFP 2002-12 Debris Management Proposals Dear Mr. Ramsay: Please be advised that Crowder-Gulf, has been awarded the Debris Management Proposal, RFP number 2002-12 at the City Council meeting on January 6,2002. Proper documents from the City will be forth coming. Thank you for taking the time to. submit your bid with the City of Friendswood. If we may be of assistance to you with this transition, please contact us. Sincerf' y, N "p"/e/e.-.- o is McKenzie, TRM City Secretary • 01/06/03 1968 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( . . • COUNTIES OF•GALVESTON/HARRIS )( . JANUARY 6, 2003 )( • MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY.000NCIL THAT WAS HELD ON MONDAY,JANUARY 6,2003,AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,910 S. FRIENDSWOOD DRIVE,FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR • HAROLD WHITAKER • • MAYOR PRO-TEM TRACY GOZA COUNCILMEMBER KITTEN BRIZENDINE COUNCILMEMBER JERRY ERICSSON COUNCILMEMBER ' KIM BRIZENDINE - ' COUNCILMEMBER ' SHANNON KIMMEL COUNCILMEMBER . MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Whitaker called the meeting to order. • The invocation was given by Pastor Ralph Hobratschk of Hope Lutheran Church. • Mayor Whitaker led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS • 'Mayor Whitaker and Mayor Pro-Tern Goza presented a.Pfoclamation and City pins to the Friendswood Colts honoring them as the"Super Bowl" Champions. The Friendswood Colts Coach introduced the coaches and players, who received a standing ovation. • Mayor Whitakerand Fire Marshal Terry Byrd made a special presentation to Lew Fincher in appreciation of his invaluable work in Emergency Management for the City of Friendswood. Fire,Marshal Terry Byrd presented Mr. Fincher with a letter and plaque honoring his work in Emergency Management, with his expertise in weather information and analysis,consultations that alerted and enabled the,City to stay abreast of hazardous situations as they developed and affected the City, and selfless dedication td the citizens of the City of Friendswood in times of-need. • Mayor Whitaker wished everyone a Happy New Year. Councilmember Measeles wished everyone a Happy New Year and a prosperous 2003. • Councilmember Kimmel extended condolences from his family to Tracy Goza's family on the death of Councilmember Goza's mother-in-law. , , Councilmember Kim Brizendine had no report. Councilmember Ericsson wished everyone a Happy New Year. • Councilmember Goza wished everyone a Happy New Year. Councilmember Kitten Brizendine had no announcements but welcomed everyone attending the Council meeting. - t i 01/06/03 1969 • COMMUNICATIONS FROM THE PUBLIC • • No one spoke. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Community and Economic Development Committee Chair Greg Crinion introduced Committee members and made a brief presentation on the overall goals of the committee for the year, as well as their most recent accomplishments and provided a written report to Council. CITY MANAGER'S REPORT The City Manager had no report. • RESOLUTIONS **Councilmember Kitten Brizendine moved to approve Resolution No. R2003-02-A Resolution of the City Council of the City of Friendswood, Texas, authorizing and approving the City's Hazard Assessment and Mitigation Plan. . Seconded by Councilmember Kim Brizendine. The motion was approved unanimously. • ORDINANCES **Councilmember Tracy Goza moved to approve the first reading of Ordinance No.T2003-01,an Ordinance \ imposing fees for responding to False Fire Alarms, amending the Code of Ordinance of the City of Friendswood,Texas, by striking all of Article V of Chapter 54 thereof and substituting therefore a new Article V; providing.rules and regulations governing the use and maintenance of fire alarm systems;providing for the imposition of fees for excessive false alarms;providing for definitions; providing for severability;and repealing all ordinances or parts of ordinances inconsistent herewith. Seconded by Councilmember Kitten Brizendine. The motion was approved unanimously. • **Councilmember Jerry Ericsson moved to approve the first reading of Ordinance No:T2003-02,an Ordinance granting a Specific Use Permit for,the Hope Lutheran Church of Friendswood, to authorize development and use of 8.136 acres located at 1804.South Friendswood Drive for Religious Organization purposes: First reading of an Ordinance of the City of Friendswood,Texas,granting a Specific Use Permit to Hope Lutheran Church for use of 8.136 acres of land located at 1804 South Friendswood Drive for religious organization purposes; imposing certain conditions and limitations as a condition of the granting of such Specific Use Permit; providing for the amendment of the Zoning District Map of the City as adopted by Ordinance No. 84- 15, as amended, same being the Zoning Ordinance of the City; containing other provisions relating to the subject; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof;and providing for severability. Seconded by Councilmember Kim Brizendine. The motion was approved unanimously. CONSENT AGENDA **Councilm.ember Mel Measeles moved to approve the Consent Agenda,as presented. A. Payment of Capital Projects Second Elevated Storage Tank with payment in the amount of $19,125.40 to La9dmark . Structures for construction'services. To date, 94 percent of the contract has been expended.__/Surface Water Pump Station with payment in the amount of$393,989.75 toiT&C Construction, LTD,for construction services. To date, 65 percent of the contract has been expended.C3'2002 Sidewalk Project with payment in the amount of $25,479.50 to Smith's Classic•Construction for construction services in the amount of $21,293.55 plus retainage in the amount of$4,185.95 with the total being$25,479.50. To date,100 percent of the contract has been expended. 4. Booster Pump Station Replacement with payment in the amount of $64,600.00 to T& C Construction, LTD, for construction services.' To date, 97 percent of the contract has • CI* 01/06103. 1970 been expended. Payment in the amount of$335.82 to,SCL Engineering for engineering services. To date,91 percent of the contract has been expended. 5• Blackhawk Ground Storage Tank with payment in the amount of$ $887.25 to SCL Engineering for engineering services. To date, 91 percent of the contract has been expended. 6.•Centennial Park Lighting with final payment in the amount of$12,345.00 to Liteco Electric,Inc., for change order#1 and retainage. 7. Longwood Park Water&•Sewer Study with payment in the amount of • $4,000.00 to SCL Engineering Services for preliminary engineering services. To date, 20 percent of the contract has been expended. Total payments were$520,762.72. B. Dispositions of Bids—1. RFP 2002-12: Debris Management Contract—to Crowder Gulf with no cost incurred unless it is officially activated. 2. Bid No. 2002-13: 2003 Water and Sewer Supplies—•to be split between National Waterworks in the amount of $14,908.17 and Hughes Supply, inc., in the amount of$867.60 for water and sewer supplies. C. Approve Resolution R2003-01, a Resolution of the City Council of the City of Friendswood, Texas, authorizing.the Police Department to use unmarked vehicles in order to facilitate police undercover work and other legitimate - functions of the Police Department. D. Approve Council Meeting Minutes of December 16, 2002. Seconded by Councilmember Kimmel. The motion was approved unanimously. A motion was made and approved to adjourn at 7:32 pm. • (1A--4-1-7-C . ayor Harold L. Whitaker Attest: • • iii2.. . Deloris McKenzie, TR VI --' ° •' City Secretary .