R-2015-117 2015-07-13RESOLUTION NO. R2015-117
A Resolution of the City Council of the City of Pearland, Texas,
awarding a bid for Emergency Debris Management Services to Ceres
Environmental Services, Inc. as the primary vendor and CrowderGulf,
LLC as the secondary vendor, for the period of August 1, 2015 through
July 31, 2016.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened unit supply bids for Emergency Debris
Management Services, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Ceres Environmental
Services, Inc. as the primary vendor and to CrowderGulf, LLC as the secondary vendor, in
the unit supply amounts reflected in Exhibit "A" attached hereto.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for the purchase of Emergency Debris Management Services.
PASSED, APPROVED and ADOPTED this the 13th day of July, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
`0f1I1111,,
•.<(Q'RL4N0'�.,
O:•
Resolution No. R2015-117
Exhibit "A"
TFR Enterprises
Ext. Cost
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$ 820,800
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Ext. Cost
$ 249,600I
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$ 91,800 I
Ext. Cost
$ 175,000I
$ 127,500
$ 60,000I
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Ext. Cost
$ 55,000
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$ 3,458,600 I
40
$ Per Cubic
yard
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DRC Emerg. Svcs
Ext. Cost
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Ext. Cost
$ 308,800
$ 218,000
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$ 107,200
Ext. Cost
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$ 54,300
$ 64,300
Ext. Cost
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$ 140,000I
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yard
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$ 5.43
m
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$ Per Stump
$ 200.00
$ 350.00
$ 450.00
TAG Grinding Svcs.
Ext. Cost
$ 1,400,000
$ 864,000
$ 74,500
$ 80,000
Ext. Cost
$ 290,000
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Ext. Cost
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$ 50,000
Ext. Cost
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$ 130,000I
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$ Per Cubic
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$ Per Cubic
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$ Per Cubic
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$ Per Stump
$ 225.00
$ 325.00
$ 425.00
CrowderGulf
Ext. Cost
$ 1,400,000
$ 900,000
$ 82,500
$ 90,000
Ext. Cost
$
280,000
00
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$ 145,000
$ 105,000
$
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Ext. Cost
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$ Per Cubic
yard
$ 7.00
$ 7.50
$ 8.25
$ 9.00
$ Per Cubic
yard
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$ Per Cubic
yard
$ 2.90
$ 3.50
$ 4.50
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$ Per Stump
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$ 200.00
Ceres Enviromental Services
Ext. Cost
$ 1,456,000
$ 921,600
$ 80,800
$ 84,800
Ext. Cost
$ 331,200
$ 212,000
$ 86,800
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Ext. Cost
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$ 42,500
$ 48,500
Ext. Cost
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$ 54,000
$ 48,000
0
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to
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$ Per Cubic
Yard
$ 7.28
$ 7.68
$ 8.08
$ 8.48
$ Per Cubic
Yard
00
N
00
V?
00 00
R tD
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V? ? V
$ 8.88
$ Per Cubic
Yard
$ 3.45
$ 3.65
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$ 4.85
$ Per Stump
0
0
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14
$ 135.00
0
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200,000
120,000
10,000
10,000
40,000
25,000
10,000
50,000
30,000
0
0
O
. -I
10,000
0
V1
400
0
M
f
W
F
ROW Vegetative Debris
Removal (Collect & Haul)
0 - 15 miles
15.1- 30 miles
30.1- 60 miles
60.1 + miles
ROW C&D Debris Removal
(Collect & Haul)
0 - 15 miles
15.1- 30 miles
30.1-60 miles
in
ci
Haul -out of Reduced Debris
to Final Disposal Site
0 - 15 miles
15.1- 30 miles
N
0!
E
0
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m
60.1 + miles
Removal of Eligible
Hazardous Stumps
Cost Evaluation Total
Total Points Available (40)
RFP 0315-31 PROPOSAL EVALUATION RECAP
AVERAGE
CROWDER GULF SCORE
Fee Schedule 36.5
Experience, Qualifications and Capacity 27.25
Technical Approach 17.5
Qualifications of Staff 8.75
90
CERES ENVIRONMENTAL SERVICES
Fee Schedule 32.75
Experience, Qualifications and Capacity 25
Technical Approach 18.25
Qualifications of Staff 9.5
85.5
TFR ENTERPRISES
Fee Schedule
Experience, Qualifications and Capacity
Technical Approach
Qualifications of Staff
32.75
22.5
16.5
7.5
79.25
DRC EMERGENCY SERVICES
Fee Schedule 28
Experience, Qualifications and Capacity 23.25
Technical Approach 15.75
Qualifications of Staff 7.75
74.75
TAG GRINDING SERVICES
Fee Schedule 27
Experience, Qualifications and Capacity 19.75
Technical Approach 14.75
Qualifications of Staff 6.75
68.25
CII Y OF PEARLAND PRICING WORKSHEET - EXHIbIT A
UNIT RATE PRICE FORM
H
0,
0
0
$ Per Hour:
$295.00
$ Per Ton
N-
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$97.52
$ Per Ton
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$ Per Cubic
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$ Per Cubic
Yard
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EST.
QUANTITY
No Qty.
Estimate
>- ›-1-
CJ U
200,000
120,000
000'01.
10,000
›-0
0 U
40,000
25,000
0
o
0
0
0
Ceres Environmental Seivices, Inc.
1. Emergency Road Clearance
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the clearing of eligible debris
from ROW and critical City of Pearland-owned infrastructure. Limited to 70 hours post -event unless extended by authorized
City of Pearland personnel.
2. ROW Vegetative Debris Removal (Collect & Haul)
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible vegetative debris on the ROW and City of Pearland-owned property to an approved DMS or other
designated disposal facility.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
3. ROW C&D Debris Removal (Collect & Haul)
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible C&D debris on the ROW and City of Pearland-owned property to an approved disposal facility.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
Q
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0
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UNIT RATE PRICE FORM
I-
N
0
U
$ Per Ton
135.47
oco
CD
O
,:t
63
$144.67
$149.27
$ Per Ton
O
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co
N
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N—
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$144.98
1-
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r
Cf3
$ Per Ton
0
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N—
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En.
$122.94
-t-
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$149.94
$ Per Cubic
Yard
00
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$12.18
CO
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CO
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$ Per Cubic
Yard
CO
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COQ)
0
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$13.18
$13.38
$ Per Cubic
Yard
't
Q)
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(3)
'i'
O
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$22.99
$24.99
EST.
QUANTITY
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4. Private Property Vegetative Debris Removal
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible vegetative debris on private property to an approved DMS or other designated disposal facility. Only
activated if authorized by FEMA.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
5. Private Property C&D Debris Removal
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible C&D debris on private property to an approved disposal facility. Only activated if authorized by
FEMA.
0 to 15 miles
E
o
M
O
Ln
30.1 to 60 miles
60.1 miles and over
6. Demolition, Removal, Transport, and Demolition of Eligible Non-RACM Structures
Work consists of all labor, equipment, fuel, and associated costs necessary to demolish, remove, transport, and dispose of
eligible non-RACM structures on private property.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
160.1 miles and over
Q
CO
0
❑
Q
CO
0
❑
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00
0
❑
UNIT RATE PRICE FORM
F_
0
U
$ Per Ton
$152.94
$158.94
$173.94
rn
co
E!3
$ Per Ton
$10.78
$ Per Ton
$18.75
$ Per Ton
$17.75
a o
6?
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tft Ca
$ Per Cubic
Yard
$25.49
0)
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CO
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$28.99
0)
0)
O
M
Efl
$ Per Cubic
Yard
$0.98
$ Per Cubic
Yard
$3.75
$ Per Cubic
Yard
$2.90
$ Per Cubic
Yard
$1.90
EST.
QUANTITY
a)
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No Qty.
Estimate
No Qty.
Estimate
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Ceres Environmental Services, Inc.
7. Demolition, Removal, Transport, and Demolition of Eligible RACM Structures
Work consists of all labor, equipment, fuel, and associated costs necessary to demolish, remove, transport, and dispose of
eligible RACM structures on private property.
0 to 15 miles
o
a)
E
0
M
O
N
30.1 to 60 miles
60.1 miles and over
8. DMS Management and Operations
Work consists of all labor, equipment, fuel, and associated costs necessary for the construction, management, operation
and remediation of DMS for acceptance, management, segregation, and staging of disaster related debris.
9. Reduction of Debris Through Grinding
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
grinding.
10. Reduction of Debris Through Air Curtain Incineration
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
air curtain incineration.
11. Reduction of Debris Through Open Burn
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
open burn.
a
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UNIT RATE PRICE FORM
I -
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0
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$ Per Ton
CO
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$ Per Cubic
Yard
LO
M
EA
LC)
CO
M
EA
U
N
EA
In
M
H}
$ Per Tree
CD
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Ea
O
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6
69.
$210.00
O
In
to
O
O
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69
$ Per Stump
O
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0
EA
$135.00
O
CO
EA
EST.
QUANTITY
H}
50,000
30,000
10,000
0 Q
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E
0U
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1-}
0U
500
400
300
Ceres Environmental Sevices, I.1c.
12. Haul -out of Reduced Debris to Final Disposal Site
Work consists of all labor, equipment, fuel, and associated costs necessary for loading and transporting reduced debris at
an approved DMS to a final disposal facility. Includes both residual ash from incineration or burn operations and residual
mulch from grinding operations.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
'13. Removal of Eligible Hazardous Leaning Trees and Hanging Limbs
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible
hazardous leaning or hanging limbs and placement of them on the ROW for haul -off.
6 inch to 12 inch diameter measured 4.5 feet above the ground I
13 inch to 24 inch diameter measured 4.5 feet above the ground
25 inch to 36 inch diameter measured 4.5 feet above the ground
37 inch to 48 inch diameter measured 4.5 feet above the ground
49 inch and larger diameter measured 4.5 feet above the ground
Hanger Removal (2" or greater at the break and price per Tree)
14. Removal of Eligible Hazardous Stumps
Work consists of all labor, equipment, backfill, fuel, traffic control and associated costs necessary for the removal of eligible
hazardous stumps and transportation to an approved DMS or other designated disposal facility.
24 inch to 36 inch diameter measured 24 inches above the ground
37 inch to 48 inch diameter measured 24 inches above the ground
49 inch and larger diameter measured 24 inches above the ground
Q
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0
0
Q
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0
0
w
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Q
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0
CITY OF PEARLAND PRICING WORKSHEET - EXHItsIT A
UNIT RATE PRICE FORM
H
0
0
$ Per Tree
O
EA
$100.00
$225.00
O
00
b4
p
O
Lc)
69
$117.00
$ Per Stump
O
O
ca
O
O
O
N
Ea
$235.00
$ Per Each
$45.00
$79.00
EST.
QUANTITY
A)
a E
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N
C7 E
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Zaj
Ceres Environmental Services, I lc.
15. Removal of Eligible Hazardous Leaning Trees and Hanging Limbs from Private Property
Work consists of all labor, equipment, fuel, and associated costs necessary for the removal of eligible hazardous leaning or
hanging limbs on private property and hauled under Line Item No. 4. Only activated if authorized by FEMA.
6 inch to 12 inch diameter measured 4.5 feet above the ground
13 inch to 24 inch diameter measured 4.5 feet above the ground
25 inch to 36 inch diameter measured 4.5 feet above the ground
37 inch to 48 inch diameter measured 4.5 feet above the ground
49 inch and larger diameter measured 4.5 feet above the ground
Hanger Removal (2" or greater at the break and price per Tree)
16. Removal of Eligible Hazardous Stumps from Private Property
Work consists of all labor, equipment, backfill, fuel, and associated costs necessary for the removal of eligible hazardous
stumps on private property and transportation to an approved DMS or other designated disposal facility. Only activated if
authorized by FEMA.
24 inch to 36 inch diameter measured 24 inches above the ground
37 inch to 48 inch diameter measured 24 inches above the ground
49 inch and larger diameter measured 24 inches above the ground
17. Removal of Eligible White Goods
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection of eligible white
goods, removal of refrigerants, transportation to an approved DMS, decontamination, and transportation to an approved final
disposal facility.
Without Freon recovery
With Freon recovery
Q
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W
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0
Q
CITY OF PEARLAND PRICING WORKSHEET - EXHIBIT A
UNIT RATE PRICE FORM
1-
co
0
0p
$ Per Ton
600.00
$ Per Ton
2400.00
$ Per Cubic
Yard
$75.00
$ Per Cubic
Yard
$60.00
$ Per Pound
$9.98
$ Per Linear
Foot
O
cm
Efi
$135.00
O
op
W-
$85.00 I
p
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EST.
QUANTITY
No Qty.
Estimate
No Qty.
Estimate
a)
0 E
ZL
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O Z' iE
Z W
Ceres Environmental Services, nc.
18. Removal of Refrigerator Contents/Non-Hazardous Waste
Work consists of collection, hauling and disposal of refrigerator contents, spoiled food, non -hazardous waste to an approved
DMS or other designated disposal facility.
19. Removal of Eligible Used Electronics
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection of eligible used
electronics and transportation to an approved final disposal facility.
20. Removal of Hazardous Household Waste
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible HHW
and transportation to an approved final disposal facility.
21. Removal of Abandoned Eligible Vessel
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible
abandoned vessels and transportation to an approved staging area.
Land-based removal of sunken vessels with keeled hulls
Marine -based removal of sunken vessels with keeled hulls
Abandoned vessels on ROW or public property with keeled hulls
Land-based removal of sunken vessels with flat or v -hulls
Marine -based removal of sunken vessels with flat or v -hulls
Abandoned vessels on ROW or public property with flat or v -hulls
Q
CO
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0
W
tL
UNIT RATE PRICE FORM
COST
$ Per Cubic $ Per Ton
Yard f
� f
L
N
(0
N
69
$28.75
$33.75
$38.75
S Per Each
0
0
M
0
o10
o
$ Per Pound
2.60
$ Per Each
28.00
$ Per Each
55.00
0
In
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0
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0
t!0
cor-
r-
0
10
r-
EST.
QUANTITY
No Qty.
Estimate
No Qty.
Estimate
No Qty.
Estimate
No Qty.
Estimate
CU
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Z wN
Ceres Environmental Services Inc.
22. Removal Abandoned Eligible Vehicle
Work consists of all labor, equipment. fuel, traffic control and associated costs necessary for the removal of eligible
abandoned vehicles and transport aticn to an approved staging area.
Removal of abandoned vehicles on ROW or public property
Operation of vehicle and vessel storage site each day
23. Removal and Disposal of Eligible Animal Carcass
Work consists of at labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible animal
carcasses and transportation to an approved final disposal facility.
24. Removal of Eligible Tires
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible tires and
transportation to an approved final disposal facility.
25. Removal of Eligible Gasoline Powered Tools
Work consists of at labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible gasoline
powered tools and transportation to an approved final disposal facility.
26. Removal of Silt and Mud
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible silt and mud on ROW and City of Pearland-owned property to an approved DMS or other
designated disposal facility.
NE
E
in
O
0
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
Q
CO
Q
03
U
0
CITY OF PEARLAND PRICING WORKSHEET - EXHIbIT A
UNIT RATE PRICE FORM
F-
V)
0
0
C
0
1..)4
a
Eft
CO
M
N
CO
COoO
O
N
26.00
In
N
CD
r-
L.0
I`
a0
$ Per Ton
145.60
$ Per Ton
145.60
$ Per Cubic
Yard
IO
r•-• n
VJ
10.75
VTI
V
O
L(^
W
9.50
$ Per Cubic
Yard
14.56
$ Per Cubic
Yard
14.56
EST.
QUANTITY
a)
d
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No Qty.
Estimate
. a)
d E
Z W
Ceres Environmental Services. Inc.
27. Collection, Staging and Screening of Sand
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal, staging and
screening of eligible sand deposited on ROW or City of Pearland-owned property and return of clean sand to location
designated by City of Pearland.
,Collection of sand, 0-10 miles
Collection of sand, 10 miles and over
Staging and screening of sand at Sand Staging Site J
Return of clean sand, 0-10 miles
Return of clean sand, 10 miles and over
28. Cradle to Grave: ROW Vegetative Debris
Work consists of ROW collection, reduction via grinding, DEBRIS MANAGEMENT operations haul -out, and final disposal
into a licensed, permitted disposal facility in accordance with local, state, and federal law. All final disposal facilities shall be
approved by the City Debris Manager.
29. Cradle to Grave: ROW C&D Debris
Work consists of ROW collection, compaction transportation, DEBRIS MANAGEMENT operations (if required), haul -out, (if
required), and final disposal into a licensed, permitted disposal facility in accordance with local, state, and federal law. All
final disposal facilities shall be approved by the City Debris Manager.
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Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the clearing and/or removal of debris
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pricing for equipment shall only be applied when requested by City and while operating.
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Vacuum Truck
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Flatbed Truck
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Seff Loading Truck with Debris Grapple, 25-60CYs
Self Loading Truck with Debris Grapple with Trailer, 65-120CYs
Single Axle Dump Truck 5-12CYs
Tandem Axle Dump Truck 16-20CYs
,Tandem Axle Dump Truck 21-30CYs
,Tandem Axle Dump Truck 31-50CYs
Tandem Axle Dump Truck 51-80CYs
Tandem Axle Dump Truck / Tractor Trailer Over 80CYs
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10kW Portable/Mobile Generator
20kW Portable/Mobile Generator
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60kW Portable/Mobile Generator
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150kW Portable/Mobile Generator
175kW Portable/Mobile Generator
200kW Generator
240kW Generator
320kW Generator
500kW Generator
640kW Generator
750kW Generator
1000kW Generator
1500kW Generator
2000kW Generator
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7. Demolition, Removal, Transport, and Demolition of Eligible RACM Structures
Work consists of all labor, equipment, fuel, and associated costs necessary to demolish, remove, transport, and dispose of
eligible RACM structures on private property.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles•
60.1 miles and over
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U. DMS Management and Operations
Work consists of all labor, equipment, fuel, and associated costs necessary for the construction, management, operation
and remediation of DMS for acceptance, management, segregation, and staging of disaster related debris.
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9. Reduction of Debris Through Grinding
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
grinding.
I
10. Reduction of Debris Through Air Curtain Incineration
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
air curtain incineration.
I
11. Reduction of Debris Through Open Burn
Work consists of all labor, equipment, fuel, and miscellaneous costs necessary to reduce disaster generated debris through
open burn.
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150.00
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200.00
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12. Haul -out of Reduced Debris to Final Disposal Site
Work consists of all labor, equipment, fuel, and associated costs necessary for loading and transporting reduced debris at
an approved DMS to a final disposal facility. Includes both residual ash from incineration or bum operations and residual
mulch from grinding operations.
10 to 15 miles
115lto3omules
130.1 to 60 miles
60.1 miles and over
13. Removal of Eligible Hazardous Leaning Trees and Hanging Limbs
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible
hazardous leaning or hanging limbs and placement of them on the ROW for haul -off.
6 inch to 12 inch diameter measured 4.5 feet above the ground
13 inch to 24 inch diameter measured 4.5 feet above the ground
25 inch to 36 inch diameter measured 4.5 feet above the ground
37 inch to 48 inch diameter measured 4.5 feet above the ground
49 inch and larger diameter measured 4.5 feet above the ground
Hanger Removal (2" or greater at the break and price per Tree) I
14. Removal of Eligible Hazardous Stumps
Work consists of all labor, equipment, backfill, fuel, traffic control and associated costs necessary for the removal of eligible
hazardous stumps and transportation to an approved DMS or other designated disposal facility.
1 A 124 inch to 36 inch diameter measured 24 inches above the ground
1 B 137 inch to 48 inch diameter measured 24 inches above the ground
C 49 inch and larger diameter measured 24 inches above the ground
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15. Removal of Eligible Hazardous Leaning Trees and Hanging Limbs from Private Property
Work consists of all labor, equipment, fuel, and associated costs necessary for the removal of eligible hazardous leaning or $ Per Tree
hanging limbs on private property and hauled under Line Item No. 4. Only activated if authorized by FEMA.
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6 inch to 12 inch diameter measured 4.5 feet above the ground
113 inch to 24 inch diameter measured 4.5 feet above the ground
125 inch to 36 inch diameter measured 4.5 feet above the ground
J37 inch to 48 inch diameter measured 4.5 feet above the ground
49 inch and larger diameter measured 4.5 feet above the ground
IF !Hanger Removal (2" or greater at the break and price per Tree)
ib. Kemoval of Eligible Hazardous Stumps from Private Property
Work consists of all labor, equipment, backfill, fuel, and associated costs necessary for the removal of eligible hazardous
stumps on private property and transportation to an approved DMS or other designated disposal facility. Only activated if
authorized by FEMA.
24 inch to 36 inch diameter measured 24 inches above the ground
37 inch to 48 inch diameter measured 24 inches above the ground
49 inch and larger diameter measured 24 inches above the ground
17. Removal of Eligible White Goods
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection of eligible white
goods, removal of refrigerants, transportation to an approved DMS, decontamination, and transportation to an approved final
disposal facility.
A 'Without Freon recovery
B With Freon recovery
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18. Removal of Refrigerator Contents/Non-Hazardous Waste $ Per Cubic $ Per Ton
Work consists of collection, hauling and disposal of refrigerator contents, spoiled food, non -hazardous waste to an approved No Qty. Yard
DMS or other designated disposal facility. Estimate 30.00 400.00
$ Per Ton
400.00
$ Per Cubic
Yard
30.00
$ Per Pound
4.00
$ Per Linear
Foot
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19. Removal of Eligible Used Electronics
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection of eligible used
electronics and transportation to an approved final disposal facility.
20. Removal of Hazardous Household Waste
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible HHW
and transportation to an approved final disposal facility.
21. Removal of Abandoned Eligible Vessel
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible
abandoned vessels and transportation to an approved staging area.
(Land-based removal of sunken vessels with keeled hulls
Marine -based removal of sunken vessels with keeled hulls
Abandoned vessels on ROW or public property with keeled hulls
Land-based removal of sunken vessels with flat or v -hulls
(Marine -based removal of sunken vessels with flat or v -hulls
Abandoned vessels on ROW or public property with flat or v -hulls
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22. Removal Abandoned Eligible Vehicle
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible
abandoned vehicles and transportation to an approved staging area.
Removal of abandoned vehicles on ROW or public property
Operation of vehicle and vessel storage site each day
23. Removal and Disposal of Eligible Animal Carcass
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible animal
carcasses and transportation to an approved final disposal facility.
24. Removal of Eligible Tires
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible tires and
transportation to an approved final disposal facility.
25. Removal of Eligible Gasoline Powered Tools
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal of eligible gasoline
powered tools and transportation to an approved final disposal facility.
26. Removal of Silt and Mud
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the collection and
transportation of eligible silt and mud on ROW and City of Pearland-owned property to an approved DMS or other
designated disposal facility.
0 to 15 miles
15.1 to 30 miles
30.1 to 60 miles
60.1 miles and over
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27. Collection, Staging and Screening of Sand
Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the removal, staging and
screening of eligible sand deposited on ROW or City of Pearland-owned property and return of clean sand to location
designated by City of Pearland.
Collection of sand, 0-10 miles
Collection of sand, 10 miles and over
Staging and screening of sand at Sand Staging Site
Return of clean sand, 0-10 miles
Return of clean sand, 10 miles and over
28. Cradle to Grave: ROW Vegetative Debris
Work consists of ROW collection, reduction via grinding, DEBRIS MANAGEMENT operations haul -out, and final disposal
into a licensed, permitted disposal facility in accordance with local, state, and federal law. All final disposal facilities shall be
approved by the City Debris Manager.
29. Cradle to Grave: ROW C&D Debris
Work consists of ROW collection, compaction transportation, DEBRIS MANAGEMENT operations (if required), haul -out, (if
required), and final disposal into a licensed, permitted disposal facility in accordance with local, state, and federal law. All
final disposal facilities shall be approved by the City Debris Manager.
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Work consists of all labor, equipment, fuel, traffic control and associated costs necessary for the clearing and/or removal of debris
and/or silt/mud accumulated or deposited on ROW or Authorized City -owned property. Line items should be priced by the hour, as
pricing for equipment shall only be applied when requested by City and while operating.
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JD 644 Wheel Loader with Debris Grapple or Bucket
Extendaboom Forklift with Debris Grapple
Skid Steer, 1,000Ib capacity
Skid Steer, 2,000Ib capacity
753 Bobcat Skid Steer Loader with Debris Grapple
,753 Bobcat Skid Steer Loader with Bucket
753 Bobcat Skid Steer Loader with Street Sweeper
2-2.5CYs Articulated Loader with Bucket
3-4CYs Articulated Loader with Bucket
CAT 730 Articulating End Dump or similar
CAT D3 Dozer
CAT D4 Dozer
CAT D5 Dozer
CAT D6 Dozer
CAT D7 Dozer
CAT D8 Dozer
CAT 125-140 Motor Grader
JD 690 Track Hoe with Debris Grapple
JD 690 Track Hoe with Bucket and Thumb
Rubber Tired Excavator with Debris Grapple
JD 310 Rubber Tired Excavator with Debris Grapple
Hydraulic Excavator, 1.5CYs
Hydraulic Excavator, 2.5CYs
210 Prentice Knuckleboom with Debris Grapple
CAT 623 Self Loader Scraper
Hand Fed Debris Chipper
128 1300-400 HP Grinder
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Fuel/Service Truck
Water Truck 2000 Gallon
Vacuum Truck
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Scissor Lift, Telescoping
Lowboy Trailer with Tractor
Flatbed Truck 1
Pick Up Truck (Unmanned)
!Self Loading Truck with Debris Grapple, 25-60CYs 1
Self Loading Truck with Debris Grapple with Trailer, 65-120CYs
Single Axle Dump Truck 5-12CYs
Tandem Axle Dump Truck 16-20CYs
Tandem Axle Dump Truck 21-30CYs
Tandem Axle Dump Truck 31-50CYs
Tandem Axle Dump Truck 51-80CYs
Tandem Axle Dump Truck / Tractor Trailer Over 80CYs
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10kW Portable/Mobile Generator
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40kW Portable/Mobile Generator
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100kW Portable/Mobile Generator
120kW Portable/Mobile Generator
150kW Portable/Mobile Generator
175kW Portable/Mobile Generator
200kW Generator
240kW Generator
320kW Generator
500kW Generator
640kW Generator
750kW Generator
1000kW Generator
1500kW Generator
2000kW Generator
2250kW Generator
Pump, 95HP (minimum 25' intake and 200' discharge)
'Pump, 200HP (minimum 25' intake and 200' discharge)
Pump, 650HP (minimum 25' intake and 200' discharge)
Temporary Office Trailer
Response Trailer 20'
Response Trailer 36'
Mobile Command Center
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Resolution No. R2015-117
Exhibit "A"
Contract for Debris Management cervices
THIS CONTRACT is made this the 31St day of July, 2015, by and between Ceres
Environmental services, Inc (herein referred to as "Contractor") and the City of Pearland a
political subdivision of the State of Texas (herein referred to as "City").
RECITALS
WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient
removal of storm debris within the corporate limits of City plus recovery Technical Assistance to
the appointed and elected officials resulting from a future storm or manmade event; and
WHEREAS, the City has in the past suffered the full force and effects of major storms and the
resulting destruction brought upon City by such storms 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 and its citizens is a major concern
and the primary priority for recovery; and
WHEREAS, the availability of experienced prime storm debris contractors may be severely
limited; and
WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to
perform all storm related debris services; and
WHEREAS, the City and the Contractor have agreed to the Scope of Services, prices, terms
and conditions as set out in this Contract; and
THEREFORE, in considerations acknowledged by both parties, said parties do agree to the
following stipulations and conditions.
1.0 SERVICES
1.1
Scope of Contracted Services:
Upon notification by authorized city personnel, the Contractor shall provide all
expertise, personnel, tools, materials, equipment, transportation, supervision and all
other services and facilities of any nature necessary 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 this Contract. Emergency push, debris removal and
demolition of structures will be limited to: 1) That which is determined 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, as determined by the Emergency Management Director or Emergency
Management Coordinator, or designee
1
These contracted services shall provide for the cost effective and efficient removal
and lawful disposal of debris accumulated on all public, residential and commercial
properties, streets, roads, other rights-of-way and public school properties, including
any other locally owned facility or site as may be directed by the City. Contracted
services will only be performed when requested and as designated by authorized
personnel of the City.
The Contractor shall load 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 hours
after an event and will be billed on a time and material basis. 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 City. The Contractor shall use reasonable care not to damage any City 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.
1.4 Right -of -Entry (ROE) Removal (if implemented by the City):
The Contractor will remove ROE debris from private property with due diligence, as
directed by the City. The Contractor also agrees to make reasonable efforts to save
from destruction 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 implemented by the City):
The Contractor will remove structures 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 set out in Section 1.1 of this Contract.
1.6 Private Property Waivers:
The City will secure all necessary permissions, waivers and Right -of -Entry
Agreements from property owners as prescribed by the Government 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
2
the form of guidance and consultation. If we have to hire a consulting firm, which will
be approved by the city, then we will pass through the charges to the City.
2.0 PERFORMANCE OF SERVICES
2.1 Description of Service:
The Contractor agrees to perform the contracted services in a professional and
workmanlike manner and in compliance with all applicable laws, ordinances, rules,
regulations and permits. Only the highest quality workmanship will be acceptable.
Services, equipment and workmanship not conforming to the Contract documents or
meeting the approval of the City may be rejected. Replacements and/or rework, as
required, will be accomplished at no additional cost to the City.
2.2 Cost of Services:
The Contractor shall bear the costs of performing 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. Landfill
tipping fees shall be paid by the contractor and invoiced at cost to the City as a pass-
through cost.
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
insurance and agree to be bound by all 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.
Contractor shall require all subcontractors to carry same and name City as
additional insured.
2.3.4 Worker's Compensation:
• Coverage per City requirements.
3
2.3.5 Automobile Liability:
• Coverage per City requirements.
2.3.6 Comprehensive General Liability:
• Coverage per City requirements.
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 STANDARDS OF PERFORMANCE
3.1 Contractor Representative:
The Contractor shall have a knowledgeable and responsible Representative report to
the City's designated Contract Representative within 24 hours following the
activation 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 necessary 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 Payment and Performance Bonds: Contractor shall provide payment and
performance bonds within 48 hours of contract activation and shall be on file with the
city prior to beginning work.
3.4 Time to Complete:
The Contractor shall complete all directed work as set out in Section 1.0 of this
Contract within (number of days will be determined once extent of damage has been
determined) working days and in accordance with Section 5.8 of this Contract.
3.5 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, as determined by the City.
3.5.1 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, 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 and the Contractor for reasons of additional time, additional
services and/or additional areas of work.
3.6 Term of Contract:
4
The term of the Contract shall be for five (5) consecutive years beginning on the date
of acceptance by and signatures of the City and Contractor, whichever comes later.
3.7 Contract Renewal:
This Contract may be renewed for an additional five years after a written
concurrence of both parties on any negotiated changes to the terms and
specifications contained in this Contract. Section 7.0 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 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 at any time by giving forty-eight hours (48) written
notice from either party and delivered to the other party, as set out in Section 8.1 of
this Contract, or immediately if proof of insurance is not provided and maintained.
4.0 GENERAL RESPONSIBILITIES
4.1 Other Agreements:
The City 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 Obligations:
The City shall furnish all 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 and all
Contractor's equipment. The Contractor is solely responsible for the means,
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
5
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 and executing the method and manner 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 shall 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
standard measurement form certifying actual physical measurements of each piece
of equipment shall be an attachment to the certified report(s) submitted to the City.
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5.5 Vehicle Information:
The maximum load capacity of each hauling vehicle will be rounded to the nearest
whole cubic yard (CY). (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 Control:
The Contractor shall mitigate impact on local traffic conditions to all extents possible.
The Contractor is responsible for establishing and maintaining 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 or burning
operations may be conducted from 24 hours a day, 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 Hazardous and Industrial Materials Cleanup and
Disposal Plan. The Contractor will build, operate and maintain a Hazardous Waste
and Industrial Material Storage area until proper disposal of such waste is feasible.
The Contractor may use the subcontracting services of a firm 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
Stump Conversion Table — Diameter to Volume Capacity.
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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
similar 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 all work sites and disposal areas. In addition, authorized representatives
and agents of the Government 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 governmental
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 station(s). These tickets shall be used as the basis of any
electronic generated billing and/or 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 number 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 may be required to completely describe the daily conduct
of the Contractor's operations.
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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 prepare 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 reimbursement
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 all 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 See the City of Pearland RFP Pricing Sheet attached
7.2 Billing Cycle:
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.
7.3 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 15 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.
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7.4 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.
7.4.1 Eligibility Inspections:
The Contractor and City will inspect each load to verify the contents are in
accordance with the accepted definition of eligible debris, as set out in
Section 1.1 of this Contract.
7.4.2 Eligibility Determinations:
If any load is determined to contain material that does not conform to the
definition of eligible debris, the Toad 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.
7.5 Unit Price/Service Negotiations:
Unknown and/or unforeseen events or conditions may require an adjustment to the
stated unit prices in Section 7 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.
7.6 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:
Contractor:
City:
Ceres Environmental Inc.
9945 Windfern Road
Houston, Texas 77064
The City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
8.2 Applicable Law:
The laws of the State of Texas shall govern this Contract. Venue for any dispute
arising from the performance of this contract shall lie in Brazoria County or Harris
County.
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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 supersedes 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 7.5 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 cannot 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 name by persons authorized to execute said Contract as of the day and year first written
above on page one.
EXECUTED effective as of the 31st day of July, 2015
City of Pearl . nd — City Hall
G ,7/
By: By:
Ceres Environmental Inc. C
Printed Name
ATTEST:
By:
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City M . ager
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