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R-2016-122 2016-07-11RESOLUTION NO. R2016-122 A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply bid for the purchase of Debris Management Services to Ceres Environmental (Primary Contractor), and CrowderGulf, LLC (Secondary Contractor), for the period of August 1, 2016 to July 31, 2017. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously awarded bids for Debris Management Services. Section 2. That the City Council hereby awards bids to Ceres Environmental Services, Inc. (Primary Contractor) and CrowderGulf, LLC (Secondary Contractor), for Debris Management Services. Section 3. The City Manager or his designee is hereby authorized to execute contracts for Debris Management Services. PASSED, APPROVED and ADOPTED this the 11th day of July, A.D., 2016. ATTEST: Y UNG R NG, T C� Y SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR `0%11111,,, __: Contract for Debris Management Services THIS CONTRACT is made this the 3151 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, (Le., 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 anti 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: e Coverage per City requirements. 3 2.3.5 Automobile Liability: • Coverage per City requirements. 2.3.6 Comprehensive General Liability: e 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. 6 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. 7 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. 8 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 Cityanci/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 he 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 sturnps 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. 9 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 Toad 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 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. 7.5 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. 10 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 31 s' day of July, 2015 City of Pear By: By: Ceres Environmental Inc. L) 1J,d / rUf Printed Name ATTEST: By: .Gw•�--1 11 I . y Pears City Man ATTEST: C_r (q ngLo i d;1'RM 9(ty Sec si ary n er Gl.