HomeMy WebLinkAboutC2023-032 - 2/28/2023 - Approved DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
113S c
SERVICE AGREEMENT NO. 4403
DISASTER DEBRIS CLEARING, REMOVAL AND DISPOSAL
f�'anwo�alev
1852 SERVICES
THIS Disaster Debris Clearing, Removal and Disposal Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and TFR Enterprises, Inc. ("Contractor'), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Disaster Debris Clearing, Removal and
Disposal Services in response to Request for Bid/Proposal No. 4403 ("RFB/RFP"), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor's bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Disaster Debris Clearing, Removal and Disposal
Services ("Services") in accordance with the attached Scope of Work, as shown
in Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is three years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to two additional one-year periods ("Option Period(s)"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
Service Agreement Standard Form - Federal Funding Page 1 of 8
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
3. Compensation and Payment. This Agreement is for an amount not to exceed
$363,543,840.00, subject to approved extensions and changes. Payment will be
made for Services performed and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City's discretion, be allocated for use in the next Option
Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Gabriel Maldonado
Department: Solid Waste Operations
Phone: 361-826-1986
Email: GabrielM3@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
Service Agreement Standard Form - Federal Funding Page 2 of 8
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
Service Agreement Standard Form - Federal Funding Page 3 of 8
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Gabriel Maldonado
Title: Contract/Funds Administrator
Address: 2525 Hygeia St. Corpus Christi, Texas 78415
Phone: 361-826-1986
Fax: 361-826-1971
IF TO CONTRACTOR:
TFR Enterprises, Inc.
Service Agreement Standard Form - Federal Funding Page 4 of 8
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Attn: Tiffany Jean
Title: Contract Manager
Address: 601 Leander Drive, Leander, Texas 78641
Phone: 512-260-3322
Fax: 512-528-1942
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City may terminate this Agreement for
Contractor's failure to comply with any of the terms of this Agreement. The City
must give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days advance written notice to the
Contractor. The City may also terminate this Agreement upon 24 hours written
notice to the Contractor for failure to pay or provide proof of payment of taxes as
set out in this Agreement. In the event of termination for convenience, the
Service Agreement Standard Form - Federal Funding Page 5 of 8
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Contractor will be compensated for all Services performed prior to the date of
termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
Service Agreement Standard Form - Federal Funding Page 6 of 8
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
28. Federal Funding Requirements. This project is subject to requirements provided for
by relevant federal agencies. A set of Federal Requirements has been attached
as Attachment E, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety. The Contractor must comply with
Attachment E while performing the Services. The Contractor will insert in any
subcontracts all Federal Provisions/Requirements contained in the Agreement,
such other clauses as FEMA, the FAA, or their designees may by appropriate
instructions require and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses.
[Signature Page Follows]
Service Agreement Standard Form - Federal Funding Page 7 of 8
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
CONTRACTGR,
uSignedby:
-Y6vu r. riwL4,jAJ
Signature-
Printed Name. Tipton F. Rowland
Title- CEO M2023-030
1/23/2023 Authorized By
Date:
2-28-2023
Council
C LnPS CHRISTI
Er;/s
15
Josh Chronley ATTUTS
Assistant Director of Finance — Procurement ocuigned6y
Date: 3/2/2023
Rebecca Huerta
APPpRQVeF�D AS TO LEGAL FORM City Secretary
A04 nuvujl� 2/28/2023
Assistantity Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit l : RFB/RFP No. 4403
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form - Federal Funding Page 8 of 8
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
ATTACHMENT A - SCOPE OF WORK
General Requirements/Background Information
A. The Contractor shall handle the clearing, removal, and properly
disposing of debris as well as the collection, characterization,
packaging, transportation, and disposal of Hazardous, Toxic or
Radiological Waste (HTRW) after a storm or other disaster event. The
Contractor will conduct the above mentioned work in accordance
with all applicable Federal, State and local regulations, which may
include the Federal Emergency Management Agency (FEMA), Federal
Highway Administration (FHWA), Texas Department of Transportation
(TxDOT), Texas Department of Health (TDH), Natural Resources
Conservation Services (NRCS), Historical Preservation Office (SHPO),
and the Texas Commission on Environmental Quality (TCEQ) or other
regulations as determined by the City.
B. The Contractor may utilize both local and non-local resources to carry
out the debris removal and disposal and HTRW work. The Contractor
must have the capacity to manage a major workforce and to cover
the expenses associated with a major recovery operation prior to the
initial City payment and before subsequent payments, as well as the
capacity to provide the necessary insurance, equipment, personnel,
comprehensive Hazardous, Toxic or Radiological Waste (HTRW)
operation plans, and demonstrable experience in major disaster
recovery projects. The Contractor must also have established
management teams, an established network of resources to provide
the necessary equipment, personnel, comprehensive debris removal
and volume reduction operations plans, and demonstrable experience
in major disaster recovery projects.
C. The City reserves the right to award additional contracts if, in the
judgment of the City's Solid Waste Director, additional capacity is
needed due to the amount of work to be performed, volume of debris,
quantity of HTRW, time requirements, or rate of progress. If additional
contracts are awarded, the Contractor will be notified. The Contractor
will be informed which Temporary Debris Staging and Reduction (TDSR)
sites are to be used. If necessary, the City will establish additional TDSR
sites. In addition, the City reserves the right of automatic assignability
of work to other Contractors if the primary Contractor is unable to
perform the services required by this contract.
D. This contract will be activated only in the face of a storm related
emergency at the discretion of the City. As such, no compensation will
accrue to the Contractor unless and until the contract is activated
either in anticipation of a natural or man- made disaster or immediately
after such disaster.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
E. The contract is for a three-year term with two additional two-year
extensions and recertification of Contractor capabilities and a five
percent price increase adjustment after each extension.
F. The Contractor is required to participate in annual City-directed disaster
recovery training and/or exercises. The contract shall provide training to
project approach, which includes tasks in each of the phases: initiation,
mobilization, execution, and closeout. Annual disaster training shall be
conducted each year on the month of May.
Scope of Work
A. The Contractor shall provide storm/disaster debris clearing, removal,
and disposal services; Hazardous, Toxic or Radiological Waste (HTRW)
included. The source of debris is limited to areas within the city limits of
Corpus Christi. Exhibit A, "Debris Management Zones/City Maps",
defines the City limits. Any revisions to the City's limits will apply.
B. The Contractor will serve as a general Contractor for the purpose of
debris clearing, removal, and disposal operations. The Contractor will
use resources to meet the obligations of the contract.
C. To facilitate management of the debris clearance, removal and
disposal operations, the City has been divided into seven Debris
Management Zones 1 through 7. (See Exhibit A). When a major
disaster occurs or is imminent, the City's Solid Waste Director will contact
the Contractor and inform him/her of the City's intent to activate the
contract for debris clearance, removal, and disposal.
D. The Contractor will send a management team to the City within 24
hours of receiving a Notice to Proceed to begin planning for the
operations and mobilizing the personnel and equipment as necessary
to perform the work. The general concept of debris removal operations
includes multiple, scheduled passes of each site, location, or right-of-
way directed by the City's Solid Waste Director. This will allow citizens
to return to their properties and bring debris to the rights-of-way as
recovery progresses. The City will prescribe the specific procedures to
be used after ascertaining the scope and nature of the disaster's
impacts.
E. Debris removal will be limited to eligible debris in, upon, or brought to
City streets and roads, rights-of-way, municipal properties and facilities,
and other public sites. The Contractor will be responsible for
determining the method and manner of all debris clearance, removal,
and lawful disposal operations consistent with Local, State and Federal
regulations. Disposal of debris maybe at any lawful site selected by the
City or at City-designated TDSR sites. The Contractor shall be
responsible for the lawful final disposal of all debris and debris reduction
by-products deposited at the TDSR site.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
F. The City has two pre-designated TDSR sites for the sole purpose of the
temporary storage and reduction of clean woody debris and
construction and demolition (C&D) materials. No other debris
management operations will be allowed on these sites. The Contractor
will operate the TDSR sites, and only City vehicles, Contractor vehicles,
and others specifically authorized by the City will be allowed to use the
sites.
G. The City may also establish homeowner drop-off sites for debris. The
Contractor will be responsible for removing all debris from those sites
daily and transporting it to a TDSR site or authorized landfill.
H. This project is divided into four stages:
• Stage 1 - Emergency Roadway Debris Clearing,
• Stage 2 - Public Rights-of-Way Debris Removal,
• Stage 3 - Temporary Debris Staging and Reduction (TDSR) Site
Operation and Debris Disposal
• Stage 4 - Hazardous, Toxic or Radiological Waste (HTRW) Disposal
Planning & Management.
Stage 1 will be performed on a time and materials basis, and Stages 2, 3
and 4 are to be performed on a unit price basis.
Stage 1: Emergency Roadway Debris Clearinq
Stage 1 consist of clearing roadway debris to the side of the road to open key
access routes into devastated areas and allow for the movement of emergency
vehicles, law enforcement, resumption of critical services, and damage
assessment of critical public facilities and utilities.
A. At least one lane must be cleared on each arterial, major, and
secondary road after the storm/disaster event has subsided within
the specified timeframe.
B. First Clearing Priorities are to provide ingress and egress to/from the
following facilities:
1 . Police Department
2. Fire Stations
3. Corpus Christi International Airport
4. Hospitals
C. Secondary Clearing Priorities are to provide ingress and egress
to/from the following facilities:
1 . City Hall
2. City Service Center
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
3. County Courthouse
4. Maintenance Services
5. Water Filtration Plants
6. Wastewater/Sewage Treatment Plants
7. Other Facilities so designated by the City's Solid Waste Director
D. Clearing is required at each facility listed above, as well as the
roadways leading to the facility to clear connecting roadways and
provide access from arterial roadways. Specific facilities are listed
under Exhibit C, "Clearing Priorities".
E. Clearing priorities above may be adjusted by the City's Solid Waste
Director at any time during recovery operations.
F. Clearing Operations must commence as soon as possible after the
storm/disaster event has subsided, but no later than 12 hours from the
time the Notice to Proceed is issued by the City's Solid Waste Director.
The duration of the clearing operations will be limited to a total of 70
hours. The Contractor must provide sufficient equipment and labor to
accomplish clearing of first priority sites within 24 hours and secondary
priority sites within 36 hours and all other sites within 70 hours of receiving
the Notice to Proceed.
G. Stage 1 Clearing will be limited to no more than 70 hours under the Time
and Materials portion of this contract. Stage 1 Clearing operations will
not continue unless specifically approved in writing by the City's Solid
Waste Director. The City's Solid Waste Director reserves the right to
discontinue the clearing operations as he deems necessary. Extension
of the clearing operations past the 70 hours must be approved in writing
by the City's Solid Waste Director.
Stacie 2: Public Riahts-of-Way Debris Removal
Stage 2 consists of the removal and transport of eligible disaster-generated
debris from designated street or highway rights-of-way or public property to a
designated Temporary Debris Staging and Reduction (TDSR) site or approved
landfill. The Contractor shall be familiar with FEMA Publication 325 Debris
Management Guide which is specifically dedicated to the rules, regulations, and
policies associated with the debris removal process including hazardous leaning
trees, hanging limbs and hazardous stumps, etc.
A. The Department of Solid Waste Services has selected a Category 4
wet hurricane as the planning standard for the City. The debris
volume anticipated from such a storm impacting the entire city with
equal intensity is approximately 7 to 9 million cubic yards. This
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
estimated debris volume is a planning figure and is not a fixed
quantity for the purpose of contractual obligations. The actual
volume of debris may be greater than or less than 7 to 9 million cubic
yards. For the purpose of this request for proposal and solely for the
purpose of standardizing the contents of all submittals and
evaluation purposes, the Contractor shall use a planning figure of 7
million cubic yards of debris as the initial volume estimate for post-
disaster debris. Contractor pricing will be submitted for various
volumes of debris to include pricing for small storms that may require
up to 200,000 cubic yards of debris removal, from 200,001 to
3,999,999 cubic yards of debris removal, 4,000,000 to 9,000,000 (7
million average) cubic yards of debris removal. Contractor must
meet a daily minimum requirement of 10,000 cubic yards of debris
removal.
B. The City has two pre-designated TDSR sites for the sole purpose of the
temporary storage and reduction of clean woody debris and
construction and demolition (C&D) materials. (See Exhibit B and D).
No other debris management operations will be allowed on these
sites. The Contractor will operate the TDSR sites, and only City
vehicles, Contractor vehicles, and others specifically authorized by
the City will be allowed to use the sites.
C. The City may also establish homeowner drop-off sites for debris. The
Contractor will be responsible for removing all debris from those sites
daily and transporting it to a TDSR site or authorized landfill.
D. The City's Solid Waste Director reserves the right to increase or
decrease the scope of the removal activity as he/she deems
necessary to ensure effective management of the overall debris
removal/disposal operations.
E. At the City's Solid Waste Director option, the scope of work for Stage 2,
Removal, may be expanded to include public parks, other recreational
areas, drainage structures and channels, and reservoirs.
F. The debris removal process must be initiated promptly and
conducted in an orderly, effective manner in order to protect public
health and safety following a major storm disaster or catastrophic
event.
G. The Contractor must begin debris removal operations within 24 hours
of receiving the Notice-to-Proceed and be underway in all zones
within 5 days. Schedules for all other roads/streets will be determined
in concert with the City's Solid Waste Director. These operations are
to be fully integrated with the TDSR site operations.
H. Removal may begin earlier and, if approved by the City's Solid
Waste Director, may be combined with Rights-of-Way clearing
operations, provided the equipment so used will be billed on a unit
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
cost basis rather than on a time and materials basis.
I. In general, but not exclusively, this stage consists of curbside debris
removal on City property only. Types of debris materials include, but
are not limited to, trees, woody debris, brush, sand, gravel, building
wreckage, construction, and demolition (C&D), personal property,
and household furnishings deposited at the curb. Exhibit D, "Debris
Classification", describes the types of debris that may be
encountered.
J. Debris removal will be limited to eligible debris in, upon, or brought to
City streets and roads, rights-of-way, municipal properties and
facilities, and other public sites. The Contractor will be responsible
for determining the method and manner of all debris clearance,
removal, and lawful disposal operations consistent with Local, State
and Federal regulations. Disposal of debris may be at any lawful
site selected by the City or at City-designated TDSR sites. The
Contractor will be responsible for the lawful final disposal of all debris
and debris reduction by-products deposited at the TDSR site.
K. Rights-of-Way White Goods Debris Removal - White goods
containing refrigerants must first have such refrigerants removed by
the Contractors qualified technicians prior to mechanical loading.
White goods can be collected without first having refrigerants
removed if the white goods are manually placed into a hauling
vehicle with lifting equipment so that the elements containing
refrigerants are not damaged. The removal, transportation and
disposal of white goods includes obtaining all necessary Local,
State, and Federal Hauling Permits and operating in accordance
with all Local, State, and Federal regulatory agencies.
L. Used Electronics - The Contractor shall recycle or dispose of all
eligible used electronics in accordance with all Local, State, and
Federal Regulations.
M. Carcass Removal and Disposal - Work shall consist of all labor,
equipment, fuel, traffic control costs, and other associated cost
necessary for the removal, transportation, and lawful disposal of
dead animals in areas identified and approved by the City to an
approved final disposal site. The carcasses will be hauled to the
City's approved staging area and subsequently disposed of by the
appropriate regulatory agency. The Contractor will coordinate
activities with the appropriate Local animal control agency. The
removal, transportation and disposal of animal carcasses includes
obtaining all necessary Local, State, and Federal Hauling Permits
and operating in accordance with all Local, State, and Federal
regulations.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
N. Working Hours: Unless otherwise permitted by the City's Solid Waste
Director, working hours for removal operations shall be limited to
daylight hours. The Contractor is responsible for coordinating with the
City's Solid Waste Director in the event weather conditions delay or
modify the proposed daily schedule.
Stage 3: TDSR Site Operation/Debris Disposal
Stage 3 consists of debris segregation, volume reduction, and final disposal. The
Contractor may sell the mulch, ash, metals, and other materials but must propose
a revenue share to be split with the City. All residual debris must be removed
from the site and disposed of at a city approved landfill at Contractor's expense.
General Description
A. Work under this section also involves the preparation, operation, and
closure of Temporary Debris Staging and Reduction (TDSR) sites
designated by the City's Solid Waste Director.
B. Three TDSR sites are designated by the City's Solid Waste Director.
Exhibit B, "Location and Status of TDSR Sites and Landfills," identifies
the location and particulars of each site. Exhibit A, "City
Map/Removal Zones," proportions the City into sectors and assigns
each of them to the nearest TDSR site.
C. At each TDSR site, the Contractor must be fully prepared to:
1 . Accept materials collected during debris removal operations.
2. Segregate materials into waste streams that can either be
recycled, picked up by other Contractor forces (as in the case of
HAZMAT waste), treated in a common manner (i.e., mechanical
reduction) or taken to a common disposal point such as a City
approved landfill.
3. Reduce materials through mechanical reduction (chipping,
grinding), incineration (if specifically authorized by the City's Solid
Waste Director or his representative), recycling on site or post-
collection resale for recycling or other purposes.
4. Conduct on-site air curtain burning of certain materials as may
be directed by the City's Solid Waste Director. Contractor should
identify equipment and operator resources; however, no burning
may take place without specific direction from the City's Solid
Waste Director.
5. Dispose of segregated or reduced debris through resale of
materials or deposition of processing wastes in a properly City
approved, permitted landfill or other approved disposal site.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
D. A representative of the Contractor who will operate the TDSR site
must participate in the City's annual hurricane exercise as described
in Exhibit A at no cost to the City.
E. In order to expedite the implementation of TDSR site operations, the
Contractor must provide personnel on-site prior to a projected
hurricane/disaster event to carry out any activities necessary to
assure that the TDSR sites will be ready when needed. Actual
preparation of the TDSR sites must begin within 24 hours of receipt of
the Notice-to Proceed and the sites must be fully operational not
more than 5 days thereafter.
F. The Contractor must, upon entering each site designated as a TDSR
site, photo- document the site conditions using both a video camera
and still photographs. The Contractor should keep one copy of the
videotape and photographs for their records. The Contractor must
provide one copy of the videotape and the still photographs to the
City's Solid Waste Director.
G. The City has selected TDSR sites that are generally free of significant
environmental constraints. Additionally, it has coordinated the TDSR
site selection with the Texas Commission on Environmental Quality
(TCEQ) on issues concerning air, water, and solid hazardous waste.
If the contractor chooses to utilize Air Curtain Burner operations, the
contractor will be required to obtain any and all necessary permits
for these types of operations.
H. The Contractor must be aware of, and abide by, the conditions of
any permits under which he/she must operate the site. The
Contractor is responsible for knowing the applicability and
requirements of all applicable environmental laws and regulations
that could pertain to the operation of TDSR sites.
I. The Contractor shall be responsible for paying any and all costs
associated with violations of law or regulation relative to his/her
activities. Such costs might include but are not limited to: site
cleanup and/or remediation; fines, administrative or civil penalties;
third party claims imposed on the City by any regulatory agency or
by any third party as a result of noncompliance with Federal, State,
or Local environmental laws and regulations or nuisance statutes by
Contractor, his/her Subcontractors, or any other persons,
corporations or legal entities retained by the Contractor under this
contract.
J. Meetings: The Contractor must attend any and all meetings
required by the City's Solid Waste Director to evaluate the
operations of the TDSR sites.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
K. Quality Assurance: The work will be closely monitored by City
monitors and/or designated representatives of FEMA. The
Contractor shall cooperate with all monitors.
City Responsibilities
A. The City will implement a program of public information designed to
assist the Contractor. The program will inform the public of the need
to separate and place Hazardous, Toxic or Radiological Waste
(HTRW) at curbside or drop off locations. The City will coordinate the
public information program with the Contractor to facilitate the
efficient segregation, marking, placement, and pick-up of the
material to the maximum extend practical.
B. The City will, at its sole discretion, designate TDSR sites for
development and operation by the Contractor.
C. Access: The City will provide access and authorization to the
Contractor to operate on any or all of the designated TDSR sites
including all information in its possession regarding these sites that is
necessary for the successful operation of TDSR sites.
D. Permits and Approvals: The Contractorwill secure and provide proof
of to the City the necessary permits from the TCEQ and appropriate
Federal agencies for the operation of all TDSR sites. The City will
waive or provide all local permits and approvals for the operation of
the TDSR sites.
E. Services Not Provided: The City will not provide the Contractor with
potable water, sewage treatment, fuel, electricity, or other
personnel, materials or equipment deemed necessary to operate
the TDSR sites.
TDSR Site Preparation
A. Site Setup: Unless specifically directed otherwise by the City's Solid
Waste Director, site setup must commence as soon as possible after
the hurricane/disaster event has subsided, but no later than 24 hours
from the time that the Notice-to-Proceed is issued by the City's Solid
Waste Director. All TDSR sites must be fully operational within 5 days
of the Notice-to- Proceed.
B. Site Plan: The Contractor will provide a site operations plan for
review and approval by the City's Solid Waste Director prior to
beginning work.
C. At a minimum, the plan will address the following:
1 . Access to site
2. Site management, to include point-of-contact, organizational
chart, etc.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
3. Traffic control procedures
4. Site security
5. Site safety
6. Site layout/segregation plan
7. Hazardous materials staging plan
8. Environmental mitigation plan, including considerations for
smoke, dust, noise, traffic, buffer zones, and storm water runoff
as appropriate.
D. Site Preparation: The Contractorshall be responsible for preparing the
site(s) to accept debris. This preparation shall include clearing,
erosion control, grading, and construction and maintenance of haul
roads and entrances. The Contractor shall provide utility clearances
and sanitation facilities, if needed. The Contractor shall protect
existing structures at the sites and repair any damage caused by
his operations to the satisfaction of the City's Solid Waste Director at
no additional cost to the City.
E. Site Security: The Contractor shall be responsible for installing site
security measures and maintaining security for operations at the site.
F. Fire Protection: The Contractor shall manage the site to minimize the
risk of fire.
G. Ash Containment Area: The Contractor shall be responsible for the
staging, removal, and containment of ash from all burning
operations. The containment area will be "wetted down"
periodically under this contract to prevent particles from becoming
airborne.
H. Inspection Tower: The contractor shall construct an inspection tower.
The tower shall be constructed using pressure treated wood. The
floor elevation of the tower shall be 10 feet above the existing
ground elevation. The floor area shall be 8' by 8', constructed of
2"by 8" joists, 16" O.C. with 3/4" plywood supported by four 6" by 6"
posts. The perimeter of the floor area shall be protected by a 4-
foot-high wall constructed of 2" by 4" studs and '/2" inch plywood.
The floor area shall be covered with a corrugated tin roof. The roof
shall provide a minimum of 6'6" of head room below the support
beams. Access shall be provided by wooden steps with a handrail.
I. The Contractor shall make provisions for portable sanitary facilities to
be provided and maintained at the inspection tower.
J. Traffic Control: The Contractor shall be responsible for safe control of
pedestrian and vehicular traffic in the work area. The Contractor
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
shall provide all flag persons, signs, equipment, and other devices
necessary to meet federal, state, and local requirements. The traffic
control personnel and equipment shall be in addition to the
personnel and equipment required in other parts of this contract. As
a minimum, one flag person shall be posted at each entrance to
direct traffic at the site.
K. Debris Ownership and Disposal: The Contractor must remove or
arrange for the removal and final disposal of all debris brought to the
debris reduction site. Options include, but are not limited to, sending
the material to an authorized and properly permitted City approved
disposal area, recycling facility, or resale entity authorized by the
City. The Contractor must maintain records for all materials,
including processed debris, residue, and hazardous materials, being
transported from the debris reduction site to disposal or recycling
facilities. The Contractor must secure an EPA Identification Number
prior to the lawful disposal of any ash determined to be hazardous
based on analytical results. Copies of this documentation must be
provided to the City's Solid Waste Director for his/her review prior to
the start of work. The Contractor shall be considered the owner of
all debris brought to the debris reduction site.
L. Site Closure: The Contractor shall be responsible for the closure of the
debris site within 30 calendar days of receiving the last load of
disaster-related debris. This closure shall include removal of site
equipment, debris, and all remnants from the processing operation
(such as temporary toilets, observation towers, security fence, etc.),
and grading the site, and restoring the site to pre-work conditions.
The site will be restored in accordance with all state and local
requirements. The Contractor is responsible for the proper disposal of
non-burnable debris, ash, and wood chips. The Contractor shall
receive approval from the City's Solid Waste Director as to the final
acceptance of a site closure. Final payment shall be released to
the Contractor upon acceptance of the site by the City's Solid
Waste Director.
M. Baseline Sampling and Testing: The Contractor must collect and test
soil and groundwater samples at each TDSR site in areas designated
for storm water retention, ash staging, vehicle maintenance, fuel
dispensing operations and any areas where hazardous substances
and petroleum products are or might be generated, stored, or used.
Sample locations must be coordinated with the City's Solid Waste
Director prior to acquisition. Samples must be tested for Total
Petroleum Hydrocarbons (TPH) and Resource Conservation and
Recovery Act (RCRA) metals. The Contractor must secure
independent laboratory analytical tests for the referenced
substances tested and provide the results to the City's Solid Waste
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
Director prior to the commencement of operations at the TDSR sites.
N. Protection: Within the limits of or adjacent to the TDSR site, there may
be existing underground electric, telephone and television cables and
conduits, gas, water, and sewer utility lines that cannot be located
from existing data. It is the responsibility of the Contractor to
determine their exact location and to carry out his/her work carefully
and skillfully so as to avoid damage to them. The City may elect to
provide this information to the Contractor in advance. In any case,
the Contractor shall ensure the locations of such utility installations
are adequately marked.
O. Temporary Utilities: All temporary utilities, including sewage disposal
and potable water, must be provided by the Contractor.
P. Signage: The Contractor must provide signs at each of the TDSR sites
in accordance with City specifications that contain the following
information:
1 . Contractor's superintendent name, address and local 24-hour
telephone number;
2. Name of the TDSR site facility; and
3. Name, address, and telephone number of the City representative
to contact in case of an emergency.
Q. Plans: The Contractor must develop and provide to the City's Solid
Waste Director the following prior to start-up:
1 . Site layout plan
2. Proposed operating procedures
3. Site/operations safety plan
R. Startup: When all TDSR site preparations are completed, the
Contractor must notify the City's Solid Waste Director, who will
inspect the site and approve the site for commencement of TDSR
site operations.
TDSR Site Operations
A. General Operations: The Contractor will operate each TDSR site in
an effective and efficient manner for such time as the City's Solid
Waste Director deems necessary. TDSR sites may operate on a 24-
hour, 7-day basis unless otherwise directed by the City's Solid Waste
Director to prevent undue impact on nearby residents.
B. The Contractor must operate such equipment as is necessary to
efficiently reduce by mechanical means or incineration all materials
deposited at the TDSR site. The Contractor must segregate all debris
in accordance with the method of processing and potential for
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
recycling and its ultimate disposal.
C. The Contractor must separate and contain all hazardous wastes for
pickup and disposal. Putrescible garbage shall be separated and
contained for pick-up by the City's designated hauler. The
Contractor must staff the TDSR sites with sufficient personnel to
ensure the waste stream segregation and processing operation
does not reduce the capacity to remove debris from City streets in a
timely manner. The operation of each TDSR site must conform to
these specifications and any permits issued for the TDSR site. The
Contractor is responsible for all site and worker safety issues.
D. Control of Material: The Contractor must make every effort to control
the nature of the material allowed into the TDSR site, with the
objective being to have only C&D materials, clean woody debris,
household debris (other than HAZMAT and garbage) and similar
materials brought to and deposited in the TDSR site. To the extent
practicable, the Contractor must prevent hazardous materials and
putrescible garbage from being brought onto the TDSR sites.
Contractor must segregate hazardous materials and putrescible
garbage, when discovered, for pick-up and disposal by the City's
designated haulers. All materials brought to the TDSR site by
vehicles under Contractor's control but not accepted at the TDSR
site must be disposed of by the Contractor at a City approved
landfill or by other legal means of disposal at the Contractor's
expense.
E. Environmental Controls: The Contractor is responsible for monitoring
the temperature of stockpiled mulch at least twice daily to detect
hot spots resulting from natural microbial decomposition. Upon
finding a hot spot the Contractor must mechanically mix the affected
mulch to cool it down and avoid creating a fire hazard.
F. The Contractor must secure the services of an independent
laboratory to sample and test any ash generated from burning prior
to its lawful disposal. Copies of all documents pertaining to the
disposition of the ash (e.g., analytical results, shipping manifests,
certificates of destruction) must be submitted to the City's Solid
Waste Director.
G. The Contractor must, to the extent practicable, separate hazardous
waste and asbestos from all woody and structural debris that is to be
further processed, reduced, recycled, or burned. Segregation of
asbestos from curbside debris planned for direct disposal at a landfill
will not be required.
H. Control of Rodents, Vermin, Insects, Birds, and Wildlife: The
Contractor must operate the TDSR Sites in such a manner as to
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
minimize the possibility of infestation by rodents, other vermin, and
insects and to minimize the potential for attracting birds and wildlife.
The Contractor will be responsible for proper and safe application of
rodenticide and insecticide as a precautionary tactic to minimize
the potential for infestation. Additional applications of such
materials shall be made as necessary to eradicate infestations. All
sites and work areas will be subject to inspection and monitoring by
City health and safety personnel.
I. Debris Ownership and Disposal: The Contractor must remove or
arrange for the removal and final disposal of all debris brought to the
TDSR sites. Options include but are not limited to sending the
material to an authorized and properly permitted, City approved
disposal area, recycling facility or resale entity. The Contractor must
maintain records for all materials, including processed debris,
residue, and hazardous materials, being transported from the TDSR
sites to disposal or recycling facilities. The Contractor must secure an
EPA Identification Number prior to the lawful disposal of any ash
determined to be hazardous based on analytical results. Copies of
this documentation must be provided to the City's Solid Waste
Director for his/her review. The Contractor shall be considered the
owner of all debris brought to a TDSR site.
J. The Contractor must assume possession of all processed debris and
may dispose of such debris in a manner that creates income for the
Contractor but must propose a revenue share that will be split with
the City in the pricing proposal. Reduction and disposal of the debris
is the sole responsibility of the Contractor.
K. The City will be deemed to be the "generator' for the purposes of
Texas and Federal laws, rules, and regulations. The Contractor will
be responsible for complying with all applicable local, State, and
Federal laws, rules, and regulations form the time the materials are
picked up or accepted from others by the Contractor until the
materials are accepted at the final disposal site(s).
L. The Contractor shall ensure that all materials accepted for disposal
are accepted at the final disposal site(s).
M. The Contractor shall provide evidence of the lawful disposal of all
materials in accordance with Federal and State regulations and
submit that evidence to the City of Corpus Christi.
TDSR Site Closure
A. Restoration: The Contractor must restore all TDSR sites to their original
condition to the extent feasible or to the satisfaction of the City's
Solid Waste Director. Unless otherwise directed by the City's Solid
Waste Director, all improvements (e.g., fencing, haul roads, trailers)
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
must be removed. The Contractor must reestablish grades (i.e.,
roads, and ditches) throughout each TDSR site. The Contractor must
request and participate in site inspections by the City's Solid Waste
Director for final approval of all site closure and restoration activities.
B. Sampling and Testing: The Contractor must complete soil and
groundwater closure sampling and testing in the areas described in
the baseline sampling information. The same tests must be
completed as were performed prior to commencing with TDSR site
operations (TPH and RCRA Metals). The analytical results must be
provided to the City's Solid Waste Director prior to closure of each
TDSR site. Areas found to be contaminated above the baseline
values must be remediated by the Contractor. The Contractor is
regarded as the generator of such contaminants for the purposes of
Federal environmental statutes.
Compensation
A. Preparation: TDSR site preparation will be paid for on a lump sum
basis. This amount includes, but is not limited to, setup of up to three
sites, baseline sampling and testing at all sites, signage, and any other
preparations necessary to accept debris from the designated
removal zones. If the Contractor and City's Solid Waste Director
mutually agree that all three designated TDSR sites are not required,
the lump sum amount stated in the Price Proposal will be
proportionally reduced to reflect the number of TDSR sites actually
prepared for operation.
B. Operations and Disposal: TDSR site operations will be measured and
paid for based on a unit price per cubic yard of debris that is
accepted at TDSR sites for processing and disposal. The unit price
per cubic yard must include all subsidiary costs including, but not
limited to, labor, equipment, fuel, environmental controls,
maintenance, general administration, and disposal. Compensation
will be based on completed load tickets administered and
validated by City disposal site monitors only.
C. Closure: TDSR Site closure will be paid for on a lump sum basis. This
amount includes, but is not limited to, restoration of all sites, sampling
and testing at all sites, and any other activities necessary to convert
the sites back to their original condition and usage. If the
Contractor and City's Solid Waste Director mutually agreed not to
open all three designated TDSR sites, the lump sum amount stated in
the Price Proposal will be proportionally reduced to reflect the
number of TDSR sites actually opened for operation.
D. Payment Retainage: The City's Solid Waste Directorwill withhold from
the Contractor's compensation any amounts; not to exceed 5%; in
connection with deviation from acceptable procedures,
negligence resulting in damage to public or private property,
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
unreasonable rates, inadequate record keeping, invoices for work
not accomplished or equipment not used, fraudulent claims, or any
devious or illegal practice.
Stage 4: Hazardous, Toxic or Radioloaical Waste (HTRW) Disposal Planning and
Management
Stage 4 consist of collection, characterization, packaging,
transporting, and disposing of Hazardous, Toxic or Radiological Waste
(HTRW) following a major storm disaster or catastrophic event.
General Description
A. Work performed under these specifications shall meet or exceed the
applicable State regulations and the applicable provisions of the
Code of Federal Regulations (CFR) concerning Hazardous, Toxic or
Radiological Waste (HTRW) as contained in proposal documents.
B. Disposal sites utilized by the Contractor shall be licensed, as required
by law, by the Environmental Protection Agency (EPA) and/or State
of Texas. Proposers must specify those disposal sites that they intend
to use and provide key information regarding the site such as
location and permit numbers.
C. The Contractor shall maintain a current EPA identification number
and current Texas Commission on Environmental Quality (TCEQ)
registration throughout the term of the contract.
D. The Contractor shall maintain all required insurance coverage, and
any Federal and State permits required for transportation and
disposal of all Hazardous, Toxic or Radiological Waste (HTRW).
Additionally, the Contractor will keep all inspection plans and
records evidencing compliance with applicable Federal, State, and
local regulations throughout the term of the contract.
E. The Contractor may subcontract, at no charge to the City, services
related to the recycling, reuse, collection, transportation, or disposal
of the Hazardous, Toxic or Radiological Waste (HTRW) collected,
where appropriate.
F. Planning Standard for Hazardous Waste (HTRW) Disposal Services:
1 . The Department of Solid Waste Operations has selected a
Category 4 wet hurricane that impacts the entire City with equal
intensity as its planning standard. The worst case HTRW volume
anticipated from such a storm impacting the entire city with
equal intensity is 200,000 pounds of dry materials and 60,000
gallons of liquids. This estimated debris volume is strictly a
planning figure for estimating potential removal and disposal
needs. It is not a fixed quantity for the purpose of contractual
obligations. The actual volume of HTRW may be greater than or
less than the planning volumes, and probably will be less. For
the purpose of this Proposal Package and solely for the purpose
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
of standardizing the contents of all submittals and evaluation,
the Contractor shall use planning figures of 200,000 pounds of
dry materials and 60,000 gallons of liquid as the initial volume
estimates for post-disaster hazardous waste removal.
Contractor pricing will be submitted for various volumes of HTRW
to include pricing for small storms that may require up to 0 to
60,000 lbs. dry/17,000 gals. liquid HTRW; 60,001 to 120,000 lbs.
dry/17,001 to 34,000 gals liquid HTRW, 120,001 to 200,000 lbs.
dry/34,001 to 60,000 _gals liquid HTRW; and above 200,000 lbs.
dry/60,000 gals. liquid HTRW.
2. The City's Solid Waste Department's goal is to complete the
HTRW removal and disposal process in 90 calendar days. This
assumes that the entire area of the City will be accessible within
that period. Due to the low elevation and potential for flooding,
some areas might not be accessible for several weeks after a
major natural disaster. The Contractor must be aware that it
might not be possible to initiate operations in all parts of the City
simultaneously immediately after a storm.
Objectives
A. Work under this section consists of post-storm/disaster operations to
collect, characterize, package, transport and dispose of Hazardous,
Toxic or Radiological Waste (HTRW). This project is divided into two
Categories:
1 . Household Hazardous Waste (HHW) and
2. Industrial/Commercial Hazardous Waste (ICHW).
B. Potential Contractors will be required to bid on each Category.
C. Categories HHW and ICHW are to be performed on a unit price basis.
D. Hazardous, Toxic or Radiological Waste (HTRW) operations will
include:
Category 1- Household Hazardous Waste (HHW)
1 . Used or leftover contents of consumer products that contain
chemicals with one or more of the following characteristics, as
defined by the Environmental Protection Agency: 1 ) Toxic, 2)
Flammable, 3) Corrosive and/or 4) Reactive. Examples of
household hazardous waste include small quantities of normal
household cleaning and maintenance products, latex and oil-
based paint, cleaning solvents, gasoline, oils, swimming pool
chemicals, pesticides, propane gas cylinders, etc.
2. The City's Solid Waste Director will identify specific pickup locations
or areas for HHW collection. The Contractor will not have to sort
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
through rights-of-way debris piles looking for potential HHW
materials. Residents will be instructed to place their HHW items in
separate piles that will be easily identifiable or to take HHW
materials to designated drop-off locations. This will allow citizens
to return to their properties and bring debris and HHW to the rights-
of-way as recovery progresses. The City's Solid Waste Director will
prescribe the specific procedures to be used after ascertaining
the scope and nature of the
disaster's impacts.
3. The general concept of HHW collection from TDSR sites will only
be once a day for approximately 3 weeks or as directed by the
City's Solid Waste Director.
Category 2- Industrial/Commercial Hazardous Waste (ICHW)
1 . Material and products from institutional, commercial,
recreational, industrial, and agricultural sources that contain
certain chemicals with one or more of the following
characteristics, as defined by the Environmental Protection
Agency: 1) Toxic, 2) Flammable, 3) Corrosive; and/or 4) Reactive.
2. The City's Solid Waste Director will identify the location of certain
commercial and industrial hazardous and toxic waste, low-level
radiological wastes, biological, medical (including possibly
infectious wastes) and animal carcass wastes, and petroleum
and other wastes, including spills discovered upon City rights-of-
way or City property. Once identified, the Contractor will be
responsible for collection, characterization, packaging,
transportation, and disposal actions. All activities will be
coordinated with the City Solid Waste Director before work
begins.
3. Definitions for the waste types detailed above may be found
within the regulatory citations detailed in the contract. This
includes materials, whose source may be non-residential or
unidentified, which may come to rest on City property. This
scope of work does not include explosives. The Contractor's
responsibility will include disaster related spill response in the City
rights-of-way or on City property.
Preparedness
Key personnel, proposed by the Contractor under the pre-qualification process,
must participate in the City's annual hurricane preparedness training activities, a
maximum of two days each year at the Contractor's expense.
Prepositioninq
Upon activation of the contract, Contractor must provide a two-person
management team on-site to participate in advance recovery preparations.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Expected time frame for activation is approximately 48 hours prior to projected
hurricane landfall. The purpose is to initiate actions necessary to ensure that
Contractor resources will be able to begin HHW/ICHW operations within 24 hours
of receiving the Notice to Proceed from the City.
Inspection of Hazardous, Toxic or Radiological Waste (HTRW) Debris
As soon as possible after the storm/disaster event has subsided, the Contractor
must make a detailed and thorough on-site inspection with a representative
from Solid Waste
Services of areas from which HHW/ICHW is to be removed. Contractor should
consider:
1 . Amounts and types of Hazardous, Toxic or Radiological Waste
(HTRW);
2. Working conditions such as traffic, street/road width, and land
use;
3. Means to ingress and egress work areas; and
4. All other factors affecting the work.
Coordination
Hazardous,Toxic or Radiological Waste (HTRW) clearing, and removal is limited to
that which is determined by the City's Solid Waste Director to be in the interest of
public safety and that which is considered essential to the economic recovery of
the affected area. The City's Solid Waste Director established by the City for the
hurricane/disaster event will determine priorities for HHW / ICHW Clearing and
Removal. The Contractor must coordinate with other contractors and other
public and private entities also performing recovery operations.
Collection, Characterization, Packaging, Transportation and Disposal of
Hazardous, Toxic or Radiological Waste (HTRW)
A. The Contractor will remove Hazardous, Toxic or Radiological Waste
(HTRW) debris from the rights-of way and City property to allow for
the movement of emergency vehicles, law enforcement,
resumption of critical services, and damage assessment of critical
public facilities and utilities.
1 . First collection priorities are to remove Hazardous, Toxic or
Radiological Waste (HTRW) from the following facilities:
• Police Department
• Fire Stations
• Corpus Christi International Airport
• Hospitals
2. Secondary collection priorities are to remove Hazardous, Toxic
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
or Radiological Waste (HTRW) from the following facilities:
• City Hall
• City Service Center
• County Courthouse
• Elliott Landfill
• Maintenance Services
• Water Filtration Plants
• Wastewater/Sewage Treatment Plants
• Other Facilities designated by the City's Solid Waste Director
Hazardous, Toxic or Radiological Waste (HTRW) removal priorities
above may be adjusted by the City's Solid Waste Director at any
time during recovery operations.
Pickup Locations
The City's Solid Waste Director will identify specific pickup locations or areas for
Hazardous, Toxic or Radiological Waste (HTRW) collection. The Contractor will
not have to sort through rights-of-way debris piles looking for potential
Hazardous, Toxic or Radiological Waste (HTRW) materials. Residents will be
instructed to place their Hazardous, Toxic or Radiological Waste (HTRW) items in
separate piles that will be easily identifiable or to take Hazardous, Toxic or
Radiological Waste (HTRW) materials to designated drop-off locations. This will
allow citizens to return to their property and bring debris and Hazardous, Toxic or
Radiological Waste (HTRW) to the rights-of-way as recovery progresses. The
City's Solid Waste Director will prescribe the specific procedures to be used after
ascertaining the scope and nature of the disaster's impacts.
Hazardous, Toxic or Radiological Waste (HTRW) Removal
Exhibit A, "Removal Zones", identifies areas within the City where Hazardous, Toxic
or Radiological Waste (HTRW) removal is required, as well as the locations of TDSR
sites assigned to each zone. During HHW/ICHW removal operations, extreme
caution must be exercised by the Contractor to ensure that no damage is done
to public or private properties. The Contractor will be responsible for
repair/replacement of any damage caused by negligence to public or private
property to the satisfaction of the City's Solid Waste Director at no additional cost
to the City.
Loading/Hauling
A. All vehicles utilized in hauling Hazardous, Toxic or Radiological
Waste (HTRW) must be equipped with adequate means for
containing the load, including canvas covering while transporting
the material.
B. Covering must effectively prevent Hazardous, Toxic or Radiological
Waste (HTRW) from being blown or bounced off the vehicles.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Sideboards or other extensions to the bed will be permitted
provided they meet state and local requirements, cover the front
and two sides and are substantially constructed.
C. Sideboards must be constructed of two-inch (2") by six-inch (6")
boards or greater and may not extend more than 2 feet above
the metal bed sides.
D. Vehicles must be equipped with a tailgate that will effectively
contain the HHW/ICHW on the vehicle while hauling, and also
permit the vehicle to be loaded to capacity.
Disposal of Hazardous, Toxic or Radiological Waste (HTRW)
A. All Hazardous, Toxic or Radiological Waste (HTRW) must be disposed
of according to current local, State, and Federal regulations at
approved landfills.
B. Contractor's responsibilities include the following:
1 . Provide the services described in the Contract upon receipt of
a Notice to Proceed from the City's Solid Waste Director
immediately following a hurricane or other disaster.
2. Furnish all equipment, material, and labor required to collect,
categorize, transport, and properly dispose of all HHW/ICHW.
3. Assume all liability and responsibility for collected Hazardous,
Toxic or Radiological Waste (HTRW) waste from the time the
work begins until final disposition, including but not limited to
handling and transportation to a City of Corpus Christi
approved disposal site.
4. Be responsible for all costs incurred in the handling of collected
Hazardous, Toxic or Radiological Waste (HTRW) including
categorization, packaging, transporting, disposal, and
marketing of recyclables if appropriate.
5. All collected Hazardous, Toxic or Radiological Waste (HTRW) is
subject to regulations and restrictions imposed by the EPA and
the Texas Commission on Environmental Quality (TCEQ) or its
successor agency.
6. Keep all records that may be required by law or by the City
under this contract for the purpose of payments to the
Contractor or reimbursement to the City for disaster related
expenses.
7. Mobilize to the site provided by the City and commence with
site set-up activities to facilitate the timely receipt of Hazardous,
Toxic or Radiological Waste (HTRW).
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
General Concept of Operations
A. The Contractor shall provide a two-person management team on-
site within 24 hours following Notice to Proceed to participate in
recovery evaluation planning. The purpose is to initiate actions
necessary to ensure that Contractor resources match the
anticipated workload.
B. Contractor will establish a Hazardous, Toxic or Radiological Waste
(HTRW) processing site at a location acceptable to the City of
Corpus Christi to be fully operational within 7 days. Collection
priorities will be coordinated by the City's Solid Waste Director.
Emphasis will be placed on those materials posing an imminent
threat to public health and safety.
C. The Contractor shall establish and implement a curbside HTRW
collection program in consultation with the City's Solid Waste
Director as soon as public rights-of-way are cleared for traffic.
Curbside collection shall occur at prescribed intervals as specified
by the City's Solid Waste Director.
D. The Contractor shall also establish and implement periodic
collection of Hazardous, Toxic or Radiological Waste (HTRW) at the
designated TDSR sites in coordination with the TDSR site Contractor
and City's Solid Waste Director.
E. The Contractor shall allow the City or regulatory agency monitoring
personnel to oversee and assess the collection, characterization,
packaging, transportation, and disposal of Hazardous, Toxic or
Radiological Waste (HTRW) through monitoring and spot inspection
of records and field activities.
F. The Contractor shall respond to spills and releases of other
hazardous materials in public rights-of-way or on other public
property. Spill response will include the prevention of movement
of materials into waterways or public rights-of- way, clean-up of
spills and other releases, and the identification and notification to
the City's Solid Waste Director of spills which are beyond the
response capabilities of the Contractor.
G. The Contractor may conduct such recycling of materials as may
be agreed to between the City's Solid Waste Director and the
Contractor following a natural disaster.
H. The Contractor shall maintain such records as to demonstrate
lawful disposal of all materials as are required by law and specified
herein. The Contractor shall also provide all such cost accounting
information as may be required by the City to satisfy cost
documentation for FEMA.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
I. The Contractor shall cooperate with the clearing, hauling, and
TDSR site Contractors in an efficient manner to facilitate the timely
removal of HTRW from all City property and TDSR sites.
J. Contractor shall mobilize with appropriate equipment and
personnel to the HTRW processing site within 24 hours of Notice to
Proceed. The site must be fully operational within 7 days of Notice
to Proceed. Contractor must coordinate with the City's Solid
Waste Director prior to mobilization and setting up operations.
K. The Contractor shall provide an Administrative Crew which will
include the following personnel and resources:
1 . Project Coordinator
2. Field Project Manager,
3. Administrative Assistant
4. Office trailer with communications and generator
5. Two pickup trucks
6. Four passenger cars
L. The Administrative Crew shall be mobilized immediately following
the notice to proceed and shall remain in place throughout the
project. The Administrative Crew shall direct and coordinate the
actions of the individual crew and task area managers.
M. The Contractor shall provide a Collection Site Management Crew
which will include the following personnel and resources:
• Chemist
• Field Project Supervisor
• Health and Safety Specialist
• Administrative Assistant
• Office Trailer with communications and generator
• Two pickup trucks
• One passenger car
N. The Collection Site Management Crew will require personnel
protection equipment (PPE). HTRW recovery normally requires
Level D protection, which includes breathable oversuit, eye
protection, safety shoes, hardhat, and hand protection.
O. The Collection Site Management Crew shall coordinate and direct
the activities of each of the HTRW Separation, Pickup, and
Packaging Crews.
P. The Contractor shall provide an HHW / ICHW Waste Separation
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Crew which will include the following personnel and equipment:
1 . Two Field HM Technicians
2. One pickup truck with communications
Q. The Waste Separation Crew will require personnel PPE. HHW
recovery normally requires Level D protection, which includes
breathable oversuit, eye protection, safety shoes, hardhat, and
hand protection.
R. The Waste Separation Crews will be responsible for initial
identification of HHW / ICHW material deposited at the curbside or
on City property. They will not be required to dig through debris piles
since citizens will be instructed to place their HHW in separate piles.
Waste Separation Crews shall consolidate the items from individual
homes at curbside locations on plastic and or in plastic bins to await
pickup. The objective is for these crews to proceed through the
areas of concern in order to stage a sufficient amount of HHW to
improve the efficiently of the HHW Pick-up Crews.
S. The Contractor shall provide an HHW / ICHW Waste Pick-up Crew
which will include the following:
1 . One pick-up truck with communications
2. One Field HM Technician
T. The Waste Pick-up Crew will require personnel PPE. Hazardous,
Toxic or Radiological Waste (HTRW) recovery normally requires
Level D protection, which includes breathable oversuit, eye
protection, safety shoes, hardhat, and hand protection. The
Contractor's Safety Officer shall determine if P100 Dust Masks are
required during collection operations.
U. The Waste Pick-up Crews shall pick-up the consolidated and
prepackaged HHW and transport these items to the site selected by
the City of Corpus Christi for segregation by hazardous class. The
Waste Pick-up Crews shall be in communications with the HHW
Separation Crew to allow for the coordination of the pick-up of full
bins and re-supply of empty bins.
V. The Contractor shall provide a Waste Segregation Crew which will
include six Containment Area Technicians with communications.
W. The Waste Segregation Crew will require personnel PPE. HHW
recovery normally requires Level D protection, which includes
breathable oversuit, eye protection, safety shoes, hardhat, and
hand protection.
X. The Waste Segregation Crew shall segregate the HHW into
hazardous classes as it is received from the Waste Pick-up Crews.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
Y. Based on the characterization of the waste, the waste shall be
packaged following Federal, State, and USDOT requirements and
applicable OSHA standards to protect personnel during
packaging and handling operations. Any material requiring
containerization shall be repackaged as necessary. The Waste
Segregation Crew shall also ensure that materials temporarily
staged next to one another are compatible and shall not pose a
health and safety hazard.
Training and Qualifications of Personnel
A. Contractor will ensure that all personnel involved with this program
are trained for the level of expertise required for the proper
performance of task, in particular, in the areas of chemical
incompatibility, spills, and general first aid procedures in
accordance with 29CFR 1910.120.
B. The Contractor will provide personnel with both handling and
personal protective equipment appropriate to ensure the safe
handling of Hazardous, Toxic or Radiological Waste (HTRW).
C. The Contractor shall be trained in the proper procedures for
identifying and managing hazardous, biological, medical, and
radiological wastes in accordance with applicable Federal and
State regulations.
D. The Contractor will provide a two-person management team to
participate in an annual disaster preparedness training program of
not more than two days at the Contractor's expense.
Safety and Spill Contingency Plans
A. The Contractor is responsible for ensuring that Hazardous, Toxic or
Radiological Waste (HTRW) is properly handled, packaged, and
disposed of in a lawful manner and in a manner so as to prevent
health and safety hazards created by the improper combination
of wastes.
B. The Contractor is responsible for ensuring that all contractor and
subcontractor personnel involved with Hazardous, Toxic or
Radiological Waste (HTRW) operations are appropriately trained,
qualified, outfitted, equipped, and monitored in accordance with
all applicable federal and state of Texas occupational health and
safety requirements, including but not limited to current OSHA
regulations for hazardous waste operations.
C. The Contractor is responsible for maintaining the appropriate safety
requirements, depending upon the associated hazards, volume of
traffic and weather conditions. All operations must be performed
in a safe manner in accordance with State and Federal regulations.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
Contractor shall operate all vehicles and equipment in a safe and
effective manner. Special attention must be paid to the operation
of collection trucks in residential areas following a natural disaster
to preclude injury to pedestrians, particularly children.
D. The Contractor shall follow basic protection guidelines, which
include but are not limited to the following:
1 . Wearing of work uniform, safety glasses/chemical splash
goggles and safety shoes.
2. Wearing of chemical resistant gloves; Tyvek coveralls/apron will
be required when handling waste materials.
3. Lab packaging of Hazardous, Toxic or Radiological Waste
(HTRW) will require the appropriate level of protective gear, with
the addition of a protective over suit.
4. Ensuring that an individual air-purifying respirator, equipped with
organic vapor/acid gas/high efficiency combination
cartridges, is available within reach of al personnel who are
opening any containers.
5. Segregation and packaging of liquid waste will require Tyvek
coveralls/apron, chemical resistant gloves and boots.
Additionally, respirator protection and chemical goggles/face
shield (if not using a full- face respirator) may be required.
6. Development, adherence to, enforcement of, and
maintenance of a site safety plan consistent with current OSHA
requirements in 29CFR.
7. Ensuring that all personnel involved in Hazardous, Toxic or
Radiological Waste (HTRW) operations are properly trained
(HAZWOPER, etc.) and certified consistent with current OSHA
requirements in 29CFR.
E. Spill Contingency Plan During Collection Operations:
The Contractor is responsible for coordination of collection
activities with emergency services and fire departments. A list of
these agencies and service will be maintained at the collection
facility and will consist of, but not be limited to the following:
• Phone number and address of TCEQ
• Ambulance and rescue services
• Fire and police departments
• Directions to the appropriate hospital
F. Emergency Response guidelines include but are not limited to the
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
following:
1 . Employee Related Safety:
• The Contractor shall render minor first aid in situations of
injury and exposure.
• The Contractor shall maintain a first aid kit with sufficient
supplies to care for minor injuries and exposure.
• The Contractor shall provide an on-site personal eyewash
station.
• In a situation of inhalation of a toxic compound, the
individual(s) must be removed to fresh air and transported to
an emergency medical facility. Other personnel will be
evacuated as necessary. If transportation/evacuation by
the Contractor is not feasible, personnel will continue first aid
treatment until medical personnel arrive.
• The Contractor shall have the equipment necessary to
evaluate potentially radioactive materials.
2. Waste Related Safety:
• Waste related incidents include, but are not limited to
splashes, spills, fires, explosions, chemical reactions or
releases of toxic gases or vapors, and radiation.
• In a waste related emergency situation, the Contractor is
responsible for assessing the situation and will initiate the
appropriate action.
• The Contractor shall maintain on-site emergency spill
response equipment including Class AFC dry chemical fire
extinguishers, absorbent, and shovels.
• Where appropriate, the Contractor shall restrict public
access to the collection areas as deemed necessary.
• Collection areas shall be designated non-smoking and shall
be posted with "No-Smoking" signs.
• Notification of State and local emergency agencies is the
responsibility of the Contractor.
General Rules Governing Personnel Handlinq Hazardous, Toxic or Radiological
Waste (HTRW)
A. Eating, drinking, and smoking are strictly prohibited at active work
locations.
B. All atmosphere supplied respiratory devices must meet at least the
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
requirements of the specifications for Grade D breathing air as
described in the Compressed Gas Association Commodity
Specification G-7.1-1966.
C. If evacuation is necessary, the Contractor shall ensure that:
1 . All on-site personnel and program customers are alerted.
2. All personnel, volunteers and customers are evacuated
to a pre- designated area.
3. A count will be made of all personnel.
4. No person may be assigned to a task that requires the use of
respiratory protection, until they are trained and determined to
be physically capable of using such devices. This determination
will be made by a physician.
D. Beards, facial hair, and sideburns (which may interfere with
respirator sealing) are prohibited for all personnel using respiratory
protection, including Contractor, City staff, visitors, volunteers,
State and Federal representatives.
E. The Contractor will have the authority to remove anyone from the
collection site and prohibit their re-entry if the Contractor
determined that the person threatens site safety and/or security.
F. Materials shall be identified to the degree necessary to prevent the
mixing of substances that would create a health or safety problem
due to ignition, fumes, or explosion.
G. All personnel shall observe the City's (and Contractor's) drug and
alcohol policies.
Site and Operational Security
A. The City of Corpus Christi will determine the site that will be the
primary facility for accepting, storing, processing, and recycling of
HTRW. This facility shall be secured daily at closing by locking all
samples, packaged chemicals, site materials, emergency
equipment, etc., in the appropriate storage buildings.
B. Any storage building or transport trailer containing collected
wastes must be appropriately marked to discourage tampering.
Identification, Testina and Processina Procedures
Waste Determination and Identification:
A. The Contractor shall work in conjunction with the City's Solid Waste
Director in assessing the volumes, types, and locations of HTRW
located within the City following a hurricane or other natural
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
disaster.
B. The Contractor shall, where possible, adequately classify and
segregate waste for proper packaging, transportation, and
disposal.
C. The Contractor shall test waste or have it tested to the extent
necessary or practical for packaging and transport according to
United Stated Department of Transportation (USDOT) hazard
classes and disposal requirements. The Contractor will provide
equipment for use on-site that will be used to identify or categorize
waste for disposal.
Collection
General Collection Procedures:
1 . The Contractor shall be responsible for responding to the
collection requirements based on priorities established by the
City's Solid Waste Director.
2. The Contractor shall be responsible for collection debris from the
curbside, City rights-of-way, and all TDSR sites. HTRW will only
be removed from private property when there is a significant
threat to human health and safety and the Contractor is notified
in writing by the City's Solid Waste Director and or his
representative.
3. The Contractor shall complete interim measures to contain and
abate HTRW that may spread and cause additional hazards for
the City.
4. The Contractor shall collect HTRW only during daylight hours.
5. The Contractor shall make a minimum of three passes over the
City in conjunction with the debris hauling Contractor to be
completed at the following intervals unless directed otherwise
by the City's Solid Waste Director:
• Initial Pass: Within 72 hours of being notified by the City's
Solid Waste Director that a street, block, or section of the
city is cleared.
• Second Pass: Not more than one week later or as directed
by the City's Solid Waste Director.
• Third Pass: Not more than three weeks after the second
pass or as directed by the City's Solid Waste Director.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
TDSR Sites:
A. The Contractor shall make daily passes to each of the designated
TDSR sites for collection of HTRW or as directed by the City's Solid
Waste Director.
B. Prior to deployment, all vehicles are to be equipped with the proper
operation and safety equipment as specified in the safety plan. The
Contractor shall provide for communications with all vehicles during
daily operations.
C.The Contractor's services shall also include emergency spill response.
D. During curbside pick-up of HHW, the Contractor shall consolidate
packages without opening into lab packs or over-packs. Bulking
or mixing of materials will not be allowed at curbside.
Provision for Shipping Containers
The Contractor shall provide containers and packaging for shipping hazardous
wastes that meet transportation and disposal requirements and applicable State
and Federal requirement. Shipping containers shall, to the maximum extent
possible, conform to the container sizes listed in the pricing portion of this
contract.
Other Pre-shipment Tasks
The Contractor shall utilize an inventory control system that ensures proper record
keeping and manifesting of hazardous waste shipments. Preparation of waste
for shipment must be in accordance with applicable USDOT regulations
regarding packaging, labeling, marking, and display of placards.
Transportation to Temporary Site
A. The City will provide a location for the temporary storage,
segregation, and recycling of HTRW.
B. The Contractor shall establish procedures for the transportation to
and from the temporary site in accordance with all applicable
Federal requirements concerning the transportation of HTRW. Such
procedures shall be designed to ensure that prevention of loss of
material and the efficient movement of material to the temporary
site.
Additional Testinq
The Contractor shall conduct additional testing of materials only at the
predetermined site for appropriately classifying, segregation, packaging,
transporting, and disposing of HTRW. Such additional testing shall be designed
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
to ensure packaging of similar materials, and to provide information necessary to
select appropriate disposal sites so incompatible materials are not commingled.
Batch Processinq
Batch processing of materials will be allowed by the Contractor in the interest of
time and cost-effectiveness. As a matter of public safety, batch processing will
be allowed only at the site determined by the City of Corpus Christi. Batch
processing at any other location is prohibited. In cases where batch processing
is undertaken, the Contractor will characterize the materials, record the nature of
the materials, and segregate by grouping materials of the same hazard
characteristics.
Preparation of Material for Transport
A. The Contractor shall supply all necessary technical personnel,
labor, equipment, and materials to properly collect, categorize,
package, mark, label, and load for transport all Hazardous, Toxic or
Radiological Waste (HTRW) located.
B. The Contractor shall, to the extent practical, segregate HTRW.
Following receipt of the waste, the Contractor's chemist will check
each container for proper labeling and identification. If the
container is properly identified, the material will be segregated
according to hazard class and prepared for packaging.
C. Once chemicals are properly identified, the Contractor shall
recheck the chemicals for compatibility, list the contents on the
drum container sheets, and pack the chemicals into drums or other
appropriate containers.
D. All drums and other containers will be packed by the Contractor
according to EPA and USDOT guidelines for proper transportation,
storage, and disposal of hazardous waste. All bottles, bags, or
boxes received must be closed and placed in a drum bound with
a steel band and bolt or placed in a drum or other acceptable
container that is sealed. The drum or container must be filled with
light weight, inert absorbent, sufficient to contain the entire volume
of waste. USDOT shipping information, hazard labels, EPA codes,
and a packing slip will be placed on the drum. The drums will then
be given a specific Contractor code number.
E. The Contractor shall place the properly packaged, labeled, and
manifested drums in a trailer, or other sealed container, for storage
prior to transportation to a licensed storage facility. The load will
be transported in fully permitted trucks, rail cars or other authorized
vehicles. The ultimate disposal of the hazardous waste will take
place at federally permitted hazardous waste sites previously
identified to, and approved by, the City's Solid Waste Director.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
Disposal
A. All HTRW materials shall be transported in EPA-compliant vessels or
vehicles in accordance with applicable TXDOT and USDOT
regulations.
B. All HTRW materials shall be disposed of lawfully in a Federal/State
permitted facility in accordance with applicable Federal and State
regulations.
C. The Contractor shall provide the City's Solid Waste Director with the
name, location, and facility permit number of all disposal facilities
prior to the shipment of any HTRW.
Manifests and Destruction Documentation Record Keeping
A. The Contractor shall provide certificates of disposal showing
container numbers for all waste and methods of disposal. Copies
of all manifests must be provided to the City's Solid Waste Director.
B. Copies of certificates of destruction for all wastes taken from within
the City under this contractwill be provided to the City'sSolid Waste
Director in a timely manner.
Contractor Created Spill Control and Response
The Contractor is responsible for the clean-up and any associated costs of any
spill as a result of its activities at the pick-up site, during transportation or at the
disposal facility. Provisions will be made according to the requirements of the
Contractor Spill Contingency Plan. The Contractor will clean-up spills in
accordance with State and Federal regulations and verify that the clean-up
meets applicable standards. The City reserves the right to verify costs and
quantity of such clean-up required of the Contractor in performing tasks under
the terms and conditions of this Contract.
Acceptance of Work
A. The Contractor shall comply with State and Federal regulations
concerning Hazardous, Toxic or Radiological Waste (HTRW) collection
programs.
B. During the course of this work, the Contractor's representative must
attend a daily coordination meeting with the City's Solid Waste Director
or designated representative.
C. The Contractor's representative must have the authority to act on
behalf of the Contractor to address and resolve issues that may arise.
D. In order to track progress in removing storm generated Hazardous,
Toxic or Radiological Waste (HTRW), the Contractor shall submit a
daily report in writing to the City detailing progress in collecting and
disposing of HTRW. Report shall be submitted at the daily
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
coordination meeting and include the following information:
1 . Areas of the City where Hazardous, Toxic or Radiological Waste
(HTRW) has been collected.
2. To the maximum extent practical, an itemized list of total waste
quantities collected, transported, and disposed. This list will be
separated by category (HHW or ICHW).
3. A description of any areas of concern or potential difficulties in
performing such programs in the future including
recommendations for modification to the collection
procedures.
4. Letters or Certificates of Disposal demonstrating proper disposal
of hazardous waste.
E. The Contractor(s) shall also notify the City's Solid Waste Director of
any significant damage to public or private property or major
problems, such as equipment failure or loss of qualified labor.
F. Hazardous Waste (HTRW) Disposal Management:
1 . The Contractor will serve as a general Contractor for the
purpose of those operations and will use its resources to meet
the obligations of the contract.
2. HTRW removal will generally be limited to materials in, upon, or
brought to public streets and roads, rights-of-way, municipal
properties and facilities, and other public sites. Contractor will
be responsible for determining the method and manner of all
HTRW removal and lawful disposal operations. Disposal of HTRW
may be at any lawful site selected by the Contractor and
approved by the City's Solid Waste Director.
3. The general concept of HTRW removal operations includes
multiple, scheduled passes of each populated area and each
right-of-way directed. This will allow citizens to return to their
properties and bring materials to the rights-of-way as recovery
progresses. The City will prescribe the specific procedures to be
used after ascertaining the scope and nature of the disaster's
impacts.
Additional Requirements
A. The Contractor shall allow the City staff and/or its agent to visit and
inspect the collection activities, storage, processing site and all disposal
facilities at any time.
B. The Contractor shall state its compliance with all applicable rules and
regulations of Federal, State, and local governing entities.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
The Contractor shall submit a report detailing the breakdown of costs of
supplies, collection, transportation, and disposal. The report shall be
filed within thirty (30) calendar days of completing the disposal process
for any and all wastes accepted during the collection event. The
Contractor shall submit all cost accounting data which may be required
by the City and FEMA related to this contract.
Work Site and Conditions
The work shall be performed within the city limits of the City of Corpus Christi,
TX. Exhibit A, "Debris Management Zones/City Maps", defines the City limits.
Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the City's Solid Waste Director to assure that the
requirements of the Contract are provided as specified. The Contractor will also
provide supervision of the work to insure it complies with the contract
requirements. Work will be closely monitored by City personnel or their
designated representatives and/or designated representatives of the Federal
Emergency Management Agency (FEMA). The Contractor must cooperate
with all monitors representing the City and FEMA.
Special Instructions
Measuring And Marking
Vehicle Measuring and Marking: Prior to commencing any debris removal work,
all the beds of the Contractor's hauling vehicles must be measured, and a
certified (by Contractor) listing of all vehicle bed sizes with measurements must be
submitted to the City's Solid Waste Director and updated whenever a new
truck/trailer is added by the Contractor. All hauling vehicles must have the
Contractor's name, vehicle number, and the measured capacity of the bed
clearly visible on both sides of the vehicle. Minimum letter size shall be 3 inches in
height.
Fees And Payment
A. Invoices shall be submitted in accordance with the unit prices and
disposal requirements specified in the Contract. Any special
requirements generating the need for additional fees must be approved
by the City's Solid Waste Director prior to such expenditure.
B. Five percent (5%) of the total Contract amount for any given collection
event will be retained by the City until the satisfactory completion of all
waste disposal activities, including the receipt by the City's Solid Waste
Director of the reports specified above. The Contractor shall provide
all documents pertaining to the disposition of all Hazardous, Toxic or
Radiological Waste (HTRW) including but not limited to shipping
manifests, bills of lading, and disposal certificates, certificates of
destruction, certificates of recycling, land ban forms and waste
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
characterization forms. Within thirty (30) days of receipt of this
information, the City will pay the full retained amount for the given
collection event. If, however, any questions arise as to the disposition
of any waste, the City will withhold payment until the questions are
resolved as specified in the proposal.
C. The City will pay tipping fees at the approved landfill. In the event the
City's approved landfill is deemed inoperable due to flooding or
inaccessibility, the City will identify an alternate landfill for use. The City
will negotiate how the tipping fee will be assessed with the owner of the
alternate landfill. (Technical Specification 01995).
CONTRACTOR PERFORMANCE REVIEWS
During the course of a post-natural disaster emergency response, the City
will periodically review the performance of the Contractor with regard to
timelines, efficiency, effectiveness of reporting and daily communications,
safety, billing, and overall performance. A final performance review will
take place between thirty (30) and sixty (60) calendar days following the
end of the contract term. Both parties will be given the opportunity to
address specification conformance, market conditions, and other factors.
Equipment
A. Several types and sizes of equipment to be used are listed in the
Contractor's Price Proposal. This is intended to be a general listing at
this time. Prior to beginning work, the Contractor will be required to
more fully identify and submit to the City each item of equipment by
type, size, and equipment number; the equipment number and the
Contractor's name or initials must be permanently marked on each side
of the vehicle at that time. Minimum letter size shall be 3 inches in height.
Rates for equipment not listed in the Price Proposal must be established
with the City's Solid Waste Director before such equipment may begin
working.
B. The equipment used for debris cleaning, removal and disposal services
shall be of sufficient type, capacity, and quantity to perform the debris
removal work safely and efficiently as specified herein. The equipment
proposed to perform the work shall be capable of collecting debris in
tight alleys, dead end streets and areas with low hanging trees.
C. The Contractor shall provide a list of all equipment (including support
equipment)
to be used by the Contractor. All such equipment is subject to inspection
by and final approval of the City. Such approval may require the
Contractor to provide on-site demonstration of the capability of any
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
proposed equipment. The City will allow the Contractor a reasonable
lead-time to obtain equipment requisite to pro- vision of the services
described herein, however, the Contractor shall commence work with
its existing equipment. The Contractor shall secure the Contract
Administrator's approval of collection areas requiring debris cleaning,
removal, and disposal services prior to commencing any work described
therein.
D. All vehicles used by the Contractor must be performance-worthy by
visual and operational inspection. The City shall have the right to
perform a complete inspection of all vehicles at any time during the term
of the contract. Should any vehicle, when inspected, in the
determination of the City, not meet those standards the City feels are
necessary to provide the services specified herein or to operate safely,
the City may require the Contractor to bring such vehicle to standard
before the Contractor may return such vehicle to service.
Equipment Storage
The Contractor is responsible for locating and securing areas where his/her
equipment may be stored, serviced, and repaired. Such areas must not
be located within rights-of-way or in any areas that would impact traffic
flow or produce a safety hazard. This does not preclude parking
equipment for short periods of time, including overnight, in rights-of- way
areas where work is in progress. On-site refueling and operating checks
including daily maintenance will be allowed only at properly prepared
areas.
Liquidated Damages
A. The City will assess liquidated damages for late or untimely performance
and may, at the City's Solid Waste Director's sole option, elect to allow
Contractor to continue with the work under this Agreement or may
declare Contractor to be in breach and default of the Contract and
order Contractor to remove all equipment and personnel from the work
site. The amount of actual damages resulting from Contractor's late or
untimely performance may be difficult to ascertain and both Parties
agree that the liquidated damaged assessed are reasonable and are not
a penalty.
B. All remedies for Contractor's late performance shall be nonexclusive
and cumulative without waiver of any other, and the City's Solid Waste
Director's election of one shall not preclude the City from pursuing any
other.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
C. Should Contractor fail to complete requirements set forth the Scope of
Work, the City will suffer damage, including but not limited to unsafe and
unsanitary conditions caused by the presence of disaster-generated debris,
which constitutes a danger to the health and safety of the general public.
Contractor shall pay the City, as liquidated damages, the following:
1 . $5,000.00 per calendar day of delay to mobilize in the City with
the required resources and equipment set forth in the Scope of
Work to begin debris removal operations within 12 hours of the
Notice to Proceed.
2. $2,500.00 per calendar day for failure to maintain at least 85%
of loading devices and hauling available for the Exigency
Periods as defined herein.
3. $1,000.00 per calendar day for failure to collect and haul to the
debris disposal site at least 10,000 cubic yards of disaster debris
per day. Weather related incidents will be considered.
4. $1,000.00 per load of disaster debris collected in the City that is
not disposed of at a City approved DMS or City approved Final
Disposal Site. Application of liquidated damaged does not release
the Contractor of all liability associated with hauling and depositing
material to an unauthorized location.
5. $500.00 per incident where the Contractor fails to repair
damages that are caused by the Contractor or
subcontractor(s). Application of liquidated damages does not
release the Contractor from the responsibility of resolving or
repairing damages.
6. $500.00 per calendar day of delay to complete the project by
the agreed upon project completion date.
7. $500.00 per calendar day of delay to remediate each DMS to
the original condition based on the completion date set forth
by the City and Contractor per DMS.
8. $100.00 per incident where the Contractor fails to provide
sufficient documentation to the City's Solid Waste Director to
support FEMA eligibility of the work performed. This liquidated
damage will only apply when the contract is activated for a
FEMA eligible disaster.
9. $10,000.00 per calendar day until final completion of services,
by either Contractor, City, or any third Party, where Contractor
abandons services or fails to complete the requirements of this
Agreement.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
D. The amounts specified above are mutually agreed upon as reasonable
and proper amount of damage the City should suffer by failure of the
Contractor to complete requirements set forth in the Scope of Work.
E. If the Contractor fails to achieve final completion within the time fixed
by the City's Solid Waste Director, Contractor shall pay the City the sum
set forth above as liquidated damages per day for each and every
calendar day of unexcused delay in achieving final completion beyond
the date set forth herein for final completion of services. Any sums due
and payable hereunder by the Contractor shall be payable, not as a
penalty, but as liquidated damages representing an estimate of delay
damages likely to be sustained by the City, estimated at or before the
time of executing this Contract. When the City's Solid Waste Director
reasonably believes that final completion will be inexcusably delayed,
the City's Solid Waste Director shall be entitled, but not required, to
withhold from any amounts otherwise due the Contractor an amount
then believed by the City to be adequate to recover liquidated
damages applicable to such delays. If and when the Contractor
overcomes the delay in achieving final completion, or any part thereof,
for which the City has withheld payment, the City shall promptly release
the Contractor those funds withheld, but no longer applicable, as
liquidated damages. Liquidated damages shall be deducted first from
any earned sums due to the Contractor.
Exhibits
• Exhibit A - Debris Management Zones
• Exhibit B - Location of Temporary Debris Staging and Reduction Site
(TDRS)
• Exhibit C - Clearing Priorities
• Exhibit D - Debris Classification
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
EXHIBIT A
E> D
_
.01
n
Ul• rvm
a
f yyyyyy
,.,�I
�un remmm mm, � a- 9 CO3
aw
„
CB
,:, '�� �,,;,����: ,,,,, „ <.. /// r �r //i✓/%//r/���jr/ ��j/�p�/iii /U// /i%�/�//i/�/�.//%//�j/i%� //� ��'
rJ �`
X c�-`'� Hurricane R11—avery Zones
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
1 G-—w,<.wm�
mow,
y iMU CES
Wd U�
Zane '1 -
vvr svc
1
m z s o
sn .. i
�...� Hurricane IMPIW,48covery Zones
j
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
...............
Phreres Bay,
Mid-
"x,7 z
T
Ge
tj
Zone 2
71
Foy
17
Ilk
R1, Mill D D D
z u-. - ca
2-
F „4Z
CD
w
Hurricane Recovery Zones
DocuSign Envelope ID: FCE133E62-E91D-4421-A026-90OF6228OE2B
r
Ntieces Ba,
j ,,;
JeAGNES
one 3
TI
IN-
-u• i � _ / � � � � t' � �/��i fir � ���
/-
- .. _... ` ; ,. �, r � I i�,✓'''� �,-- %/ iii �� i�i�i/ i,
it
t
i
(BEAR
1 ✓
CD
CD
4
... i /��i � r� •��.
/ l
i
it
t ci
....,,� Hurricane Idlecover y Zone
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
91�FENVVi ram
5
ell
71,
r- f
',-
_ � r
— a
...... -
r r/
r
/
r�
. "NW,
-77
/
r r r
iIT
r'�''
a.. �� ��. C> __�. ;-_....,.._ I�-.q"""_. � ;, r /rii/��/%r�r// i�;,✓/r// r/i�/�/%////���'/iiirir r rii � ,<
i
�� ........."� ELI
-c,
cFc¢x
o m J
�
m
r
o
o
CD40
s,
w Hurricane Recovery Zornes
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
r
> W1
TI-
r
v
1 �r, I
w,
"AYESa .
71
L
f _
A� .III 1... � 1� -. _
A jr
�. �� !f
II �1`F
I_:;
HART
_ r
FT
uv ... i / ....�
..� 'ly
Y
:..:c Y ..
!
Cni
-nom
l..I
x , ...p.
_ ��,. 1
7 I. s r "o
L L � � � I
r,In�'��rarr� 'T � ���
Ui-`f
,� '
_.
FF
�ROII,D FOE
-
� I�
r E
I
"0
1",
s m 3c sC HE
_ m
m
Hurricane Recovery► Zones
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
L�
_F71
c AD
n
GRAHAM RO__
HOLLY RD �'-D0N,PATR1C10 D
tl J
m '- I
DR10GE _ PIJ DII Da
- i.._4
GLEPVCrAl4 DR
CARIBBEAN DR
//O /
_ 0r
'
ViRAMFIELD OR
i/
[C
�KTOWN BLVD
o /
/
r
, r/ /�// ��� 1����/ � r���/// J i� ,i /,�
r .
s T
rnHurricane RE' CiVts1" ''V e+V
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
P
P
Pi
P'
P
P ;
P '
P
R
i
—Zone-6—
FI.—
Zones 5 ri.— i / ,/'ij' / i C//
{lii/�i/%%�� ����
'
OMNI
r
Ea U D i �;/ii
i�
>
W
Hurricane Recovery Zone
min,
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
EXHIBIT B
LOCATION OF TEMPORARY DEBRIS STAGING AND REDUCTION
(TDSR) SITES
Debris storage and reduction sites will be identified and evaluated by the City's
Solid Waste Director that is familiar with the area.
Temporary debris collection sites should be readily accessible by recovery
equipment and should not require extensive preparation or coordination for
use. Collection sites will be on public property when feasible to facilitate the
implementation of the mission and mitigate against any potential liability
requirements. Activation of sites will be under the control of the City's Solid Waste
Director and will be coordinated with other recovery efforts.
The following is a list of current temporary holding sites:
J. C. Elliott Transfer Station, 7001 Ayers St.
Cefe Valenzuela Landfill, 2397 County Road 20, Robstown, Texas
Westside Landfill Closed, 3702 Carbon Plant Rd. (Joe Fulton Highway & Hems Ferry
Rd. area)
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
EXHIBIT C
CLEARING PRIORITIES
The debris removal process must be initiated promptly and conducted in an
orderly, effective manner in order to protect public health and safety
following a major or catastrophic event. To achieve this objective, the first
priority will be to clear debris from key roads in order to provide access for
emergency vehicles and resources into the impacted area. Key roads in The
City of Corpus Christi are identified as follows:
Corpus Christi Police Department Locations:
Corona Sub 4510 Corona Dr.
Flour Bluff Sub 1456 Waldron Rd.
New Annaville Sub 1925 Tuloso Rd.
Old Annaville Sub 4100 Allison Rd.
Saratoga Sub (Gang Unit) 2230 Saratoga
Corpus Christi Fire Stations:
Station 1 - 514 Belden St.
Station 2 - 13421 Leopard St.
Station 3 - 1401 Morgan
Station 4-2338 Rodd Field Rd.
Station 5 - 3105 Leopard St.
Station 6 - 6713 Weber Rd.
Station 7- 3722 S. Staples St.
Station 8 - 4645 Kostoryz Rd.
Station 9 - 501 Navigation Blvd.
Station 10 - 1550 Horne Rd.
Station 11 - 910 Airline Rd.
Station 12-2120 Rand Morgan Rd.
Station 13 - 1802 Waldron Rd.
Station 14 - 5901 S. Staples. St.
Station 15- 14202 Commodores Dr.
Station 16 - 8185 State Gwt 361 , Port Aransas
Station 17 - 6869 Yorktown Blvd.
Station 18 - 6226 Ayers
Corpus Christi International Airport- 1000 International Dr.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
Corpus Christi Hospitals:
Christus Spohn Memorial 2606 Hospital Blvd.
Christus Spohn Shoreline 600 Elizabeth St. Christus Spohn South 5950 Saratoga
Blvd. CCMC Bay Area 7101 SPID
CCMC Doctors Regional 3315 South Alameda St.
Driscoll Children's Hospital 3533 South Alameda
Public Facilities:
City Hall 1201 Leopard St.
City Service Center 5352 Ayers St.
County Courthouse 901 Leopard St.
ON Stevens Water Plant 13101 Up River Rd
Wastewater/Sewage Treatment Facilities:
Greenwood Wastewater Treatment Plant 6541 Greenwood
Dr. Oso Wastewater Treatment Plant 501 Nile Dr.
Allison Wastewater Treatment Plant 4101 Allison Dr.
Broadway Wastewater Treatment Plant 1402 W.
Broadway Laguna Madre Wastewater Treatment
Plant 201 Jester St. Whitecap Wastewater Treatment
Plant 13409 Whitecap Blvd.
Other Facilities so designated by the City's Solid Waste Director.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
EXHIBIT D
DEBRIS CLASSIFICATION
To facilitate the debris management process, debris will be segregated by
type. It is recommended that the categories of debris established for recovery
operations will be standardized. The City will adopt the categories established
for recovery operations by the U.S. Army Corps of Engineers. Debris removed
will consist of two broad categories; clean wood debris and construction and
demolition debris. Most common hurricane- generated debris will consist of
30% clean woody material and 70% construction and demolition (C&D). Of
the 70% mixed C&D it is estimated 42%will be burnable but require sorting, 5%
will be soil, 15% will be metals, and 38% landfill.
Definition of classifications of debris are as follows:
Burnable Materials:
Burnable materials will be of two types with separate burn locations:
Burnable Debris:
Burnable debris includes, but is not limited to, damaged and disturbed trees;
bushes and shrubs; broken, partially broken, and severed tree limbs; and
bushes. Burnable debris consists predominately of trees and vegetation.
Burnable debris does not include garbage or construction and demolition
material debris.
Burnable Construction Debris:
Burnable construction and demolition debris consists of non-creosote
structural timber, wood products, and other materials designated by the
coordinating agency representative.
Non-burnable Debris:
Non-burnable construction and demolition debris includes, but is not limited
to, creosote timber, plastic, glass, rubber and metal products, sheet rock,
roofing shingles, carpet, tires, and other materials as may be designated by
the coordinating agency. Garbage will be considered non-burnable debris.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
RFR
Disaster Debris Clearing,Removal,and Disposal Services
ATTACHMENT B - PRICING SCHEDULE
STAGE 1
ITEM DEBRIS CLEARING SERVICES DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST
1 Emergency Road Clearance HR 70 375.00 26,250.00
Debris Removal from Water Bodies (Bays, 15.00
2 Rivers, Streams, Canals, Lakes) CY 1,000 15,000.00
Removal of Leaning Trees and Hanging 98.00 6,860.00
3 Limbs HR 70
4 Demolition of Structures HR 70 165.00 11,550.00
6 Skid-Steer Loader (equipment & labor HR 70 140.00 9,800.00
7 Bucket Truck (equipment & labor HR 70 190.00 13,300.00
Chipper Mulcher with 8" Throat (equipment 45.00 3,150.00
8 & labor) HR 70
Chipper Mulcher with 12" Throat (equipment 3,500.00
9 & labor HR 70 50.00
Crash Truck with Impact Attenuator 130.00 9,100.00
10 (equipment & labor) HR 70
Crew Foreman w/ Cell Phone and Pickup
11 Truck (equipment & labor) HR 70 70.00 4,900.00
Dozer Tracked D5 or Equivalent (equipment
12 & labor) HR 70 90.00 6,300.00
Dozer Tracked D6 or Equivalent (equipment
13 & labor) HR 70 95.00 6,650.00
Dozer Tracked D7 or Equivalent (equipment 10,150.00
14 & labor HR 70 145.00
Dozer Tracked D8 or Equivalent (equipment
15 & labor HR 70 190.00 13,300.00
Dump Truck 16- 20 CY capacity 165.00 11,550.00
16 1 (equipment & labor HR 70
Dump Truck 21 - 30 CY capacity 12,250.00
17 (equipment & labor) HR 70 175.00
Dump Truck 38 +/- CY capacity (equipment
18 & labor) HR 70 185.00 12,950.00
19 Generator 5.5 - 25 kw capacity HR 70 20.00 1,400.00
20 Generator 200- 250 kw capacity HR 70 40.00 2,800.00
21 Generator 2500 kw capacity HR 70 260.00 18,200.00
22 Light Plant with Fuel and Support HR 70 45.00 3,150.00
Grader w/12 Blade minimum 30,000 lbs. 160.00 11,200.00
23 (equipment & labor) HR 70
121
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
RFR
Disaster Debris Clearing,Removal,and Disposal Services
Hydraulic Excavator, 1.5 CY, including 165.00 1 1,550.00
24 equipment and labor HR 70
Hydraulic Excavator, 2.5 CY, including
25 equipment and labor HR 70 175.00 12,250.00
Knuckleboom Loader, including equipment 290.00
26 and labor HR 70 20,300.00
27 Chainsaw (equipment and labor) HR 70 55.00 3,850.00
Labor w/small tools Traffic Control Flag
28 Person HR 70 50.00 3,500.00
Lowboy Trailer w/Trackor, including 115.00 8,050.00
29 equipment and labor HR 70
30 1 Log Skidder, including equipment and labor HR 70 165.00 11,550.00
Mobile Crane up to 15 Ton, including
31 equipment and labor HR 70 145.00 10,150.00
Operations Managerw/Cell Phone and
32 Pickup and labor HR 70 80.00 5,600.00
Pump, 95 HP ( Minumum 25' Intake and 200'
Discharge to include fuel and Support 115.00 8,050.00
33 Personnel HR 70
Pump, 200 HP ( Minumum 25' Intake and
200' Discharge to include fuel and Support 195.00 13,650.00
34 Personnel HR 70
Pump, 650 HP ( Minumum 25' Intake and
200' Discharge to include fuel and Support 415.00 29,050.00
35 Personnel HR 70
Pickup Truck, 1/2 Ton, including equipment
36 and labor HR 70 20.00 1,400.00
Pickup Truck, 1 Ton, including equipment
25.00 1,750.00
37 1 and labor, as perspecification per hour HR 70
Skid-Steer Loader, 1,500 LB Operating
Capacity (w/ utility grapple), including 115.00 8,050.00
38 equipment and labor HR 70
Skid-Steer Loader, 2,500 LB Operating
Capacity (w/ utility grapple), including 145.00 10,150.00
39 equipment and labor HR 70
Soil Compactor 80 HP, including equipment
40 and labor HR 70 70.00 4,900.00
Soil Compactor 81 HP+, including
41 equipment and labor HR 70 80.00 5,600.00
Soil Compactor Towed Unit, including 8,400.00
42 equipment and labor HR 70 120.00
Stump Grinder 30" diameter or less, 135.00 9,450.00
43 including equipment and labor HR 70
122
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
RFR
Disaster Debris Clearing,Removal,and Disposal Services
Traffic Control Temporary single lane 15,050.00
44 Closure, includingequipment and labor HR 70 215.00
Tree Climber w/chainsaw and gear, 90.00 6,300.00
45 1 including equipment and labor HR 70
Truck Flatbed, including equipment and 60.00 4,200.00
46 labor HR 70
Tub Grinder 800 to 1,000 HP, including
47 equipment and labor HR 70 490.00 34,300.00
Waste Collection Rear Loader Truck, 160.00 11,200.00
48 including equipment and labor HR 70
Water Truck , 2,500 gal (Non-Potable, Dust
Control and Pavement Maintenance), 115.00 8,050.00
49 including equipment and labor HR 70
Wheel Loader 2.5 CY, 950 or equivalent, 190.00 13,300.00
50 including equipment and labor HR 70
Wheel Loader 3.5 to 4 CY, 966 or equivalent,
195.00 13,650.00
51 including equipment and labor HR 70
Wheel Loader 4.5 CY, 980 or equivalent, 16,450.00
52 including equipment and labor HR 70 235.00
Wheel Loader-Backhoe 1.0-1.5 CY,
53 including equipment and labor HR 70 145.00 10,150.00
Air Curtain Pit Burner, including equipment
54 and labor HR 70 75.00 5,250.00
Air Curtain Refactory, Incinerator, including 85.00 5,950.00
55 1 equipment and labor HR 70
Subtotal for items 1 - 55 544,410.00
STAGES 2 & 3
DEBRIS REMOVAL & DISPOSAL
ITEM SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST
56 TDSR Site Peparation and Management LS 1 4,500.00 4,500.00
57 TDSR Site Closure LS 1 8,500.00 8,500.00
Debris Removal from Public Property or
maintained Public Rights of Way and Haul 6.25 25,000,000.00
to a designated TDSR site or Final Disposal
58 Site 0 to 15 miles (one-way) CY 4,000,000
Debris Removal from Public Property or
maintained Public Rights of Way and Haul 6.45 25,800,000.00
to a designated TDSR site or Final Disposal
59 Site 16 to 30 miles (one-way) CY 4,000,000
123
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
RFR
Disaster Debris Clearing,Removal,and Disposal Services
Debris Removal from Public Property or
maintained Public Rights of Way and Haul
to a designated TDSR site or Final Disposal 6.75 27,000,000.00
60 Site 31 to 60 miles (one-way) CY 4,000,000
Debris Removal from Temporary Debris
Storage and Reduction Site (TDSRS) and
Hauling to Final Disposal Site 0 tol 5 one way 2.45 9,800,000.00
61 miles CY 4,000,000
Debris Removal from Temporary Debris
Storage and Reduction Site (TDSRS) and
Hauling to Final Disposal Site 16 to 30 one 2.70 10,800,000.00
62 way miles CY 4,000,000
Debris Removal from Temporary Debris
Storage and Reduction Site (TDSRS) and
Hauling to Final Disposal Site 31 to 60 one 2.90 1 1,600,000.00
63 way miles CY 4,000,000
Vegetative Debris Removal from Public
Property or maintained Public Rights of Way
and Haul to a designated TDSR site or Final 8.25 990,000.00
64 1 Disposal Site 0 to 15 miles (one-way) CY 120,000
Vegetative Debris Removal from Public
Property or maintained Public Rights of Way
and Haul to a designated TDSR site or Final 8.25 990,000.00
65 Disposal Site 16 to 30 miles (one-way) CY 120,000
Vegetative Debris Removal from Public
Property or maintained Public Rights of Way
and Haul to a designated TDSR site or Final 8.25 990,000.00
66 1 Disposal Site 31 to 60 miles (one-way) CY 120,000
Vegetative Debris Removal from Temporary
Debris Storage and Reduction Site (TDSRS)
and Hauling to Final Disposal Site 0 tol5 one 3.00 360,000.00
67 way miles CY 120,000
Vegetative Debris Removal from Temporary
Debris Storage and Reduction Site (TDSRS)
and Hauling to Final Disposal Site 16 to 30 3.25 390,000.00
68 1 one way miles CY 120,000
Vegetative Debris Removal from Temporary
Debris Storage and Reduction Site (TDSRS)
and Hauling to Final Disposal Site 31 to 60 3.50 420,000.00
69 one way miles CY 120,000
Hauling of White Goods such as:
Refrigerators, Washer, Dryers, Freezers, Air
Conditioners, Stoves, Water Heaters and 25.00 7,500.00
Dishwashers to a designated TDSR Site for
70 recycling EA 300
124
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
RFR
Disaster Debris Clearing,Removal,and Disposal Services
Refridgerators, Freezers and Air Conditioners
requiring refridgerant recovery 50.00 5,000.00
71 management and decontamination EA 100
Hauling and Disposal of Damaged
Electronics such as televisions, computer
hardware, microwaves, radios, stereos, DVD 20.00 10,000.00
72 players and telephones. EA 500
75 Pick up and Disposal of Hazardous Material LB 1,000,000 .25 250,000.00
Dead Carcasses Collection, Transportation 8.00 8,000.00
76 and Disposal LB 1,000
Hazardous Stump Removal & Hauling to
Disposal Site per cubic yard according to
stump conversion table attachment E 47.00 35,250.00
77 (includes backfilling of stump holes) CY 750
Removal and disposal of hazardous trees 6'
TO 12.99" in diameter and hauling to TDRS or 175.00 87,500.00
78 designated final disposal site. EA 500
Removal and disposal of hazardous trees
13" TO 24.99" in diameter and hauling to 185.00 46,250.00
79 TDRS or designated final disposal site. EA 250
Removal and disposal of hazardous trees
25" TO 36.99" in diameter and hauling to 195.00 97,500.00
80 TDRS or designated final disposal site. EA 500
Removal and disposal of hazardous trees
37" TO 48.99" in diameter and hauling to 50,000.00
81 TDRS or designated final disposal site. EA 250 200.00
Removal and disposal of hazardous trees
49" and larger in diameter and hauling to 210.00 21,000.00
82 TDRS or designated final disposal site. EA 100
Temporary Debris Staging and Reduction
Site Operation, debris acceptance and pile 10 400,000.00
83 management CY 4,000,000
Volume reduction of debris through grinding
84 and or chipping CY 1,000,000 3.50 3,500,000.00
Volume reduction of debris through air
85 incineration CY 1,000,000 1.90 1,900,000.00
86 Baseline soil sampling (Pre & Post-use) EA 40 125.00 5,000.00
87 Groundwater sampling Per & Post-use EA 20 250.00 5,000.00
Subtotal for items 56 - 87 120,581,000.0
STAGE 4
ITEM HTRW SERVICES DESCRIPTION UNIT QTY UNIT COST TOTAL COST
Removal and Hauling of Hazardous Waste 100.00
88 to Processing Site 0 to 15 miles Miles 10 10.00
125
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
RFR
Disaster Debris Clearing,Removal,and Disposal Services
Removal and Hauling of Hazardous Waste
89 to ProcessingSite 16 to 30 miles Miles 20 20.00 400.00
Removal and Hauling of Hazardous Waste 900.00
90 to ProcessingSite 31 to 60 miles Miles 30 30.00
Waste Categorization Sampling and
91 Analysis LS 1 500.00 500.00
Liquid Waste Disposal in 55 gallon drums 100.00 30,000.00
92 usingincineration method of disposal EA 300
Liquid Waste Disposal in 55 gallon drums 8,000.00
93 using injection method of disposal EA 40 200.00
Liquid Waste Disposal in 2,800 Gallon
Vacuum Truck using injection method of
94 disposal EA 4 850.00 3,400.00
Liquid Waste Disposal in 2,800 Gallon
Vacuum Truck using incineration method of
850.00 3,400.00
96 disposal EA 4
Dry Harzardous Waste Disposal- Roll-of Box
for disposal at Landfill (TOTAL CAPACITY 1 .00 20.00
97 200,000 POUNDS) LB 20
98 Accident Spill Kits EA 10 175.00 1,750.00
99 Manifest Preparation EA 1 10 1 200.00 2,000.00
Subtotal for items 88 - 99 50,470.00
CONTRACTOR PERSONNEL
ITEM ADMINISTRATIVE PERSONNEL UNIT QTY UNIT COST TOTAL COST
100 Senior Project Coordinator HR 8 70.00 560.00
101 Field Project Manager HR 8 70.00 560.00
102 Program/Documentation Manager HR 8 70.00 560.00
COLLECTION SITE MANAGEMENT PERSONNEL HR 8 60.00 480.00
103 Field Project Supervisor HR 8 70.00 560.00
104 Safety Manager HR 8 70.00 560.00
105 Debris Reduction Manager HR 8 60.00 480.00
106 Chemist HR 8 85.00 680.00
Waste Pickup Crew Hazardous Material 60.00
107 HM Field Technician HR 8 480.00
Waste Separation Crew HM Field
60.00 480.00
108 Technicians HR g
Subtotal for Items 100 - 108 5,400.00
Grand Total for items 1 - 108 121,181,280.00
Grand Total reflects the annual contract amount
126
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
ATTACHMENT C - INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability $1 ,000,000 Per Occurrence
Including:
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
(Including Cleanup and Remediation)
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination
of coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2022 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services -Services Performed Onsite - Pollution
10/06/2022 Risk Management - Legal Dept.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
ATTACHMENT D - WARRANTY REQUIREMENTS
There are no warranty requirements for this Service Agreement.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
ATTACHMENT E:
FEDERAL REQUIREMENTS
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E213
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Section No. Title
FR-F01 Access to Records
FR-F02 Breach of Contract
FR-F03 Byrd Anti-Lobbying Amendment
FR-F04 Clean Air Act and the Federal Water Pollution Control Act
FR-F05 Compliance with Federal Law, Regulations, and Executive Orders
FR-F06 Contract Work hours and Safety Standards Act
FR-F07 Copeland "Anti-Kickback" Act (Construction Only)
FR-F08 Davis-Bacon Act (Construction Only)
FR-F09 Debarment and Suspension
FR-F10 DHS Seal, Logo and Flags
FR-F11 Equal Employment Opportunity (Construction Only)
FR-F12 No Obligation by Federal Government
FR-F13 Procurement of Recovered Materials
FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts
FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public
Assistance Contracts)
FR-F16 Termination for Cause and Convenience
END OF TABLE OF CONTENTS
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F01
ACCESS TO RECORDS
Access to Records. The following access to records requirements apply to this contract:
(1) The Contractor agrees to provide the City, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
Reference: DHS Standard Terms and Conditions, v 3.0, ¶ XXVI (2013)
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F02
BREACH OF CONTRACT
Any violation or breach of terms of this Contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this Contract or such other
action that may be necessary to enforce the rights of the parties of this agreement.
City will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the
Contract. City reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the City elects to terminate the Contract. The City's
notice will identify a specific date by which the Contractor must correct the breach. City
may proceed with termination of the Contract if the Contractor fails to correct the breach
by deadline indicated in the City's notice.
The duties and obligations imposed by the Contract documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II(A)
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F03
BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
Reference: 31 U.S.C. § 1352 (as amended)
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F04
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et
seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
Reference: 2 CFR § 200, Appendix II¶ (G)
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
FEDERAL REQUIREMENTS: FR-F05
COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
Reference: FEMA requirement
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F06
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(1) of this section, in the sum of$10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such contract or
any other Federal contract with the same prime Contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through (4) of this section.
Reference: 29 CFR § 5.5(b)
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F07
COPELAND "ANTI-KICKBACK" ACT
NOT APPLICABLE TO THIS CONTRACT
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F08
DAVIS - BACON REQUIREMENTS
NOT APPLICABLE TO THIS CONTRACT
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F09
DEBARMENT AND SUSPENSION
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by (insert name of
subrecipient). If it is later determined that the Contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to (name of state agency serving as recipient and name of subrecipient),
the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Reference: 2 CFR part 180, 2 CFR part 3000
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F10
DHS SEAL, LOGO AND FLAGS
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre- approval.
Reference: DHS Standard Terms and Conditions, v.3.0 ¶ XXV (2013)
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
FEDERAL REQUIREMENTS: FR-F11
EQUAL EMPLOYMENT OPPORTUNITY
NOT APPLICABLE TO THIS CONTRACT
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
FEDERAL REQUIREMENTS: FR-F12
NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any
matter resulting from the contract.
Reference: FEMA requirement
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F13
PROCUREMENT OF RECOVERED MATERIALS
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA- designated items unless
the product cannot be acquired
(i) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Reference: 2 CFR § 200.322 and 40 CFR part 247
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
FEDERAL REQUIREMENTS: FR-F14
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED
ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
Reference: 31 U.S.C. Chap. 38
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
FEDERAL REQUIREMENTS: FR-F15
RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT
NOT APPLICABLE TO THIS CONTRACT
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
FEDERAL REQUIREMENTS: FR-F16
TERMINATION FOR CAUSE AND CONVENIENCE
Termination for Cause:
(a)
(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of
default to the Contractor, terminate this contract in whole or in part if the Contractor fails
to -
(i) Deliver the supplies or to perform the services within the time specified in this contract
or any extension;
(ii) Make progress, so as to endanger performance of this contract (but see subparagraph
(a)(2) below); or
(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2)
below).
(2) The Government's right to terminate this contract under subdivisions (1)(ii) and (1)(iii)
above, may be exercised if the Contractor does not cure such failure within 10 days (or
more if authorized in writing by the Contracting Officer) after receipt of the notice from the
Contracting Officer specifying the failure.
(b) If the Government terminates this contract in whole or in part, it may acquire, under
the terms and in the manner the Contracting Officer considers appropriate, supplies or
services similar to those terminated, and the Contractor will be liable to the Government
for any excess costs for those supplies or services. However, the Contractor shall
continue the work not terminated.
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for
any excess costs if the failure to perform the contract arises from causes beyond the
control and without the fault or negligence of the Contractor. Examples of such causes
include (1) acts of God or of the public enemy, (2) acts of the Government in either its
sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine
restrictions (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each
instance the failure to perform must be beyond the control and without the fault or
negligence of the Contractor.
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if
the cause of the default is beyond the control of both the Contractor and subcontractor,
and without the fault or negligence of either, the Contractor shall not be liable for any
excess costs for failure to perform, unless the subcontracted supplies or services were
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
obtainable from other sources in sufficient time for the Contractor to meet the required
delivery schedule.
(e) If this contract is terminated for default, the Government may require the Contractor
to transfer title and deliver to the Government, as directed by the Contracting Officer, any
(1) completed supplies, and (2) partially completed supplies and materials, parts, tools,
dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred
to as manufacturing materials in this clause) that the Contractor has specifically produced
or acquired for the terminated portion of this contract. Upon direction of the Contracting
Officer, the Contractor shall also protect and preserve property in its possession in which
the Government has an interest.
(f) The Government shall pay contract price for completed supplies delivered and
accepted. The Contractor and Contracting Officer shall agree on the amount of payment
for manufacturing materials delivered and accepted and for the protection and
preservation of the property. Failure to agree will be a dispute under the Disputes clause.
The Government may withhold from these amounts any sum the Contracting Officer
determines to be necessary to protect the Government against loss because of
outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the Contractor was not in default, or that the
default was excusable, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Government.
(h) The rights and remedies of the Government in this clause are in addition to any other
rights and remedies provided by law or under this contract.
Termination for Convenience:
(a) The Government may terminate performance of work under this contract in whole or,
from time to time, in part if the Contracting Officer determines that a termination is in the
Government's interest. The Contracting Officer shall terminate by delivering to the
Contractor a Notice of Termination specifying the extent of termination and the effective
date.
(b) After receipt of a Notice of Termination, and except as directed by the Contracting
Officer, the Contractor shall immediately proceed with the following obligations,
regardless of any delay in determining or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for
materials, services, or facilities, except as necessary to complete the continued portion
of the contract.
(3) Terminate all subcontracts to the extent they relate to the work terminated.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and
interest of the Contractor under the subcontracts terminated, in which case the
Government shall have the right to settle or to pay any termination settlement proposal
arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting Officer, settle all
outstanding liabilities and termination settlement proposals arising from the termination
of subcontracts; the approval or ratification will be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the Government (i)
the fabricated or unfabricated parts, work in process, completed work, supplies, and other
material produced or acquired for the work terminated, and (ii) the completed or partially
completed plans, drawings, information, and other property that, if the contract had been
completed, would be required to be furnished to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer may direct, for
the protection and preservation of the property related to this contract that is in the
possession of the Contractor and in which the Government has or may acquire an
interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any
property of the types referred to in subparagraph (b)(6) of this clause; provided, however,
that the Contractor(i) is not required to extend credit to any purchaser and (ii) may acquire
the property under the conditions prescribed by, and at prices approved by, the
Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce
any payments to be made by the Government under this contract, credited to the price or
cost of the work, or paid in any other manner directed by the Contracting Officer.
(c) The Contractor shall submit complete termination inventory schedules no later than
120 days from the effective date of termination, unless extended in writing by the
Contracting Officer upon written request of the Contractor within this 120-day period.
(d) After expiration of the plant clearance period as defined in subpart 49.001 of the
Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a
list, certified as to quantity and quality, of termination inventory not previously disposed
of, excluding items authorized for disposition by the Contracting Officer. The Contractor
may request the Government to remove those items or enter into an agreement for their
storage. Within 15 days, the Government will accept title to those items and remove them
or enter into a storage agreement. The Contracting Officer may verify the list upon
removal of the items, or if stored, within 45 days from submission of the list, and shall
correct the list, as necessary, before final settlement.
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
(e) After termination, the Contractor shall submit a final termination settlement proposal
to the Contracting Officer in the form and with the certification prescribed by the
Contracting Officer. The Contractor shall submit the proposal promptly, but no later than
1 year from the effective date of termination, unless extended in writing by the Contracting
Officer upon written request of the Contractor within this 1-year period. However, if the
Contracting Officer determines that the facts justify it, a termination settlement proposal
may be received and acted on after 1 year or any extension. If the Contractor fails to
submit the proposal within the time allowed, the Contracting Officer may determine, on
the basis of information available, the amount, if any, due the Contractor because of the
termination and shall pay the amount determined.
(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may
agree upon the whole or any part of the amount to be paid or remaining to be paid
because of the termination. The amount may include a reasonable allowance for profit on
work done. However, the agreed amount, whether under this paragraph (f) or paragraph
(g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not
exceed the total contract price as reduced by(1)the amount of payments previously made
and (2) the contract price of work not terminated. The contract shall be modified, and the
Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or
affect the amount that may be agreed upon to be paid under this paragraph.
(g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be
paid because of the termination of work, the Contracting Officer shall pay the Contractor
the amounts determined by the Contracting Officer as follows, but without duplication of
any amounts agreed on under paragraph (f) of this clause:
(1) The contract price for completed supplies or services accepted by the Government (or
sold or acquired under subparagraph (b)(9) of this clause) not previously paid for,
adjusted for any saving of freight and other charges.
(2) The total of-
(i) The costs incurred in the performance of the work terminated, including initial costs
and preparatory expense allocable thereto, but excluding any costs attributable to
supplies or services paid or to be paid under subparagraph (g)(1) of this clause;
(ii) The cost of settling and paying termination settlement proposals under terminated
subcontracts that are properly chargeable to the terminated portion of the contract if not
included in subdivision (g)(2)(i) of this clause; and
(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the Contracting
Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this
contract, to be fair and reasonable; however, if it appears that the Contractor would have
sustained a loss on the entire contract had it been completed, the Contracting Officer
DocuSign Envelope ID: FCEB3E62-E91D-4421-A026-900F62280E2B
shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect
the indicated rate of loss.
(3) The reasonable costs of settlement of the work terminated, including -
(i) Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination settlement proposals and supporting data;
(ii) The termination and settlement of subcontracts (excluding the amounts of such
settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of the termination inventory.
(h) Except for normal spoilage, and except to the extent that the Government expressly
assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable
to the Contractor under paragraph (g) of this clause, the fair value as determined by the
Contracting Officer, for the loss of the Government property.
(i) The cost principles and procedures of part 31 of the Federal Acquisition Regulation, in
effect on the date of this contract, shall govern all costs claimed, agreed to, or determined
under this clause.
(j) The Contractor shall have the right of appeal, under the Disputes clause, from any
determination made by the Contracting Officer under paragraph (e), (g), or (1) of this
clause, except that if the Contractor failed to submit the termination settlement proposal
or request for equitable adjustment within the time provided in paragraph (e) or (1),
respectively, and failed to request a time extension, there is no right of appeal.
(k) In arriving at the amount due the Contractor under this clause, there shall be deducted
(1) All unliquidated advance or other payments to the Contractor under the terminated
portion of this contract;
(2) Any claim which the Government has against the Contractor under this contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things
acquired by the Contractor or sold under the provisions of this clause and not recovered
by or credited to the Government.
(1) If the termination is partial, the Contractor may file a proposal with the Contracting
Officer for an equitable adjustment of the price(s) of the continued portion of the contract.
The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal
by the Contractor for an equitable adjustment under this clause shall be requested within
DocuSign Envelope ID: FCEB3E62-E91 D-4421-A026-90OF6228OE2B
90 days from the effective date of termination unless extended in writing by the
Contracting Officer.
(m)
(1) The Government may, under the terms and conditions it prescribes, make partial
payments and payments against costs incurred by the Contractor for the terminated
portion of the contract, if the Contracting Officer believes the total of these payments will
not exceed the amount to which the Contractor will be entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor
shall repay the excess to the Government upon demand, together with interest computed
at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2).
Interest shall be computed for the period from the date the excess payment is received
by the Contractor to the date the excess is repaid. Interest shall not be charged on any
excess payment due to a reduction in the Contractor's termination settlement proposal
because of retention or other disposition of termination inventory until 10 days after the
date of the retention or disposition, or a later date determined by the Contracting Officer
because of the circumstances.
(n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain
all records and documents relating to the terminated portion of this contract for 3 years
after final settlement. This includes all books and other evidence bearing on the
Contractor's costs and expenses under this contract. The Contractor shall make these
records and documents available to the Government, at the Contractor's office, at all
reasonable times, without any direct charge. If approved by the Contracting Officer,
photographs, microphotographs, or other authentic reproductions may be maintained
instead of original records and documents.
Reference: 48 CFR 52.249; 2 CFR § 200 Appendix II(B)