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HomeMy WebLinkAboutC2023-045 - 3/21/2023 - Approved DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 113S c SERVICE AGREEMENT NO. 4298 CONSULTING AND MONITORING SERVICES FOR STORM f�'aanwo�alev 1852 DEBRIS REMOVAL THIS Consulting and Monitoring Services for Storm Debris Removal Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Tetra Tech, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Consulting and Monitoring Services for Storm Debris Removal in response to Request for Bid/Proposal No. 4298 ("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 Consulting and Monitoring for Storm Debris Removal ("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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 3. Compensation and Payment. This Agreement is for an amount not to exceed $948,200.00, 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 bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form - Federal Funding Page 2 of 8 DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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: Tetra Tech, Inc. Service Agreement Standard Form - Federal Funding Page 4 of 8 DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 Attn: Jonathan Burgiel Title: Business Unit President Address: 1500 City West Blvd., Suite 1000, Houston, Texas 77042 Phone: 321-441-8511 Fax: 321-441-8501 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 CONTRACT Rc.S;gnedby: Signature: �6A hitt Printed Name: Jonathan Burgiel Title: Business unit President Date: 2/17/2023 M2023-037 Authorized By CI o g(;,QRPUS CHRISTI 3-21-2023 �� Council Josh Chronley °S Assistant Director of Finance — Procurement Date: 4/3/2023 APP�� V�� AS TO LEGAL FORM ATTF�SocuTsignby t.. � a iK,U, 91(m&—w 3/31/2023 AssistantCity Attorney Date Rebecca Huertan City Secretary 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 1 : RFB/RFP No. 4298 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 8 of 8 DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 ATTACHMENT A - SCOPE OF WORK General Requirements A. Background 1. The Contractor shall provide all services related to debris monitoring for all debris management activities in accordance with the applicable Federal, State and local regulations, as applicable, 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. 2. It is the City's intent to have a primary Contractor manage the debris monitoring services which include, but are not limited to, monitoring the following - field operations regarding all storm generated debris; debris pickup: debris hauling, debris staging and reduction, temporary debris storage site management, debris management, and final disposal of debris to an approved site. 3. The Contractor must have established management teams, an established network of resources to provide the necessary equipment and personnel, comprehensive debris monitoring service and Public Assistance Consulting Services in major disaster recovery projects. 4. The contract will be activated only in the face of an 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. 5. The contract is for a five-year term with annual recertification of Contractor capabilities for years two through five. 6. The Contractor shall be required to participate in annual City-directed disaster recovery training and/or exercises at no cost to the City. Contractor shall provide a 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. Debris monitoring documentation is critical to verify that debris operations meet all FEMA Public Assistance policies and guidelines, costs are reasonable, «1 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 quantification of the debris is accurate, and the tracking of the debris to its final location is recorded and in compliance with all regulatory requirements. Contractor may be utilized to monitor and document non-declared events as well. B. The City requires Contractor to understand FEMA Public Assistance policies and guidelines, including eligibility issues and specifically those relating to debris. C. Contractor shall handle the monitoring of debris removal for all types and sizes of disasters. This can include a localized event where there is one type of debris, a significant event that includes a Catastrophic Event where the entire City is affected and there are multiple types of debris that will need to be removed. D. Monitoring debris removal work involves constant observation of crews to ensure that workers are performing eligible work in accordance with FEMA Public Assistance guidelines and all applicable Federal, State and local regulations. Failure to properly monitor and document debris removal operations may jeopardize FEMA Public Assistance. The City reserves the right to withhold payment for improperly performed services pending a review of pertinent documentation and actions. E. Contractor shall provide a wide range of services including, but not limited to the following: • Damage assessment • Training • Emergency planning • Infrastructure restoration • Communication with FEMA, FHWA (Federal Highway Administration), State of Texas and other State and Federal Agencies • Coordinate with State Insurance representatives • Reimbursement services F. Contractor must be prepared to deploy debris monitoring within twenty-four (24) hours from the notice to proceed. When additional debris monitoring is needed to meet the requirements of the monitoring contract, proposer shall be prepared to increase the number of debris monitors for the City. Work Site and Conditions A. The Contractor shall be responsible for monitoring debris and waste removal and disposal operations performed by the Debris Management provider relative to: «2 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 • City streets, roads and right-of-way's • Streets, roads and right-of-way's of all municipalities and communities, incorporated and unincorporated, and rural areas within the City, unless otherwise directed by the City • Canals, waterways, and right-of-way's of all municipalities and communities, incorporated and unincorporated, and rural areas within the City, unless otherwise directed by the City • Public property and facilities • Any other public site as may be directed by the City • Private property when necessary to protect the public (life safety) or to facilitate completion of required work, provided that entry onto private property is specifically authorized by the Solid Waste Director B. Debris monitoring considerations and responsibilities may vary depending on the type of debris being removed and may include: • Vegetative debris • Hazardous waste • Household hazardous waste • Electronic waste • White goods • Soil, mud, and sand • Vehicles and vessels • Animal carcasses or other fleshy organic matter • Infectious waste • Chemical, biological, radiological and nuclear-contaminated debris • Construction and demolition (C&D) debris C. The Contractor shall be responsible for maintaining records, developing worksheets and other required documentation which will be required by FEMA, and any other applicable agency for disaster recovery efforts. This shall include, but is not limited to, receiving a copy of all invoices from the disposal facility, supported by scale and/or load tickets issued by the disposal facility, and proof of payment by the Debris Management firm to the disposal facility. D. The Contractor shall be responsible for verifying that only eligible debris is removed from initial sites, then transported to Temporary Debris Staging and Reduction (TDSRS) sites where all debris is to be appropriately segregated and processed, reduced and then loaded appropriately (and not artificially - e.g. debris is wetted, fluffed or not compacted), and finally transported to the disposal facility for weighting and receiving. Verification that hazardous wastes have not been mixed into loads will be required. Contract shall be responsible for ensuring each load can be claimed based on established criteria, and mark «3 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 load tickets ineligible if they do not meet FEMA Public Assistance policies and guidelines. Contract shall also possess the ability to estimate in cubic yards (CY) debris to be removed for the disposal facility, and assist in measuring the debris in all debris hauling trucks and trailers, if needed. E. The Contractor shall be responsible for overseeing all operations at the TDSRS sites, making sure that all local, state, and federal regulations are followed. All safety precautions are to be taken into account and followed as well. F. Contractor shall utilize drones to capture images of exiting debris in the City's Right-of-Way (ROW) to effectively manage debris removal.The usage of drones shall require to be incompliance with state and federal regulations. Special Instructions A. The Contractor shall be responsible for maintaining records, developing worksheets and other required documentation which will be required by FEMA, and any other applicable agency for disaster recovery efforts.This shall include, but is not limited to, receiving a copy of all invoices from the disposal facility, supported by scale and/or load tickets issued by the disposal facility, and proof of payment by the Debris Management firm to the disposal facility. B. The Contractor shall be responsible for verifying that only eligible debris is removed from initial sites, then transported to Temporary Debris Staging and Reduction (TDSRS) sites where all debris is to be appropriately segregated and processed, reduced and then loaded appropriately (and not artificially-e.g. debris is wetted, fluffed or not compacted), and finally transported to the disposal facility for weighting and receiving. Verification that hazardous wastes have not been mixed into loads will be required. Contract shall be responsible for ensuring each load can be claimed based on established criteria, and mark load tickets ineligible if they do not meet FEMA Public Assistance policies and guidelines. Contract shall also possess the ability to estimate in cubic yards (CY) debris to be removed for the disposal facility and assist in measuring the debris in all debris hauling trucks and trailers, if needed. 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 «4 OF 16» Do Sh,Envelope ID'.A]AFFF8A-BA4]4F52-82AC9FCD2]215D26 —'--'----"-- -- -- -- — -- "" N EXHIBIT A i /,;:.. 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M1aw n�ew+uy,�w�'%ax..wwmwyo�w,.m"ww' :�High 51 Is b n Oftr6Ij0N8pvepaWptp,T,e@lmapt Plant TII L EI ted St rage Tanks Dapeory Pump Stabo"e C WAS E/R «11oF1s» r Miles ZONE D—Sign Envelope ID'.A]AFFFBA-BA414F52-82AC-9FCD27215D26 /iii/ ;r/// r ✓iii//i .r /i r//!//// /oi/�r//... � ���// �// ///// �/1/ /i///// // ��%i�. lv�„ /i, ,,; /i - // - / "Mr/,/ / t r% / lire I / n / tw rml"b Elm J, gM1 Ilb ECC&Fire DeparEment .j >S C)Gas Department Water Department a �.. Airport Hospitals "p" N a High Schools wuwd �AiIpN Stevens Wafer Treatment Plant � �� "0 p' Elevated Storage Tanks Capacity Pump Stations � �WATER 0 0.5 1 2 _ u -120F Miles Miles ZONE 7 DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 EXHIBIT B Location of Temporary Debris Staging and Reduction (TDSR) Sites Debris storage and reduction sites will be identified and evaluated by Solid Waste Operation and Engineering staff 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 Director Solid Waste Operations, and will be coordinated with other recovery efforts. The following is a list of current temporary holding sites: 1 . J. C. Elliott Transfer Station, 7001 Ayers St. 2. Cefe Valenzuela Landfill, 2397 County Road 20, Robstown, Texas 3. Westside Landfill Closed, 3702 Carbon Plant Rd. (Joe Fulton Highway & Herns Ferry Rd. area) «13 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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: 1 . Corpus Christi Police Department a. Corona Sub 4510 Corona Dr. b. Flour Bluff Sub 1456 Waldron Rd c. New Annaville Sub 1925 Tuloso Rd d. Old Annaville Sub 4100 Allison Rd e. Saratoga Sub (Gang Unit) 2230 Saratoga 2. Corpus Christi Fire Stations a. Station 1 — 514 Belden St b. Station 2 - 13421 Up River Rd c. Station 3 — 1401 Morgan Ave d. Station 4 — 2338 Rodd Field Rd. e. Station 5 - 3312 Leopard St. f. Station 6 - 6713 Weber Rd. g. Station 7 - 3722 S. Staples St. h. Station 8 - 4645 Kostoryz Rd. i. Station 9 - 501 Navigation Blvd. j. Station 10 - 1550 Horne Rd. k. Station 11 - 910 Airline Rd. I. Station 12 - 2120 Rand Morgan Rd. m. Station 13 - 1802 Waldron Rd. n. Station 14 - 5901 S. Staples. St. o. Station 15 - 14202 Commodores Dr. p. Station 17 — 6869 Yorktown Blvd q. Station 18 — 6226 Ayers 3. Corpus Christi International Airport - 1000 International Dr. «14 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 4. Corpus Christi Hospitals a. Christus Spohn Memorial 2606 Hospital Blvd b. Christus Spohn Shoreline 600 Elizabeth St. c. Christus Spohn South 5950 Saratoga Blvd. d. CCMC Bay Area 7101 SPID e. CCMC Doctors Regional 3315 South Alameda St. f. Driscoll Children's Hospital 3533 South Alameda 5. City Hall 1201 Leopard St. 6. City Service Center 5352 Ayers St. 7. County Courthouse 901 Leopard St. 8. ON Stevens Water Plant 13101 Up River Rd 9. Wastewater/Sewage Treatment Facilities a. Greenwood Wastewater Treatment Plant 6541 Greenwood Dr. b. Oso Wastewater Treatment Plant 501 Nile Dr. c. Allison Wastewater Treatment Plant 4101 Allison Dr. d. Broadway Wastewater Treatment Plant 1402 W. Broadway e. Laguna Madre Wastewater Treatment Plant 201 Jester St. f. Whitecap Wastewater Treatment Plant 13409 Whitecap Blvd. 10. Other Facilities so designated by the Director of Solid Waste Operations or CMC. «15 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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% 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. «16 OF 16» DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 ause� ATTACHMENT B - PRICING SCHEDULE w CITY OF CORPUS CHRISTI HPricing Form CONTRACTS AND PROCUREMENT 1852 RFP 4298 CONSULTING AND MONITORING SERVICES FOR STORM DEBRIS REMOVAL PAGE 1 OF 3 DATE: 8/16/2022 Tetra Tech, Incur b .-- PROPOSER A T ORIZED SIGN RE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 PAGE 2 of 3 ITEM POSITIONS EST. HRS HOURLY RATEI TOTALS DEBRIS MONITORING PROGRAM HOURLY RATES 1 Field Project Manager 1000 $60.00 $ 60,000.00 2. Field Supervisor 2100 $45.00 $ 94,500.00 3. Project Coordinator 1300 s32.00 s41,600.00 4. Disposal Site Monitor 1800 s37.00 $ 66,600.00 5. Data Manager 1300 s55.00 $ 71,500.00 6. Billing/Invoice Analyst 100 $60.00 $ 6,000.00 7- GIS Analyst 5 $ 75.00 $ 375.00 8. Operations Manager 200 $ 75.00 $ 15,000.00 9. Collection Monitor 13500 $37.00 $ 499,500.00 10. Drones to Capture Images of ROW 5 $ 75.00 $ 375.00 FEMA PUBLIC ASSISTANCE CONSULTING SERVICES HOURLY RATE 11 . Supervising Consultant 100 $ 140.00 $ 14,000.00 12. Administrative Assistant 1000 $ 59.00 $ 59,000.00 13. 1Other Consultant/Monitoring Positions 250 $ 79.00 $ 19,750.00 NOTE: ESTIMATED HOURS LISTED ABOVE ARE STRICTLY GRAND TOTA9 $ 948,200.00 FOR EVALUATION PURPOSES ONLY. DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 PAGE 3of3 Additional Rates Based on the City's Scope of Work, various grant management and/or disaster recovery consulting roles may be needed following activation. In the interest of providing the City with all needed services under one roof, we have provided a rate schedule for additional positions that may be required to fulfill the areas ofthe scope of work outside of debris monitoring.If the City requires additional information,it can be provided upon request. Homeland Securityand Emergency Management Consulting/Planning Hourly Rates Administrative Specialist I $48.00 Administrative Specialist II $57.60 Research Assistant $61.20 Proposal Coordinator $63.60 Comm.Technician $68.40 Help Desk Operator $74.40....... 4. Administrative Specialist III $76.80 Research Assistant II $79.20 Service Center/Logistics Specialist $81.60 Analytical Aide $90.00 Planning Aide $96.00 Project Control Specialist $99.60 Oracle Database Administrator $102.00 2. Consulting Aide $102.00 Assistant Planner/ Scientist/Assessor/Analyst/ Environmental Specialist $114.00 Program Planner/ Scientist/Assessor/Analyst/ Environmental Specialist $120.00 System Administrator $126.00 Law Enforcement Subject Matter Expert/Trainer $132.00 Consultant/Planner/ Scientist/Assessor/Analyst/Environmental Specialist 1 $132.00 Public Assistance/Grant Management Consultant $138.00 Fire/HAZMAT Subject Matter Expert/Trainer $146.40 Consultant/Planner/ Scientist/Assessor/Analyst/Environmental Specialist 11 $150.00 Consultant/Planner/ Scientist/Assessor/ Environmental Specialist Analyst 111 $162.00 Senior Public Assistance/Grant Management Consultant $162.00 Senior Oracle DBA $165.60 Supervising Public Assistance Consultant $174.00 Senior Consultant/Planner/ Scientist/Assessor/Analyst/ Environmental Specialist $180.00 Su ervisin Consultant/Planner/ Scientist/Assessor/Anal st/Environmental Specialist $18000 Program Manager $189.60 Senior Program Manager $198.00 Principal Consultant/Planner/ Scientist/Assessor/Analyst $210.00 Principal in Charge/Executive Consultant/Planner/Scientist/Assessor $234.00 Subject Matter Expert $270.00 FEMA Appeals Legal Specialist $292.80 Senior FEMA Appeals Legal Specialist $420.00 Principal FEMA Appeals Legal Specialist $510.00 The hourly rates shall remain firm for the first year of the initial term. Hourly rates for subsequent years and any extension term years shall be subject to an annual adjustment based on the latest yearly percentage increase of the Consumer Price Index for All Urban Consumers(CPI-U)(All Items)as published by the Bureau ofLabor Statistics, U.S.Department of Labor. DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 ATTACHEMNT C - INSURANCE AND BOND REQUIREMENTS NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Trainers, Instructors, Interpreters, Prosecutors and Planning Consultants. Bonds - No bonds are required for this service agreement. 2021 Insurance Requirements Ins. Req. Exhibit 3-F Professional Services - Trainers, Instructors, Interpreters, Prosecutors and Planning Consultants 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 ATTACHMENT D - WARRANTY REQUIREMENTS There are no warranty requirements for this Service Agreement. DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82H limi—n1vir V I r - 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) END OF TABLE OF CONTENTS DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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 7.1, p. 1 (2017) DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air 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. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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.7.1, p. 5 (2017) DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 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:A7AFFF8A-BA47-4F52-82AC-9FCD27215D26 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT