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HomeMy WebLinkAboutC2010-399 - 10/26/2010 - Approvedl ~10~ I~~f INTERLOGAL AGREEMENT BETWEEN THE COUNTY DF NUECES AND CITY 01= CORPUS CHRISTI THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement made this the ,>~`' day of 2010, between the COUNTY OF NUECES, TEXAS, a political subdivision of Texas ("County"}, and the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation located in Nueces County, Texas ("City")- WITNESSETH Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Tex Gov't Code Anxz. §791 A01. et seq.} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree to as follows: I. County hereby designates its Purchasing Agent to act under the direction of and on behalf of County in coordinating provision of EOC Emergency Response Services, pursuant to City's service agreement with GARNER ENVIRONMENTAL SERVICES, INC. ("Contractor"} under City's Bid Invitation No. BI-0217-07 {attached and incorporated herein as Exhibit "A") which was let in accordance with Chapter 252 of the Texas Local Government Code (substantively comparable to Chapter 262 of the Texas Local Government Code) anal all other applicable laws, and agreements, comprised of the following Exhibits, attached and incorporated herein for all intents and purposes: (1) Bzd Invitation No. BI-0217-07 ............................. . . . . . . . ... (Exhibit "A'~ (2) Sole Response to Bid Invitation No. BI-0217-07 .................. (Exhibit `B,'~ (3} Service Agreement No. SA08-003 - - . - - • . . ............................... (Exhibit "C'~ (4) Contractor's commitments to allow County third-parry status (ta be treated the same as City, under all terms and conditions as set forth in that certain agreement} .................................(Exhibit "D'~ II. By execution of this Agreement, County agrees to pay the Contractor subsequent to provision of the coi7imodity or service and in compliance with the stipulations set forth for same in the Agreement, including, but not limited to, receipt of a proper invoice, submitted to County, .showing an amount based upon the unit pricing detailed in the attached Agreement. Neitla,er City nor Cou~aty shall assume any responsibility or liability to pay for materials or services purchased for the benefit of the other entity. County's payment for the Contractor's services required by this Article shall be made from cuxrent, available revenues. Furthermore, bath parties agree that the payment required herein fairly compensates City for any services or functions requited to be performed under this Agreement. In obtaining the serviGeS of the Contractor through City, County has relied solely on its own inspections, investigations and due 2010-399 Res. 028811 ^^;; 1012b110 ~1j~~~ County of Nueces, Texas Page ~ of 2 '\i diligence regarding the services and County acknowledges that City has made no representations or warranties expressed or implied with respect to the products or services to be provided. lIl~. This Agreement shall take effect upon execution by both signatories, and shall serve as each govemtxiental body's cornrn:itznent pertaining to purchases of the services referenced in Article l hereof This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the ~~ay of , 2010, the date of execution by County. CITY OF CORPUS CHRlST1 AN L R. ESCOBAR CITY II~ANAGER N U E E S COUNT Y b ~ SAMUEL LOY NEAL, ~l .. COUNTY JUDGE CONCU by: MIC L BARRERA ASST AN`f DIF2ECTOR, FINANCIAL SERVICES ATTEST: by: ARMANDO CtaAPA, CITY ECRETARY APPROVED AS Td FORM: for the 'ty Attarn by: VERONICA OCANAS ASSISTANT CITY ATTORNEY CS, NoC~ ..l4t1THOttl11~ ~~ C13t1~Gll. ,..1®~~. --..~ e . s~~~-~~~,b, CONCUR: ELSA N. SAENZ PURCFlASING AGENT ~~ ATTEST: by. ~ ~"~ DIANA BARRERA, COUNTY CLERK APPROVED AS ~f0 FORM: by. L URA GARZA ~I N Z TY ATTORNEY ®~ ~~~ Page 2 of 2 O~ U ~~~~~ ~ 1 '~ 1 j ' ~ i,' - ~XHIBrT A ~' CITY OF CORPUS CkIRiSTI I'URCHASINO DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277 sr~ z~rvx~rATrO~v INVITATION TO: This invitation includes these forms: *Bid. Invitation Notice to All Bidders Instructions to Bidders Standard Purchase Terms & Conditions *Bid Sheet Insurance Requirements Supply Agreement Standard Provisions Specification 1150 *Contract *Minority Business Enterprise Information Fozim '~Disclasure of Interest INVITATION ND.: BI-0217-07 (Must appear on Bidder's return envelope) COMMODITY: FOC Emergency Response Services REQUTSITIDN NO. (S) BID CLOSING TIME: 11.:00 AM Central Time Atrgnst 1, 2007 " (By Purchasing Division Time Stamp) For information contact: Michael Barrera Assistant Director of Financial Services Telephone: (361} 8$0-316D _ *These documents must be ro er1 com feted and returned. BID {Refer to "Irstructions to Bidders" before completing) The undersigned, by his/her signature, represents that he/she is authorized to bind the Bidder to fully comply with the terms ar~d conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown. an the accompanying bid sheet(s), if the offer is accepted within _ calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Naz~te: Address. City: State: Signature of Person Authorized to Sign 1Bid Signerss Name: {Please print or type) Telephone: - - Ext. Fax: - - dip: -- E-mail; nat~: Title: -~ 'r ~ _~ NOTICE 7['[~ ALL BIDDEY~S 1. DIDDER SHALL ENCLOSE IN A SEALED ~NVE~~LOO~jP~ ADDRES(~S~E'v~D TO TrHE CITY TOF rtnnn~re n€~~cr~ P7TRI~FASTNfY ni'4Tt~TON. ~1\ E ~~lFI1~l AL .~D ~~TE ~OP~ ~~' ALL BID I3~~U:1"i~El~T~ SIT~NIITTED. The bid invitation number and bid opening date must be shown in the lower left hand corner of the sealed envelope. ~ . 2. The Bid Invitation and all Bid Sheets must be signed by Bidder. 3. Bidder must state if bid is all ar none, or if any other conditions apply, otherwise, City nay pick and ch©ase any item or group of items according to the Cify's best interest. Before submitting your bid, please read all bid invitation docurrxents carefully. If there are questions, contact the buyer indicated an the Bid Invitation. Airy discrepancies between the bid. invitation and the Bidder's response genezally extend the bid evaluation period and often cause the bid to be declared non-zesponsive_ FACSIMCLE BIDS; The City Charter requires that all bids submitted he sealed and delivered in the manner required by the bid invitation, to be opened in the presez~ee of one or more City employees and those Bidders desiring to be preserit_ Therefore, bids submitted directly to the City by facsimile Fnachine will be considered non.-responsive. I ` f `_~ `.. ~ ~ ~_~ CITY O~ CORPUS CHRXSTI PURCHA57NG DIVISION INSTRUCTIONS TO BIDDERS Preparation of Bids Any expianat"son desired by a Bidder regarding the meaning or interpretation of the invitation, drawings, specifications, ete_, must be requested in writing to Purchasing with sufficient time allowed for a reply to reach Bidders before the submission of their bids. Oral explanations ar instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning an invitation will be furnished to aEl prospective Bidders as an amendment Eo the invitation, if such information is necessary to Bidders i}t submitting bids on the invitation or if the lack of such infortnatian would be prejudicial to uninfornrcd Bidders. 1. Specifications Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so veil! be at the Bidder's risk, Bidders may provide a product exceeding specifcations, as an alternate bid, if they so desire. 2. Infarinatlon Required Each Bidder shall furnish the information required by the invitation. The Bidder shall sign the Bid lnvitation, Bid Sheet, and, when appropriate, 5pecificatians. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence afhis authority unless such evidence has been previously furnished to the City purchasing office, A. The Bidder should quote its lowest and best price, F.O.B. destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as fo indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified, Pricing shall be entered on the Bid Sheet in ink or typewritten. Totals shall be entered in the "Total Price" column of the Bid Sheet. In case of discrepancy between unit price and extended price, the unit price will be presumed tv be correct. 13. Bids should be firm. If the Bidder, however, believes it necessary tv base its price on price adjustment, such a bid may be considered, but only as an alternate bid. C. Transportation Charges, if the quoted price dues not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods. D. Taxes. The City does not have to pay Eederai Excise Taxes and 'Texas and local retail sales and use taxes. Tax exemption certificstes can be provided upon request, E. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. Time of delivery is part of the bid and very important. The required de]rvery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated, Bidder shall state its best delivery time. F. If the bid invitation indicates "approved equal" products arc acceptable, the seEler may offer an "equal" product as an alternate bid, Final "approved egos!" deterrrtination remains with the City. G. Rids submitted ort other than City fvnms or with different terms ar provisions may not be considered as responsive bids- Submission of Bids A. Sealed bids should be returned in an envelope marked on the outside with the Bidder's name and address and bid number. Address to: . City ofCorpus Christi 1°urchasing Division P. Q. Box 9277 Corpus Christi, Texas 78459-9277 131D NO.:_ BID DATE: $. Sealed bids may be deEivered in person ox by courier to the Purchasing I:3ivisivn on the 4th Floor of City Fall at 1201 Leopard Street, Corpus Christi, Texas, 78401-2825. C. Bids must be retarned in sufficient time so as to be received and time stamped aT the above location on or before the published bid date and time shown on the bid invitation. Bids rECeived after the published tune and date cannot be considered. \! ~1. 1Vlodificatlan or Withdrawal of Bids Bids may be modified or withdaawm by written or telegraphic notice received by the City purchasing office prior to the exact hour and date specified for receigt of bids. A bid may also ba~vithdrawn in person by a Bidder or his authorized representative, provided his identity is made la~own and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date set for the receipt of bids. 5. Evaluaflon T+'ACtars A. Most Advantageous Bid. The City will award purchase orders and contracts to the lowest and responsible Bidder which represents the most advantageous bid to tt-e City, price and other factors considered. Tn determining the "most advantageous" bid or proposal, price, quant<fteble factors, and other factors are considered. 'This would include speciFication§, delivery requirements, the initial purchase price, life expectancy, cost of maintenanco and operation, operating efficiency, training requirements, disposal value, and other factors contributir-g to the overall acquisition cost of an item. Consideration maybe given, but not necessarily limited to conformity to the specifications, product warranty, a Bidder's proposed service, ability to supply and provide service, delivery to required schedules, and past performance in other contracts with the City including timely delivery. B. Best Value Bid. Alternatively, tlse City may award purchase orders and contracts to the Bidder who submits the overall best . value based upon the criteria set out in the bid. C. Partial Awards. Bidders may famish pricing for atl or any portion of the bid invitation. Unless the Bidder specifies othonvise in his bid, the City may award the contract for any item ar group of iteans shown on the bid invitation. B, Reservations. The City expressly reserves the right to: 1. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the sgeeilicatsons and consider it, if it is determined that total cos# is lower and the overall function is improved or not impaired; 2. Waive any defect, irregularity or informality in any bid or bidding procedure; 3. Rejector cancel any or all bids; 4. Reissue a bid invitation; 5. Extend the bid opening time and data; b. Procure any item by other means; 7. Increase or decrease the quantity speeifred in the bid invitation, unless the Bidder speciftes otherwise; 8. Consider and accept an alternate bid as provided herein when most advantageous to the City. 6. Acceptance Acceptance of Bidder's offer for ari open market purchase will be in the foren of a purchase order. Acceptance of Bidder's offer for supply agreements will be by acceptance letter. Subsequent purchase orders and release orders maybe issued as appropriate. 7. Conflicts of Interest $idders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Friar to the submission of any bid; each Bidder must file with the City purchasing office a disclosure of interests on the forns supplied by the City. Bidders are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the bids are being considered. Bidders who already have a current disclosure of interest form on file in the City pu~hasing off ee will not be required to submit a separate form with their bids provided That they have sig~red the certificate an the Bid Sheet certifying that khe disclosure of interest information on f"tle is current and true. S. Equal EmplaymentOpportunity Bidders arc expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any compisints flied with the City alleging that a $idder is not an &{ual Opportunity Employer due to activities arising during a previous City contract will be referred to fire human relations eornmission of the City for the purpose of review and recommendation. Summaries of reports by the human relations administrator or the commission may be considered in any fixture bid awards by rho City. The City expressly reserves the right to consider such reports in determining the best bid. y is _ c~TY o;~ Cows er~xrs~> r~clxcxn.smrc nxv~szo~ S'~'A1~IDARl3 PURCHASE 'TERMS AND CQNDYTTQNS Seller and City agree as folEaws t. 513LLER Tn PACKAGE GOODS Seller will package goods in accordance with good commercia! practice. Each shipping wnlairter shall be cicar3y and permanently utarked as Follows: {a} Seller's Hama and address; (b) Consignee's name, address and purchase order ar purchase release number and tJte supply agreement number if applicable; (c) Cmnta€ner number and total number ofcoatainers, e.g. box 1 of 4 boxes; and {d] the number of the container bearing the packhSg slip. Seller snail bear cast of packaging unless otherwise provided. Goods shelf be suitably packed so secure lowest transportation costs and to conform tv requirements of common carriers and any appplicable specifications. City's count or weight shall be final end conclusive on shipments not accompanied by packing lists. 2. S}d3PM1=tJT UNDER RESF.RVA'f€ON PAOH€B1TED Seller is not authorized to ship the goods under reservation and no tender ofa 6i1! of Jading will operate as a tender of goods. 3. T1TLE & 1t]SK OF LOSS The title end risk of toss of the goods shat] sot pass to City until Cify actually receives and takes possession of the goads at the point or points of delivery. 4, pELIYERY TERMS AND TRANSPDRTATION CHARCrES FA.-, dcs[inalion unless delivery terms arc specified atherrise in bid. City agrees to reimburse Sc#ler far transportation eosLa in the amount specified in Seifer's bid, or actual costs, whichever is tower, If the quoted delivery terms du not include transportation coats, prov€ded City anal[ have the right to designate what method of transportation sh~ll6e used to ship the goods, 5. NO 1tEPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods must fully comply with ail provisions ofthis ron[rad as to time of defirety, quality and the tike, If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have t}te right to substitute a conforming tender, provided, where the lime for perfomtance has not yet expired, the Seller may reasonably notify Cily of his inlentidn to cure and may Ehen make a conforming tender within the conLncl time but Hat afterward. b. PLACE OF DELIVERY The place of delivery shell be that set forth in the block of the purchase order entitled "Receiving Agency." Any cleange thereto abaJl be effected by madifreation as provided for in Clause 2p Jtereof entitled "MadiC7catierts." The terms ofthis agreement are "no arrival, no sale." 7- INVOICES Se PAYMENTS a, Seller shell submit separate invoices, in duplicate, vn each purchase order or purchase release after each delivery. Invoices shall indieaie the purchase order or purchase release number and the supply agreement number ifapp$cable. invoices alert] be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the fresght waybill when applicable, should be attached to the invoice- Mail ta: Accounting Division, City of Corpus Christi, P. O, Hox 9277, Carpus Christi, Texas 78469. Payment shall not be due until the above instruments are submitted slier delivery. 6. City's obligation is payable only end solely from funds available for the purpose of this purchase. Lack of funds shall render this coalesce null and void to the extant funds are Hat avaikabk and any delivcrcd but unpaid £or goad will be retttrsed to Seller by Clry. c. IDo not include Federal Excise, State or City Sales Tax. City shall fitmish tax exempsion certificates upon request d. Paymcat terms are net 36 days otter rite goads are provided or services are completed, as required, or a carted invoice is received, whichever is facer, g. GItATUITlFS The City Wray, 6y written notice fa the Seller, canoe] this rontract without liabilsty to Seller if it is determined by City that gnttuities, in the form of entertainment, gill's, or otherwise, were offered or given by the Seller, or any agent or representative of lire Seller, to any officer or employee of the City with a view toward seeuriag a contract or securing favorable treatment ,viSFt respect to ilea avretding os amending, or the making ofany dctviminstinns with respect to the performing afsuch a contract. In the even[ 76is contmct is cancelled by City pursuant to this provitio,r, City shall be entitled, in addition to any other rights end remedies, ro recover or withhold the amount of the cost ittcured by Ssller in providing such gratuities. 9. SPECIAL TOC}L5 & TEST' EQUlPNSENT IC the price stated on the face hereof includes the cast ofany special tooling or sp~ial test equipmeref fabricated or required by Seller for the purpose of frlliog fhis order, such special tooling equipment and any process sheeLa related thereto shall become the pmpeny of the City and to the extent feasible shalt be ideadfied 6y the Sailer as seven. 10. WARRANTY-PRICL• a. 'the price to be paid l,y the City shall ire tltst contained in Seller's Sid which Seller warrants to be no higher then Seller's current prices on orders by others for products of the kind and apecifiration covered by this agreement for similar quantities ender similar or like conditions and methods of purchases In the event Sgller breaches this warranty, the prices of the items shat) be reduced to the Seller's current prises on orders by others, or in the alternative, City may cancel this contract without liability to Seller for breach or Seller's schist expense. b. The Seller warrants that no perron or selling agency has been employed or retained to solicit or seet[re this contrast upon an agreement or understanding for commission, percentage, brokerage, or contingent foe excepting bona fide employees of bona fide established commercial or selling agancres maintained 6y the Seller for the pu[pose of sectuing business. For breach or violation of this warranty the City shell have the right in additSoa to any other right or rights to cancel this contract without liability and to deduct tlom the contract price, or other+v€se recover the full amount of such cormission, percentage, brokerage ar contingent fee. 11. WARRANTY-PRODUCT Se]Jer shalt not limit ar exclude any imp3ied warrant€es aced any attempt to do so shall render this contract vosdahJe at the option of the City. Seller warrants that the Bonds furnished wiik conform to the spec€fications, drawings, and descriptions fisted in the bid invitation, and to the sample(s) furnished by Seiler, if any. Jn the event of a wattle[ between the specifications, drawing, and descriptions, the specifications shalt govern. k2. SAFETY WAItRAi~ITY Seller warrants that the product sold to City shall vonfotm to the standards pmmuJgsled by the U. S. Department of tabor under the Occvpatianai Safety and Health ACT {OSHA). in the evenE the product does not confomt to OSHA stando-rds, City may velum the product for correction or replacement at the Sel[er's expense, in the event Sclkr fails to make the, appropriate correvt[on within a reasonable time, cored€on made by City will be at Seller's expense. 13. NO WARRANTY BY CITY AGAINST 1NFR]NGEMENTS As part ofthis contract for sale Seller agrees to ascertain whether goods manufachtred in eceondance with the specifications attached to this agreement will give rise fo the rightful claim ofany third person 6y way oflnfringemeni or Fhe like. City makes no tvamattty that the production of goads aceording to She speci€ication w€Il not give rise to'such a claim, and in no event shall City be liable la Seller for indemnification lathe event that Seller is sued on the grounds of infringement or the 3ike. Tf Ssller is of the opinion that an infringement or the tike will result, he will notify City to this effect in writing within two weeks after the signing of this agreement, if Cily does not receive notice end is subsequently held liable for ells inf»ngement or the like, Setter will save City harmless. IF Seller in gaud faith asccrteins that praductian oEthe goads in accordance with the specifications will result in infringement or the Ilke, this contract shall be nut! and void except that City will pay Seiler the reasonable cost of his search as to infringernents- 14. RIOIIT'S OF INSPECTION City shall have the rigJtt to inspect the goods at delivery before acceptinglhem, 15. CANCELLATION Cily shall have the right to cancel for default all or any part oFtbe undelivered portion of this order if Seller breaches any o€ Ehe terms hereof including warranties of Seller or if [he Seller becomes insolvent or commits acts of banknrpicy, Such right vfcancellation is in addilton to and not in lieu ofany other remedies which Csty may have in Isw orequity. l6, TERMINATTt?N 77te performance of work under this order may be terminated in whole, or in part by the City in ar~ordance with this provision. Termination of work hereunder snail be affected by the delivery to the Seiler ofa "Notice of Termination' specifying the extent to which performance afwork under the order is terminated and the date upon which such termination becomes effective, Sucit right of termination is in addfl€on m and not in lieu ofthe rights of City set forth in Clause 1S, herein. 17. FORCE MAIEURE Neither parry shall 6e held responsible for tosses resulting ifthe fitlFllment of any terms or previsions of fhis contract is delayed or prevented by any cause not within the ventral of the party whose perfotlrtarxe is interfered with, and which by the exercise oFreasonablc diligence said party is unable to prevent, ] 8, ASS3GN1vIEt3T-DELEGATIDN No right rx interest in this contract shall be assigned or delcgatian ofany obligation made by Seller without the written permission of the City. Any attempted assilptrnent or de3egatian by Seller shall be wholly void and totally ineffective for all purposes unless made in eoafarmily with this paragra~it. t 9. WAIVER No claim or right arising out of a breach ofthis contract can be discharged in whole or io part by a waiver or renunciation of rite claim ar right unless the waiver or denunciation is supported by cansideretion and is in writing signed by the aggrieved a 2Q. MODIFICATIONS This contract can be modified or rescinded only by a writing signed by both of the parties m their duly authorized agents. 21. INTERPR£TAT€ON-PAROL EVIDENCE This writing is intended by the parties as a Baal expression of their agreement and is intended ciao as a complete and exclusive slatcmcnt of the terms of their agreement No course of prior dealings befxveen the parties and no usoge of the trade shall be relevant to supp3ement or explain any testa used in this agreement. AReptance or acquieseente in a course of performance randercd under fhis agreement shalt nut be relevant to dckermine She meaning of tlvs agreement even though the accepting or acquiescing party has knowledge.of fete performance and opportunity for objection. Whenever a term defined by rho Uniform Cotvme[ciel Code is used in this agreement, the definition conteinad in the Code is to canVOl. 22. APPL[CA13LE LAW This agreement shalt be governed by the Uniform t,'.ommerciek Code. Wherever the term "Uniform Commercial Cade" is used, it shalt be construed as meaning the 1lnifarm Carnmereial Cale as adopted in the State of Texas es effective and in force on the date of this agreement. 23. ADVERT151N0 Seller shall notadrer[iseorpublish,withautCity'sprioreensent,the fart that City leas entered into this contract, except to [he extent necessary to comply with proper requests for inforutetion Pram an authorized tcpresentative of the federal, state or local gavenunent. 24. RIGI4'f i0 ASSURANCE Whenever one party to this contract in good faith has reason 1o question the other party's intent to perform he may demand that rite other party give written as_aurattce of his intent to perform. Irv the event that a demand €s made and no assurance is given with€n five (5) days, the demanding parfy may treat this failure as an anricipamry repudial[on of [he contract_ 25. EQUALbMPLOY[vIENTOPPORTUNfTY Seller agrees that during the performance of its contract it will: e. Treat al3 appliean[s and employees withoat discrimination as to [ace, Color, religion, sex, nations[ origin, martial status, age, or handicap, b. ldent[fy itself as an "Equal Opportunity Employer' in all help wanted advertising tt request The Seller shall be advised of any complaints filed wit#t the City alleging that Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such comg[aiats is delerntinmg whether or not 1o tetrninate any portion of this contract for which ptrchase orders or avlItorities io deb€rer have nor been included, however, the Seller is specificelJy advised that no Equal Opportunity Employment complaint will be the basis for cancellation of tJ,is contract for which s purchase order has been issued or authority to deliver granted. 26. CONFLICTS OF INTEREST' Seller agrees to comply with the conflict of interest provisions of the Gity Charter and Cnde of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the City purchasing office throughout the term ofthis contract. 1 i ~~ czTY o1~ cows cxx~sTz PUI~CHASI NG DI'VrS~~N BtD SHEET t~ID INVITATION NO. BI-Q~17-t17 DATE: BIDDER ~_..l SAGE ~ OF 2 AUTHORIZBD SIGNATURE I: Refer to "Instructions to Kidders" and Standard ~urcbase Terms and Conditions before completrug bid. 2. Quota your best Brice, 1t.D.B, Destination, on each item. 3. Xn submitting this bid, I certify that: a. the prices in this bid have been arrived at independently, without consultation, comtr-unication, or agreement with any other IIidder.or competitor, f©r the purpose at'restricting competition witTi regard to prices; b. I sin an Equal Opportunity Employer; and c. the disclosure of Interest infarsnafion an fife with City purchasing gursual5t to the Cade of Ordinance is current and true. Twelve month supply/service agreement with option to extend the contract for up to four {4) additional twelve month periods subject to the agreement of the supplier azzd the City Manager o:r his designee. QTY DESORIP7'IflN ElNIT Weekly Rate Totaf 5 Generator - 48Q volts 1500 KVA Weekl 6 Generator - 4$0 volts 1250 KVA Weekl 6 Generator - 480 volts 1150 Kr/A Week! 3 Generator - 480 volts 11 Oa KVA Weekl 7 Generator - 480 volts 150 KVPA Weekl 2 Generator - 48a volts 125 KVA Weekl 2 Generator - 480 volts 112.5 KVA Weekl 1 Generator - 48a volts l10 KVA Weekl 2 Generator - 240 volts / 100 KVA Week{ 3 Generator - 240 volts 175 KVA Weekf 2 Generator.- 240 v©lts f 65 KVA Weekl 7 Generator - 240 volts 150 KVA lrtleekl 3 Generator -- 240 volts f 40 KVA V1leekl 1 Generator - 240 volts f 30 INA Week! 12 Generator - 24D volts ! 25 KVA Weekl 25 Generator - 240 volts / 12.5 tC1/A Weekl 6 cable -1 Oa l=t. 5a~ MCM 41c Weekl 3 Cable - 100 Ft. 250 MCM 41C Weekl 1 Cable - 100 Ft. 210 AWG 41C ~ Weekl 3 Ca61e - 100 Ft- 410 AWG 4IC Weekl AG2210.004.ajr Rev. 9-96 _~ ~ ~ . QTy ©ESGRiPTIE)N - Uf~IT V'tleekly rate Total 1 4" X 4" f~iesel Pum 1/t/eekf 1 6" X 6" Diesel Pum 1fVeekl 1 4" SuctionlDischar eHose 50' Section Weekl . 1 6" SuctianlDischar e Hose 50' Section Weekl 1 4 Inch Submersible H draufic Pum l~leekl 1 6 Inch Submersible H draufic Pum Weekf 5 300 GPM Pum Week! 5 500 GPM Pum Week{ 5 ~ 1000 GI'M Pum Week{ 3 Comfort Station -10 Sta!{ Unit Week{ 3 Gamfort Station -26 ft. BT Unit Week{ 6 Shower Units ~ 4 stall Weekl 6 Shower Units ~ 6 stall Week{ 6 Shower Units 12 stall with 6 sinks Weekf 1000 Ice: 8 !b ba Ba 4 Walk in Goo{er Weekl 4 Wa{kin Freezer Weekf 1 Dump Truck with Sandbagging Unit Attacl~mentl With O erator Weak{ 1 Jet Rod Vacuum Truck Week{ 2 '{000 Gallon Fue{ Tank Weeks 2 2000 Gallon Fuel Tank Weekl 5 185 CFM Air Com ressar Weekl 1 6000 {b. Extended Reach Forklift Weekl 1 8000 fb. Extended Reac{~ Forklift V1leekl 20,000 Giese{ Fuel GAL 20,000 Gasoline Fuel GAL 2 Mobile Tire Re air Truck Weekf 50 Portab{e Toilet Faci{sties Weald 8 Group Living Accommodation Facilities far 8 ersons per facilit . Weekl 3 Heath Facilities capab{e of treating 200 ersons er da Weekl 3 On-site res~anse teams to per~arm wide ran e of emer enc services. Weekl 1 Cable - 1 QO Ft. 4 AWG 41C Weekl 3 Gable - 200 Ft. 500 MCM 4/G Weekl 1 Gable - 400 Ft. 60D MCM 41C Weekf 2 4000 llltatt Li trt Tower Weekl AG221 O.D04.ajr Rev. 4-9fi } ~` . ~TSURANCE ~tE UIREMENTS I. SUCCESSl1'ULRIDDER'S INSURANCE A. Successful Bidder's must not commence work under this agreement until all insurance required herein has been obtained and approved by the City. Successful Bidder must not allow any subcontractor to corn~nence work anti! a!l similar insurance required of the subcontractor has been obtained. B. Successful Bidder must famish to the City's Risk Manager, two (2) copies of Certificates of Insurance, shavving the following rnir~iznum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be natx~ed as an additiana! insured for the General liability policy and a blanket waiver of subrogation is required on al! applicable policies. TYPE QIa INSURANCij MINIMUIkI INSURANCE COVERAGE 30-D8y written notice of cancellation, non- Bodily Injury and Property Damage renewal, Alaterlal change or termination and a la-day written notice of cancellation for non- paymetzt is requited on all certificates COMMERCIAL GENERAL LIABILITY including: $1,D44,40D COMBINED SINGLE LIMIT 1. CommereiaiForm 2. Premises -Operations 3. Products/ Completed Operations Hard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 3. Personal Injury AUTOMOBILE LIABILITY-OWNED, NON- $1,ODD,400 COMBINED SINGLE LIMIT OWNED OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS'COMPENSATIOI~I WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT - EMPLOYERS' LIABILITY $500,400 C. Tn: tl~e event of accidents o£any kind, Successful Bidder must furnish the Risk Iwlanager with copies of all reports of any accidents within 10 days ofthe acczdent. AG2219Add-ajr Rev. 9-9b C~ C~ IL ADDITIONAL ItEQUIREMENT~ A. Successful Bidder must obtain workers' cornpensatian coverage -through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts st~ffcient.to assure that all workers' compensation obligations incurred by the Successfiil Bidder will be promptly met. B. Certificate of Insurance; * The City ©f Corpus Christi must be named as an additiox~ai insured on the liability coverage and ~ lalanket waiver ai" ' subrogation is required on all applicable policies. * If youx insurance company uses the standard ACOItD form., the cancellafion clause ~bottorn right) must be amended by adding the wording "changed or" between "be and "canceled", and deleting the wards, "endeavor to", and deleting the wording after "Ieft". In the alternative, policy endorsements that comply with the eancelIation language are acceptable. * The name of the project must be listed under "Description of Operations". * ~t a minizzzum, a 34-day written notice of cancellation, material change, non-renewal ar termination and a IQ-day vrritten notice of cancellation for non-payment of prerc~iurn is required. C. J:f the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (I)-(7), an authorized representative of the insurance company must include a letter speciiacally stating whether items 1.B. (1)-(7) are included or excluded. AG2210.06A.~jr Rev. 9-96 1 ~~~ CzT~ aF CoRPUS Cz~~rsTr PuucxASZ~vG Drvrsroly SERVICE AGREEMENT STt~.NDARD PRa'V~SZGNS Contractor and the City of Corpus Christi agree as follows: Term. The term. of this Supply/Servzce Agreement as twelve months, with the option to extend for up to four additional twelve-month periods, subject to the approval of the Contractor and the City Manager, or .his designee, At the end of the original contract period or any extension period, if the City has not completed the bidding process and awarded a new Agreement, the City Manager, or his designee, may extend this Agreement, at the then current prices, on a month-to-month basis not to exceed six months. 2. Descri Lion -Sale of Goads and Services. Contractor will transfer and deliver to the City, and the City will pay for and accept the City's requirements, during the term of the Agreezx~ent for all of the items described on the Bid Sheet(s). Quantities shor~rn an the Bid Sheets} are estimates and do not obligate the City to order or accept rrtore than the City`s actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. 3. Purchase Qrder. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City deparment or division may send to seller a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Supply Agreement and will specify the item, quantity, delivery date, shipping instructions and receiving address of the orderix>_g department ar dIVt$ron. 4_ De#'ault Xn Qne Installment to Constitute Total Breach. Each instal3rnent of this Agreement is dependent on every other irlstalI~nent, and a delivery of non-coxforxzaing goods or services, or a default of any nature under one installment will impair the value of the whole Agreement and may constitute a total breach of the Agreeriient. ~tenlacement oi' 1Vlerchandise. Any merchandise rejected must be corrected or replaced by suitable merchandise within two weeks, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's 1nVa1Ge. 6. Price Adinstment. All goods anal services to be delivered pursuant to this SupplylService Agreement, including any extensions thereof, wi11 be purchased at the prices on the Contractor's Bid Sheet, provided that, at renewal or extension of the Agreement for an additional twelve-months period(s), the prices for goods and services to be delivered during the ensuing twelve-month period(s) xnay be increased or decreased to the extent of changes in the cost of material to the Contractor, as reflected in written documentation provided by the Contractor to the City. AG2~ 10.404.ajr Rcv. 9-96 `I .~ CITY OF CORPUS CHRISTI ~. SPECIFICATION ~I15o DATE: 7120/07 PAGE x OF 4 SPECIFICATIONS FOR EOC EMERGENCY STANDBY PRODUCTS ANJ) SERVICES FOR THE CITY OF CORPUS CHRIST>E I. PURPOSE This is an invitation to submit a bid for the contracting of Emergency Standby Products anal Services. The intent of this bid is to have a vendor that is capable of providing all types of products and services required in the case of a declared emergency. This contract would be utilized when the City of Corpus Christi resources and contracts are not able to provide for an emergency izx an immediate manner. The Contractor would provide an additional source beyond existing City Gontracts. The City will use these products and services in a declared state of emergency such as hurricanes, earthquakes, tornadoes, man made and natural disasters. The types of items that may be required would be generators, lighting equipment,~toilet facilities, living accamn~odatians, health Facilities, gasoline and diesel fuel for all City vehicles, tires anal fire repair service etc. as wall as on-site response teams to perform a wide range of emergency services. A mandatory retuzu phone call or response is required from the contractor day ar night within 4 hours of a representative front the City leaving a message for assistance. Requirements are for the Contractor to have products and services available within 72 hours after the initial call. The City's Emergency Management Office will administer this contract making determination of need and coordination of other existing contracts. ].L GENERAL INFORIVIATION Subtriissian of Bids: Four (4) copies of the bid to be submitted to tb.e City of Corpus Christi Purchasing Division ©ff'ice. Costs incurred in the preparation and submittal of bids are the responsibility of bidder and will riot be reimbursed. 2. Contract Person: Questions regarding the proposal maybe addressed to: City of Corpus Christi Purchasing Office Michael Barrera Assistant Director of Financial Services 1201 Leopard, Corpus Christi, Texas 78401 Phone: (36X) 826-3 1 69 1 Fax: (361) 826-3174 E-mail: miI£eb~7r,cctexas.corrt 3. Reeei~t of bidsof bids: Sealed bids will be received in the Office afthe Purchasing Division Office until 11:00 a.m., Iocal tune Wednesday August 1, 2007 at which all bids will be opened and publicly read out laud. AG2210.064.ajr fier. 4-9b !.~ , r~ 4. Evaluation of Pro orals: A review panel comprised of members of the Emergency Management Office and the Purchasing Division wi11 evaluate the bids. Evaluations will be on the basis of the stated evaluation criteria. _ S. Award: The City reserves the right to re}ect any and all bids. Award of contract may not necessarily be n:tade to the lowest bidder, but will be made in accordance with the evaluation criteria. Award will be made to the responsible bidder whose bid is determined to be the best value to the City with the highest scorEng evaluation, taking into consideration all factors set forth in this bid. The City reserves the right to make mare than one award from this bid based an a multiple progressive basis, ~~. SPEC)<FIC i.NFORTVIAT~ON: 1. Requirements ~taternent: The City is looking for Contractors who have the capacity, ability, and experience to respond rapidly with the delivery of the praductslservices required in a declared emergency. The contractor must provide a past history proving expertise and success in this type of work and provide references of past and present customers. 2. The City requires a contractor who has access to all types of emergency equipment. The contractor must provide a fxed price for weekly rental rates on all types of equipment that can be provided. ~A sample list is attached, however, please add any additiona3 products or services not already listed and include pricing for those items_ 3. During times of declared emergency, the contractor's personnel shall rettun any call ar message received by a representative of the City within four (4) hours of initial call. 4. Ability to record all transactions in accordance with federal government~requireznents, i.e., Federal Emergency Management Agency (p`EMA) for reimbursement to the City. 5. CONTRACTOR QUALII'ICATIONS: The Contractor shall submit satisfactory evidence that it has previous experience and possesses an adequate plantlinventory, financial resources, and organization as herein specified to perform the type, magnitude, and quality of work as specified. 6. CONTRACTOR EXPERIENCE: The Contractor shall have at least ten (10) years experience in the provision of providing emergency products and services and must be able to defnonstrate that same of this experience was utilized during periods of emergency type conditions. 7. CONTRACTOR FINANCIAL STABZLIT"Y: The Contractor must be able to document their currant and past-established agreements with other organizations, which will establish the Contractor's ability to obtain the products and services required by this contract. The Contractor shall have the financial resources to effectively perform the service required under a contract ofthe same scope and magnitude as proposed under this solicitation. AGZ210.o04.ajr Rer. 9-46 7 C_ t~~ The Contractor sha11 furnish financial statement for the last fiscal period prior to submission of its bid, preferably audited by an independent third party auditor. The Contractor shah have adequate personnel dedicated to contract administration and supervision addressing day-to-day contract administration concerns and questions. 8. PROPOSAL EVALUATION CRITERIA -BEST VALUE EVALUATION The City will evaluate the bids under the best value model and will use the following criteria in the decision making process. 34% -Demonstrated ability to successfully provide emergency equipment for current and previous customers and financial capability of the bidder. 25% -Demonstrated background and experience in this type of work. 25°/II -Cost -Equipment and Services Offered 24°l° -- Range of Equipment and Services made available to the City 3. BID OUTLINE: To be prepared by the bidder_ The bid shall consist of the follovaing items: A. Cover Letter: To contain tYse following information: Name of person(s) authorized to represent the bidder in and to sign the contract. 2. Location of business office and any service facilities if applicable. 3_ Name and address of corporate officers or partners. 4. The bidder will provide references including point of contact and phone numbers for any corporate customers or government agency. 5. Statement that attached bid nr-eets all requirements of the bid invitation. 6. Statement that the bidder agrees to all Standard Terms and Conditions of the Division of Purchasing and to all applicable legal requirements. B. Technical Bid: Shall be in narrative format. Measurable proof of expertise in this area with past and present clients and experience, and copies o£past and present agreements with those clients, also a certified financial statement or audit ofthe company. (What makes you the best company for this contract`?) 2. A description ofthe methodologies to be used in meeting the scope of work including how you have nnet those objectives with past performance. 3. Staff[ng: Numbers, Titles, Education and Experience. Reu_ 9-4b ,4022 S 0.804.ajr .. ..,` _ \ 3 ~ 4. Explanation of lzow bidder will-rnake use of other resources and time to accomplish the requirements of the contract. S. Hove will you address deployment issues and incoming orders? C_ Cost Proposal: 1. Use the attached pricing sheets for products and services. Include additional items and services you can offer. 2. ~ Offer a pricing method 1='or any additional equipment or services not detailed but may ba obtainable. AG2216.~414.ajr Rcv, q-96 ~~t /, . , . 2U An~l~vmE1~C~~~Ia~vl~~~~zol~ lvo. B>:-azli7-a7 This AMENDMENT {` Amendment"} to did Invitation No BI-0217, titled EOC lmergency Response Services ("Agreement") dated August 1, 2007 by and among City of Corpus Christi ("G~tstomer"}, Garner Environmental Services, Inc, Deer Park, Texas (collectively, "Garnet") is made and executed as of the 2l st day August, 2007 ("Effective Date") by among Customer and Garner. WHEREAS, the parties wish to amend the Agreement as set foxtYt herein. N4W THEREF(3RE, in consideration of the mutual promises and covenants hereinafter contained in this Amendment, the parties hereby agree as failows: 1. Instructions~to $idders, Preparation of Bids, prrr 2, subseetiax C.• Shall be deleted in its entirety_ .r 2, Service Agreerrrent SirrndarrFProvasintls, .Par 3 Purchase order: Shall be deleted and replaced as follows: "The City will exercise its right to specify time, place and quantity to be delivered in the following manner. The City will establish a team of not more that 3 individuals who will serve as points of contacts for the City. The team will be made up of the Emergency Management Coordinator aad two alternates as designated by him/her. Any member of the team may authorize releases under the agreement". ,~ Contract, EOC Emergency Respurrse Services, pur 5, secant! sentence: Shall be deleted and replaced as follows, "Additionally, t[ie Certificate must state that Contractor will give the Emergency Management Coordinator at least {30) days written notice of any (1) cancellation; (2} material Change in the converges; or {3) intent not to renew any of the policies, of which the Contractor has actual knowledge". 4. Contract, EOC Errtergency Irespvrrse Servrces, fndemrrificafion parrrgraplr, Shall be deleted and replaced as follows, "GONTRACTDR AGREES TO INDEMNIFY, HOLD HAR1kILESS AND .DEFEND THE CITY OF CORPUS' CHRISTI AND YTS DFFICERS, EMPLOYEES AND AGENTS (CITY INDEMNITEES) FROMAND AGAINST ANY AND ALL LIABILITY, LOSS, CLA11lIS, DEMANDS, SUITS AND CAUSES DF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL IN.IURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND DFDAMAGE, INCLUDING ALL EXPENSES OFLITIGATION, GDURT COST`S, ATTDRIVEYS' FEES AND EXPERT WXTNESS FEES WHIC.IY ARISE OR ARE CLAIMED TO ARISE OUT OF THE NL~GLIGENT PERFORMANCE OF T~€IS CONTRACT OR CONTRCTOI:ti'S 1/YILLFUL ACTS OR OMMISSIONS. TO THE EXTENT PERMITTED BY LAW, THE CITY OF CORPUS CHRISTI AGREES TO INDEMNIFY, ,a`IOLD HARMLESS AND DEFEND TJIE' CDNTRACTDR AND ITS DFFICERS, EMPLOYEES AND AGENTS (CONTRACTOR ,fNDFsMNITEES) FRQM AND AGAINST ANY AND ALL LIABILITY, LDSS, CLAIMS, DEIVIAND.S, SUITS AND CAUSES OF ACTIDN OF ANY NATURE ON ACCOUNT OF DEATH, PERS©NAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER .FfIND OF DAMAGE, INCLUDING ALL EXPENSES OF L1"TIGATI4N, CDURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMR'D TO ARISE OUT OF THE PREXE'STING ENVIRONMENTAL CONDI'TI©N,S, CITY INDEIIINITEES' NEGLI'GL`IVT' PERFQ.FMANCE OR .BREACH OF THIS CONTRACT, O,R ANY OF CITY IN,D.E'MNITEES' WILLFUL ACTS OR OM1iIXSSIONS". s a ~ , t , i ~~ } Except as expressly modified by this Addetidurn, all provisions contained in the Agreement shall remain in full force and affect, Neither this Addendum, nor the Agreetncnt as madiEed or supplemented by this Addendum, shall ba interpzeted in favor or against any party thereto because such party or its counsel . dra$ed this Addendum or Agreement, Ia the event of airy coziflict ar any inconsistency between the Agreement and this Addendum, the provisi©ns of this Addendum shall govern and control. C1TY OF CORPUS CHRISTI "CUSTGMER") Gamer Enviroriniental Services, Tnc )3y: By: 4 Date: ~-~- Title: Vice President of_Disaster Response Det~: August 16, 2407 + Iiy direction of arts Chatribers -- __ ._ ._ -. .. ... ....... ~.. ~.._ _. ~ ....._... ...-4........___..___~___.~_____.__.___... ~ . _ ..{-___. _.. __ t ... _ .__... _...... 7 ; ... ~`~ i ~x~xBx~ c CONTRACT EOC Emergency Response Servzces Supply/Service Agreement Na. _Jg~; n s~_ ps~'~ TH15 EOC Emergency Response Services C4I~ITRACT (finis "Agreement") is entered into by and between Garner Environmental Serv_ice~, Inc. (the "Contractor"} and the City of Carpus Christi, a Texas home-rule municipal corporation (the "City"} affective for all purposes upon execution by the Assistant Director~of Financial Services or his designee. WHEREAS Contractor has proposed to provide EOC Emergency Response Services in. response to Bid Invitation Na. B)r-017-07 in accordance with Specifica#ion 1150, dated 7/201Q7 which is ineorp~rated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the best'value bidder; NaW, THEREFORE, Contractor and City erxter into this Agreement and agree as failows_ 1. Services. Contractor will perforrta EQC Emergency Response Services in accordance with SpeciBcatiom 1150. 2. Term. This Agreerr~ent is for twelve (l2) months from notification by the City to the Contractor to commence. The term includes an option to extend For up to four additional twelve_month periods subject to the approval of the Contractor and the City Manager or his designee. 3. Cattfract 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. All of the Contractor's notices or camrrxunications regarding this Agreement must be directed to the Contract Administrator, who is the Emergency Management Coordinator. ~_ Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. AG2210.OP4.ajr Rev. 9_96 .~ 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company{ies} must deliver a Gertifeate of Insurance, as proof of the required insurance coverages and to the Contract Administrator. Additionally, the Certificate must state that the .Emergency Management Coordinator will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages ar 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 15 days of the City Manager`s writken. request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City`s right to withhold consent to such assignment is within the sole discretion of the City an any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City {the City's fiscal year ends on July 3Yst~, is subject to appropriations and budget approval providing far covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that deterrrxination is within the sale discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any terar~ ar condition of this Agreement, or Specification 1X50, or the Contractor's bid offer to Bid Tnvifatian l~lo. BI-0217-07 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws anal laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law far any legal disputes arising out of tliis Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Sube4ntraetors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Emergency lYlanageme>at Caorctir~ator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcantractar and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. ACe2210.OQ4,a}r Acv. 9-46 . _. 1 J t _l~i ~~J" ~~~ 12. Te~minatiore. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid JEfavitation Na. BI-x21.7-07 or Specif cation No. I1.SD. Failure to keep ail insurance policies ir< farce for the entire term of this Agreement is grounds for termination, The Contract Admizaistrator must give the Contractor five {S) work days 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 Manager nnay terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (2D} days written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Poiicy. The Contractor rniust adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has azero-tolerance drug policy. iS. Violence Poticy,The Contractor must adapt a Violence in the Workplace and related .hiring policy that substantially conforms to the City's policy, The City has azero-tolerance violence in the workplace policy. 16. Notice, Notice ray be given by fax, hand delivery or certified mail, postage prepaid, arxd is received on the day faxed or hand-delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: 1F TO CITY: City of Corpus Christi Attention: Emergency Management Coordinator P.O. Box 9277 Carpus Christi, Texas 78469-9277 Fax No.: (361) 826-S~S3 IF T4 CONTRA Contrac#or Contact Person: Address: City, Deer Park Fax No.. CTOR: Garner Environmental Services Inc. .Tohn Temperilli. Vice President of Disaster Response 1717 West 13~' Street Texas 77536 281-478-d29b s CONTRACTOR AGREES TO INDEMNIFY, HOLD HARIYILESS 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 ACTIDIV OF ANY NATURE DNACCOUNT OF DEATH, PERSONAL INJURIES, PRDPERTYLDSS OR DAMAGE DR ANY OTHER .FIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTSS`, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ~A.RE CLAIMED T© ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR TIIE PERFORMANCE OF THIS COI~ITRACT, REGARDLESS OF WHET15iER THE INJURIES, DEATH DR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT DR CONTRIBUTING NEGLIGENCE i3F' INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OP' INDEMNITEES FJNMIXED WITH THE FAULT OF ANY OTI3'ER PERSON DR GROUP. CONTRACTORI{ MUST, AT ITS OIWN EXPEN.S.Is", INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TQ THEIR SETTLEMENT" D.8 OTHER ,DIS'POSITIDN, DEFEND ALL ACTIONS` BASED THEREON WITH COUNSEL .SATISFACTORY TD INDEMNITEES AND PAY ALL CHARGES DF ATTORNEY AND ALL OTHER COSTS AND EXPENSES DF ANY.I~IND ARISING FROM ANY OF SAID LIABILITY, DAIVIAGE, LOSS, CLAIMS, DEMANDS O.R ACTIONS: SIGNED this i6t3~ day of August , zao7. Cantracto~' Garner Environmental Services, Inc. U '' John Tetnperi.lli, by direction o~ Otis Charnbars Title: Vice President of Disaster ResFOnse CITY C~ Cd~RlPU~ (~I~tISTI ("CITY") Assistant Director of Financial Services APPROVED THIS DAY OF 2a0~` MARY KAY FISCHE CITY ATTORNEY gy: ~Gi1 ~- C~ Veronica Qcanas Assistant City Attorney Exhibit A: Speci~catian 115a dafied 7lzaf07 E~chibit B: Bid Invitation No. BI-az17-07 Exhibit C: Insurance Requirements ,* ' ~ ! t . CYTY ~~ CORPUS CHRYS'~`I, TEXAS Supply Agreement No.: SA08-003 Amendment Na.: 1 Date: September 11, 2008 The CITY OF C©RPUS CHRISTI, TEXAS hereinafter referred to as the City, and Garner Environmental Services, inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and ali other duly executed amendments, constitutes the entire agreement under the aba~re-referenced Supply Agreement between the City and the Contractor. The City and tha Contractor da hereby agree to exercise the first of four twelve- month extensions. Therefore, the contract is hereby extended from August 21, 2008 and continuing through August 20, 2009. Il. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. ~r ,f ~~ /30!08 Otis Clambers Date Executive Vice President Carrier Environmental Services, Inc. p Y~ ~~ rich el Barrera Dat AssistantDirector ofFinancial Services City of Corpus Christi, Texas ~ ~ ~ ti .~ CTT'Y 4F CO~tPUS CH~IST~, TES Supply Agreement No.: SA08-003 Amendment No.: 2 Date: May 22.2fl08 The CITY DE GCRPUS CHRIST!, TEXAS hereinafter referred to as the City, and Garner Environmental Services, lnc., hereinafter referred to as the Gantraetar, do hereby make and enter into #his Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above-referenced Supply Agreement between the City and the Contractor. The City and the Contractor da hereby agree to exercise the second of four twelve-month extensions. Therefore, the contract is hereby extended from August 21, 2009 and continuing through August 20, 20'i0. Contractor and the City agree to and shall abide by all terms and conditions of the oeiginal Contract acrd any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. Otrs Chambers Date Executive Vice President Garmer Environmental Services, Inc. ' 0~ Michae anrera Da e Assistant Directoz of`Financiat Services City of Corpus Christi, Texas ~ ~ L... ~ CITY QF CQRPUS CHRISTI, TEAS ~` !t.lt, Supply Agreement No.: SA08-003 ~~~ ~~~ ~~Amir~~idinent o.: 3 Date: July 21, 2010 The CITY Q1= CpRF'US CHRISTf, TEXAS hereinafter referred to as the City, and Garner Environmental Services, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duty . executed amendments, constitutes the entire agreement under the above-referenced Supply Agreement between the City and the Contractor. The City and the Contractor do hereby agree to exercise the third of four extensions and further agree that said third extension shall be for sixteen months commencing on August 21, 2010 and continuing through ^ecember 20, 2Q11. The purpose of exercising the extension far sixteen months, instead of twelve, is to ensure continuity through hurricane season. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. Contractor and the City agree that the 2010 Disaster Response Rates apply through December 2Q10 and that updated 2x11 Disaster Response Rates will apply during 20'1'1. ~~ a! ,o Mich el E. ttaway 7r. Bate Executive 'Vice president Garner Envia-onrnental Sez~vices, Inc. ~~ ~ r~ Michae arrera ~` Dat Assistant Director of Financial Servi;ves City o~ Corpus Christi, Texas f- EXI3~IBIT D J.. ~. ~~.~ GA,RNFH FNVfRQNNlENT,4C SER~IICE'S, INC. CIJRPDftAT'E OFFICE: 1717 W. 13TH STREET, DEER PARK, TX 77536 •z8.i-930-.2200 ~8~0-424-17.16 .luly 21, 2D10 EMERGENCY RESPaNBE DISASTER RESPONSi~ ENDIISTRIAE_ SERVICES WRSTE FtIIAiVAGEMENT REME=DlATlON f lEALTH & SAFI=TY TRAINING FCC2UIi~ME3+iT SAES Mr. Paul Pierce City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Ph: 361.-826-3 164 Pax: 361-826-4374 Re: Nueces County adoption letter of City of Corpus Christi Supply Agreement Dear Mr. Pierce: ha response to your request, please except this letter as Garner's intent to respand, as needed, as available, to Nueces County, Texas, in the event of a disaster, subject to the agreement of Nueces County, Texas to adopt and abide by all terms and conditions set forth in the City of Corpus Christi, Texas Supply Agreement including all payment obligations and provisions and all amendments thereto. Please da not hesitate to contact me at 281.93 0.1 ZDD if you have any questions. Very truly yours, Mic l E. A away 7r. Executive Dice President /nap Enclosure Branch Q, ffices DeerPr~rk, 7X + Ft. ~4rthur, TX • PortRrthur FX • C~rNlcrrque, '~X (Clperotion & Training) (©peratFonsJ (Trafning) (aperotlonsJ 28.t-330-100 409-983-S64S 409-984 9836 4Q9-935-D308 1 1 ~:.,. ~~VV~RQNMENTA~. S~RV~~ES, ti _~ ~~~ DISASTER Ft~Sf~ONSE 4~~~ ~~ ~~~~~.+i~ L~F7~la] ~~ #~C1RC~`A~~~tCG ~1~l~~IC7~' s~r~ rn~vrr~r~o~v Invitat-ora # Bl~v2?7~-U7 ~'J4C?~'~S~L ~C~~ EDP L't'i11~~~~~IC~ ~4~5~~.~~ ~~~~~~LS ....) ~lul y 24f 2`(~f~ ~ J '~ ~~ Table of Cantent~ 11`ITRODUCTIOIV ............................................................................................................................3 1.EF iNFDF2MATION SPECIFIC TD Tt~EPROPDSAL ......................................................................4 1.1 STATEMENT ........................................................................°.--..._._..................................................... ~ 1.2 ABILITY Tq PROVIDE EM17tGfNCY STANDBY SERVIGES ............................................._......_..._...._..---..__.... 4 1.3 EXAINPLES OP CIJRRt=NT GgNTRACT3 .................................................................................................... ~3 1.e~ DJSASTER RESPgNSE$ERVfGES ........................................................................................................... S 1.5 OPERATIgNS ................................................................................................. .................................6 1.6 TR.aINJNG ............................................................... ......................................................................... $ 2.0 MASTER BID SID. B!-Q277-07 ......................................................................................10 3.0 METt-EODDLDGIES .................................................. ......................................................35 4.0 STAFI=ING: C~EUh+I~3ERS, ~tTL>;S, ~DUGATIDN ~c ~XF'~RI~IDICE ............................................37 4.1 Et,~PLaY~J=_s ANJI MANJ=owER..,................ ........................................---.......................................,....... 37 4.Z PER5QNNEL Blos .........................•--------................................................».....................,.................... 3~ 5.0 RESPONSE HISTORY ......................................................................................................45 5.Q SUJL7MA14Y qF SERVICES, PROJECT&, AND RfESPONStwS RELATED TO PRQPd5AL ..................................... Rr5 5.1 f REVIUUS EXPERIENCE dF CONTRACTUR ............................................................................................ 4$ &.0 REFhRI=NcI=s .............. ................._...........,....................................._...,......,..,........,.,..54 7.D DISASTI=R RESPONSE RATE SHEI`7 ...............................................................................57 - 8.0 ADDITIDIJAL EXPERIENCE AND SERVICES ............. ...+__. _...._..........................................,83 $.Q OPERATIONS. • 83 8.1 TRAININC ...............................................................................................:.......................................... $5 $..z EpUIPMENT$Ai,ES ........................................................................................................................... $5 9.0 ADDITIONAL INFDRMATIDN .............................................................................................$7 S.Q SMALL $USINESS Si1BCONTRACTING PLAN .......................................................................................... $T 9.1 EQUAI. Err<PLOYMENT OPJ'DRTLFNITY PROGRAM .........................„...,.............................................,.__..- $7 9.~ GARNER ENViRONNSENTAE.S1=RVEC1=S, INC.1509Q01-2Q01 CERTIFIED ...............................-.................. $9 10.0 CERTIFICATE DF IAISL.IIxAPICE ..........................................................................................9E1« 1'I,0 FINANCIAL STATEMENTS 2005-2006 .............................................................................91 z 1 ;'~~ ~ntrvdu~~ian Garner Environmental Services, Inc. (Garner) is pleased to submit the following proposal to the City of Corpus Christi, Purchasing Division far ECC Emergency Response Services. Garner is uniquely qualified to execute this contract and brings a tremendous depth of experience and expertise. The information in this proposal will illustrate the many talents, skilis and resources we have to deliver for this contract and will also demonstrate our commitment and ability to provide the highest quality services. It is the intent of Garner, in submitting ifiis proposal, to meet all of the requirements and specifications necessary far this request. We hope that you find this proposal comptete and concise. If you have any questions or require additional information, please contact John Temperilli, Vice President of Disaster Response at {289) 93(1--12Qg or by email at ~tem erilli arner=es.com_ Sincerely, John ~emperilti Vice President of Disaster Response 3 ~ --~ ~---~---. ..- r---~-~- -------~-----~_--~___._.~ ..__.__ 0 C> ~~ ! 1 ~~ 7.O ~nforimat~on Sped#~c ~a- the Pr'aposal 7 »9 3fafement l=vents of the last several years have underscored the staggering social, economic and political impact of natural disasters an people and communities throughout the world. Events in the united States since 2gf}'[ have demonstrated the absolute need to coordinate closely planning and preparation, as well as response and recovery. This was particularly demonstrated by the devastation wrought by Katrina and Rita fn 2005. Coordination with our contract partners, as welt as with alliance firms that share the nation that coordination in advance will ensure the commonwealth can respond quickly to save lives, save property, and use state and federal funding fairly, reasonably and {~rudentfy is key. Wlxert federal; stale ar focal governments are threatened or impacted by a disaster, Garner will mobilize #a assist federal, state and local governmen#s with support to local response and recovery operations as requested with key management personnel to the client's Emergency Operations Center andlor one of the alternate Emergency Operations Centers as warranted. Garner will also deploy adjunct field operations personnel as requested and a turnkey logistical package (personnel, equipmen#, and communications). Garners support will allow the Federal, State andlor Local Emergency Response Team to extend its direction and control capabilities into the impacted area. The area of operations assigned to ~_ _~ Garner and the Federal, State andlor Locai Emergency Response Teams will be determined based an the magnitude of the impact, logistics Involved in service delivery, and the complexitylstatus of the impacted local governments. Ideally the Federal, State andlor Local Emergency Response Teams will be assigned to one jurisdiction (e.g, county or municipality), however, circumstances may dictate that multiple counties be served by the Federal, S#ate andlor Local Emergency Response Teams with liaison teams assigned to each county for intergoverr-Emental planning and coordination of resources. Garner personnel may operate at multiple Logistical Staging Area (LSA) sites statewide in suppor# of multiple missions. ~.2 . AbiliEy to Pra~de Emergency standby Services Founded in 1981, GES l=nvironmental Services, lnc. (Garner) Garner is an international environmental and emergency response firm based in ldouston, Texas with branch offices in La Marque, Texas; Port Arthur, Texas; and, New Orleans, Louisiana. Garner an lSO 9001-2000 certified privately owned firm, has been providing professienai emergency response services to its valued customers for over 25 years. Garner provides fast, efficient, professional global response services 24 hours a day, 7 days a week. Safeky, efficiency, and experience serve as hallmarks of Corner's success in dealing with any natural or human induced catastrophe, Garner is comprised of four main areas: Operations, Training, Emergency Response Services, and Equipment Sales. Gamer utilizes our response experience as an encyclopedia of lessons learned to provide realistic and practical approaches in responding to a variety of emergencies. As a response organization, we offer the skin sets, flexibility and lakeral thinking necessary for sound, strategic and tactical decision-making in emergency situations. The following is a summary of our services, projects and responses that are directly related to this proposal and related specific tasks ~,..~ 4 ........ '~~3 samples 4f Cuirren# Co~fracEs •:+ State of Florida +:• State of Louisiana +:~ Commonwea{th of Massachusetts +:+ State of Nevv York •:+ State of South Catalina *:+ State of Utah -:+ State of Virginia •:+ Chambers County, Texas :+ Qrange County, Texas +:• City of Beaumont, Texas •~• City of Corpus Christi, Texas +.+ City of Gropes, Texas +:+ ~ ~ City of Nederland, Texas ~ +:+ City of Newport Nevus, Virginia •:+ City of Norfolk, Virginia +:* Gity of C3range, Texas +*+ City of Port Arthur, Texas +:+ City of Richmond, Virginia +*+ City of Virginia Beach, Virginia +:~ Parish of Calcasieu, Louisiana ~. _~ ..--'-----.-.... 1 J C~ 'f,4 D"waster R~sPanse Servr2ces --- ---- Garner is a turnkey response company that responds to Flurricanes, Earthquakes, Tornadoes, Floods, Wildfires, Oil Spills, Ice Storms, Hazardous Materials incidents, Terrorist Attacks, Weapons of mass destruction, disease-carrying vector control, biological and Viral threats, Fireslexplosions and any o#her man-made or natural disasters. Garner provides a wide variety of emergency response and recovery resources such as generators, hazardous materials response equipment, and disaster management personnel, As a turnkey provider for response services Garner provides all tabor, supervision, equipment, supplies, during and in preparation of emergencies and disasters, to include, loading !unloading, transportation to deliver, installation and rnoNtoring of equipment, quality control, technical advice and reporting. Garner provides disaster preparedness, response and plan writing services. Garner provides these services to county, state, and federal agencies as well as to private industry. Garner disaster response experience is wide and varied' including spraying for mosquitoes during a ~lllest File Virus outbreak; procurerr~ent and delivery of materials, equipmen# and personnel to remote regions for a 2,000 bbl oil spill in Bolivia; helping to control and suppress wild fires in Florida; or providing turnkey pump, power, and materials handling resources for disasters, both manmade and natural. Garner was also a prime contractor in the New York World Trade Center cleanup effort with personnel working on the Staten Island Forensic bebris recovery project. 1,5 i3pera#ions Garner responds to any type of emergency incident with professional personnel to ensure a safe, effective, and compliant response. Garner employs fully certified, extensively trained, and widely C ~ experienced personnel. Each Response Team is outfitted with state-of-art equipment and instrumentation. Practical field experience coupled with superior equipment enables Garner to dispatch an appropriate response to any emergency within minutes of the call. Garner is quick to mitigate the spill, i.e, contain and prevent the spread of material into the surrounding environment. A timely, safe, and cost conscience response minimizes the impact to the surrounding environment, and therefore, limits expense and liability to the clien#. Each Garner responder is well disciplined in proper safety material handling, communications, and quality awareness. '1.B Trait~irtg Garner specializes in four areas of training: Oil Spill, HazMat, Rescue and EMS. AEI classes meet all OSHA, NFPA and other federally mandated standards. Training classes are tailored to each client`s Heads and address client-specific work policies. ~._~ s O ~...~ Garner Disaster Response Services ProfessionaE Services & Support _- i;OC f EMAC Staff Surge Support • LSA (Logistical Staging Area) j Management • PoD (Points of Distribution) Mobilization & 5eippart • Warehouse opera#ions Support • VSAT 1 Satelli#e Communications • Fuel Supply ! C3istr'rbution Support f Management • Evacuation Support Fire Suppression Support • Foad, Water, & ice Procurement • i3isaster Preparedness -- Flan Writing & Support 1 drifts I Exercises • Training - IC51 i=SF! Hazr~roper f Rescue f Confined Space ~'ieid ~ Operations Support • Emergency Power • Material Handling Equipment Emergency Pumping • Heavy Equipment • Base Garrsps • Hazardous Material Response Emergency Lighting • Temporary Housing ~+lass Cie-Contamination • Beach Restoration • Household Hazardous Waste • White Goods • Rescue & Body Recovery • Forensics C}ebris Segregation ~ Evidence Recovery • Animal Carcass Recovery & C)isposai • Mass Animal C)epopula#ion (Avian) Insitu C3urning:~ 7 ~_ ~~ Garner Emergency Response, Training & Other Services Emergency Response ~ Training • ail & Naz-Mat Spills Clean-lap • HA~V1fOPER • Barge Leaks f Marine Copisions Technical Rescue • Truck Rollovers !Transfers • Confined Space & Rescue • Raii Car laewailments Specialized Training • Bndy Retrieval & Bio Hazard Clean-up First Aid f CPR f AED Air Monitoring + Industrial Firefighting • U.S. Coast Guard O.S.R.©. Chemical Specific Tra":Wing • CHEMTRFC Approved Contractor CilSpiil Response • Incident Command • High-+vay Transportation Specific Hazard • Railcar Transportation >;tnergency + Weapons of Mass E}estruction • Awareness • ReSpOrlSe Confined Space Sewer Cleaning & Dewatering Stand-By Rescue Large Diameter 5evrrer Cleaning • Medical Technicians i7ewatering • Safety Professionals * ServiCES • Fire 1 Hole Watch l3igester ~ Sump Cleanino~ • Storm 1Nater Vessels Specialty Submersible Pumps a Sealer Cleaning Equipment 8 r (~ f~dustrial cervices « Tank, Pipelines & Vessel Cleaning • Retention Ponds • Heat Exchanger Cleaning • Separator Cleaning ©rilling Rigs Harbor Facilities • Remediation • Waste lNanagemenf & Disposal Services « Facility & Equipmen# Decontamination E]ry & !_lqufd Vacuum Truck Services ~quipmenf & Product Saps • 5ori~ents • Containment Boam • Skimmers Custorrl Spill Kits • Boom Reels • Response 7rai#ers • Ovarpack DrurrEs • Temporary Storage + Specialty Chemicals • 1Ellastevs-aterequipment • Oii f Wa#er Separators .~ r .._~ s i v O ~.~ 1 2~~ Master BFd No~ B~~aZ7'T~0"~ Garner has access to all Types of emergency equipment. In accordance with the bid in-~itation Garner has populated the fallow required proposal farms with pricing. Rlease reference the I]isaster Response Rate Schedule for additional products anti services not already listed in the required proposal forms. C:~ t !•~...~ 1v L v U ~....~ C ITV OF CDRP'TJS CHRISTI PCJIZCHASII~IC DIVISION P. O, BOX 9277- CO1tI'US CIiItLSTI, TEXAS 7$A64-9277 BID INVITATION INVITATIObiTO: TtQVri'A7iONNt7.: BI- 2 7- (h7ustappear on Bidder's rettnn'dxvelope} coi~tol7lTx: Es7C Emergency Response Sewvlces MiclraeE Sarrera Asslstatat Director oI` I+`Irtax+clal Services Telepkttrtte: (351) $8{}-316D "Thesedocumentemuatbepraptxlyca le#cdandretumed. It~uISITI~rNO. (s} k3I13 CLOSING TiMS: 11:64 AM Central "time A.ngust 1, 7Ai17 (By Purchasing I}ivision Time Stamp} This inVitatitxt includes these fomrs: +Sid Invilslion Notice to A!i Bidders For infomlatiotl contest: Insttuctions.Yo Bidders 3tsrtdard purchase Terms & Conditions *13id Sheet Iirsuranee Requisrmenls Soppiy Agreemer3t3tartdard Provisions 3pecifcalian 1€SD *Contract +Minoriiy ~nsinesa Enterprise InfotmatianFosm "I)iaciasare ofInterest BID (ftefer to "Instructions to Bidders" before cdrtiple€i-:~ The undecsi$ngd, by hiaJfter sign attune, Tcpresents drat iee/sitc is sirthorized to bind the Bidder to ftrliy comply with the tem3s and e onditiona of the attached Bid Igvi€alion, Speciiicaticuis, acid Special Provisions for the amount(s) shown art ttte accompanying bid sheet(s), if the ufI'er is accepter wil}dre ^ calrttdar day s (9D days unless a different peliod is inserted) after data of bid opening. x'iem Name Garner ~nvlrortmenfai Services, Inc. 'I'eiephane: Zt31 930-.1200 Bzf. Address: 1717 West 13a` 3freet City: Deer Dark State: T'X Zip: 77Si5 l~' Sl tore of Person Au~ttioriaed to Sign Iqd signer's ~ittme: JoSuR'I'ern_Perllll _- _ 1'ttIe: (FIQ'dSe print 9r type) Fax: 281-47$-029G ~-mall; ~temperil[ia[~arner-es.cam Date: 27J"C3f.1'2 007 VtcePresldertt, Disaster Response X11 L__ . ___._.. .. .. ... .. _~ ____-. ~_.~. ..- .... __.__.___. _.~v~._._-_..._... - -. ` .. ... __~~.~ .. .. .__.. J 1vOTICE TO~AL~., DODDERS BIDDER SHALL LrNCLOSE IN A SEALED ENVELOPE ACIDRESSED '~'Q_'i`AE CITY OT CORPUS CHRISTI, pUItC~AASING Dn'ISIdNs_~ ~ Ql~GINAL AI~1D 41'~ C~I'~'' OF_ ALL BID DQ~ITMFN'T~ U..13 ~L~ The bid invitation ututtber acrd bid opening, date must be shown in the lower left Rand comer d~ilte sealed envelope. Z. "Ilse Sid I~xvitation and alt Bid Sheets must be signed by Bidder. 3. Bidder itnzst state if bid is all or none, or il' any other eonditioas apply, otherwise, City ma~* p#ck and choose Betty ifem or group of penis aceordfng to fhe Ctty's best 6tte1'est. Before subtnittittg your bid, please read all bid invitation dacitments carefully, EFthere are gnestiatts, contact the buyer indicated on the Bid Inuits#ion. Any discrepancies betwee~t the bid invitation and tl-e Bidder's response generally extend the bid e~aluatiotl period and often cat>ge the bid to be declared non-responsive. ItACSIMIL)~ BIDS: 79te City Charter regttizea that all bids sttbmiitted be sealed and delivered in the maruter t ~ regttired by the bid invitation, to be opened in the presenoe of Dire or more City employees a~td those Bidders desiring to be present. Therefore, bids submitted directly to tE]e City lty facsimile machine will be considered axon-responsive. ~~ 72 rl CITY OF COIiPIfS CHRISTI Pf3RC~iAS~G AIVLST01ti INSTRUCTI©NS TQ BIDDRIiS Preparation of $Idx Any expl~rratimr drsirrd bIr a Bidder regarding the meaning or irttatpretaliort of lire invitation, dretvings, speoiticafiona, ela., tarot be aagrtestedvr svrikng tts Purchasing with sufficient lime allowed for a reply to reaoh Biddaa before the subrtdssiorr of their bids. Oral exp]en~flnm or irratrtmtious given before the award of the contract vrill not be binding. Any irtfamtstirort given to a prospecfive Biddcr'cancerttirsg an imitation will )K Curmahed to all prospeCtiVQ Bidders u en amendmenkto the invitation, i€sttchintarmation is necessary to Bidders inaubrrritting bids an sire invilation ai iCthe ]sett of suehinfonnationwould be prejudiaai to uniiafasrrred Bidders. 1. 3pedff~tions Bidders arc expected to exerrkne the speci5ea6ms, drawings, standard paovisiarss and all iatst<i>Gtiotas. Failure to do ae will be at the liidder'arisk, Bidderamayprovidaeproductexceedtngsptwificstiorss as aneltematebjd,iftheysndesira. 2. In[oryuaHon Reguh+ed Bach Bidder shell ibntish the tnfortlaaFion required by fire invitation. The Hidden shall sign the Bid Envi~tiota, Bld Sleet, ~ when appropriate, Speci$catiora. lrasuaas m other ohangea rnrnt be uti6aled by the persart aigresg the offer. Bids signed by err agent are [n be eccornpeniedby evidence ofhu srdh~ityunlessauch evidertoe has bean previoarslyfttmislaed to the [Styptttphasing office. A. The Bidder should grrgQe its Iowrst and beat price, F.O.S. destination t5n oath ifarrr. if delivery sod shipping gaanGfles affect utdk hid price, rnnl6ple Lids may be made so as to indicate pricy break" gnan6ties in order far the sty to determine maximum eronorr:+C bartefits. Pricingstaould include par3taging and hansporlahon aadess otherwise speafied Priang shaft be entered antLo Bid Sheet in ink ar typewratten Totals shall be entered in the Tofat Prig" coiumd of the~Bid Sheet. Irt Case of diacrep3ncy between wut price and eadeatded price, the rrrdt price vesll be presumed to be tannest, S. Bids siwuid be fltrn. 1f the Bidder, however, believes it r>rcessary to base i!s price rna price adjustrnent, such a trill may be cons'sdered, but Drily as an ellelrtate bid C. Transpratation Charges. if the t]rsoted pttsx does not include transportatinrr charges, arch cirerges rmrst be itemimed sap;rrately; provided, however, that tba l~ty shall brave the right to designate what mettrod of Fratuapa[fation shall be asedto ship the goods, ~.-~ I). Taxes, Tire City does not have, to pay Federal F.xdse Taxes and Texas artd 1gGS1 miail sales and [tie tarter. Tax exemption ecrtificates can be prw~idcd upon ngaest E. Time, it' staled as a rrranber of days, will ineErde Saturdays, Stitndays, and holidays. Time of delivery is part of the bid and very important Ths requ'srGd delivery dale indicated is at point of destisration If the indicated data cannot be met or data is oat indicated, Bidder shall state its best delivery time. F. If the bid imitation indicates "sFproved equal" products era acceptable, the seller may oIIer an "eQaaal" procLtct as an allenratc bid. Finrol "approved eoiuaE° deterrninatiartnemainswith lbe City. D. Bids subtnit#ed onother tLart City fixnts or wish differerd tams or provisions ntay notbe costsidered as responsive Lids. 3. Svbmisstori of Bids A. Sealed bids aLould be rettmeed in an envelope marfced rnr the outsde with the Biddat's name and address and Ltd parmber- Address to: City of Corpus Claiati Prxchasingl)ivlsiat P. O. Box9277 Corpus Christi, Texas 78469-9277 BID 1Q0.: BID DAIS: B. Sealed bids may ba. delivered in perso¢r az try courier to the Putclrasing 17ivisiart on the 4th Floor of City Hall at 1281 Leopard Street; Corpus CL[isti,Texasy 784[71-2825. C. Bids roar[ bs returned in sutliciEtrt time so as to be rxaived and tirtae stamped akthe above locatirra cx~ orbefore ibe published bid date end lime shown an line hid invitation. Bids reGetvcd alter the published tune and date Gannoi be corkcidered f •....~ 13 J 4. Ii'Iadlllcaiion orVl'ftlrdrawal ofBldg ]aids maybe moth@Ed or withdrawn by written ar Telegraphic notice received by fire City prrchaffing n115ce prior to the exact isoru and date speci$ed Ear receipt of bids. A lsid may also i>c withdrawn in person by a Bidder ar his autlbrizod t>:~eserrtadve, provided lus idastity is made larawn and Ire rigor a xecedpt Cor the bid, but ardy if the withdrawal is made prior to the exact hate and date set for the receipt of bids 5. &valuatfa>r Itaetari A. Most Advantageous ]aid 'l7eo City wi}I award parchase orders and crnrtrsets to the lo+vest end responsible Bidder wlsich repre§enti the mostadvardageuuc lad to fire City, price ersd ofher factors considered. iri determirs[ng the "most edvenfageous^ hid or proposal. price, quarrlifiable factors, artd other t?3ctars are considered. Tbls would include epecillcatiosrs, delivery requirements, The irriGe! puchase price, tiffs expectarwy, Dart of maintenance end operation, operating e$eimcy, training requiremania, dispose! vaiae, and other factors cwrtributirsg to the overall acquisition msf of an item. Cnnsideratian ~y be giveay but not necessarily iimited to conEom$ty to the spea5caliars, prorhrd warranty, s t3sdder'e proposed service. ability to supply and provide service, delivery to regrrired schedules, and peat performance in outer contracts with Ilse airy irtelruting iit»eiy delivery B. Brat Vnlve Bid AitemaYively, the Qty may ewardptuchase orders and cenhaets to fire Bidder who submila tic overall best value based upon the criteria set out in the bid C. Pertisl Awards. Bidders rosy frurtisls pricing for alt. os any poAian of t}re bid invitation. Unless the Bidder aped&ca othatvise in h'ss bid, the City nmy award the cot>jraet for azry item or group ofitems shovm onthe bid imitatimr. D. Reaorvatirnt5. The City expressly reserves the right ta; 1. Waive as an infmmelity, nrirtor dcviaiions frean specifications et a lower price than tfre low bid meeting all aspects of iha speeif3catioas and coresideriT, ifit is determined tint tafa] cost is lower end the avarail funcfirn is improved or not impaired; 2. Waive anyde€act, irxegrilarityarin£wrnalityinanybidarbiddingproeedure; 3. Reject or eancct enyor all bids; d. Reissue a bid invitation; C ~~ S. ibttendthebidopeniggtimeanddste; 6. Procrtreanyitembyothamrsuts; 7. Increase or decrease fire quantity specified in the bid irnritetierr, unless the B'sdder s~cities otherwise; 8. Considea and accept an alternate bid as provided herein when most advantageous to the city- 8. Aaeptauce Acceptance of Bidder's o(Fer for an open market purroloase vrill he in rise form of a prucha~ order. Acrxptance of Bidder's offer for slrpplyagreements will betiyeaoeptance letter. ~sbsegsterst purohase orders and re]ease orders may ha issuedas appropriate- 7. Coatticte of lMerest Bidders roust corrrpiy with the cor~fliet of interest provisiarav of fire City Charier and Code of 6rdinances. Prior to the svtxnission of any bid, Bach Bidder mast file with the Ciry purchasing olTiee a disclossre of interests on the form suplrlied by the GSty. Bidders ere obligated to provide updated information ecarcerrsirrg tits disclosure of interests, as warranted, tiuoughout the time the bids are being cnuidered Bidrl°as who already have a usrresd disclosure of sntenest Toren on Ti3e in the City purchasing affix will not be required tp submit a separate feat wit11 their bids provided that they have signed the certificate an the Bid Skeet ceriiEfing lhet the dvsclostue oC interestinfatma5on on 61a is crurerttand true. S. ~geeal ~sploytneui C+ir~rortuotty Bidders ere expected to comply with the ATlfitrrtafive Ac$on Policy Statement of the City vdthrespect fo its prwisiorts concemlreg conhactors. Arry complaints filed with the City allegie5g tlmt a Bidder is not an Equal6pporlunity Errtplayex due Eo activities arising dwirrg a previous City contract will be as€erred to the hssman relatictts crArimis~ion of The Cify for the purpose of review and recommendation. Sutrunaries of reports by the human re]a$ons adrnirusbator or the corrurrisslrxt maybe mrsidered in any tlrbue bid awards by the City. 3ha City expressly reserves the €ight b consider such reports in dtieernining fire best bid_ ~ _~ ~~ i) ~~~ n~ ~t7~U$ ~~„~~~ PI1CtC~lASiNG DiVISIQfiT S.~AIhTDA12D PUItC~iASE 1'IEEt~S AND COPTDITYON9 l~ sellar,ad dty agrta ti fdtawn 1. SSf,1Btt7a PAt.9CAtyS tleyQnS S¢Fe:wlNptekrgegoodaln aceartbPCe with good cammetdd etiw.8aoh>trlmlag tmltinar dulllKd®,Ey+adpesu.satmly matted enid[ows (a}Sella'ln.me aeaadd tddrnR (b)S7ondgneYs.atn6, rddren i~pua#oe order to pdtttnre rdou auabrr sail tlra igreimed number tf appAatFq (¢) Coaglea nnmha aril lofaE uwfia PI oonlrl+.rs, .gg,, bra 1 ¢f A bailee rqd (d) tha nomherdffiv Wdilrtrr beadng the packing sllpr Sdier drill 6Nr ..vd vfpr&+gl¢8 emicq ol5awlre prwlded Oavdl dr.q bs mitaliy parYcd W newrv f¢wr>f trp~epptlssipatatiW toot Rail io mnfarr0. Iv tt9x11smrnta ¢d ep[amo¢ deden end say s5ffaePFa ~tmmpaaled lrytyppeddtih eta pd~hi.rddl be 9net sail candu#va oa 2 sH~rkgHTU1rD3S&RPSSRVATf6NPAO~HtgXTgn SeltalertolaulhalasdMddp kaa gaoda mdt{fioavada+ end 0.o lends of a t+IN PE]ersag w1A opaAlo ¢ :tinder Pi 3. 7SiI.8&R18K OP].oas Tha6se.rdrtak oflPa Pfthr geode diW nai pain <o City +¢sl CSty adarl4 recdvea sect Idea poioersfm of the gaols at 9,a pals! a pPird: of dd{very. d. DELIVHRY IBRLSS ATiD TRAT75PORTATION (3IAIt6FS fLO.tx. dexggatlen udta ddlvaq terms ae rpadflPd othmrlu lPft6 qy agrees la rdmturra ss*a for irensyalelica coltsln the emoial apeaaed b Sd1a'a 61q a actual ro i; whtnc~ven It 1aaa, lI the quded dd[vety le®a do Psi iad+de lraoapalrioo aWfi. proydcd CGty shag Lew the dghtfa dedgnala what method e,Ctrenttodatloo shill ha Pasd b chip Ida gordr. S. lao xgYf.AC8xf8H'C OF DISP9CIN8'IBFoEtPA .livery knderaadlvary of goes mdst Nity sm¢Pir uFPo all p'PVtdont allhia omfnci v to dint ofdsUvcry, gadity soil the Ala. Iielar aircard. whlth daeanrffldty mrdn_rrgtble ahaN ranelihrle abreact apd Setlu shill not have tha right b aabsNlufe s emfmnkrg tmdv, peovlded, wl,cro the Smefa ptrfvmsnohes qet yd,~plreQ the Sella mxxyy rgaton vodify City of hie In[,ntlar to vas and mry then make a copforming tgtd.r al4in iMcantrastttme btrt vd dlaward 6. Pf.Af:B PP 1di7fIVFRY the plaea rQ ddtvery aheA be thtt ad foolhia 4e WPCk d ihv paabade acts mlltitd'7letdvldg Agfnsjt° Arty de Wveto ahdl6rstfeded key modi~odrn as provided fu l0. Clrmt 7P haeui erdltk6 '71o39o1fm~" The fe!awr aENii , geaprM aro lroanlvd,Pe ade: 7. n3tifOICYSSe PAYAiE[17I8 e. syla dell a1aeN aspante tovdtea, In dopllcdR on r.ch ywdam ceder a peathatt relraw aQa nddclhsry. Igvaeaa abdi Indisdellrepnrchrre vadcr a predict rdf.s!ffiotbi[tnd lhE wrppty rlgreemmfaramtxtHmdlada ]nrdeer drA1 b iE®lead and franapvdatlm dargea, tt tray, slut[ be led repursldy A mpy of Ilb 6ls ed la6ng, Bard the ifetghr wayyWhId wbrn a r'atfS rhev d be nferLed W the lmrtcm idW he AaT•ueNvB A1vIdoP, ctH df bus C~>idl. P O. ]302 m7T, Cape CLdad, Tatar Tst59,. Pgrotal ehW rail bi ~a vatlI rho above herkamee>f Barr iwhmlNed .ftic ddlvery. h CJ(ya otdigdim lepryab]a miyy Aadsddyfrom fondsavdleHai ibs purporc of qds purehetz 7 silt PCfuadi adrdl rinds 41: cmfaad rail{ sect add to toe azlent fads an td avetla6la and ury ddh•esed Lul uopild la gvgd wEli 6t rr]+rned to seAa tiyCllp, a Do vat inducts F Baal ]?kdsv, SW r a sty Ailey 7tiae qty thdl fum[th tax exrmplfeP eatl9¢afa rgwn Aeeps9- d Paywent taws are rail gd drys d1a the goods aro paotided « service arc comJ8ele4 urcgdreq w a mrrsti hwdeeia rne[veq whidssref 1r1dn, 8, nRAlttfrII?$ 'the Gty rvay, icy erritlen aWce to the sera, grad Wss mPtiaa trt8tovl 11eb11N9 to 5d1sr II t[ tr ddtamined q dry that gcetuldty, Ice the Soren a< enttflatataeoA, glAti a omenrlw, ue» oGaed a gtveA b!'tIe• Sd1a, m 9 aged a rgaeantadae oflha Biller, to ary etgcr a eir»gdeyea of the qky ugh a vlart larraad epxitdrg + tpntrad a arwaimg Av~abie 7rcatneel rl{h carped fo ffir twerding m aeomdngrac the ankleg o,Cary ekteaelnattoar vdth reaped 4 aheperfo~hrg dataL. eadraa, 14 ~: ewrnl thlr ~n.a la crrtcdlcd by cdr pmm rat t¢ Udt pmr3dnn.,~q da11 6ee0.Wled, lA adAN¢ntoary dhe dgbla sect eedediea, io recover ofu[4hdd IM amuuntof fhb rnrt [nanfed ty sdirr }a;rorldlnd wdx grrlddse- 9. BPPtfA4 ~ 7~3Y HQri1PL1gN'C ii lbe glra tiered m the fa« hrreoj t¢dudm the rmtof asx sprdd tao[th~gaapcctrl leg rgdpaenE fahdaled a rega4cd !ry 8dler fur the PpPPryryPre vlBAtgg title mdet,xurh tpartd to-aNng agtdpmmi wd w+y pmeeae ebeeir relrled therdv rhea 6emua lire properly aF the qty aqd to the stmt f d6le ahdtlx ldmtlgrdby theSeila uarrir. LR. ~'IVAAAANTP-PgiCS a. Iha pale b be pdd by the sky @tetl hathdsvaWgcd Ice &Aa'a 6ldufdrL sdkr waa:nla to he qe jigher Ibm sdler'e rzrrtnl prices vn vrden bi oWere for laoeiide of ih• 4dad sad tpedgc}Nm t vged iy thia rgt«ment for dmSFu apantidwpndef dmtlu or like cmmNota aqd mdhod+ofpdrhaea fP the event villa trades tlrie .rrrao¢ltyy the pdm d the gtmr' shill 6t redand b the 9Ellah wnent pdra oq order Ly dka; a in the rNaaativS '~' aaa v+aral Thin cmitntl wllbvht3A61111y tv Shce [ MnrB arSdtar's:cloal orpmse h 'lhssdke waam1e 16elnopuem waallhrg egmryhaebea .aapfyryred aretalaed to mlkdt m acJr• tldf eoifrid iq»6 art egraerotxir or underdaotsag for tommtsetw, pereprkga, brNCengS a emdagrnt feo 8 6ma 9de ®plvfeei ad't:ma ade edehtithed nmmad d w sd9tp egmdEa toehidntd 1'i' Nra Bilker fa 6s P+Ro~ dncceam$ buifness, Pv Freaeh a vlaatlm vE tfiia uuraaty ~e Ci7'aWH hive Siva rlgfi Sa adr8q¢d fa a¢y orbs dglt er rights to tagtel Stir tadr.d wlffied !I•Ultl rxd [o deduct from lire wntred pdeq a dhswiai recorex rtre rhA aglouPt o#audr revunicdeP, pauedagq baokpage w cooNrgtd tee. tf. wA1tAANIY•pROPVGT sWa>irrs ¢d king yr rxdude aryl m""pplied wanmdas and anp dternpl to des la ebdl seder ddt cootrad valdaLl6 rt Ihe, eptlm of drp Ciry- Sd1er 4reeeeda tltd the geode fdmlebed vrr11 co~orm Iv ibe dredbptlmy drawirtge, end Oaaiptiwry Dried iR the F1dIuvlLtlm, soil to Ih6 ramplt{a) Ariddedby SdFu, if airy, is the event d a 2onDErl betwerv ire spsddceaam, drawing; and d®atp3oa5 the ~redpalStm doellgvypm 1Y, SAPSRY wA1tAA:I•rY Biller we-rr¢1a maE Nrapnadset nPld la dtyahaA wPfarm w 4e dmdardapromalgeted hY the U. & Drpatmtvf o! Lbv['wreiat Iha Ompdimat safety and8rdtk ACf' (OSHA). Y¢ &e wm1 lbe prod,ra'dua: rail ooafoim to OSHA daodade, qty mry rttnm the prodod its sWredlm x replertruerd d tha villa's rapvoae. to the cart 9elltr Idte kd Inrkt 4a pproglaEa eac[rcdm Vdffi10. + rnewaahts ikae,oarterdoe m>:de Uydtyglp tr e[3d1e['s sapeeaa. !3, tlli tYAttltAft'fY AY [7f1'At3AII76'TB7FA1HOd M2NTS Aapld o[ihlr cadnd fa sds 9esa Agrees to aarerlehl vhd6a ggoods mr®fit>vred io eerorMott vskgt the spedgcatlom dtaehad m tMa igraeramt wql glvodtc W thadglilful claim aE.rry tHrd Pctsrn by way oflgfdngeindd it the l%ra G9ty me4cr no xarpar[y the Poe prodactlaq of gceda ~ drop b ffis apeddntlm whl Pat gNv dae to wcL ! ddm, ind to To aveoj>ardt City 1r IIeMe to villa faind~lgcetlm is the eveaf the Sditr~s acrd rm 4t gramda eI10.5kPgaritd Pr the t[5cd It 9ttla [s eKthe oyiNOn Ihal .n GrHrgeaaegi arlbe tike wILL teadt, ha qgl nodty qiY 1o IMa effect [a wriling +dtlttn tvro weeks .per Ihp dkPlgg oCWrzgreemeal. lfRty doe; Pd tee3ve notlm andlaavf+sqrmdy 6aa itahla farlhe lnfrlRgcmmi m, tbellka, SEl3auitl save dry harmirs+ tf 8e1{a to gaud frith ecclrtakr d~•S prodnrffvn d A,• gvgdr k. ateerdaree vdao the apeciAcetlaPe wig rrntl Fr ln9'ingenent a the llka, lhta eoPfrrd ebxQ be nu1F and vdd extepl Ihd City wlN py sellatlx rfaonrble sett orbfr seasL as1of0.6[~rrE~Smtrd% 14. R1U8't3,OF t1fgPF.CIIUti tlly ahW Dare tltadgW lolo~al dtegonds rt ddlveq 6efueaerepmgl6ero. tS-G{atcgrsa~Ctt7N (Sly shW Lwe4e dgµ ke oe el far deCeog aAasrY pal dthe undeLLaaid eo or to prdet if sditr haaAea soy of tlee fennf herra[lndvdgg waarLltl[i WJgIK Pr If ~F gills beFPLaa tneo]yppl a oammltt ode Pr 6ePkltlpt4y- tmdr dirt or c.rsdlafirq lr ha aEditlon to acct ¢d Io lSea of oty aka reme3o whirl Clly mey ptvlalawaeggy. ld. TSRM117AT16N The perfomaaee of work bgds this ads may 6o Iwoda.ted hti wkds, to In pan by Me in atmrdfnte Mfb thlr ppsrovkian. 'I'grtdndlw aEwPdr hedmr'de<shdE 66 eUMC the ddlvrry io fire Shcei d t -ttoatt ol3trdY3Pdltxi° spedtyigg the cdeel la whl pttformurn ofwodr padcr lies osdr[lritredae{pd and the dds apes rablch meh tta¢lwgeer bta5vmtr Slfcvfive. S+dr dgLt uflma[nWan is inaddidm to sail ad 1n lieu dMedglde Pt Lyty set raA In dnrex kf, hsda 17. pORCg ldrkTP]rRB NdIPa Wly nhW bt hdd tespomibla for lpae:rb.ddgg SC the N1d1I*¢ad of mY farms aPorl a of thk: eoalnei I. ddryrd a preveaded fry say eaata rail evlthlq the rnutrd of the petty whore pnlertmeno• is fvlerfered ultir, soil xhfrh by the •rsdst o[rramaablrafdlgrner ealdparty [: mrabietopesverd. 18. AS91r3NMlQiT•DSf.BCtA170fi lea dgln mlmuost tP Wr wnlrsct ahW be aafgrted ~Gy `a~y~aryumpl~p1atea aA ddeg~ ay s~elfaedr~.tltlbmepi+L ddq wlu lofdl99lndreedvr fa rl1 pbrpom udearmedetr m¢ttrmltyvrgh this ptnp~aph. 19. wAIYER Na aa1P, or dghL acting ow at a beech oI rids tmhact em Ls Aladaged 1¢ aholc a !o psi by a vr.ts.r wreauod:l]m offbE ddm oadAbl acts:tkt ad.a a xrnu0.c1ase4la aopptded by svnddrNlm eyd latq vrritlag rirpxed by the aggrieved P~fi'- 7R. MODTPtCA7IOTt8 ibSa mntnd erP ba modlfed ar resdnded only bl' a wddgg eigaed l7 6dh olfAepatlra a d,dr ddy a+ltialred eg+Pla, 2L [tiT6RPttft't'A'ktON•PAtiOI.BVmpNClt 'I6lrmidf:g lel¢tandadhyga Patler era Edd expreadm oClbtlr ayeadMt sect t+lofedded elw u s eernplde a ptchedve dahmm! qI the letmr of lhdr agttaead. NP~wuaap oCpdor dediaga 6dwesn the pardra end ao loge or ffia trade a6 W tr eelevaai td mpptaaamf or exptafn enr tees vwd ht this apseemmt Acuplence or utl~ause In s mutaa of pafamance- rmda*ed+nder kit •grmamt drW 0.d 6e rc l to dekmrJne the merdrrg rd tlrle agretmtat sees drwgh the r~Qdnd a asdng pity bar kmx~ledge ct ma pedwmaocv and appMaaity frc PhJcdrod. eoerer, lam ddived q W6 udlarm Cppmerdd Coda la taedh ddA agrta»ad, Ibe definlfoa tnmldhedtq the Codslr tv rmirol. TS. AYYSIG4BI.8I.Aw 7klf a8reern,W drill ba ga+ewcd 6l the IInIE'am Comgadal bode, H'betevdthefmv'UNfnm Cnmmetdd Cede"1a Paeq lt'ehdl b.eooaeued at tnta0.6rg the Valfoem t:awadal Cede n edopled ie der stets pf Tarer as n@'scave soil is fact m the data o[imii a~etvrrN. 13. ADY]xrt77S177Q Sdter ddl¢dad+erdse apebNW, wlfhoret estyy pda orvsmt,lb• Ld 4x1 Oily her calcrvd I0.lo 41s sanlmcl, except m the sxtrat uecersary IP rompiy wklh Roger reapeahr rat ~nfmrq.tim from N rmthodzed teprtcenledv of 1h. FMerd, rule orlo~l)SPVaPR•PL xE- xltlx3' SO A951TlcANCB whenever one petty b ehR sm[nd !n geed }elrh hu saaaar t4 ryraddr {Ea other ~rrty's isdsad lv perfyn 6a nrsy dmmd the{ the ether pa give wAtten aspttenrp of hlr M1wf tv pafonu. In rht wml lhel a de0.wed le wade a¢dao eeaurmeelagfvev ullh#n Sva (f) dryq the dsga0.tiggpertymeytrwt tbka fillwe n at m8rlprtory aepudadm Poke mnixes; 7s, SQUALBbtYLUYt1HtiT OPPOATUtt[7'Y Shca agrees ihs! dalPg thepertmmenee aC4e eeatred ftwltl: a. Ted rx rl~~i ePd doyen w9hoat dsalm[¢aaen es to rase, eda, raliglwf, se>4nedmd od8ln,maAld slafiR age, a hmdre p. b. Identify itself of ad "Fr{uil OPP°~r`h7 Iwtp[ayrf' 10. di hdp i•rvted advatldog ra request. She seAa .hrtl M aefitirM vf,ary trovspld0.lr BEedeith Iha EStj'•seglnl 4NShca Is r(E repots Aomltrlwreau reh9ueidseEnl~etar 7hetS~ sa lea U~ia rl 61 to~~ddu Ire Irtmponx[o mffi aempldpta la ddavu4nlog nhdSes orne>t la terrrlnd•r~y poNrat of [fda wahad for whirl purafiese Orden a wthoAtlea Eo ddtvsr ieve Trot Ltea Indndeq howam, the bills Ia ,cpedlledly advlad tbd nv Hq~.l t}ppoetrrily emplaymenr enaipldn! will be the 6eda [or tanedhdrm of Nalt amind fm r.hlrh a pterLea order 6n 6pcnt®red a atdhorliy W ddivergraded 16. COtiPLiCf'S OP IHIEEtFSi Shca agxsa ro cmapfy w[rh ffie rangid oil lnlereat pwvfdma of flu e'YiyaChadK and Code of O[du•ettu t;diet r$aaa b mdntaht maent, upddM d sure aE IPfamatlon oa Tifa wilfi die qty pmdeea g dSra: lhtoegtwW iba Iran aCEde eentred- '~ rJ j ...... C) ~, CITY OF CORPUS CHRISTI PIJRCII"ASING DIVISID~[ BID SHEET BII,? INYlTATIUN NO. E 01217-07 Revised 7-25-OT PAGE I OE 3 bATlsa; Juty~2.4, Z{llf7 _ .~ ,y~ Garner Eytvlron[ue~fa! Set~+lces Iqr, ~' BIDbER U HQiil~ iDSIt,NATURE 1. Iteirr t,u Iilsftue[lons to 1~dders" and StxndardPurdlage x'em~x and Cnhditlana bet'ora completing bid. 2. Qngteyour beat price, F a.B. Besflnalion; on eae3a item. . 3~ in submitting flile bId, i ter[ity Thal: -a. fhepricga fn This bfdttaYe been arrived at independently,wlfhuY~tconeuttaflon, commu~dr~lion, or agreement vrlih any other Bidder or competitor, far the purpose oii-esirlding competition Frith regard to prices; b. X auz an Equal Opporiunlfy tYnpioyer; and c, the die dasure ofinterest fntormaflon qn Ille tgith Cify pi6'deasing pursuant fq Gie Corte of Ordinance is p~rrent and true. 'l~+elve month supply/service agreementwith option to extend tI~e contract #'or ~. to four [4) adciiiional twelve month periods subject to the agreement of the supplier and the City Manager or leis designee. QTY DESCFtIPTltON U[~IT Weakly Rate Tntal 5 Generator - 480 volts 1540 KVR Weekl $4 QOb.4O $20 4400.00 6 Gsn~rator - 480 volts 1260 KVA Weekl $2,750.00 $16,840.00 B Generator- 480 veils/15t] KVA Sltleekl $1,3OD.00 $91,4DE}.Q4 3 Generator ~ 480 volts !1 d0 KVA tllleek! $7,450.00• $4,350.Q4 7 Cyenerator - 480 v©Its 150 KVA Weekl $1,7t1t1.00 $7,740:44 2 Generator - 480 volts 125 KtlA Vlfeakl $950.pO. ~ $1,30Q.44 2 Generator - 480 volts 112.5 KVA Weelc~ $4E0.00 $820.44 1 ~Generatar - 480 units 110 KVA Week) $4&0.04 ffi;321).44 2 Generator - 240 vans 1100 KVA .Vlfeek~ $1,454.Oi} $2,504:b4 3 .Generator - 240 volts ! 75 KVA Week( $7,304.00 $$,944.04 2 .Generator - 240 volts f~65 KVA Weald $7,2G0.00 $2,5x4:40 7~ Generator - 240 volts 1.50 KVA iNeekl $7,700.00 $~,74RAO 3 Gerieratar - 240 vaft~a f 40 KVA Weeks .$7,46'1.25 $3;7 83.75 1 Generator - 240 volts 130 KVA Weekl $31#0.00 $954.00 12 Generator - 24q valts~f 2S KVR Weekt $354.00 $7 7,4~Q0.44 25 Generator - 240 voEts 112,5~KVA Weekl $4E;4,D0 $7 7,500.44 6 ~a6fe.- 1d0 Ft. 500 MGM 410 [~6.oa~ar~~lper VV6ekl 540.00 $$,1140.00 S =Cable - 10Q Ft. 250 MChA 410 [$~.bO pnrfogtper Wee $804.00 $1,840.0D A(i2Z€O.OUS.ajr Rar. 9.96 ~~ 1-- ~-~ 1 Q ~` J bfB -100 Ft. 710 AVIIG MC (FS.oa parfoaE par a $60D.4t1 $6D4,04 1 ~ k Week! ebls -1 a0 Ft. 410 AWG 41C Iss.~u par roaE Per $6¢4.DD 51,600.A4 3 ~ Weekl QTY DESGRiP7't~N lsf~llT Weekly ra#e Total t 4" X 4' lalesel 1?um Week! $S3b.00 $ti36,U11 1 6" X B" Diesel Pum Weekl #86D.D0 s80.Dr}$ 1 4" Suctlar~/Dlschar s Hose 50' Section Weekf $53.7'6 $63.76 1 B" Suctlanlblschar eHose 50' Sectlan Weekl $171:26 $717.25 1 4 inch Submersibfa K draulfc Pum Waek 51,DOO.OD $7,400.OD 1 B inch 5ubmerslbfe H draulfc Putn Week $'t,3b0.OD $1,3b4,00 5 300 CyFM Pum Welk $4HB.4D $2,330.00 5 500 GPM Pum Week $466.A0 $7,33x.00 5 1000 c3PM Pum ~ WeelCf $796.Ofl $3,978.Dfl 3 Comforf Station -10 &1x11 Ljnit Week $7,562.50 $4,887.84 3 Comfort Statlan -26~ ft. BT lJnlt Weekl $6,bDD.4D $19;800.4}D 6 Shower Units - 4 sfaf! Weekl 57,100.04 $S,BOD.OD 6 Shower units - 6 stall Weekl $3,2b0.04 $19,tiQU.DD B Shower llnlts 12 stall with S sinks Weekl $8,628.D4 $87,784.OD 4 Walk !n Caaler Weekf $403.00 $'1,812.OD 4 Walk in Freezer Weekl $403.40 $1,612.OD i Dump Truck with Sandbagging bnit Rttaehmantl With O stator Week 510,bD4.0D $7D,5DO.Dp 1 Jat Rod Vacuum Truck ~sa~gesuniznraaysxlEh o araEo Week! $16,9Db.00 $16,8Db.D0 2 1000 Gallon 1~uai Tank Week $880.00 $'1,38#1,013 2 20DD Gallon 1=Ue! Tank Weeks ~ $7,3$0.00 $2,76#1.04 5 185 CFM Alt Com ressor Weekl $2b8.7b $1293.78 1 BOOO i[i. Extended Reach Forklift Weekl $2,71Ei.00 $x,776~AD 1 8000 ib. Extended Ruch Forklift WeeiCl $2,9A0,00 $2,944.00 20,OOQ Diesel Fuei Transport Deliveries Minimum Delivery Quantify: Requested A.frtour-f 5erviciug trify location raclcprice, l;Iouston (X) PIus t) Mirtus 15°/n Tauic Wagon. Deliveries Minimum Delivery Quantify: Rerluesfed Amat-trt GAL $3.71 $82,74D.00 A612[O.OU6.~Ir Rav. 4Ab 17 1 i _. .. ----- .. .. ~~ Servicing City location raclcprica. Houston (X) Plus ()Minus ,~5% Gasoline f=oci $2.95 $69,'t'lO.tlO Transport Deliveries Minimum Delivery Quantity: Requested Amount Servicing City location rack price. Houston (X) Plus ()Minus 15% X0,000 Tank Wagon 1?eliveries OAL M"ittimttm. Delivery Quantity; Requested Amnunt Servicing City location rack price, Houston (X) Plus ()Minus 15% hllabllt: Tire f2epai~ Truck (eased ws z man crew $12,07S.U0 $'12,tl75.Oi) Z Workin'12hewsda e Week 50 Porfabie Toilet Faetlitles Week S't2Et.75 $6,637.S1i On-site resEtonse teams to ~e~Eortrt wide ('dnl~e Df enlergenGy SerYfCes, Basedalt4rnan 3 team worldngai40hr.twr8week,wllhNairi7arTraltsran6 I.avel R p as ra ussfed Week $57 7f-fi.dtl $173 250.tiU ~a61e -100 Ft. 4 AW4 41C ~sso©pe; fast per $SOO.p£t $StIQ.OQ 1 WeeEci G~ le - 200 Ft. ;;00 MCM 4!C {ts.on per row pmr $~~OQ.00 $3tlflfl.9d 3 Weeki Ca ble -~t7() Ft.1i00 MCM 4!C (45.OOpwfoatper $~,dai1.~~ $2,000.0 S l Weekl 2 4000 Wat# Li ht Tau+er WeekE $37ti.Q0 $7Sb.iYO nczxemow.y. RkY.4R5 1~ 1 _? .. (l INSIJR 4NCL ~~i~~IV~NTS 0 ./ I. SUCCES~~'UL BIRDER'S INSURAN A, Successful Bidder's roust not commence work under this agreement uFttit all insurance recluit'ed herein has been obtained and approved by the City. Suecessfrtl l3idder mast not allow any suhcarttcac#or #a commence work until aEl sitrtilar insttrattce~rcquired of the sttbcontraatorhasbeet obtained. $. Successful Bidder must famish to the GiEy's Risk Manager, two (2) copies of Certificates of lr+surance, showing the following minimuFxt coverage by insurance company(s) ttcceptnble to the City's Risk Manager. The City turret Ere named as art additional insured far t(te GetteraE liability policy and a 6lankek waiver of subrogation is required on all applicable policies. TYPE QR 7NSiJTZANCE iv1YlvIIVIUi4r INS'[IHATI,CE COi~i2AGE 3U-17ay written notice of cancellation, non- &+dify Tr~ury and PropertyDa>singe renewal, dtuteriRl change or termim~tian and a 10-rI>sy written notlte oCcancelIatton Tor nvn- ~ayment is required on aIi tertiticates GOM1v~RCIAL GII~R.AI. LIABILITY including: $1,000,000 COMBINI+D SINGLE LIt+I1T' 1. CoFnmercia! Farm 2. I~IBmF9CS - Ope~afaons 3. Products! ComplaUcd Operations Ha~sd 4. Cantrnctuel Lidhi3ity 5. Broad Fomt Property DFUnage 6. IndepeadentCantractoas 7. 1?ersanaiinjury AT3TOMOBILS LIABILITY-Ol~NB]], NON $1,£i0D,000 CANIDINEI3 SINGLE LR+IfIT OVS!N$13 OR R73t+I'1'I317 WHTCII COMPLIES WITH TIC TEXAS WORi~ERS'COMPINSATTON WO1tIQ.RS' COIvIPBNSATION ACF AMID SECEION 11 OF THIS LXIlIB1T l3tvIPLOY&RS' LIABTI..ITY $500,000 C. In the event of accidents of arty kitrd, Successful Bidder must ftrrtvsh the Risk Manager with copies of all reports of auy accidents within 14 days of the accident. A62210.06d.~C Rer.996 49 L__.~_..___.___ _..... _.. -. ___.__. _._. ..._._..-_______._._ ... ~__.____... ... ._..___.__... _ _ ._._.«...... .. r ~~ lr. Annrizorta~.lzl;avrR~l~~t~ A, Sc~cessful Bidder must obtain workers' compensation coverage $~rough a licensed insurance eoinpany obtained ut accardanca vs!ith T'e~as l$w. 'lie contract for coverage must be written. on $ policy and endorsements approved by the Texas l)epartraent of Insurance, The coverage provided must be in amounts auff'icient to assure that al(wor~Ce:s' eompensation obligatirnns ittcur~'ed by the ~ccessful Bidder vrill be promptly cnet B. CeRifACate of Lisurancc: * The City of Corpus t~risti must be ncvned as. an addttionnl insured on the liability coverage and blsnlret waiver of subrogflfion is required on all applicable policies. * If your insurance coznparry uses the standard ACO12I} form, the cance[Iation clause (bottom right) must 6e Amended by adding the wording "cha3iged or" lretvVeen. "be and "canceled", and deleting the words, "endeavar #a", and deleting the wording after "left". Ict. the altemaiiva, policy endorsements that comply with tlta eanceIlation language are acceptable. ~_.~ '~ Tl'ie Hanle of the pro,~ect must 6e listed under "Description of Operations". * At a ~ninicntun, a 30-clay written notice of cancellation, etxaterial change, non-renewal or terntination and a 10-stay tyrlt#en notice of cancellation for non-paymeut of premium is required, C. if the Certifies#e of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(~, an authorized repreaerrtative of the ittsuractce arnnpnny xn~7st include a letter specifically s#atittg Wlcethez' items I,B. (i)-('n are included or excluded. Ad~l.o,oo6,ajr Stev.99d 20 L.. ~... .__._.. ._-..~_.. .. _._.__... _... ._._...- Cl('I'Y OF CORPUS CHRISTI PURCHASIlYG D~SION SERVZCT AGREEMENT STANDARD PROVISIONS Contractor acrd the City of Carpus Christi agree as fa1lows. 1. Terzu. The term of this Supply/Service Agreement is twelve months, with the option to extend for up to foie additional twelv~nion[h periada, subject to the approval of the Con#ractor and the City Manager, ar his designee. At the end of the original contract period or any extension period, if the Cify has not completed the bidding process and awarded a stew Agreement, the City Manager, or lris designee, may extersd this Agreement, at the then cssrrent prices, on a ntonth-to-month basis not io exceed six months. 2. Deseri tton -Sale of Goods and Servlcea. Contractor will transfer and deliver to the City, acrd the Cify will pay for and accept the City's requirecuents, during the term of Else Agreectrent for ell of the ite-rrs described on the Bid Sheet(s). Quantities shown on the Sid Sheet(s) are estitrca#es atxd tlo not o6liga#e the City io ardor or accept rrsore tlsass the City's actual rcquiremen#s during the Agreement, iaor do the estvnates limit Ilse City fa ordering less than its actual needs daring the Agreement, subject #o availability of appropriated fuirds. 3. l°urclcase Order. 'the City will exercise its right to specify #ime, place and quantity to be delivered in the following manner. Any City department or division may send fa ~~~-~ seller a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Supply Agreement and will specify the item, quantify, delivery date, shipping instructions and receiving address df the ordering depar#et5ertt or division. 4. IIefaulYIn Orre Installmen# to Constihlte'I'atal Breach. Each installment of ibis Agreement is dependent on every other installment and a delivery of non-conforming goods or services, ar a default of any nature wider orte installment will"impair the value offhe vrhole Agreement and may constitute a iota! breach of the Agreement. 5. Re la ent of 1bler lnandlse. cry merchandise rejected must be corrected or replaced by suitable rherchandisc within two weeks, at nto charge fo the City, ar a replacement wilE be bought on the open market and any costs incurred, including additional coats over tlse bid prlee, shall be paid by the Conir~ctor within thirty days of receipt of #lse City's invoice. 6, ice Ad ustment Al! goods and services to be delivered pursuant to this Supply/Service Agreement, including any ensions thereof, will be purchased at the prices on the ConlCacfor's Bid Sheet, provided that, ai renewal or extension of tine Agreement for asx additional twelve-months periods},the prices for goods arsd services to he delivered dur'ittg the ensuing twelve-month period(s) may be increased ar decreased to Aa22r0AM.ajt Hev.9~96 ~..._~ ~1 7 ~ the extent of changes iq fhe cost of material to the Contractor, as reflected in written documentation provided by the Contractor to the City. CITY t7E CQRPIIS CIiR18TI SPECIFICATIaI~t 115Q DATE: 7/2(11Q'1 PAGE 1 QR 4 SPFCIFICATT41~;3 p`QR EC?C EMERCEPICY' STA1vI]BY PRODilCTS AND SERVICES FOR TEIE CITY OF Cf)IiPiIS CHRISTI I. PURPOSE This is an invitation to snbnrit a bid ibr the contracting of Emergency Standby Products acid Services. The intent of this bid is to have a veirdor that is capable of providing all types of prnduels r-qd services required in the case of a declared emergency. This contract would be utilized when the City of Corpus Christi resources and contracks are net able to provide for an emergency in an immediate manner, The Contractor would provide an additions! source bayand existing City Contracts. The City will use these products acrd services in a declared state of emergency such as AuFricanas, earthquakes, tornadoes, than rnada and natural disasters. The Types of items that may be required vvcuid ba generators, lighting equiptne~t#, failet facilities, living acconvrradetions, health facilities, gasoline'and diesel fuei for all City vehicles, tires and fire repair service ate. as watt as on-site response teams to perform a wide range of emergency ~_ ~ services. A mandatory n:tunr phone call or response is required from the contractor day oY night within 4 hours of a representative from the City leaving a rrressage for assistance. Requirements are far the Contractorto have products and services available pvitl~irr 72 hours after the i~ritial call. 'flee Cites Emergency Management t~ce will administer this contract making defannination of need and coordina#ion of other existing contracts. 11. GEIYERAI~ INFGRiVIATI0l~1 1. Submission of $ids: Four (4) copies of the bid to be submitted to the City of Corpus Christi Purchas3~rg Division Office. Costs incurred in the gxeparatian and submittal of bide are the responsibility of Bidder and wit! notbe reirerbtused. 2_ Contract Person: Questions regarding the propose! may be addressed #o: City of Corpus Chrisfi Purchasing Oflrce Michael Barrera Assistant 17irector of)?inar4cial Services 1201 Leopard, Corpus Christi, Texas 784131 Phone; (361} 826-3169 ! I'ax: (361) 82b-3174 &mail; milceb~ectexas.coiu AO22L~AD4.~fr ~.. J Rdv. pA6 ~. j 3. Receipt of bids: Sealed bids will be received itt 1#re Qfxice of the Putcltasing Division Office until 11:t)D a.tn., local tune Wednesday Augnat 1, 2DD7 at which all bids will be opened and publicly read cut loud. ~4. Evaluation of Prdpasals; A review panel comprised of members of the 13mergettcy Management pffice and the Ptu~chasing Division will evaluate the bids. HvaluaGons will be.anihebasis ofthe stated evaluation criteria. 5. Award: The City reserves the right to re3ect any and all bids. Award of contract rosy not necessarily be made to the lowest bidder, but will be made in accordance with the evaluation criteria. Award wifl be made to the responsible bidder whose bid is detertninad to be the best value to the City with the highest scoring evaluation, takiltg into consideration all factors set forth in this bid. Tire City reserves the right to make more than one award from Phis bid based on a multiple progressive basis, III. STECIT+IC I1VF~R1VfA'1'I~N: 1. Requirements Statement: The City is locking far Confracfors who have the capacity, ability, and experience to respond rapldly with the delivery of ttzc produc#s/services xegttired in a declared emergency. The contractor mast provide a past history proving expextsse and success in this type of work and provide references of past and gresettt customers. ! ~ Z. 77te City squires a contractor who Ilse access to all types of emergency equipment. The ± ` l contractor must provide a fixes] price for weeldy rental rates an af! types ofequiprneni that can be provided. A sample list is attached, however, please add any additional products or services not already listed and include priding for those items. 3. l]nring times of declared emergency, the contractor's persolma] shell return any call or message received by a representative o£ the City within four (4) hours of initial call. k. Ability to record all frnnsactions in accordance with federal govetxuxtertt requirements, i.e:, Federal Emergency Management Agency (FEMA) for reirrtblu'sement tothe City. 5. CCNTRAC'l'OR QUALIFICATIQNS:The Contraetarshall submit satisfactory evidence that it ha§ previotys experience and possesses a;rt adequate planflittventory, financial resbEtrces, and organization as herein specified to perform the type, magnitude, and quality of work as specified. 6. CONTRACTDR EXPERIENCE: The Contractor shall havo at least ten (1D) years experience in the provision of pxovidu~g emergency products and services attd must be able to demonstraLs that Borne ofthis experience was utilized during periods of emergency type conditions. 7. Ct7NT'RACTOR FIlVANCIAI:. STABELITSC: Tate Contractor Fnl}$t be able to doanmettt their outrent and past-established agreements with atlaer orgattixations, which wifl AQ3R10A67.dr ~~ Acr. 9.9d 23 ,. ___.~. .---..~. ... 9 J establish the Contractors ability to obtain the products and services required by this cantrac't The Contractor shall have the fl,iancial resources to effectively perform the service required under a contract of the same scope and magnitude as proposed under this solicitation. The Colltrlctor sh ail fumislt financial eta#emept for the last fiscal period priar to suhmission of its Ipid, preferably audited by an independent thud party auditor. Th4 Contractor shall have adequate personnel dedicated to eantraot adrninistratian and supervision addressing day-to-day contract administration concerns and quesfians. 8. PROPOSAL EV~I.UATION CT2ITERCA-- BEST VALtlE L~VALUATION Tite Gity will evaluate the bids tinder the best value lriodel and will use the following criteria in the decision making process. 3f}°~ - Demonsfrated ability to successfully provide emergency equipment for current and previous customers and financial capability of the bidder. 25% - Derizanstrated baclcgraund and experience is# tlus type of work. 25°ln -Cast - Equignjant and Services Offered 20°/©-Mange of Equipment and Services made avai[abie to the City 9. F3ID OUTLINE: Ta be prepared by the b`sdder. The bid shalt consist of the following iter>is: A. Cover Letter: To contour the followutig inforrrlatiun: Name of person(s) authorized to represent the bidder in altd to sign tlxe contract. 2. I acution of llusiness office alcd alxy seruice facilities if applicable. 3. Name and addmss of corporate officers or parttlers. 4, The bidder wil(provide references including point of contact and phone numbers #'or any corporate customers at govemmeni agency. 5. Statement chat attached bid meets all requirements of the bid imitation. 6. Stater#fent that the bidder agrees to alt Standard 'Teens and Conditions of tlxe Division ofPurchasing and to all applicable legal requirements. B. Technical Bid: Shall he i1t narrative format. 1. Measurable proof o~expertise in ibis area with past and present clients and experience, and copies ofpast and present agreements with those clients, Aezzla.osi4. ]r xev.s~9d l~ .~ ,~ f ~~ also a certified financial statemenx or audit of the cotnpairy. (What makes you the beat company for this car>fract?) s. Response his~irlee.may be found in SECTION'S S & s of the gropa9al h. References maybe found itt SECTION 6 of the proposal G Raamptea of current confacts lmsy be found in SL+CTION 1.3 of flee proposal d, A Copy of Elie snort recent fnancial statement and audit maybe i`ound In SEG PION 11.0 of the proposal 2. A description of the methodologies to be used in meeting the scope of work including how you itavc met those objectives with past per£orxnance. si. Metl~odologlee foiap be fawtd in SECTION 3.0 oPtbe proposal 3. Staffing: Numbers, Titles, Education snd Experience. s. ' Siail~g: numbers, titles, education, ar-d experience may lie found in SECTION 4 of the proposal d. Explanaxiazt of how bidder will make use of other resources and tiEne to accomplish ilia regµirements of fhe contract, a. Exansples xnay be t'ound in SEC'TION'S 1, 5, & 9 os this proposal S. Flow will you ac}dresa deployment issues laid incoming orders? a. Please reference SI;C£I'ION 3,0 far melt]©doiogies on deplaynient and response C.~ C. Cost Proposal: 1. Use the attached pricing sheets for products and services. inclade Additional items and services you can offer. a. please itieference BIrCTIDN ~.6 for car~tpleted pricing sheets 2. Offer a pricing method for any additional equipment or services not de#ailed but may be obtainable. a. Please reference SECTIO1rT'1.0 fcir Gaper Disaster Response Rato Street rvitlt ~`~ J AO3214APLar Rev.9Ab ~~ O CQNTRACT EQC Emergency Response Services Supply/Service Agreement lYa, THIS E(?C kxnergeney Response Services CONTRACT (this "Agreement'') is entered into by and between (tire "Contractor ~ and the City of Corpus Christi, a Texas Name-rule municipal oorporation (tire "City") effective for all purposes upon execution by the Assistant 17irector of Financial Services orliis designee. WHEREAS Contractor has proposed to provide >;OC Emergency Response Services in response to Sld Istvitatlan Na. 131<-t1Z17-D7 in accordance with Spec[tycatlon 1150, dated 7/201f1'1 which is incorporated Arid attached as 1'sxhibit A; WHEREAS the City has determined Contractor to be the hest value bidder; follo3vs: NOW, THEREFORE, Contractor and City enter rota this Agreement and agree as L Services. Contrsetnr will perform EOC Emergency Ttespan9e Services in accordance with 5peetScatfon 1.1.50. ~,_ 2. Terns. This Agreement is for twelve (IZ) nrionths from natifieation by the Gity to the Contras#or to comments. The Perm includes an option to extend for up to four additional twelvo-inonth poricds subject to the approval of the Contractor and the City Manager or his designee. • 3. ContractAdmtn€Rfs'atnr. The Contract Administrator designated by the City is responsible for approval o£ all phases of performance and operations under this Agreerne»t including deducti~ts for non-performance anal antlio~izatlons for paymept. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Adtninistrntor, who is the lrrnexggtcy lYTanagement Coordlnafor. 4. independent Contt'actar, Contractor wilt perfartn the services hereunder as an independent contractor and wilt flnrnish such services in its own manner and nnelhod, and under no circumstances or crnaditiozxs inay say agent, servant or employee of the Contractor ba considered an employee of the Ciry. A[+xx1o-o~- Jr ~ Aev_43rE ~~.. ~~ j <) S. Insurance. Before activities can begin under this Agreement, the Contractor's insurance cornpeny(ies~ mast deliver a Certiftea#e of livsuranca, as proof of the required insurance coverages and to ibe Goniract Adtninistrator. Additionally, the Cetiiftcate must state that the Ennergency Mtznagemcatt Coordtrlator will bs given at least thirty (30) days notice, by cert~ed mail, of cancellation, material change in the coverages or intent notto renew any ot`ihe policies. 13ta City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within l5 days df the City Manager`s written request. 6. Assignment. No assignment of title Agreement or any right or interest therein by the Contractor is effective unless t11e City first gives its Written consent to such assignment. The perfazmance of this Agreement by rite Contractor is of lire essence of this Agreement anti the City's right to withhold consent to such essigatment is within the sole discretion of the Ciiy on any ground whatsoever 7. Fiscal Year. All parties recognize that the confinuatian of any contract after tfie close of any fiscal year of rite City (rho City's ftscal year ends on July 31:x), is subject to appropriations and budget approval providing far covering such contract item as an expenditure in said budget. The City does not represent that said budget item wilt be actually adopted as that detentunation is within the sale discretion of the City Council at the time of adoption of each budget. . ~ 8. Waiver. l+lo waiver of any breach of any #enn or condition of this Agreement, or Specifleatlon 11SD, or the Cnniractar's bid offer to Bid Fnvitatlon No. BT-t1Z17-U7 waives any subsequent breach of rite same. 9. Cotnplfsttcewifit T.~atrs. `This Agreement is subject to all Federal laws and laws of the State of 'T'exas. All duties of the parties will bg perforated in the City of Corpus Christi, 'Texas. The applicable larv for any legal disputes arising out of this Agreement is. the Taw of Texas and such form and ventse for such disputes is the appropriate district, county or justice court in and for Nueces Gounty, Texas. 1~. Sultcoztttactars. 1lte Contractor may use subcontractors in canrtection with rite work performed under this Agreement. When using subconiravtars, however, tine Contractor must ob#ain prior written approval fronx the Exriergency lVianagement Caordinatar. Ia using subeotitractars, $te Contractor t`s responsible for ail ~tlieir eats artd omissions to the same extent as #f the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and #heir etnplayees to the same extent as if the Contractor attd its employees had performed the services. 11. AntendYnents, 'I'bis Agreement rttay be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. aoxzie.on}.,h nom. vea ~•. _~ .. .. ~ J 12. Tennhiatlan. The City Manger may terminate this Agreement for Contractor's failure fv perfor,n the services specified in Iild I1ivltatlori No. $I-Q217-[17 or Speclllcsrfian~ 1Va. !f5(1. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds far termination The Contract AdrriististFatar must give the Contractor five (5) work days writteit notice of the lsteach axld set otzt a reasonable opportunity to cnre. If the Contractor has not cured within the cure period, the City Manager nay ferntinnto this Agreement immediately thereafter. Altentatively, the City may terminate this Agreement upon twenty (2d) days written notice to tlse Contractor. However, the City may terminate this Agreement on ivvcnty-four (24} hours vf+ritten notice to the Contractor for failure to gay or provide proof of paymeirt of taxes as set out herein_ I3. Taxes. The Confractor covenants to pay payroll taxes, Medicare taxes, PICA .taxes, . unemployment taxes and all other related taxes according to Circetlar E ErrspIoyer's Tax Guide, Publication 15, as it may be amended. Upon his request, tho City 1vlanager shalt Esc provided proof of payment of these taxes within fifteen (15) days of snclt request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terttltnafe this Agroetnenf, I4. Drng 2'o]icy. The Contractor must aRlopt a Drt-g Free Workplace and dn~g testing palmy that autsatantially conforms to the City's policy. 'I1teCity itas a zero-tolerance drug policy. I5. Vlolence Pollcy.The Contractor must adopt a Violence ut the Workplace and related hiring policy that substantially confomts tr, the City's policy. The City has azero-tolerance violence in 1lte workplace policy. ~..~ 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and an the third day alter deposit if sent certified mail. Notice shall be sent as follows: ~ TO CITY: City of Corpus Christi Attention: Etxtergency Managenteatt Coardlnator I'.O. $ox 9277 Corpus Glsristi, Texas 78469-9277 Fax No_: (361) 826-8053 IP ~'O CON'I'ItACTOR: ConKactar Contact Address: City, State, Fax No.: - ...-.- ~...~ 28 ~ ~ 0 CDNT'RACTD,Ft AGREES 71? INDL~IYINIF.Y, HOLD tIAR~lIL,~SS AND DEFEND TYfE CITY DF CDRPUS~ CHRIS77 AND ITS OI'FICER~, EMPLDYEBS ANp AG.~N7S (IN7aLgMNITE,ESJ FRD1~f .dND ACDtINST ANY AND ALL LtAl3ILITY, LOS'S, CLAIMS, t3EeYlAlYDS, SUITS AND CAUSES OF ACTIDN DI' ANY NATt7R& ONACC4IlNT DF DEATII, PERSONAL INJURI,~S, PRD1'ERTYLOSS DR DAMAGE DR ANY DTHLJR RIND OF DAMAGE, INCLUDING ALL L~XPENSLTS~ OF LxTICGATTDN, COURT COSTS, AT-lY1RNIiYS' FEES AND L~CPL~RT F3'tTN.$SS FEES If~fIICHA.BJSLa OR ARtI CLAIM.LyD TO ARISE OUT OF DR IN CDNN.8C77TON WIT7f 71YIS CONTRACT DR TH,L PERFORMANCE DF Tf17S CONTRACT, RL+GARDLESS OF tYI~'E77IER T7tR tN.fURIBS, D$ATFI OR DA~]fAGES ARE CAUSED D12 A.RL CLAIMED TO BB CAUSED BY 3IT~ CONCl11~RENT OR C011~"PRIBUTINC NEGLIGENCE OF' INDI?MtVIT'.FsES, ArfT NOT /3Y IHE ;S'DLE NItGLIGENCE DF tNDEMNITEES UNMIXED JVI77I THE FAULT OF ANY OTHER PL~RSON OR GRDi7,P~ CDNTRACTDR rYIUST, AT TTS OWN EXPLNSB, INfj,EST7GATE ALL CLAIh~S AND DL~MANDS, ATTEND 7'~D THP1R SLl3'7LEMLNT OR OT7IER DISPOS'I77DN, DEFEND ALL ACTIONS &1SED Tt3'EREON i#rITK COr1NSEL SAT7SFACTDRY TO INAEMNIT.RES AND PAY ALL CHARGES OF' ATTd.I~NEY AND ALL DT$.8R CD,S7S AND E7ICPLNSBS DF ANY fCIND ARISING FROM ANY QF SAIA LIA BtLITY, DAM, AGE, LD.~S, cLAtMS, DLMANIhS OR ACTIONS'. 5I4NED this clay of _ _, 200. Cavtracinr ~.~ f` TitEs: CITY 4F CORPUS CHRIS'T'I (`CITY"~ Michael Bairera Assistant Director of Financial Services APPItOV1;DTHTS DAY OF , 200 MARY KAY FISCHER, CITY ATTORNEY )3y: Vero~vcs Ocauas Assistant City Attocxsey Exhibit A: $pecif'icatioti 1150 dated 7/20lp7 Exhibit B: }aid Iiznitaiion Na. I3I-0217-07 Exhibit C: Insurance liequiremerJts 2s L._... .._ ._.__.._ _ ____-__._.. _. _....- ~ ~.~...~__~.._... __ _. .. ......... ~-.~._~~.. ___. ......__..__..-...~__._ ..._._._._.. .. .._..... .._._._. ` ~V l 1 a CITY OF CORPUS CHRI9TX FINANCE DEPARTMII~IT ! PU1tCHASING I}IV[SIOl~ NII~IVORITY BUSINESS. EI~ITERP~t.~SE II~IFO-RMAT~~N FURNI THIS FARM MCJST BE SUBMCTTEb ALONG KITH BII3 PLEASE INpICATE WHETHER TIIE COMPANY IS A CERTIFIED MINC)RITY BUSINESS ENTIRPRISE. EXAMPLES OF CEItTiFIGA.'I'XONS itECOGNIZED 8Y THE CITY iNGLUDE: HISTdRiCALLY UNDERUTfLIZED BUSINESS (fiUB~ [~ YES ~ Nd DISADVANTAGED BUSINi?SS ENTERPRISE (DB>} C] YES ~ NO SMALL DISADVAN"i'AGEDBUSINESS EN'T'ERPRISE (SDBC) [,~ YES ~ NO OTIIEIt (PT:~E SPECK: C. ~ THIS COMPANY IS NOT .A CERTIFIED MINORT'ITY BUSINESS ^YE~i [~ NO THE ABOYE MINORITY BUSITYE55 IIVI'CIfiMATIUN I3 R17QI3ESTE1~ FOA 3TATI5TICAL AiVI} rItACKIhtG PURPOSES AND WILL NOT INFI,UI+~VCD+ THE AIVIDUNT OF EXPX;NDITUAES THE CITY WII..L Mc~I~ WITHANY G1Y~ Cf?TVIPANY. $Iri 1iVYITATIONNO: BI-D~I.7--lI'7 k`~rrn 1Varne: Garner Environmental ServEces, Inc. Telepf~ortt 261-930-120U ExL Address: 1717 West 13~` Sfreet Iih~t: Z81-4~8~124b City: Dee~ParTc State: T7£ .Zip: 77536 1~~a11: ltrmpert3lE@gm~ner-e~.rom ~1~~ // ~ bate: 27.7UI.Y2007 Sfgua6~re of Person Au oriaed fn Sign Fbrnn Signer's Name; J4hu Temlo-erlll# 17t1e: VP, D#saster Resposne (Please print ar type) \_ _~ 3t] i_ _.. ~. _.... ... .. ............ ... ....__..____..~_....._. ....._ .__... ___~_.._-____.. ... . .\\ ~V~ t~iy of stn~ta~tt~va~ant . miffs roasASSrarn~oarcrl'~ Christi puxctrps~tavtv~torr CITY Op' COIt~YJ~ CHR>1STI DISCLOSURE OIL INTEREST City of Corprfa Cluisti Ordinance 17112, as amended, regoires ail ppeersons ar firms seekvtg to da business with the City to pmvlde rite following information. Every quesLon mfrsk be answered If the question is riot applicable, aitssver ~viL}t"ATA:'. yes revarse~side for definitions. COMPANY NAtVI$: Garner 1?'gylronmental Serylrxs, Inc P. O. P4X; 5T12EET~ADDREtiS: 171744'8st13`~Streef CIT7~: 13eerPark ZIP: 77536 BIRti4Iti: L Corporation ® 2. Partnership a 3. 5n1e tJtmer [~ h rr ~. Assoastion 5. Ot DItiCI.OSi3RL QTI~ST1o1VS If additioiea} space is necessary, please use the reverse aide of this gage or attach separuta sheet 1. State tho names of each "employes' of the City oi' Carrpna Christi having sn "ownershtp interx:at" eonstitttting 390 of mare of the ownerslip ssr the above named"fitra ' NarRe Sob Title and City l?epazttftent (if lQtawn) NA NA ,q NA 2. State the ttarnes of each "o5ficial" of the City of Carpus Christi having an "ownership inteaest'` constitutvfg 3°! axmore of the amtarship inthe shoos mined"firm:' Name Title ~ ~ I+TA I~tA ._ NA A NA 3. State the names of each "board member" of the City of Corpus Christi having an ~"ownership ituem~° catfs~-ing 3°t or snare offlte ownership in the above naa;ted"flan:' Ngme Board, Commission or Committee NA NA 0.. State the natrrea o€ each employee or ot`ficar of a"corrsrrltant" for t1zE City of Corpus Christi why worked vu any matter related io the subject of this contract end has err "ownership uiteaesi' COlfatitrlting ~% aI Inr7re Uf• the vwnerstup in the above miffed"firm-„ TIarne Consultant NA NA A NA NA NA _ - ~ NA NA CI£RTIBTCATION I certify t}ist all inYormstion provided is true and coraect as aF the date of Elba statement, that 1 have not ' ormatian recluestett; and that aupplamental statements wi11 be prpmptty knvtvln yy withheld disclosfrrs of spyy irrt l el rangea aCclzr. d to the City of Carpus Clrtisfi, Texas as c submitt Certilying Person; .1ahn Tetnperlill 'l`ltIe: Vice Preslden~ Dlsas#er Respottse t<~°~l~e a~i~• Date: 27J~ClLY2QU7 5i~rlatui•e of Cartffying ~ . Person. ~..~ 39 DEFE{~lITI41~T5 a. "Board member." A member of any board, commission, of comrnittce appointed by iha City Couttcil of the City of Corpus Christi, Texas, b, "L?mpioyee." Any parson employed by the City of Carpus Cltrisd, Texas either on a fall or pelt-time basis, blrt not as sic iriilepertdeatt adnttaator_ c. "nirnt:' Airy entity aperated for econom{o galrc, whether profcssional, industrial or commercial, and whetinex establiahe~ #o praduco or deal 4Vitlr a piodEtct or service, inchuding but not limited tq entities operated in the form of sole proprietorship, 'as self-employed person, partners{~ip, corporation, joint stock company, joint Venture, receivership or treat, and entitles which fot purposes oftaxation are treated as fEitn-proiit organizations. d, "Offtoial:' The Mayor, mem>yers of the Clty Council, City Manager, Deputy City Ivlanagcr, Assistant City Managers, Department and Dieision Heads, and Iviuaicipal Court 3udges of lice City of Carpus Clrriati, Texas, e. "Owtlerahip Tntereat." Legal or equitable interest, whether actual{y ar conatrucfively held, in a firm, ineludirlg when sueli interest is held through an agent, trust, estate, or holding entity. "Conatruetively held" refers to holdings or wntrol established tiunugh vadng trusts, proxies, ar special terrors ofventure or partnership agreements:' C) f ~~.. £ "Consultant" Any person or firitr, such .~ engineers and architects hired by the City of Corpus Christi far the prktpaso o€pmfessional consultation and recommendation. 32 7 BID TNViTATIQiiF AMENDMENT C.LTY Old' C[]RPUS CHRISTI FURCAASX.NG D1Y15I4N I3id Invitation Na. 81-0217-07 Anxendtuenk No. l Date 3u1y 25.2007 Tn reference to fire above bid invitation for EOC Emergency Response Services, the following changes/responses to questions are to be Hated: I) Bid streets gages 1 and 2 have beets revised. Please submit pricing on Ate revised bid sheets da#ed 7I251D7. Requirerxtents for Health Facilities, Group iivi<tg Accommodations and ice have been deleted from tits bid. 2) (lttestion - Wil! the City accept a comment as "market price at tithe of incident" as a bid for diesel fuel and gasoline fuel? Response - The City wifl trot accept'Srrtarkeiprtce at time of incident" as a valid bid for diesel %ltel and gasoline fuel. The City rrtust have a sgecifie price on fetel to award i3tat i€em. The City wiiI accept a mRrk up/mark down from a rack price as a spec'sfic price. Bidders are instructed to bid amark-nplmark-down from a. racit price that will Iiicsiy service the City under .~ an emergency (Houston, San Antonio, Dallas etc.) and give the ettrrent rack price from tltat location. Tile City will use tltat rack price and mark upfmark-down for. evaluation purposes and etdend Elie .quantities listed against the ctlrretlt price. Linder art actual incident, the mark- ttpfmark-down wifi be added to the tack price of the ac€ttal focadon servicing the City and invoiced accordingly. See revised bid sheets dated 7125/07, diesel fuel and gasoline fuel. 3) Qltesti0ri - Wi11 the City consider purchasing the cable in lieu of renting the cable? Response -- The City will not purchase site cable. ~ The City will allow bidders to adjust the lengkhs listed on the bid streets to their standard sixes and bid a price for those standard sizes in lieu of providing cable at eustam iengkhs. 4) Question - Re: Bid item "On site response teams to perform wide rapge of emergency servicev". What type of personnel and how many? Response -The City will require 1 supervisor, 3 employees, level A Personal Protective Equiptnertt (3'PE) and a trailerttnderthis bid item. ~... _~ 33 L.-- °----- .... _...._.._._. __..~. C~ ~...~ 1 Bid Invitation Na. IiI-0217- Amendment No. 1 Date 3u1~25 2n07 5) Specification Na. l 150, page I of 4, Par. I, Purpose, sixth ser-#ence, whioh reads: "Ills typta of'ttarm Shat may bt rtquirt8 wolifd begetterators, lighting equipment, toilet facl3iti es, livigg accotranodationa, health facilities, gasoline aad diesek fittl for el] City vehicles, tires and fire ~epait serviet tte. as well as on-site respa€tseteems to perForm a wide sage o€trpergex~ey servlc~e." is charkged to read "The types of itet~ that may ise required yvould 6e geae,aExua, ]1ghEi»g tgnipment; toile! facilities, gasoline and diesel lei i'or alt City vehicles, Gres and kirerepair service etc. as well as ~i-site response teams to perfo~r» 8 wide rage of emergency services," "AY,I.OTHEE2ITEM9 .AND CONDITIONS TO REMAIf~I UNCHANGED„ Buyer. Michael Barters Assistant Director of Financial Services ACICNOWLEDGEI3 BY; ~~. Environments! Service Ina. _Z6.NL07 ~, FIRM NAME AU'T'HORIZED SICjNATiJRS DA'T`E One cony st3uct be ret~rne$ to the Pctrcl-asUa~ UlyisRon ~trlor to hid onentde or ivhh Maur s e id. ~4 0 I ,l ~~ .f ~~ 3RQ IU~ethada~ogies Methodologies used fn meeting the scope of work include haw we have met those objectives with past performance. Garner prouldes technical assistance and consultant services to its client across the ful! spectrum of response and recovery operations. We provide qualified operators and technics! persannef to pertorm a!f required activities in a manner that is both expedient and cost efficient consistent with safety and the best interests of the customer. Provided servicesiresaurces would include but not be limited to the fallowing: a. Resource Procurement -Ongoing. A regular part of our business practice in the response and recovery field. To commence immediately upon contract award and notice to proceed. Any resources necessary for response and recovery, no matter haw extraordinary, can ound consistent with the best interest of the client. - b. Ship~inc~ and fapistics rrtanagement -Ongoing. Standard withir~he r ! _ . V_ siness practices _ in response and recovery. ft is imperative that we be able to ~nt of response resources into theater with speed and precision. Our trainin = sledge hammer approach to positively affect the outcome of a disaster. Contin -- t south, in concert _ with ISO standards. To commence immediately upon contract a _ ~ ~ - _ c. Taanspor#ation sen+ices -- Immediate and ongoing. Standar - - ~~ usfness practices. In constant made of upgrade and improvement, Utilize ma :. ~ - _ - _ - national transportation services. _ d. Project manac~ment -Consistent strength of Garner oil, chemical or disaster ~' response. Consistent improvement sought by - go' - ~' g-- onagers and supervisors in conjunction with ISO 9~E}'! standards, NIMS and I - ~ _ ately upon award of contract. e. Supplemen#ary personnel procurement -This is =ationai made for response and ( ~ _ recovery projects. Garner has formed key c s with many who share the same _. philosophy -safe, timely, quality service. frn f. Power and light sources -- During power i to ~ -ner technicians and crews transport emergency fighting units and generator set equ - ations. Garner technicians will insure that assets are properly sized, installed, z safe power the desired location. Negotiated contracts and agreements with nations! v ~ s ly these nationwide. Immediate and ongoing application upon award of contra - _ - g- Communications Support -Stan _ - n - al - ponse is the ability to communicate by voice and data with any and all part- t ~ r. rs includes cell and satellite. Gamer has incorporated multiple ful! s~Ie - units to our current cadre of communication equipment. Garner can also s - t + ~ ent service provider to expand if necessary. h. Mass care/temporary housing a - -hurricane responses for forward emergency response personnel. Multiple subcon _ - - ng and base camps a~aifable at a moment's notice. Immediate and ongoing acc - - f contract. i. Security Operations - Pr enforcement personae! in multiple project settings for site security has been a s ~- ractice. Utilization of security companies has also been implemented w ~ _ has been overvahelmed by the nature and scope of a disaster. Acres o rd a antraet. j. Search and Rescue do Current function typically handfed by state andlor federal assets. Personnef on staff fully ~d and experienced and accessible in this operation. fViem}~ers of Texas Task Force One on Garner ; . Immediate access upon award of contract. fc, Health and medical assistance -From ambulances to EMT's to extra medical staff andlor temporary clinics, Garner can supply as necessary and direcked by tf3e client upon award of contract. !. 13ebris removal (to include carcass disposition) -Please see World Trade Center Project description. We have multiple alliance partners with whom we engage in this service. Curtain and box burners ' and furnaces for carcass disposition have been used. Immediate access upon award of contract, m. ~ Sanitation Infrastructure -Standard operating procedure for Garner projects to mobilize these units an `._ . site, to include porEab[e toilets and roil off boxes as needed_ Supplemental power to sewer liftstations as necessary. Access upon award of contract. 35 1 n. Response Iieavy Egrai~ment -The tree of equipment may include, as necessary, a cadre ofi maintenance personnel, equipment and supplies dependent upon fang#h and time of deployment. Ail equipment will be serviced at appropriate usage or time fn#ervals. Use of multiple pieces and types of rental equipment with operators is a standard Garner procedure fn response and recovery. PEease refer to our experiences with warehouse fires, large scale chemical spills and UVTC disaster. Skill sets available upon award of contract. o. Supplemental water and food sources -Used in our four hurricane response in Florida in 2004. Available open award of contract. p. Hazardous Material Response -- More than likely to Initially use local resources, Garner has responded worldwide #o a wide variety of chemical evens. Our first motion is to place supervisory eyes on the ground and proceed from that point. lflfe wilE use alliance partners of high quality in the bes# interest of the client. ]mmediate access to experienced personnel and quality alliance partners, q. hazardous waste remediation -Part of Garner's original and core business. Ongoing and immediate access. r. Mass decontamination -Garner has members of the Medical Strike F . ~ d the Houston Haz Mat - decontamination of team as part of the cadre of experienced individuals. Garner i exp ~ _ _ sites and personnel working on these sites. l=xperience wi# ss - ~. ~ at WTC site and Anthrax and Mercury contamination projects using standard ~_ ~- - cats as well as any preferred state ar local public health department protocols. _ s. Fire sur}~aressfon suppor€ -Performed large scale in Venez .' . 'ous domestic response om _ - Access upon award of projects. Many of Garner's personnel are trained and ce " contract. t. _ _ 1CS trained certi fed and ex a lanced ersannel - Af! ~ I are trained and certified to same level ofi ICSINIMS training. This was a standar ~ ce and the Coast Guard (with p rt directive. Training for Garner wham we work closely} far years befor~st _aca _- si personnel is ongoing now with FEMA, USCG -: e. (mmediate access to experience and training upon award of contract. u. ~ ~ Emer enc D erations Center au ment 'an ~ a attar of policy and experience, viii ' ~ ' .. ely affect the outcome ofi a response. t supplement EOC personnel fn positions This includes the sourcrng of goads and se e. ~ ay be passed directly to the state for contracting. We have served in many c itie - - OC and the field as necessitated by the response. _ -_ . v. Warehousin SupportlMana4ement ~ - upport the statelcountylcify operated warehouses ~ al ~ nce (Forestry Service) or safely standalone. in conjunction with any state, local Upon request Gamer will m i!' _ sa ~: sources to the statelcountyfcity operated. warehouse to provide distributio ~ tr ~. sfs ce. This assistance will include personnel {warehouse manager{s}, kii T_ lericaVadmin support personnel}, material handling equipment (MHE} (forklifts, #1 - ~_ r -- ailing ramps), and equipment as needed (generators, personnel cooling stationsle ementlmaintenanee parts for MHE). - w. rner will directly support POD's with material handling Point of Distribution PO ~=' equipment packages th t _ ~ nning, can be tailored to meet the specific needs of the client's PODs for any r '= - feaster (food, water, and ice distribution; 5NS distribu#iar~}. Garner will invento _ - ; mobilize and demobilize the requested equipment and can provide perso - ed x Vector cant l - e ' vector control operations as demonstrated in New York City and Long Islan ~ _ r ~ al Park when Garner, by activation of an existing contract, utilized InS~Ctic[deS, spree ~~~, r rn~ quifo breeding zones, to eradicate the vectors of the Vilest Ni[e Encephalitis. y. Point of Response -- Garn is alliance partners arsd key vendors are positioned al! over the United States, Mexico, Central and South America. Favorably negotiated rates and services allow Garner to bring personnel, equipment and materials from the closest geographical location, radiating outward in concen#ric rings of responses as needed. This allows Garner to have personnel and equipment on the ground in an impacted area in a rapid and timely, manner. 'these hubs of response and distribution points across the Western Hemisphere. With over 250 affiance and key vendor ~ ~ partnerships, coverage is extensive. i# is particularly robust in the Eastern and Southeastern United ~~ . States 3B O O 4~~Q Staffing: Numbers, ~`ities, ~dlucutiar~ & experience 4.~1 Employees and Manpower Employees Garnet's staff includes some of the mos# experienced technology and business professionals in the country and around the world. • Number of employees: Garner employed over 174 full-time employees as of May 22, 2007 Garner response personnel have been trained at the U.S. Department of Homeland Securi#y, AgTerrar Preparedness Center in a number of courses that include "f=oreign Animal Disease Response. Garner employees have completer{ the Master Trainer course and are qualified to provide training though out the Emergency Response community far an effective and rapid response in the event of a foreign animal disease outbreak With more than 1,000 cumulative years of technical experience, Garner Environmental has responded fie over 20,D00 emergency responses including OillHaz-Mat spills, plant explosions, train derailments and traffic related incidents, not to mention the hundreds of planned maintenance/dismantling projects. It is this experience that gives Garner Environmental the ability to ensure the prevention of conflict and regulatory penalties including cost avoidance by handling each situation in a safe, professional, and conscious manrser. Individual and Team equipment is main#ained in working order at all times; team equipment is maintained and inspected in accordance with lS0 9001-21100 requirements and manufacturers specifications: • Individual Equipment o Cellular Telephones (primary and backup) o Wireless Internet Access Card {Air card} o Laptop Computer o Company Credit Card o Sat Phone-as necessary 0 4-Wheel !]rive Vehicle o Assigned Personnel Protective Equipment {l.eve! ©minimum; steel toe boats, hard hat, safety glasses, gloves, etc.} Tearr- Equipment o V-Sat Communication Packages o Mobile Command Trailers o Satellite Telephones o Mobile I.T. Kits o Additional Radias~orCommunications Systems ~_ ~ o MRE`s o Bottled Water 37 .` o Bulk Personnel Protective Equiprrterlt Additional support resources such as V-sat communication packages, wireless ar wired computer networks, copiers, fax machines, printers, and telephone systems are available as needed. Additional command and staff support structures are also available allowing Garner and response partners to protect into forward areas. t.. ~~...~ ._ ~ ) X4.2 Persorr~el Rios ~~HN TEIViPERIt_t.I, Vice President of Disaster Response, has mare than 20 years of experience in all facets of environmental, emergency response and disaster response operations. Jahn has the responsibility of overseeing ail disaster response operations as well as caorclinatlon of Houston Hazardous Materials Group. John is a certifed EPA response manager and has been involved in the coordination and oversight of response operations domestically and internationally. Projects include Project Manager for USEPAfUSCG in San Jacinto Fire and Flood -Houston; Project Oversight far Venezuelan mud slides, incident Command for Tropical Storm Allison response In Downtown Houston and Direct Project oversight of World Trade Center Debris Recovery Project. John has a t3.A. and M.P.A from Texas A8~M University. EDWARD CRQOK, PROJECT MANAGER, serving in capacities from technician to project manager Ed has been involved In responses throughout the United States for 28 years. Ed is trained in Haz- Mat, Radiation Safety Officer, Incident Command, Logistics and Planning. Most recently, Ed has served as night supervisor for the response to Tropical Storm Aliisan, Project Supervisor for the pumping operations for the Mid Town tunnel in htorfolk, Virginia after Hurricane Isabel. During Hurricane Dennis, Ed served in the Florida LOC as a logistician. VINCENT V. VELASQUE~, PrtoJec~r MANAGERS Vincent served seven years in the United States Coast Guard (t1SCG) in various positions involving emergency response, prevention, and regulation of Environmental, Security, Safely and Health in the maritime industry, to include ail and chemical facilities, offshore production facilities, refineries, chemical and oil tankers, and tank barge fleets. He is experienced and certified in incident Command System (ICS). VincenYs duties with Garner include emergency response, management of natural disasters, ail spills, hazardous material releases, mass casualty events, bia-terrorism events, fires, and maritime catastrophes, program development, risk analyses, plan writing, training, implementation far prevention and mitigation programs and ~~ compliance monitoring, technical adviser to emergency mspanse personnel, and preparation and participation of emergency response exercises. During the 2D0~t Florida Hurricanes (Charley, Frances, Evan, and Jeanne) Vince provided logistical support to the State of Florida Emergency Response Team {SERT) during all four major hurricanes at the State Emergency Operations Center (EOC) far sixty-seven straight days in Tallahassee, Florida, Participated on the spill management team in several ICS positions during MIT Athos 1 Dil Spill (NavemberlDecember, 2004) including Logistics Sec#ion Chief and Deputy Ffinance Section Chief for the 300,00fl gallon crude oil spill in the Delaware River for over 4D days. Mr. Velasquez formerly held a federal security clearance with the United States Coast Guard_ ~3RIAN E. MURPHY, PROJECT MANACeR, srian served eight years in the United States Gaast Guard (USCG} in various positions involving emergency response and prevention of oil, hazardous rrwaterials, and national security incidents. During his tenure with the Coast Guard Mr. Murphy served as a member and instructor for the National Strike Force on the Gulf Strike Team. He is experienced and certified in incident Command System (ICS). Brian's duties with Garner include emergency response, management of natural disasters, oi! spills, hazardous material reEaases, mass casualty events, bio-terrorism events, fires, and maritime catastrophes, program devetopment, risk analyses, plan writing, training, implementation for prevention and mitigation programs and compliance monitoring, technical advisor to emergency response personnel, and preparation and participation of emergency response exercises. Mr. Murphy participated on the spill management team in several ICS positions during MIT Athos 'i Dif Spill (November 2004 -February 2005) including Staging Area Manager and Central Supply Coordinator for the 300,00t3 gallon crude ai! spill in the Delaware River for over 70 days. Mr. Murphy formerly held a federal security clearance with the United States Coast Guard. ~_~ Tim Ware, Project Manager, has over 'l8 years experience in the Environmental, Hazardous Materials, and Emergency Response industry. Tim has also worked in the hazardous waste disposal 39 _. 1 side of fhe industry. Far several years he served as project manager for the deeantamination services provided to the various semiconductor facilities in Centro! Texas. He is Hazwoper, incident Command, NI1MS certified. Mr. Ware graduated from Trinity UnEversity In San Anfanio, Texas with a Bachelor of Science degree. DIKE ATTA1i'VAY, Rrtaa~cr MANAGER, has 23 years experience in the Environmental, Industrial, Hazardous Materials Emergency Response industry. Mr. Attaway has served as lead project manager for various major EPA Superfund Project Sites throughout the United States, as well as severat large scale international projects in Bolivia, Peru, and Brazil. His training includes Hazwoper, incident command, and i~latianal Interagency Incident Management Systems (IVIIMS). He has received training and instructed courses in oil spill response and equipment in Texas A&M University. He has command post, communications, and knglsiics experience for major spills. Mr. Attaway holds a Bachelor of Arts degree in business management from the University of Houston. REESE MAJOUE, Vice President of Business ^evelapn'renY, has been wi#h Garner since 1994. He has. more than 20 years of experience in the environmental field, including being a member of a team that developed a line of oil sorbents_ Before joining Garner, Reese worked as marketing manager for an environmental company, national sales manager for a wastewater equipment company, and regional manager for a manufacturer of containment boom and oil skimmers. His training includes Hazwop8r, incident command, and I~tational Interagency Incident Management Systems (NIIMS}. He has received training and instructed courses in oil spi11 response and equipment in Texas ABM University. He has command post, communications, and Logistics experience for major spills. frllajau~' holds a Bachelor of Arts degree in business administration from the University of IVew Orleans. Coordinator on Florida Wildfire Response. IJANIEF, L~ BANDA, Supervisor, has 21 years experience in the Hazardous Materials, Firefighting and Industrial Emergency response field. Mr. Banda is sfiill with the City of Houston Fire Department Hazardous Material Team, and works with Gamer on his fire department days off. Mr. Banda currently has the responsibility of supervising teams a# the site of hazardous materials incidents. He also helps to coordinate and present training classes internationally in Spanish. He is a trainer on basic response concepts to terrorism events far the Houston Fire Department, and is a fukl time member of the City of Houston's Medical Strike Team, which is called to respond fa terroristic incidents. He also instructs Incident Command and Hazardous Material Operations courses. Mr. Banda was educated at the University of Houston Downtown 1 Criminal Justice Center. LAlI2RY CA51t!lELL, RescuelSafety Technician has been employed with the Houston Fire Department as a professional firefighter EngineerlOperatar fvr 35 years (retired}. He has worked with Garner Environmental since '1997 as a Tech on numerous oi! spills and Haz-Mat jobs, as a Supervisor on CSR jobs and as a Safe#y Officer at CSI and Wailisville liras, in addition to working in Venezuela as part of the International Response to Mud Slides. He has HFD Incident Command training and he has been acting CaptainlSupervisor on numerous fires. With HFt~, he was awarded Meritorious Service Awards in 1992, 1993, and 1998, and the HF© Medal of Valor in 2002. Larry is certified as an Intermediate fns#ructor by the Texas Commission an Fire Protection and has the fnllawing certifications: OSHA certified (2005), HFta Baxter Certification, EIO Pump Operations, Emergency Response to Terrorism, Haz-Mat - HP Cylinder Handler Filk Station Operator, Haz-Mat for Supervisors, Semi-Conduc#or Operations, Hydraulic Rescue Tool Operation l: ,laws/CutterlAir Bag Deployment, Hazwoper Tech, Confined Space Operations HMT & CSR. C~TIS ~... CHAMBERS, Executive Vice President, has more than 21 years of experience in environmental emergency response. Since 1976, Chambers has worked at more than 3,000 spill incidents in the Gulf of Mexico, Toxas and Louisiana areas. He has received specialized training from the Oil Spill and the Haz-Mat Schools at Texas A&M University and has attended the Corpus Christi State Pollution School. Chambers is a member of the Area Contingency Planning Committee and ~, serves as chairperson for both the Pollution Cnmmittee and the Port Safety Committee. He received the prestigious Amoco Safety Award in 1998. 4Q ~`~ CURT CHATI=LAIN, Supervisor, has been in the emergency oil response business for 10 years. ~J He has responded to approximately 244 Etazaidous spills. He is else in charge of overseeing field crews on jobs. He has had ~44-hour Hazwoper training and is on the iVatural Disaster Response Team. lie has been a supervisor in Florida for the fires and flooding. He has several other certifications including Railcar Technician, Confined Space and Confined Space Rescue along with First Aid and CPR. He has also had experience with three hurricane responses in Florida in 244424fl5. ROY CREAGER, Vice President of International Business & operations, has nearly 25 years of experience in the environmental business. Prior to joining Garner, Creager was quality central supervisor for water and wastewater for a Houston manufacturing facility, and worked in sales arrd environmental product sales for an enviranrnental company. His training includes Hazwoper, incident command and dispersant spotting. He has received training and instructed courses in oil spill response and equipment at Texas A&M University. Greager holds an associate of arts degree in industrial education from Corpus Christi State University. CURTI~ GALLQWAY, Supervisor, has served in a variety of responsible management and field positions with Garner Environmental Services, Inc. In his day-ta-day routine, he heaps fo manage operations of the Emergency Response and industrial Division of the t_a Marque Office, lie has been in the environmental business for over 15 years and has held a variety of responsible management and field positions. He has worked at more than 2fl04 ai! spill and hazardous material incidents. Galloway has extensive expertise in a variety of fields, such as confined space, tanfc cleaning, and petrochemical Haz-Mat incidents. His training includes 44-Hour Hazwoper, confined space, First Aid and CPR, and Incident Command Systems, ~..YNN GARNER, President, started Garner Environmental Services, Inc. in Houston in 1981 and has managed the company through 24 years of expansion and quality service in the environmental services business. Garner holds a Bachelor of Science degree in education from the University of Arkansas and began his career as a high school coach. After several years of experience coaching, ~~ ~ he joined an environmental services company, selling nil spill clean-up equipment. After gaining experience in a second ernironmentai services company, he started Garner Environmental Services, loc. and said quality oil spill clean-up equipment for two years. Gamer expanded his company into environmen#af operations in 1983. Through his leadership, the company has grown to 264 employees and 8 offices and offers a wide variety of services and equipment- MICHAEL .HALL, Project ManagerlDemoiition ~ Remediatian, Mr. Hail's experience includes over 11 years participating in the management of projects involving demolition, hazardous materials, asbestos abatement, and asset recovery operations. He has extensive experience in industrial and commercial projects, and has held contractor's licenses in t.ouisiana, South Carolina, Arkansas, Georgia & Texas. His experience in demolition, hazardous materials management, and control of industrial explosions make him a valuable asset to the Garner staff. He holds certifcation in Advanced Supervision of Asbestos Abatement Projects, is AHERA Accredited by completion of the 44-hour Asbestos ContractarlSupervisorccurse at Louisiana State University, as well as First Aid and CPR (raining. Mike is t_ead Field Superintendent at the Trade Center Forensic Debris Recovery site at Fresh Kills Landfill on Staten Island, i~ew York. Z'Di4fl ~. HEN~7ERSQN, Lead [nstructor-Haz-Mat Supervisor, is a state certi#ied professional fire fighter with 15 years experience and 14 years as a slate certified EMT-intermediate. Tom has been with Garner .for 9 years and has held many functions from Contract Manager to equipment maintenance foreman. Tom is also trained in IS-744, IS-840, IS-1fl4, iS-204, IS-043, Confined space and high angle rescue, 1NMD radiological response in Bechtel Nevada, WMD chem.-bio in Anniston Alabama, WMD incident response to kerrorism in 5ocorro New Mexico, TCOFP certified instructor, NFA inciden# safety officer, OSHA 14hour certified, Basic trauma fife support advanced, 5 years deep sea experience in U.S. Merchant Marine with Military Sealif# Command, Instructor for WMD programs, international response to Venezuela and participation in desert storm. Tom has many other ~.`..~ quaGficatiansand certificates. 4'1 Gt.Y#3E ~VICKISSACK, 5u~iervisar, has several years of experience in the oil spill ancf Haz Mat response industry. Mr. McKissack bids and oversees many jobs and deals directly with customers. He has extensive expertise not only in oil spill and Haz Mat response, but also in natural discs#er response as well having worked on the W. Miami Floods in October of 2000 as a Logistics Officor. Mr. McKissack has extensive training in Incident Command, Confined Space, 40-Hour Hazwoper, First Aid and CPR, Boat Operations and Total Job Assessment. Supervisor on two Florida bisaster Responses. ALLEN IVICWHiRTER, Instructor & Safety Supervisor, is a State of Texas Certified Hazardous Materials Instructor with 15 years teaching experience. Allen halls an EPA certification as a Hazardous Materials Technician with 17 years of Haz-Mat response experience with the Texas City Fire l3epartment. He is a certified Master Fire Fighter, has and Associate Degree in Computer Science, and has attended Haz-Mat training at the National Fire Academy and at Texas A&M. JOE ~ILI.ER, Business DevelopmenE, has 30 years of experience in the petrochemical industry. Worked in Saudi Arabia, Ganada and Belgium as Maintenance Manager. Responsible for updating Maintenance and safety practices. VSforked for aver 30 years without a single lost time incident. In addition, Joe has experience as Terminal Manager, Operations Superintendent, and fnspeetbn Superintendent. Four years experience in the Haz-Mat and Oil Spill response industry. Joe worked as a LSA Supervisor for two seasons in Florida's Hurricane Responses. CAMILO aLI~IIERI, Emergency Response and Safe#y Supervisor, has experience in Emergency Response dating back to 1989 when he started in SAR operations in Venezuela. He is a Paramedic, active in Venezuela since 1989 and in USA since 2801. His experience in Rescue operations include being one of the Venezuelan UNlOAI (USRR team) leader for the rescue operations during the Mud Slides in La Guaira, Venezuela in 1999 and in E[ Salvador's earthquake in 2D01. His _ has worked as Hazardous Materials Response Supervisor and Instructor since 1997 where we leaded l the project of creation of the Haz-Mat Team far the Central University of Venezuela and then working ~- ~ as Haz-Mat Supervisor since 2001 in the Houston area. Camilo has responded on average to 2b0 events per year in supervisory or safety positions. As an Emergency Response Instructor, he has been teaching emergency responders and managers in the United States and all Latin America since 1998. He currently holds certifcations as Nationally registered Emergency Medical Technician, Haz- Mat TechnicianfSpecialist, Incident Safety Officer, Rescue Technician, IndustriaflMunicipal Firefighter, and Air Instrumentation Specialist. He is also an Outreach OSHA Instructor for General Industry. JOHN PAVLICEK, Supervisor, has over 10 years experience in the oil spill and l~az-Mat response industry. Oversees field crews in emergency response situa#ions and daily crew operations. Deals directly with customers, agencies, and is an oil spilt Ql ~Quaiified Individual) and a Qualified trainer. EDGAR 1~. ROTUNDfl, IT Dept & Emergency Respansa, Native of Venezuela; he s#arted his studies on the Central University Fire Academy in Venezuela on 1992; specialized in Haz-Mat and FMS, where he spent 12 years serving the community. During his service In the Fire Dept., he made his studies in the Institute of Management and Technology, earning his degree in Computer Technology. Due to his parallel career with the emergency field, Edgar has developed a close relationship between the emergency field and computer fechno[ogy, covering the needs of the emergency response with computer knowledge. Dther certifications include Haz-Mat Technician and Methods of Teaching from Texas A&M University, Safety Officer from the National Fire Academy, and many others. Performed the jab of Bata Specialist far the Hurricane Dennis with the Emergency Response Team in the State of Florida in 2005. Currently he holds the position of Corporate Webmaster with Garner Environmental Services. ELi3ERT SIRMONSy Supervisor, has nine years experience in environmental emergency response. Sirmons has extensive experience in a[1 types of emergency responses, including Haz-Mat and oil spill incidents. Sirmons has responded to an estimated 1,Ot)0 spills during his employment C ~ with Garner Environmental Services, Inc. and some of these incidents have been located worldwide. Assets that make Sirmons unique at Garner are his abilities #o train in any location necessary, Some of his certifications include 40~Hour Hazardous Waste Materials, Confined Space Rescue, and NIMS 42 i Incident Command Systems. His versatlity has allowed him to work in places such as the Dominican Republic, Venezuela, Nicaragua, Chlli, and t3alivia. Sirmans other qualifications include confned space entry, tank cleaning, refinery turn-arounds and ship to shore #ransfers. Sirmons experience and committed people skill has made him a successful supervisor and respected operations manager. ~A1/ID TiVERBAU~H, Instructor & Safety Supervisor, is an eighteen-year veteran of the Texas City 1=ire Department. He currently holds the rank of captain and is the commander ofi the Hazardous Materials Response Team. []avid is a member of the Water Rescue Team and supervises a shift at the Specie[ Operations Station in the heart of Industrial Texas City. He holds certifications in hazardous materials, emergency medicine, rescue, teaching and fire. 1-lis educational background includes a degree in Fire Science, completion of the Hazardous Materials Program at the National Fire Academy, and numerous programs through the Texas A&M and other Fira schools, He currently teaches in the EMS degree program and the Fire Academy at College of the Mainland. He also is the Lead instructor in a nationally recognized foam school taught at the A&M t=ire Training Campus. RANQ`f {ISIATKINS, Supervisor, has over 25 years experience in the oil spill and Haz-Mat response industry and has been a supervisor with Garner for approximately 18 years. Mr. Watkins has over 15 years experience as an instructor in boating safety and training of boat operations for the Coast Guard as well as private industry. Vyatkins' training consists of confned space, First Aid and CPR, insfrurnent usages such as PID`s, Multi-gas meters, GC Mass Spec computer analyzer, Hanby 1=nvironmentai Soil hydrocarbon field test kit, ad Jerome mercury meter. GARY ~. SELLS, has over 32 years experience in the petrochemical industry in operations and 30 years experience on the emergency response team in the pefrachemical industry, including: firefighting, Haz-Mat, rescue and medical. 20 years experience as a certified firefighter in the state of Texas. 8 years experience as a certified emergency care attendant for the state of Texas. Garner, 4 years safety supervisor. Mr. Wells worked numerous confined space rescue jabs along with oil spots, Haz-Mat jobs & 2 months night supervisor at the British Petroleum disaster. Training with Garner C. ~ includes Haz-Mat, Rescue and Air Monitoring. KENNETH ~`{. WRIGHT, Supervisor, joins Garner with a variety of experience, including 16 years as a professional firefighter paramedic with 5 years as a rescue technician an tl~e Technical Rescue Team for the Haustan Fire Department. He taught far Houston Community Cottage in emergency medical services, currently as a guest instructor at Texas A$~M Un;varsity far specifc rescue courses, and serves as a Logistic Team Manager far "Texas Task Farce 1 tJSAR Team". His certificates and achievements include master firefighter, EMS instructor and skills examiner, hazardous materials and emergency response training, swift water rescue instructor, confined space, rape rescue, high angle instructor, hyper-boric Technician, dive master and dive rescue specialist. STEFAN Y~©EVIK, Operation Supervisor, joining Garner in 1999, Mr. Ygdevilc currently supervises teams an emergency responses such as oil spills, hazardous materials spills, and standby rescue and is an Garner's Natural Disaster Response Team. He has supervised the response efforts #a two warehouse fires in 2004 and has responded to several significantly large ail spills. He also performs safety and air monitoring. Stefan responded ko al[ four hurricanes in Florida in 2604 and responded to Hurricane Dennis in 2005, performing logistics support and tracking ail equipment. His certificates includes hazardous material and emergency response training, air monitoring, confined space rescue, boom deployment, 1S' aid and CPR, Incident Gomrriand, blood borne pathogens, THOMAS MUNOZ, Lead Instructor, has 14 years experience with the Haustan Fre Department. He currently is a Captain for the Houston t=ire ©epartment Haxmat Team. Mr. Munoz is a State Certified Hazardous Materials Technician and Instructor. Tom is an adjunct instructor far Houston Community Gallege, where he teaches t=ire Technology Classes to all incoming Houston Fire Department Cadets. He is also serves on the college advisory board, Mr. Munoz is a Lieutenant with the United States Coast Guard (Reserve). He is currently assigned to Marine Safety Office Park t ~ Arthur, where he is an Assistant Planning Chief. Some of his responsibilities include hurricane ` preparedness and hazmat training far al! rriembers. He served as the Operations Section Chief far waterway debris removal in New Orleans post hurricane Katrina. In 2005, Tom received the Captain r#3 1 Edward R. Williams Ayrard for Reserve Exceifence. Tom holds an Assflciate pegrae in Fire ~~~ Technology from San Jacinth College and a ~acheiars i]egree in Political Science Fram the< EJniuersity of Houston. Mr. Munoz currently holds a federal security clearance with the EJnited States Coast Guard. C.~ l ~~ O O 5.[~ Res once F~istor ~ Y ~.a Summary of Services, Proje~fs, and Responses 1Related to Rroposal The following is a summary of our services, projects and responses that are directly related to this proposal and relate[# specific tasks 2Qfl6-Tropical Storm Ernesto Flooding = At the request of the Virginia Department of Emergency Management (VDl~M) and the City of Richmond, Virginia, Garner supplied turn-key, around-the-clock supervision for the relief efforts dealing with the effects ofi the sewage-con#aminated flood waters of Tropical Storm Ernesto. For over five months, Garnr:r provided for the pumping of flood wafers throughout the city and the decontamination efforts of the affected areas. Garner provided the personnel, pumps, generators, mechanics, operators, fuel, hoses, and a#I other necessary equipment in their operations. Through its strategic alliances, Garner was able to have equipment mobilized, installed, and operational within twelve hours of initial activation during the Labor Day holiday weekend. Garner crews, through their expertise, maintained eleven 18 inch dewatering pumps with over 21,000 feet of discharge piping. Concurrently, Garner, working closely with the Commonwealth and local rogulatory officials, applied aver 128,Oi70 pounds of hydrated lime to chemically raise the ph of the sewage contaminated soil to a safe level. Garner also decontaminated all of the residential hard surface areas in the affected area, using sodium hypochlorite and high volume wafer flushing. To date, Garner response members have pumped over 2.5 billion gallons of sewage- contaminated flood waters, preventing the hazaMous water re-flooding in surrounding communities. Also, Garner ~) continues the gross residential decontamination and sludge solids removal in several square miles of the Battery Bark area of Richmond, VA, an area that was severely affected by the contaminated flood waters following Ernesto. 20b5 hlurricanes (Dennis, Katrina. Rita, and Wilma- Garner Environmen#al Services, Inc mobilized for the 2005 Hurricane season on July B, 20(}5 for Hurricane Dennis and continued its response efforts well into 2006, providing services, equipment, logistics, and surge response. During the unprecedented 2t]Q5 hurricane season, Garner simultaneously managed and operated seven Logistical Staging Areas LSA} in 1Nest Palm Beach, FL; Pensacola, FL; Live Oak, FL; Stennis, MS; Frankiinton, LA; Laks Charles, LA; and Port Arthur, TX far a myriad of clients. These clients included the Florida Division of Emergency Management (FLDEMj; Mississippi Emergency Management Agency (MEMAj; Louisiana Office of .Homeland Security and Emergency Preparedness (LAHSEP); City of Port Arthur; United States Coast Guard; the Federal Emergency Management Agency (F1=MA); and Murphy ail USA. Garner mobilized, tracked, and recovered aver 2 thousand deployed of pieces of equipment, which were dispatched for its clien#s throughout the season's storms. Gamer representatives worked in close coordination with federal, slate, and local officials in the Emergency Operation Centers in Tallahassee, FL; Stennis, MS, Baton Rouge, LA; and Port Arthur, TX. Garner supplied the client's citizenry with emergency power generators for critical needs infrastructure, material handling equipment for emergency goads warehousing and Points of Distribution (POD's), and emergency pumping assets. After the impact of Hurricane Katrina, Garner !ed the technical decontamination projects on the San Gabriel morgue (New Orleans area), New Orleans International Airport, and mobileltemporary body storage units in the New Orleans area. Garner Logisticians were key in ob#aining and procuring the cables and sandbags that were deployed on the breeched levies in New Orleans. Garner also served as the prime spill contractor on the Murphy Dil spill in Southern Louisiana. ` 1 Garner dedicated several emergency fueling assets throughout the Guif Cflast. For the City of Port ( j) Arthur, Garner installed over 80 emergency power generators ~nrithin 72 hours. Garne~'s service was also highlighted during Hurricane Wilma, where crews installed a 200 kilowatt generator within S hours ~t6 post~landfall at a dialysis conic in West Palm Beach, FL. It was later determined that the generator provided power to the critical dialysis machines #hat gave life sustaining dialysis to over 25D people. 2004 Florida Hurricanes Charle Frances Ivan and Jeanne ~ Garner was activated by the Florida givisfon of Emergency Management (FLDEM} on August 12, 2DD4 and demobilized an October 22, 2{lD4 in response to four hurricane strikes (three majors}. Garner was an instrumental part of the largest Federal Response in the history of the United States to date, within State Emergency Response Team's (SERT} Logistics Section as well as its 1=mergency Support Function 7 (ESF7}. In the response, Garner mobilized, tracked, and recovered over S7D pieces of equipment used for emergency power, emergency pumping, and materials handling (i.e. MR1='s, Water and !ee}. Garner personnel helped staff and manage the Logistical Staging areas designated by the State of 1=lorida to receive and subsequently supply the disaster victims in the state with emergency power, food, water and ice. Garner also provided hundreds ofi loads of ice to supplement the Florida Response. Garner worked in extremely close coardinatian wi#h Forestry, Emergency Management, ACOE, National Guard, etc. During the response Garner played a key rate in coordinating an emergency multimillion gallon fuel shipment into the already fuel depletod state (due to storms cutting off the parts}. Using its partners in the petrochemical industry, Garner was able to coordinate the shipment of aver 3D rail cars with diesel and unleaded gasoline into the stale within 72 hours. Gamer logisticians also assisted the ESC in acquiring immeasurable loads of commodities such as flares, baby goods, portable radios, insect repellent, shelf stable meals, law enforcement gear, eiecfronics and IT materials. Garner also deployed and managed a 1 DDD person turnkey base camp in central Florida far first responders. This base camp was a turnkey self-sufficient operation that provided hot meals, sleeping quarters, laundry and shower facilities, and a medical clinic to its responder residents. Garner field Teams assisted in the Logisfical Staging Area (t_SA} management for over 9 LSA's throughout the state as well as staffed, managed, and operated state owned commodities warehouses. Garnet's unprecedented utilization of satellite (racking units during the 2DD4 hurricane on its equipment allowed far an almost perfect recovery rate an deployed equipment, saving the State of Florida ^~ countless monies in replacement equipment. Also, Garnet's close attention to detail agawed the State of Florida to receive a 1DD% reimbursement rate Pram FEMA for Garnet's services rendered under the Stafford Act. 2003 i-lurricarte Isabel - At the request of the Commonwealth of Virginia, Garner provided logistical support in the farm of portable power generators, cable, lighting plants, and pumps. This equipment provided support far over 14 different agencies within the Commonwealth including public works departments, police departments and airports. The units were used to power sewage pumping stations, drinking water systems, hospitals, nursing homes, and public shelters In Henrico County. Garner also provided materials such as flares, water coolers, batteries, and potable water to the City of New Part i~tews, VA. In addition to the above described services, Garner also was the lead contractor for the Virginia Department of Transportation (VDOT} Elizabeth River -Mid Town Tunnel flooding in Norfolk, VA. Garner swiftly responded with fechnical response personnel and high volume dewatering pumps. The Mid Tawn Tunnel flooded completely due to lsabel's storm surge, cuffing off a vital Norfatk and Hampton Roads District artery. Using high volume trailer mounted and submersible dewatering pumps, ranging in size from 6 to 12 inches, Garner crews were able to pump an estimated 35 million gallons of storm water. Garner teams additionally pressure washed the debris and refuse in the tunnel and vent spaces. Garnet's crews and management were able #o finish this project in less than 3 weeks, thus allowing the tunnel to be reopened ahead of forecasted projections. Garner personnel were requested on-site prior to the impact of the storm event and were able #a da sa due to pre-existing contracts with the Gammonwealth of Virginia. 2009 - 2002 New Yartc State - Vtforld 'Grade Center Recove -~ Gamer, in direct support of New York State and the USAR activities, assisted in the recovery response effort to the terrorist attack on September 11, 20D1 against the World Trade Center Complex. The activation of an existing state ( l emergency services contract with the state of f~tew York allowed Garner Environmental to arrive at the ' J scene in less than 36 hours, including the delays imposed on air travel at that time. 1'he response r ~~ team, while in transit, still managed to deploy needed equipment to the site within six hours of the request Initially, Garner assisted the state in its Ground Zero effort with resource procurement, coordination, logistics, and warehousing of all necessary items, including the supplies used in the conversion of a downtown armory into the Family Relief Center, Mere, Garner provided items needed for basic survival and comfort, including food, water, office supplies, HVAC systems, hand washing stations, etc. Garner also supplied respiratory equipment for those in need. Beginning on September 15«', Gamer Environmental transitioned to the forensic Debris Recovery Project, led by the New York Police Department {NYPa} and FBI, at the Staten Island Fresh Kills Landfill site. Garner, on the same in twelve hours, was the first contractor an site. Here, Garner teamed with and supported members of the NYPD and FBI to siFt through and examine alE debris removed from the World Trade Genter "Ground hero" site. In its efforts, Garner helped design materials handlingldebris segrega#ion and screening facilities and directly assisted in the recovery mission of personal effects, body parts, aircraft parts, and misc. documents (contracting out to 70 operational personnel}. In addition to the recovery work done on the Island, Garner provided over ~4D pieces of heavy equipment (shaker screens, pay loaders, and excavators) and operating personne! in the recovery of forensic evidence from Ground hero. Garner worked and coordinated efforts with over 35 local, state, and federal agencies to complete the project by July 2002. In the end, Garner sifted and processed over 1.7 million tons of debris. 1898 Florida Wildfires -Garner responded to Florida's Division of 1=rnergency Management's request during the mast devastating wildfres in Florida's history and helped coordinate the largest fire response in the history of the country to date. At the request of the United States Forestry Service, Garner deployed aver 70 mobile, self sustaining fre break teams. These turnkey teams, consisting of operators and low ground pressure heavy equipment, were able to sustain continuous 24 hour operations. For over six weeks, Garner provided fire breaks throughout the I-95 corridor helping to C..) prevent these fires from spreading. Garner was able to deploy these mobile teams via its deep logistical network. Through its well- estabGshed relationships, Garner was able to mobilize equipment after hours and on a holiday weekend. To coordinate such a large operation, Garner decided the equipment should be deployed to a central Logistical S#aging Area {L5A}. As the equipment arrives, it is met by onsite logisticians who inventory and then assign equipment and personnel far deployment into its respective operational theater. Point of Response Garner's alliance partners and key vendors are positioned all over the united States, Mexico, Central and South America. Favorably negotiated rates and Services allow Garner to bring personnel, equipment and materials from the closest geographical location, radiating outward in concentric rings of responses as needed. This allows Garner to have personnel and equipment on the ground in an impacted area in a rapid and timely, manner. These hubs of response and distribution paints crass the Western Hemisphere. With over 250 alliance and key vendor partnerships, coverage is extensive. It is particularly robust in the Eastern and Southeastern United States. In the 2004 Hurricane Season, Garner made over 1000 deployment of various equipment types, including pumps, light plants, forklifts, pallet jacks, cranes, Ivading ramps, generators, AC units, transformers, satellites phones, satellite communications packages, vehicles, command and communications trailers, consumable supplies, PPE, ice and v~rater. In 2005, across seven Logistical Staging Areas {LSA} our supply chain supported over 2500 equipment deployments and a host of supply issues tha# were considered "out of the bob' in response to Hurricanes Katrina and Rita f ~.. . 47 ~ ~1 5.~ Prev`}ous bcperience of Cortfractar Garner's experience in the field of emergency response and planning is unparalleled anywhere in the world. Garner fs distinguished from other companies in this field by our actual emergency respanse experience. We bring our respanse experience and lessons (earned to prgvlde a more realistic and practical approach fa responding to an emergency. In addition, as a response organization we offer hands-on experience with strategic and tactical decision making skills developed through years of real life situations. Disaster aesponse Seruices 20D6 - Commanwealth_ of Virginia Department of _Emerc~encY Mana~emen# [1fDEM)ICity of Richmond -- Trc~aical Storm Ernesto Flooding -Provided turn-key around the clack supervision for the pumping and decontamination operations from the effects of sewage contaminated flood waters of Tropical Storm Ernesto for over two months. Garner provided personnel, pumps, generators, mechanics, operators, fuel, hoses, etc. in relief efforts for the Commonwealth of Virginia department of Emergency Management. Garner also conducted the grass residential decontamination of several square miles of the Battery Park area of Richmond, WA that were most severely offer#ed by the sewage contaminated flood waters. Initial personnel and equipment on-site within 12 hours of activation. Project still ongoing. 2t7D6 - Hurricane Ernesto -Florida Qiivisian of Emer~€ency Management -- Garner Environmental Services mobilized at the request of Florida's Sate 1=mergency Response Team (BERT} #o provide State Emergency Dperations Center (SEOC} personnel and Logistical Staging Area (LSA} resource ~~ management teams to mobilize the material handling equipment for anticipated Points of distribution ~._ (PODS) and emergency power needs fn response to Ernesto. Garner crews additionally staffed State awned relief goods warehouse providing personnel management and dis#ributian support for relief commodi#ies. Friar to the Ernes#a's landfall Garner crews readied over 60 emergency generator sets and 3D POD material handling equipment packages for immediate deployment within of 12 hours post landfall. Initial personnel and equipment an--site within 36 hours pre EandfaN. 2Q06 -- Tragical Storm Alberto - Florida Division of Emer_gency Management -Responding to the overnight development of Tropical Strom Alberto Garner Environmental Services mobilized at the request of Florida's State Emergency Response Team (SPRY) to provide State Emergency Opera#ians Center (SEOC} personnel and Logistical Staging Area (LSA} resource management teams to mobilize materiaE handling equipment for the anticipated Points of Distribution (PODS} and emergency power needs in response to Ernesto. Garner crews additionalEy staffed She State owned relief goods warehouse providing personnel management and distribution support far relief commodities, Prior to the Alberta's landfall Garner crews readied over 25 emergency generator sets and 60 POD material handling equipment packages far immediate deployment within of 12 hours pos# landfall. Initial personnel and equipment on-site within 2A hours pre landfall. 2tJ05 -- Hurricanes Dennis, Katrina, Rita, and Wi[ma - Florida )Division of_ Emergencu Manaaerr:eniL, Mississi,Rpi E~ergency Management Agency, Louisiana Office of Fiomeiand Security and Emergencv Preparedness. City of i'art Arthur Texas, United States Coast Guard itJ5CG) and the Federal Emergency Management Agency (I=EMA) -Garner Environmental Services, Inc mobilized for the 2D05 Hurricane season on July 6, 2QD5 for Hurricane Dennis and canfinued its response efforts well into 2406 providing services, equipment, logistics, and surge response. During the unprecedented 2D05 hurricane season Gamer concurrently managed and operated seven Logistical 5faging Areas (LSA} in West Paim Beach, FL; Pensacola, FL; Live Oak, FL; Stennis MS; Franklinton, LA; Lake Charles, LA; and Part Arthur, TX. Garner tracfced, mobilized and recovered thousands of pieces of equipment dispatched for ifs clients. Gamer representatives worked in close coordination with Federal, S#ate, and Local officials in tine Emergency Dperation Centers in Tallahassee, FL; Baton Rouge, lA; and Port Arthur, TX. Garner supplied the client's citizenry with emergency power generators far critical needs infrastructure, material handling equipment far emergency goads warehousing and Points of Distribution (POD'S), and emergency pumping assets. Garner also led the decontamination projects on the San Gabriel morgue {New Orleans area}, New Orleans international Airport, and mobileltemporary body storage units in the New Orleans area. 2004 - Wurricanes Charley Frances, loan artd~ Jeanne -Florida C3ivision. of Emergency Manaaemen_E -Garner Environmental Services, Inc. activated on August 72, 2004 and demobilized on Qctaber 22, 2044 in response to four hurricane strikes (three major hurricanes}. Garner was an instrumental part of the largest Federal Response in the history of the United States, to date, In the response, Garner mobilized, tracked and recovered over 870 pieces of equipment uses for emergency power, emergency pumping and materials handling (i.e. MRE`s, Water and Ice). Garner personnel helped staff and manage the Logisflcal Staging areas designated by the State of Florida to receive and subsequently supply the disaster victims in the state with emergency power, food, water and ice. Garner also provided hundreds of loads of ice to supplement the Florida Response. Garner worked in extremely close coordination with Forestry, Emergency Management, ACOE, National Guard, etc. Garner had personnel art-life within four hours after activation. 2403 --Hurricane lsabei -Vir inia De artment of Trans vrtation VflC1T -Garner responded with personnel and high volume pumps to the Elizabeth River -Mid Tawn Tunnel in Norfolk, Va. The tunnel flooded completely due to the storm surge during landfall of the hurricane, cutting off a vital Norfolk and Hampton Roads District artery. Using 6", 8" and 'l2" high volume trailer mounted and submersible pumps, an estimated 30 to 35 million gallons of water was removed from the tunnels and associated structures underneath. The tunnel and all cant space was pressure washed and a[I debris removed during the operation. This operation tank an estimated 2.5 weeks #o finish and the tunnel reopened ~. ~ ahead of the expected date. On site and pumping within 12 hours. 2t?03 -Hurricane fsabel -Commonwealth of Vir inia -- Garner provided logistical support in the form of portable power and cable, lighting, and pumping capability_ Porfable power ranged from 35kW Generators to 'I750 kW Generators. These units were provided to 94 different agencies including Public Works Departments, Police Departments and Airports. The units were used to power sewage pumping stations, drinking water systems, hospitals, nursing homes and public shelters in fienrico County, Gamer also provided materials such as flares, water coolers, batteries and potable water to the City of New Port News, VA. Garner personnel reques#ed an-site prior to impact of storm event -- a61e to do so due to pre-existing contract with the state. 2003 -State of Florida 8~ The Steinhatchee Water Association -Gamer provided an initial response on Labor Day Weekend, which required the installation of what became known as the "Water Well an Wheelsn. This application required the conjoining of Foad Grade Potable Water Tankers, Hydrostatic Water Well Tanks and Pumps to supply water to a system infected with e,coli Bacteria. This system was then replaced with a Reverse Osmosis (R.O.} system that currently provides 400 gallons per minute of potai~le water to parts of two area counties. Water is drawn from system water wells, pumped through the R.O. Units, and pumped via high end pumps to the system water tower for distribution. The system includes R.O. Units, a chemical injection system and pumps. This is an ongoing projec#. Dn- si#e, water in place within 8 !tours. 2003 -Corsicana and Lufkin, East Texas Area -- St~ace Shuttle Columbia Recovery Mission - Garner provided planning, logistics and infrastructure support through April, 2003 for the shuttle recovery mission in East Texas. Electrical and FIVAC equipment sent to camps and command centers ~...-~ for support of operational personnel. Can-site wifhin 4 hours during a ma]or !ce Storm at the lime of the cafl to respond. 4~ ~_....._.. ~ ~ ~ 1 2OQ3 -Port nl' GarpuB Christi -- Ililllltary N;puipm$nt Laad ©Ut In Support ~~ '~OpeCatiOn Iraqi Freedom" _ Garner provided 50 person crew and oversight in support of BNSF rail mobilization of Military 1=quipment through the Port of Corpus Christi. InterFace with Military Transport Command personnel as well as army reservists in removing military hardware from shipped rail components and trucks. Worked nights unsl~ackiing and afffaading equipment for movement onto Liberty Ships for transport to the Middle Fast. Ornsite wiffrfn 6 hours and working. 2002 - Cor us Christi Texas - Torna o flies ones -- l7el iylar Coils a -Based upon an existing contract, Garner responded to a tornado strike at the west campus of Dei Mar College in Corpus Christi which resulted in ex#ensive damage and one death. Coordinated and managed efforts of subcontractors and maintenance personnel in returning campus to accommodating 8D% student capacity within three days (firom Sunday to Tuesday) and 10U% of student capacity within 6 days. Damaged library temporarily sealed and approximately 17,000 volumes recovered and removed. l.ow humidity desiccation chamber created at remote location to dry and salvage documents and books, computers and audio-visual equipment, 16,000 volumes salvaged. All destroyed portable building debris removed and disposed af, hazardous material component (mercury and various hydrocarbon spills) recovered and disposed of, wafer damaged material in interior of damaged buildings removed and building interiors dried far student use. Garner coordinated personal and classroom item recovery from impacted areas. Qebris subcontractor Crowder-Guff and restoration contractor Cotton Catastrophe work overseen and reviewed by Garner project personnel. Can-site vvifhin 2 hours. 20(?2 -- San Antonio and Central Texas Area -South Texas Floods -- Supported local fire departments and other local and state agencies by transporting rescue crews, medical supplies and other items across rain swollen rivers. Assisted in the removal of debris in the public assistance area _ along with cleaning up several area of spilled ail and other material. Ott-site lmtrrediateiy due to pre-existing contracts. 2002 -State cif Gear fa -Gear is Crematn Bad Recor-e --Response and setup of generators, HVAC Units, tents for use by Georgia Bureau of Investiga#ion and the U.S. DEMORT Team. Garner established a temporary morgue cold storage unit measuring 8,1300 sq. ft Mobilized teams far debris removal and manned the HVAC unit 24 hrs a day to maintain temperatures required for body preserva#ion. Supported Gi=MA activities with rehab facilities foe their personnel Notihed at 10:00 AM on a Sat. morning, all initial equipment on-site and setup in Tess than S hours. 2001 -State of Florida -Hurricane Michelle -Deployed from California to stand by In the State FOC in Tallahassee far the approaching Hurricane. Worked with ESF-7 personnel fa plan and prepare far a major event in Southern Florida. Hurricane dissipated over Cuba and Garner demobilized to regular duty sta#ions. On site at the EDC within 92 hours of being requested to respond. 2001 -Coral Gables. Florida -Hurricane M4chelfe -- Responded and pre-staged debris removal equipment fnr the City of Coral Gables, Fla. The hurricane eventually dissipated aver Cuba and ail equipment demobilized within one weep. All equipment was on»site within 4 haute at' tits request. 20t71-2402 -New York City -- Staten Island ~ 9f99 -World 'Grade Center -New York Clty Police i3ezrartmertt -Forensic Debris Recovery Project -First contractor on-site at Staten Island f=resh fCills Landfill post 9111. Piggybacking upon and utilizing State of New York contract, Garner teamed with and supported l~ew York Police Department (tVYPD) and FBI efforts to sift through and examine all debris ~ removed from World Trade Genter 'Ground Zero' site. In association with NYPDiFBI supervisory `~ personnel, Garner helped design materials handlingidebris segregation and screening, and directly assisted in the recovery mission of personal effects, body parts, aircraft parts and documents at the 5t1 Staten Island sife. Project sample#ed in July 2©02. Provided heavy equipmen# (shaker screens, pay loaders, excavators) and operating personnel and management expertise in the recovery of forensic eVldetiGe from Ground "sera". Provided aver 40 pieces of heavy equipment and more than 7D operational personnel to spearhead the handling and examination process. Garner sifted and processed over 1,700,000 tons of debris. From the time this assignment was received on 09116f2002, Garner was on scene working within 12 hours. Focus a# the recovery mission was to support ail F~IYPD forensic operations on Staten Island. VVarked and coordinated with over 35 local, state and federal agencies and contractors to help coordinate efforts of mare than 12fl0 personnel handling and sifting debris. Garner transitioned contract agencies from NYPD #a the Army Carps of Engineers (AC01=) management team in late October. The administration of the project was overseen by ACOE prime contractor Philips and Jordan from late October to the end of the project, while NYPD and the FBI retained operational control. *** 2001 -New Yark State --World ~'rade Center Recave -State Lmer ens Mara ement Office - State activated exisfing slate emergency services contract with Garner, assisted the State of New Yark with resource procurement, coordination, logistics and warehousing_ This was done in direct support of NY State and tJSAR activities and the recovery response effort to the terrorist attack on 09111/01 against tk~e 1ftlarld Trade Center Complex. Also provided #urnkey measures (wafer, office supplies, climate control, e#c.) far support and conversion of downtown armory used as Family Relief Center. Supplied respiratory equipment and hand wash stations in support of Ground .Zero effort. Arrived an scene at the New York EDG in less than 36 hours. Air travel restriction prevented a faster response. While in transit, Garner deployed equfprxrenf thaf arrfvsd within S fours of the request: ~~ 2001 -Houston - Tro ical Storm Allison Floods -- Public Assistance _ Provided personnel, equipment and demolition expertise to Property Development Group in the demolition and restoration ofi sections of the underground entertainment area. Demolition of the flood damaged area included removal of all debris, demofi#ion of flooded elevators and treatment of the area for mold growth. 2QQ1 -- Houston ~ Tro ical Storm Allisorr Ftoadin -Provided turn-key operations for the pumping and recovery from the effects of flood waters. Garner provided pumps, generators, mechanics, operators, fuel, bases, etc, in relief efforts far Harris County and the City of Houston. Garner removed mare than 250 million gallons of water from theater area underground garages and tunnel systems. Recovery and removal of over 170 vehicles submerged in underground. Personnel on-site for two weeks performing cleanup operations. Initial personnel and personnel an-site in 4 hours. Mabifizatian of over 114 pumps and 3.a miles of hose from across the United States to handle and supplement recovery operations of city, county, medical center and utility groups. 2001- Ecuador -Terrorist Guerilla taornbin~- Responded to the bombing of the Petro-Ecuador Pipeline located approximately 45 kilometers €rarn the Columbian Border along the Equator at the font of the Andes IVlauntains. An explosion released 800f~ barrels of crude with ensuing fire. Garner provided equipment, manpower and expertise for the cleanup in the very rugged mountainous, riverine terrain. Bioremediation agent used post fire and cleanup_ 2000 - 2001 - North Texas -lee Storm -Responded for Department of Public Safety to supply Generators to cities in North Texas. Power was distributed during outages in towns such as New Boston, Texas. This work was performed through the Texas General Services Commission. `. ~ Equiprnenf was on-site .v-~ffhfn 8 hours. 5r7 1 i 2999 -Florida -Provided Type "6" Fire Engines and crews to assist in the firefighting efforts during the 2000 Wildfire Season in the State of Florida. 2000 - Sou#h Florida - Flooding -Provided Turn-Key operations for the South Florida Floods ire Miami -Dade County. Garner provided Pumps, Generators, Fuel, Hoses, Mechanics, Certified Operators, Forklift Competent individuallTrainer, Extended-Reach Forklifts for Salvakion Arrrry Operations. 3 Pumps remained an-site under contract in West Miami maintaining the Sewer System far over a year. Aft equipment on-si#e within ?e3 hours far the Stale of Fforfda. 2090 -Coral Gables, i=1a. - Hurriicane Debbie -Response in preparation for approaching trurrlcane. Responded with generators, pay [waders, cable and other items. All equipment was on-site within 12 hours. 2090- Venexue3la -Response to mud slides and flooding at Customs Warehouse Storage Facility in the port of La Guaira, north of Caracas, Venezuela. Removal, segregation and recovery of over 250 different types of chemicals in over 15D0 containers; removal of over 3D0 large shipping (conex} containers; sampling, excavation, and disposal of over 125,040 cubic meters of soil, mud, rock, and debris in port facility. Assessment, logistics, and planning with United Nations, State Department- Nazardous Material Response Team, Venezuelan Firefighters, and the U.S. SpUTHCOM Mll_ GROUP; cooperation with Swedish fire fighting team and five Venezuelan Ministries. Project finished ahead of schedule and under budget. 2000 -Bolivia - HictE~ Andes Oil Spill -Pipeline rupture produced by flooding at 15,tJQ0 ft. in Frighly C~ sensitive Bolivian Highlands. 28,f100 barrels reported #¢ be lost. Air logistics provided personnel, equipment and materials to remote Andean region. More than 3,500 native and American personnel in 7 zones over 150 miles of river course managed by Garner at operational peak of project. First Response personnel on-site in 36 hours. Huge operation managing logistics, personnel, supplies, and . equipment utilizing Russian Antonov, C-130, and 727 plane loads in an international venue. ?999 -Florida -Hurricane Irene - Utilizing large pumps and water trucks, handled millions of gallons of sewage outfall wtren system overflowed in West Miami area. Personnel and egr~ipmenf on sits wifhfrr 4 hours. 1395- Florida- Hurricane FRnyd -Pre-planned Tier 2A equipment package provided with turnkey service (approxima#ely 77 generators}. All equipment on-site Hrithin 2~4 hours. 1999- Nevsr Ynris- Sprayed for masqui#a vectors carrying West Niie Encephalitis in New York City and Long Island area using rotary wing aircraft with GPS and mapping capability. J;qulp,~nenf ott-site within ?2 hours. 9998 - l=lorida -Hurricane Georges. -Emergency power supplies for Slate of Florida from Key West to Tallahassee. 125 generators and turnkey service provided. O-a-slfe within ?8 hours. 1998 -Texas -Tropical Storm Francine-Hazardous material and drum recovery for USCG in Houston ~ Ship Channel. do-sfte wffhfn ~t hours. ~'~ ~ Sfrrctly 52 - -~ --------....._ ............. .1. _ .. ..............- -- --- --.._.. ... . 1998 _ Det f~to, Texas - Fioads _ I]ebris removal, hazardous rnateriaf removal, and body recoovery, Qn- sf€e t+s-ithln 4 hours. 1998 - l~iorth Carolina -Hurricane Ronnie -Turnkey emergency power supply for State of North Carolina. (30t) plus generators}. Equipment an-site tn+ithin 32 hours. 1998- State of Florida -Wildfires- 67 €.ow Ground Pressure (t_E~G) dozer crews from ,lacksanvifle to i3aytona. 294 persanneE and equipment crews to tighk wide-ranging crown & flash fires. Initial Equiptrtent on-site in 4 hours, alf equipment on-site within ,24 hours. 9998 -New Yo~lc State -Ice s#orm -Provided turnkey aiternatfve power sources, logistics, and equipment airlift. Alf equipment on-site in 16- 24 hours. 1998 - Nflrth Caroiina -- Ftoodirtq _ logistical and consulting support for chemical and biological contarninatfon resultant from floodwaters. 1996 -Houston Texas -Houston ©istribution Incur orated -Multi fe Warehouse ex lasians & fires, Canfiainment, chemical sampling & cleanup, air monitoring & documentation. 1996 -North Carolina - Hurricane Fran- Cieant~p, removal, & disposal of 5 million cubic yards of debris. Asbestos and hazardous material segregation. ~-~ 1995- Ba Count Florida- Rebuild coastal beach berms and dunes utilizing heavy equipment, post tropical storm event. . 1995 -Dustin. Florida -Hurricane Gpai -Clear and remove cltemiea! & biological waste front coastal areas. 9994- Cktahoma City _ Murrah Building Bombing- Search and rescue; tagistics suppor#; administration support. 9994 - Hoerston, Texas- San .lacinto River flood and. pipeline fires -drum, orphan container and hazardous material recovery, SCATlNRDA assessment, inland in situ burn of product for tJSCGIl9Si=PA Cansofidation artd disposal of recovered materials and wastes. i~•.. ~3 r~ O ~. 1 ~.a R~~e~~~~~~ O ~_.~ Mr. Lea LeChat SERT-- Operations Chief Fltsrida i7EM 2555 Situmard Oak Blvd. Tallahassee, FL. 32399 Phone: ($5Q} d93-9930 Email: ieoJechat@tica.state.fl.us Mr. i7avir# Brawn City Manager City of Corral Gables 405 Biltmore Way Cora! Gables, FL 33134 Phone: (3n5) 468-52115 Fax: {305) 460350 i=maiL' db~-ownCcr~citybeautiful.~~et IVIs. Monica Wilkes, Director Officer of General Services Procurement Ser+ricgs Group Mayor Erastus Corning Z"d Ta¢ The Governor Nelson A. Roeker~ Empire State Plaza Albany, NY 122x2 _ - Phone. (518) 473 -- ~il7alt: FnO~ICfl.Wtl Mr. James Luongo inspector Executive Qirector Detecfive Borough Manhattan 23D East 215 Street New York, NY 1001. Phone: {21477 _ _ - Errtail: missioner Management Dig. Joe Leonetti, Jr. Ho ~ n t_i;PClUSCG ~SU ivestan P© Box 0148 Mauston, 7X 77553-8148 Phone: (409) 682-1256 Fax: (289) 992-7568 Email: liieonard -nsu~Iveston.usce.mi! Mr. Jay Zabel Sfockpile Manager) Logistics iVew York SEMO C.~ t ~, l pudding 22, Suite 101 122011Vashington Awe. Albany, NY 12226 Phone: (518} 457-6926 Male: (518} 45T-2208 Email: joltn.zobeiCa~semo.state.n~s Mr. Richard B. Marx Federal Bureau of Investigation Sa` Floor, 800 Archer Sfree# Philadelphia, PA 19106 Phone: (215} 418-4000 Phone: (409} 983-8616 , i Mr. Mike Montgomery Harris Co. Emergency Management Co€~rdlna#ar HCOEM 6922 Katy Road M r. Management e Hlvd. :ti, TX 78404-3$97 Email: - - x"(361) 698-1649 Ema : kwhiteCa~delmar.edu fkiir. Jahn Owens ~-~. M .` rry Colestock Emergency Management Co~din Materials Management Supervisor City of Part Arthur, Texas ~ - Commonwealth of Virginia P.O. Box 111$9 _ - department of Emergency Management Port Arthur, TX 77641-108 . - 1054}1 Trade Courk E-Mail: Mr. Michael Elieff Response Coordinator South Carolina Emergency Management piwision, Office of the Adjutant General 2779 Fish Hatchery Road Vilest Columbia, 5C 29172 Phone: (803j 737-8717 E-Mall: meliefFa~emd.state.sc.us Richmond, VA 23236-3713 Phone: ($0~!} 887-6500 Email: hcolestock~a ydem.s#ate.va.os Kenny Hayes Resource Management Coordinator, Operations Qivision Virginia Department of Emergency Management (VDEM} 90501 Trade Court Richmond, VA 23238 Phone: (84)4} 874-2720 E-mail: kenny.haves@vdern.virginia,go~r J Scott 12. Forbes ~ U3 F3ownstreatn Contracting & Purchasing Shell Oil Products U3 910 Louisiana Street Houston, TX 770D2 Fhone: (713 214-67D3 E-mail: scoff.#orbes@shelf.com ~..~ j` 1 .fames Pursell pirector of Emergency Response Valero Energy Garparatian One Valero Way San Antonio, TX 78249-16'36 Phane. (281) 93D-4417 E-trail; james.purse _ ero.com ...._ \ .. 0 0 ~~ 7~~ Aisaster Response Ra#e Sheep ~..~ "~ ~~ O J 1 8~Q Additional Experience end Services 8.Q Qperations Garner responds to any type of environmentally threatening incident with professional personnel to ensure a safe, effective, and regulatory compliant response. Garner employs Fully certified, extensively trained, and wfdeiy experienced personnel. each Response Team is outfitted with state-of--art equipment and instrumentation. Practical field experience coupled with superior equipment enables Garner to dispatch an appropriate response to any emergency within minutes of the call. Garner is quick to mikigate the spill, i.e. contain and prevent the spread of material into the surrounding environment. A timely, safe, and cost conscience response minimizes the impact to the surrounding environment, and therefore, limi#s expense and iiai7iiity to the client. Each Garner responder is -n"reli disciplined in proper material handling, communications, safety, and quality awareness. Significant OiIlChemicai 5piil Response Activity 1993 to Present: 1993 Jan-93 Ship Collision & Spill Puerto Rico 1,500,ODD Mar-93 5hfp Collfsion & Spill Tampa, FT. 804,ODD C_~ 1934 act-94 Crude Oil Pipeline Spill Carpus Christi, "i7C 3,000,000 Nov-ia4 Floods & Multiple Pipeline Houston Shlp Channel 1D,040,000 Spills 1995 Sep-95 Refinery Tank Overfill Pasadena, TJt 9DO,D00 Aug-95 Chemleal5pill Savannah, GA 1,500,000 Nov-95 Harge Spill Rinade Island 1,500,D00 1995 Feh-9fi Shfp Collision & Spill Raytown, TX 1,000,000 Mar-96 Bunker Dil Rarge SpIII Galveston, Tx 5,700,D00 Jul-95 Bunker Oil Barge Spill Houston Ship Channel 3,200,000 ,lul-9fi Gasoline Pipelln:e Spill Gramercy, LA I,204,OOD Sep-36 Ship Collision & Spill Portland, MA 1,300,000 1997 Mar-97 Crude Oil Pipeline Spill 5. Houston, Tx 2,fiS0,004 Jun-97 Plant £xplosian & Clean ug & Deer Park, TX 3,400,000 Decon Aug-97 Crude Ofl from Well Blawaut Leesville, LA 7,240,000 1998 Dec-98 Phenol SpiII in Refinery Deer Park, Tx 1,200,DOD 199a ss O C~ ~..~ May-99 Semiconductor Fire & Chemical Austin, TX 2,000,000 5pi11 Nov-99 Crude 0f1 Pipeline Spill Coliins, MS 6,0Dp,000 2000 Jan-DO Crude Ofl Pipeline Spill 13oIivla 20,000,000 Mar-00 Gasoline Pipeline Spill Greenville, TX 3,00E3,000 bec-OD Crude Oil Pipeline Spill Etuadar 500,x00 2003. May-D1 Semiconductor Fire & Chemical Austin, TX 1,000,000 Spill Jul OJ. Plant Explosion, Cleanup & Three Rivers, TX 1,000,006 bacon Sep-01 Ship Collision Houston Ship Chaztnel 3,040,000 2002 Apr-02 Crude Ofl Pipeline Spill Lafitte, LA &,00{},000 2003 Jan-03 Sorge 5pifi Houston, TX i,0D0,00D June 03 Plant Explosion, Cleanup & Pasadena, TX 1,50x,000 necon 2004 Aug-04 Ship Collision Port Afeches, TX 1,200,000 Oct-04 Crude Oil Pipeline Spill La Marque, TX 1,060,000 Dec-64 Sktip Collision Philadelphia, PA 1,100,000 2005 Mar-fl5 Refinery Fxglosfon Texas City, TX 2,004,0D0 Apr•05 Chemical Warehouse Fire Houston, TX 1,200,000 Sept-45 Storage Tank Failure (20,000 Chalmette, lA 10,000,0D0 bbls) 2006 Apr-06 Storage Wank Failure Carpus Christi, TX 1,000,000 May-06 Storage Tank Failure Lake Charles, LA 1,200,D0D &4 i i S.'f Training Garner specializes in four areas of training: Oii Spill, HazMat, Rescue and EMS, All classes are (aught to the highest quality and meet all OSHA, NFPA and other federally mandated standards. Training cEasses are tailored to each client's needs and address client-specific work policies. The following is a list of cou rses offered by Garner: ~ ail? Hour Hazardous Waste Operations ~ 4a Hour Industrial Fre Fighting Advanced ~ 24 Hour Emergency Response ~ ~ 4(} Hour interior Structural Fire Fighting ~ 8 Haur HAZ-MAT Refresher ~ 4D Hour Fire Team Leader '~ Gonfined Space Rescue ~ 24 Hour Endustriai fire fighting Basic ~ Confined Specs Refresher ~ 8 Hour ]ndustrial Fire Fighting Refresher ~ incident Command ~ Hazard Communications ~ Bloodborne Pathogens ~ Oil Spill Response ~ Hazardous Material Transportation ~ LockoutfTagout ~ Containment Boom Deployment ~ Respiratory Protection ~ Frst Aid and GPR ~ Personal Protective Equipment . ~ Site Specific Training ~ Benzene Awareness ~ H2S ASSE Certification ~ Hydrogen Sulfide Awareness ~ RCRA Personnel Training ~ Lead Awareness '~ CSlE~IlIVlS ~ Eye & Face Protection 6.2 Equipxnan# Safes Garner presents complete environmental solutions to its clients. Ofi`ering quality equipment and products at a reasonable cost further ensures that the client's needs are met. WeiE versed in the advantages and limitations of the industry's products, Garner inventories the following items: . `, ~~ ~ Sorbent Material ~ OPA 90 Spill Kits ~ Overpack Drums ~ Containment Boom ~ Response Trailers ~ Boom Reels ~ Skimmers ~ Wastewater Equipment ~ Temporary Storage Tanks ~ ^ispersant Systems Garner experience and services meats or exceeds the needs and expectations of our clients around the country and around the world. These are Just a few reasons why in the emergency response arena Garner is considered "The Emergency response Company". ~. 85 J /~ `. J O U 9.0 Additional [n#vlrmativln 9.0 Small Business SuF~cdn#ractiing Plan Garner I;nviranmental Services, Inc. is a fully accredited and certified prafesslonal emergency response firm headquartered near Houston, Texas. We have, in our history of response, attempted to enact our Disaster Response Division and Corporate philosophy in utilizing as many local and indigenous State of Texas firms as possible. We recognize the importance of the Governor's Initiative involving the active engagement afi i3M8E certified firrrts and have actively sought 6o courk the involvement of such firms far the current bid. Having been in professianaE private sector response for over 25 years as a company, and over 2t) years as an individual, this type of courtship must be able to support the aperadonal response and recovery goals of the state or locality in which Garner and the state are engaged. Lacaf firms are, and must be, engaged with a clear vision and goat of supporting the recovery ofi a community adversely affected 6y natural or human induced catastrophe. Every effort will be made to find other qualified minority vendors and local service providers who can support file operational concept of positively affecting the outcomes for the victims. Garner is in ful! support of the use of Minoriky and Small i?isadvantaged Business Enterprises and the pre-identification of these enterprises providing they can positively affect the outcome for the victims of a given disaster. fn support of the devastating back to back hurricane seasons of 2004 - 20x5, as well as in support of our other core business service lines, Garner has used a Texas Woman owned business enterprise, Sun Coast Resources, as the major provider of fuel and. emergency fuel support services. While I acknowledge the lack of registration with DMBE, it further serves to illustrate the Garner commitment to the use of VIIBE who in turn can clearly support the mission of a response which is to positively affect the outcome of an event far the victims. Garner will also seek to have those qualified firms with whom we are currently doing business pursue fully their DMBE certification. 9.1 ~ Equal Employment Opportunity Prugrarn Equal Ernployrnent ~ppartunlty Gamer >=nviranmental Services, Inc. provides equal employment opportunity with regard #o race, color, sex, religion, national origin, age, or disability. Garner adheres to a!l applicable federal and state laws, rules, guidelines and regulations and provides equal employment opportunity in all employment and employee relations. In addition to the above pregnancy, childbirth or related medico! wnditian, sickle cell trait and use or non-use of tobacco products outside the workplace are protected classes fn Louisiana. Pregnancy, childbirth and related medical conditions are protected classes in Texas. Affiirmative Action aad iEq~ral Employment Gamer is an equal opportunity emplayer_ To Assure full implementation of this equal :, ,~ employment policy, Garner seeks to assure that: $7 a} Persons are recruited, hired, assigned and promoted with out regard to race, religion, color, national origin, citizenship, sex, veteran status, age, marital status, disability or any other frotected personal characteristics; and b) ~5imilarly, all other personnel actions, such as compensation, benefits, transfers, layoffs, and recall from layoffs, access to training, education tuition assistance and social recreation programs are administered with out regard to race, religion, color, veteran status, national origin, citizen ship, sex, age, marital status, disalaifify, or other protected personal characteristics. Garner has appointed the Director of the Human Resources Department to take on the responsibility of the c:ampany EEO coordinator. The 1=E0 coordinator will be responsible #or the day-to-day implementation and monitoring of our Affirmative Action Plan in conjunction with the President. As part of that responsibility, the EEO coordinator wiN periodically analyze the Company's personnel actions and their effects to ensure compliance with our equal employment policy. Employees may discuss equal employment opportunity related questions or questions about these guidelines with Lynn Garner, the President of GarnerEnvironmentai Services, lne., as vsreli as with the Human Resources Department of Gamer Environmental Services, Inc. ATTN: Human Resources F2epresentative or Human Resources Director, 1717 West 13'" Street, Dear Park, Texas 77536, (281} 93D-9200, Fax: X281} 479-0283 The I~resident request the continued assistance and support of all of Garner Environmental Services, int.'s personnel to attain Garner Environmenfa! Services, int.'s objet#ive of equal employment opportunity for ail Americans with disabilities Act .~ Garner provides equal employment opportunities to otherwise qualified individuals with disabilities, which may include providing reasonable accommodations where appropriate. It is the employee's responsibility to notify the Human Resources bepartment of the need for and accommadafion. Upon doing so, the employee may be asked for input ar the type of accommodation believed by the employee to be necessary, ar the functional (imitation caused bye the employee's disability. Also, when appropriate, Garner may need the employee's permission to obtain additional fro the employee's physician ar other medical or rehabilitation professionals. Aids iin the Warlc Place Garner does not discriminate against any employee on the grounds that {s) he has AIDS, have tested positive for HIV or AIDS related complex, ar has been suspected or perceived of having RIDS. Such discrimination Is not permitted in hiring, firing, promoting, demoting, transferring, job assigning, compensation or any other employment-related decision. In the event an AIDSOaffiicted employee becomes disabled as a result of hislher disease, (s) he will be treated consistently with the company benefits policies. Lift Threatening Illnesses Employees occasionally develop serious or life threatening illnesses. When necessary and where required by law, Garner may provide reasonable accommodation to otherwise qualified individuals with disabilities, including employees with serious or life threatening i[Inesses. All employees, including employees with serious or life threatening illnesses, must ~ maintain acceptable performances standards. ~.. 8B 1 An employee's medico[ information is confdential. Disclosure of employee medical information is restricted to limited situations where a manager or supervisor has ajob-related reason to know it. ~mplayees wi~a disclose employee medicai information with out proper authorization will be subject to disciplinary action, up to and including discharge. 9.2 Garner Envir~nmertf:alf Serviice~s, Irec. ISO 9~0'~~2001 CerEified Since '1992 Garner has maintained the iS0 9Q~1-20b1 certification. Through commitment to quality and continuous improvement, Garner Environmental Services, inc. is committed to providing its customers +r~rith quality environmental services that are safe, effective and regulatory compliant. tSO Background iS0 (International Organization fear Standardization} is the world's largest developer of standards. Although ISO's principal activity is the development of technical standards, lS0 standards also have important economic and social repercussions. ISO standards make a positive difference, not just to engineers and manufacturers for whom they solve basic problems in production and distribution, but t4 society as a whole. The International Standards which 1S0 develops are very useful. They are useful to industrial and business organizations of all types, to governments and other regulatory bodies, to trade officials, to conformity assessment professionals, to suppliers and customers of products and services in bath public and private sectors, and, ultimately, to people in general in their roles as consumers and end users. ISO sfiandards contribute to making the developmenk, manufacturing and supply of products and services more efficient, safer and cleaner. They make trade between countries easier and -~ fairer. They provide governments with a technical base for health, safety and enviranmenta! legislation. They aid in transferring technology to developing countries. lS0 standards also serve to safeguard consumers, and users in general, of products and services - as wail as to make their lives simpler. l ~ .._~ 89 _..._.._...___...____. _~- ----~--- - ~-r._-------~---~--._._.._._...._. . i c~ O O i 1Q~Q QertifiC~tte of lnlsurance C.~ A~~RD~, GERTIFI~AT~ (]~ LIAf31Lf PRCUUCLR 30NN L. WDRTHAM ~ S01Z, L.P. ~.o, aox Tae's 1-lOU3TOtJ, TE7CA8 77259-i3e8 271.77-be6 bA~ - &dca~o Ikt<ursy4 C3ARJaER ENVIRONMENTAL SI=F?VIGES, INC. ATTN: NfRS'606ai& K R18NER '}777 W. i37H. &11i~ET D7:6R PARK, 'FX 77536 rY INSIIftAl~~l °~J~~m' THIS CERTIitIGATE 151$9UED A9 A IVIATTFR dF 1NPQRIWATIDN ONLY ANR CONPIHRS Hp 1'tIz~NTB UPON TND CSR7IPICATE HOLDER. THlB CBRTIPICRTS DOES NOT A116END, 6)CTENU DR ALTfRTl99~ CbV8RAd1r AFFORDED BY THE poL1GIE=8 BALOW. INSUR8R3 AFFgftAlNs3 CoVERAQf` tNa° AAf ZiMCF Amerlrsn MaWenoe camFBnY N 5fesdfaallnswa~wsComPz^Y 1tiBU91ER q[9 R9: {NBURfi ~ (~ti W?6RATR LIMFT$ SHOVfH p~AY 1lRN5 BaEii RIdpUCP~ 8Y 1'Rnl 19R 7y HOP~NBURANC~ POLE IIIIMBi A 4SFIBtUitLlA9naiiY GLOZBS312709 / C RWpl.OENRIW-LIRELLRY CLNhte! MM8 ©CCGUR A ~ BlLY LN9141YY ANY AVTQ y,~rnvNeOnvfOS stNmuLeo wttro8 f17R2F7 AVlOS3 / HpR.pYlIIEO AUi68 AN4 AUta g ExaHei uA9iln'1.' SE'D289972908 OPr11R ^ (a.AfMB MA°H nenucrasLe _ ~! ' BiiNnok ! 74.600 A cM~R~tlksdun NAHa wczeOa~ISe°s o4J21r2oa7 ~ {l4lzinooa WPfH67AH°7NUAH' 7 OR MAY PERTAIN, POL{GR98. 0412912047 44f29/244a Do~Aa~Nm81N6LetJ11R i 9,000.400 IK+•xla~ny e~4 ww ) ~ i (v p n ' ~Op LY IFIitR[Y ~ {PK~WM~$ PROPERTY ONFJwr i {Pw~oe3d~ni) RllTO ONLY.-l~.AACCR7ETif i EA ACG ~ NC~r e i ~~ vro o A 9M2008 04Y aAOlcoccURw¢xca i 9,000,4051 a47Z172407 2 ..,..»~».-.. a 9.be0,000 0412U2008 pEC299522t08 cLMS MADE rxEYRO 0472112007 44121/2008 59,040.000>=0.cF} IXA1M 8 ~cON ~Rq(Yi'oRS PaLLU710N il,opb,000 TOTALALLCWM5 g0.TE4Y27193• LV+eILl7'f ' OS~GR4PYbNdM dPCRAiibNSlLOCKii91~lVEHIFLEA70)[CLUAfOHRAOCC.C 8Y Ctt40}l@s:]A6N17gPICIALPRCYIRI°N6 AUT01+9D8[1:~ PHYSICAL QAN,AGE APPLIES QN SPECIFIC VEIi1CL~CS~$9000 DERUCTJ6LE COMPRI=FIEN511/E $ COLLISIOnt. Bt.ANKETADDiTIONAL INSUii~D {5 APPLICABLE UNdERAi..L POLiCILS EXCEPT IM1~OR7(ERS COMPENSATION AN4 CONTRACTORS pOLLUTIDN WHEN REQUIRED aY INRITTEFLCON7RACT. BLANKETADQITIONALIN3LIREDUIanEItSECTIo116APPL3E370POLFCYPEC2e33?2409CgN7RACTDRsPOLLUTION WNE1J t~Eiti7iRE0 6Y WRITTEN CONTRACT. sLANKET WAIVER OF SUBRO(3.4T70N IS APPLICABLE UNDER ALL PCLLCiES WHFhI REQL11REf18Y 1NRiTTEN GDt}TRAC7. poop x%~il0oDD704'a.~~X ~a ~morx~ ,0[~1i1000G~04t~>~~~Itl[x]OIiOCOOM~rkId1IX 70~x 1301%KaU/~tY10<X10000~004~Cn0[ •. r_~ "AAABTER" _ 1 2&B {7197] 9486 n 0 J C~ 11=0 Finan~ia[ State~rne~nts 2t~05-2Qi~G ~~ Garner ~nvironmentaE Services, inc. I;lnencial StafemenEs and Independent Auditors' Report fog' the years wt$ed September 30, 2E}Ob and 2005 C~ `.. 9^i J / . ~~azek ~t~etterling LLP C~RTIFISB PU9LtC ACC01714TAN75 liulde}~endeut Auditors' Itcport To the Board of Directors of {iarner~nvirorlrnentai Setc~ees, lxtc.: We have audited the accompanying balance sheets of ©arner ~nvironntental Services, trio. as of September 30, 24x6 and 2tN13 and the related siaterilen#s of income and retained earnings, and of cash flows for llie years then ended. These financial sia#ernettts are the respansibility of the managelnetlt of Garner Envixonmental Services, lnc. Oar resftonsibility is to express an opiniant an these financial statements based pn our audits. We conducted our audits iu aecordaraee with audi#izlg standards generally accepted in the United States of Arrlerica. These standards rewire that we plan and perform our audits to obtain reasonable assurance about whether the $nancia! statements era free of material ' misstatement. ,,4u audit includes examining, on a test basis,.evideltce supparling the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significanE esFimates made by management, as well as evaluating the overall financial statement preaentaiion. We believe that our audits provide a reasonable basis for our opinion. C. ~ In aw opinion, the financial statements referred to shave present fairly, in ail material respects, the financial position of Garner Envirolxutental Services, lnc. as o£ September 3Q 2QQ6 and ' 2005 and its results of operations and its cash flows for the years then ended in conformity with accountingprinciples generaU.yaccepted in the United States af.4raerlca. ~~~ February 4, 2Uf17 2901) ~estayan, 5utte 200 Houston, Tcza~ 77027.5132 1713) 439-5757 Fax 17131 439.5758 r 92 l.~ ASSETS \. J i Gsxner Enviiro~atnebtat ServE~ess,inc. B heels of be 30 2466 2 Gitnent assets: Cash $ 5,347,747 $ 2,573,474 Accounts receivable, net ofallovxanae o~ $432,$24 in2066 and $426,352 in 2605 (Note 2J 11,333,702 21,896,973 Prepaid ~surance and other assets 643,933 437,56$ Dewaterin$ equipment work in process 583,007 685,190 luventory 239.b65 Is9 a7z Totaicurrcntassets 18,158,Oi4 25,752,615 Notes receivable (Note Ij 100,OD0 166,600 Investment in partnership (Nate 21 121,134 i'roperty, net (Note 3) 3.024.483 X446.372 TOTAL A55l;TS $21322.497 ~ LIABILITfES AND ST4CKfI0LDEILS' $Q(JI'TY Ctnrent liabilities: Accounts payable (Nate ZJ $ 4,516,736 $14,777,776 Accrued expenses 3,019,836 3,033,139 Federal income takes payable (Note 4} 1,770,587 1,138,074 Notes payable {Nate Sj 33166 Totalliabiliikies 9 15 20.280.fi56 $tocleholders' equity; Common stark (100,000 shaie:s autitorized and 34,Ob0 outstanding; $.10 par value) 6,006 6,400 Treasury stook ~Z,466,340) (2,465,396) Retained eaming5 14_,475.72$ 1 59 851 ?'gtal stockroiders' t~ity i2.Ot~g 8.199461, TOTAL LIABILITIES AND STOGKHt}LDSitS' EQgI'I"~ ~4 ~ 28 480.117 s acc r otes nu al st ents. -~- i 93 1 ~ Garter Envtrotz~nentat ,'~e~tces, Inc. ' en of I com d Retain r tlio end S emb 30 2006' d 2005 ~ 005 SAI.1~S: 13r,~imnmental ~ $ 30,693,278 $ Z1,S1Q,904 ' 8enfals 21,577,042 17,926,342 Product sales 3,405,043 3,309,261 Health and safety services 994,446 547,737 Transpnrtat}an services 934,235 I,0b3,S7i Waste management 82#,253 628,559 Tralnirlg 533,179 41x,667 DevVatering services 306,088 935,346 ' I~xdustriai services 220,656 563,$22 ' (lain an sale of investment in parmcrsEup (Il~ote 2) 356,072 s3tber 1~.~ Total ~~ 59,,98,5 2$ 4 40 254 1~XI'RNSPS: Cast of sales of goods and services 41,752,474 32,064,162 ~eaeral and administrative 9,793,443 7,337,159 ' Selling ex~cnses 45i 64 ..2.721.771 ~~ ~ 3`otal expenses S4 4 91 42,123.092 INCOMESI~1~(}1~PROVISTONFOAXNCOMBTAXFS 4,986,084 4,786,167 PR4VISICN FOA INCOMI; TAXI:,S (Nate a) 170 4 1 7 352 Nom' II~I~MS 3,815,877 2,958,815 Retained earnings, beginning ofyea~r 1~b5. 9,853_ 7b10 6 Retained earnings, end of year $14.475.728 ~ I0.659.851 ` Ses ac 1 tes to nan taT stalemenf . _3_ ~-..~ 84 i Garner EnvironmentaiServ~ces, dnc. S #e ~ ofC s the ears en ed a tetnber 9 200 2095 2406 2005 CASH FLOWS ItROIvI OPEIiATlN4 ACTIVI'L'ZES: Netinconte $ 3,815,877 ~ 2;458,815 AdjustFnents to zeconci[e net income to net cash provided by operating activities: 1}epreciation 743,602 573,962 Gain on sale of iftvestment in partnarslup (356,072) I;oss on disposal of property 7,8$6 48,119 Bad debt expense 155,494 271,284 Changes In operating assets and liabilities: Accounts receivable 10,457,777 04,357,854) Prepaid ln;suraczce and other assets {206,427] 45,32? Inventory 21,940 {531,774) ldvestments {10,248) 8,432 Accounts payable and accrued expenses {10,274,343) 3,5$6,265 Federal ineo,rte taxes payable 632,513 [,138,074 ^eferred revenue 187 500 Net cash provided by operating aetlvlties 5.037 449 3 4 31 S CASH FLOWS FRi~M INV)r,STINCi ACTIYITIlrS; Proceeds from sale of investment 487,540 Pufehascs of pmp~y [1,428,799} {1,039,77©) Proceeds from sales ofpznperty 49,200 Collecttan ofnates receivable 10.000 Net cash used by investing activities 8821149 _(1,939 770) CASK Zrt,OWS FROM FINANCINfi ACTIVI'1'IES: Proceeds frornnates payable ~ 1,SOO,U00 918},000 Repayment of Hates payable $f2. 31.567) ~ ~Q~,~j Net sash used by financing activities 1331667 1 000 Nlr'1' CI~ANGE IN CASH 2,824,233 2,263,380 Cash, beginning of year 2 73 ? 310,094 Cash, end of year 5.397.707 ~_ 2.573.474 es cnm tr es f sfal s ate nIs -4 r 95 Garner iEnvironmentat Strvieea, Tate. F' eI erne is e n 3e tern 30 200 d N©~'E ~ -- URG,~TIZATION AND SIC~I1tIF`ICAAI'i' AGCOI;IN~`INC I'DI.ICIES ' tion -Gamer Brtvltntunentsl Services, tnc. (4erner) was ]ntarpgrated in the State of Texas fn Pebzvary 1985. Garner's headquarters are located in Deer Park, Texas and it operates riots branch offrces !n Texas and IAnisia<ta. Gamer provides sntergency retlwnse seaviees and trainipg, industrial services, transpartat9an services, and equipment sales to Glients primarily within tlt~ United States. 'met -Management must make estirrxates and assumptions to prepare financial statements in accordance with generally accepted accounting principles. These estimates and assumptions affieet the reported amounts of assets and liabilities the disclosure of contingent assets and liabilities, the amounts o£reported reveiaues and expensrs, and the allocation ofexpenses among various firncfions, Actual results could vary ftbm the estimates that were used. Cash coricentr~on -Garner maintains cast: for daily operations with one banking institution. Sank deposits exceed the federally insured limit of$100,0U0 per depositor per inskitution. II w d tful --Art allowance for accounts receivable is provided when i! is Believed trey may notbe collected in fall. The amount of bad debt expense recorded each period and the resulting adequacy of the allowance at the entl of each period are deterrrilned usipg a eambination of historical loss experience and custotr~r-by-tusfomer analysis of :;cccunts receivable balances tech period, Zi is passible that management's estimate regarding the calleGtibility df these balances will change in the near term resulting in a change lrt the carrying value of aecvunts receivable. ve of consutnabie c1:emlcals and clean-up supplies is valued at the lower of t4st or market. Cost is determined under the first-in, firs#-out me#hod. Pro is recorded at cast. Buildings are depreciated on a straighk Sine basis over useful lives of 30 to 40 years. Egw[prnant, lmpravenyents, furniture and fixtures, trailers, and mll~ff boxes are depreciated an a dortble-decliniltg balance basis over estimated useful livr~ of 5 to 7 years. C3arrEer capitaizzes acquisitions, betterraenis and nor repairs with a cost of 1;1,000 or more that extend the useful life of the asset. Other repairs and maintenance are expensed. e r e ec 'lion -Revenue from services are recognized as the services are rendered. Mental revenue is recogui~ed over the life of the rental agreement. Sales and related cost of sales are recognized when the product is shipped to the customer. Jr~ame taxes -Gamer retards income taxes in accordance with lire liability melhad e£ accounting. l?eferred taxes arc recogrliz~d for the estimated fakes ultitna#eIy payable or recoverable based on enacted law. Changes la ettacted tax rates arc reflected in the tax provlsfon a4 they OGGUr. Tt~assiflcatians, -Certain rectassificatians have been made fo the prior year furancial statements to catafarat with the current presentation. ~q~ l L.... t36 NOTE 2-. p<E.f.A~`ED PAIt'f'Y TRA,NSArY~'~ON3 !tt 2004, Gamer formed a limited parptership (tlie Partnership} with the manager of one of ifs 6ranoh locations and as entity contt~lled by that manager; S>fbsequently, C#arner traasferrcd to the Partnership the ri$hfs tv certain of its bvsaness operatlans in the j]aflas, f~ori Worth, and Saa Antonio areas along with assets that had 0 net honk value of approximately $129,000. l3sr~tet also sold to the Partnership assets with a book value of $180,OOD in exchange fox a $25f},(~)0 cash payment and the assttmptiott of approximately $250,000 of its liabilities by the Partnership, t3arn~ rervrded the value of its Interest in tha Partnership at the value of the transferrcc! assets and recorded a gain of apprvxitnately $321),000 in cvnnectipn with the transaelivn. In 2006, Garner sold its investment in the partnership. C3arner's oufsfanding cvtninvn stpek is held by two indivlduajs wlto also hold aw.ttership Interests in several other eompaniea with which Gannet does business. During 2006 and.2005, ir<ventvey and other items taro]{ng $399,593 and $$SS,k55, respectively, were purchased from these companies. Sales to ouch companies totaled $26,273 and $81,925 during 2006 and 20D5, respevtiveIy. Additionally, 6439,398 and $438,bOS of acu3unts receivable at September 30, 20D6 artd 2005, $150,000 of notes zeeelvable at September 30, 200b and 2005; and $15,143 and $116,507 of accaants payable at September 30, 2006 and 2005, respectively, related fQ such companies are included in the accompanying balance sheets. NOTE 3 -- PROPER'['Y Property consssts of the following: 2.~ ?~ land ~ ~ Traostrartation ecluiptnent $ 153,800 3,b24,429 $ 153,800 3 085 453 .' Maehineryacrdequipmem 3,203,892 , , 2,817 558 Computer and electronic offrce equipment 963,1,71 , 873 417 Buildings 906,364 , 906,364 Marine equipment Roll-offboxea 715,950 b97,211 firailera dS1,703 G51,703 ' Leasehold improvements b23,307 213,521 555,356 111 814 Furniture and fi~ctures _ . 1b6.S99 , 1 S4 24~' Total property, at cyst 11,227,73b 10,006,978 Accumulated depreciation 8203 S3 7 606 Property, net ~~ 024.483 $ 2.44ti.372 NOfiE 4--1HCOME TA~CT:S The components of the provision for income taxes are as follows: ?~ 2UD5 U S. lrederal current tax provIslon $ 1,170,207 $ 1,79fi,4I8 U.S. Federal deferred tax provision 30.934 Total provision fat income taxes 1.170.207 ~ 1.827'•352 --s- :~ ~ ..J 9T V i Keconcitiation of the statutory federal income taxrate to Garnet's effective fax rate is as follows: 13.5. statutory rate 34.04/0 34.0% Foreign tax credit, net (10.5%) Gther 4 E~'eetive #ax rate 23.5% In 2b05, the I1tS completed an examhtatlan of Clamer's 2000; 2001, and 2002 tax years, As a result, Gamer received a refund of appnoximataly $525,400 pxintatily related to a pxeviously unrecogu{zed foreign tax credit from. its 2t1l10 tmt year plus interest, reduced by the net affect of disallowed costs and timing differences that erase from the ~:ca~zinatlofc, NOTE 5 -- Nt7Ji'~ SAYABLE Gari3Er has a $2,000,000 line of cz+edit with a bank. Amounts outstanding under the Tine are collateralized by accounts receivable balances, accrue Interest ai Wall Street Iovmal prime plus L%, and are due in March 20p7. At September 30, 2046, tto arnotntts were outstanding under tlris line o€ credit. At September 36, X005, $900,000 was outstanding under this tine of credit Additionally, at September 30, 2b05, (3amet had a note payable with a bank at VdaEl Street 3ouma! prime plus 2°/v. NOTE 6 - Si3PPl~ME1~1TAi, CASH Fi.OW INI~ORMAT.ION Supplemental disclosure of cash flow inforruat;on is as follows: ~ ~ 2 6 20b5 ~,._ Federal incAme taxes paid $570,198 $453;575 Interestpaid $177,035 $59,539 H[?TE 7 - CQMMITMENI~ ANb CDN~'t111G~iYCi&5 L! " ati -Gamer is the defendant in various lawsuits arising in the normal course of its operations that, in the opiniott o£ managernenE, will eat have a material adverse impact on Garner's tinai~clal statements. ,[.eases - Qarner leases cett8ia Iranspor#ation equipment, office equipment end facilities under noncance}lable operating leases. Future minimum payments under these leases areas £oolows: 2007 $ 253,188 2008 208,D82 2009 184,525 2010 57,385 Total $ 713.18{1 lease exper3se for the years ended September 30, 200b aad 2005 totaled apprpxarnately $335,000 and $291,000, respectively. -7- ~:.. ~ ~$ ~V -- ~ ~ NOT>v B--BE~~T P1:AN (#aruer lu3s a defined contribution reilrement plan cohering substantially ~[ full-tl<rie eatplayees, iJudsr the terms of the plea, employees may contribute up to l5% of their base p$y to the plan. {3amer's cvatribusions are diataetionary and are revlewest on an anneal balls. Gamcr's cvnttibuitons io the pt&n totaled $237,797~during 2f106 and $12,818 during 26U5. ._J <~:, , ~ x ~~ r . .. s,~ ~r.H .. ^~,,. „~. ^~y. -8- r 99