HomeMy WebLinkAboutC2018-370 - 7/24/2018 - Approved "91:1; 5 Ids
SERVICE AGREEMENT NO. 1496
4 Storm Debris Removal, Monitoring and Consulting
.....„...)
1822
THIS Storm Debris Removal, Monitoring and Consulting Agreement ("Agreement")
is entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Thompson Consulting Services, LLC ("Contractor"), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Storm Debris Removal, Monitoring and
Consulting in response to Request for Bid/Proposal No. 1496 ("RFB/RFP"),which RFB/RFP
includes the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, are incorporated by reference
in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in
its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Storm Debris Removal, Monitoring and Consulting
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for 24 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to two additional 24-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$871,875.00,subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
.2018-370 rd Form-Federal Funding Page 1 of 7
7/24/18 3/6/18
M2018-116
Thompson Consulting Services
SCANNED
Name: Norma Salinas
Department: Solid Waste Operations
Phone: (361) 826-1977
Email: NormaS@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance.Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
Service Agreement Standard Form-Federal Funding Page 2 of 7
Approved as to Legal Form 3/6/18
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually,is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. 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 Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
Service Agreement Standard Form-Federal Funding Page 3 of 7
Approved as to Legal Form 3/6/18
method, price, or schedule of work must be allowable, allocable,within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Norma Salinas
TTitle: Systems Support Coordinator
Address: 2525 Hygeia St., Corpus Christi, TX 78415
Phone: (361) 826-1977
Fax: (361) 826-1971
IF TO CONTRACTOR:
Thompson Consulting Services, LLC
Attn: Jon Hoyle
Title: President
Address: 1135 Townpark Avenue, Suite 2101, Lake Mary, Florida 32746
Phone: 407-792-0018
Fax: 407-878-7858
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
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Approved as to Legal Form 3/6/18
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City Manager may terminate this Agreement for
Contractor's failure to perform the work specified in this Agreement or to keep
any required insurance policies in force during the entire term of this Agreement.
The Contract Administrator must give the Contractor written notice of the breach
and set out a reasonable opportunity to cure. If the Contractor has not cured
within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
(B) Termination for Convenience.Alternatively, the City Manager may terminate
this Agreement for convenience upon 30 days advance written notice to the
Contractor. The City Manager may also terminate this Agreement upon 24 hours
written notice to the Contractor for failure to pay or provide proof of payment of
taxes as set out in this Agreement. In the event of termination for convenience,
the Contractor will be compensated for all Services performed prior to the date
of termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination,if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
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Approved as to Legal Form 3/6/18
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement.
24. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
25. Governing Law.This Agreement is subject to all federal,State, and local laws, rules,
and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such form and venue for such
disputes is the appropriate district, county, or justice court in and for Nueces
County, Texas.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
27. Federal Funding Requirements. This project is subject to requirements provided for
Federal Emergency Management Agency (FEMA) and/or other federally-funded
projects. A set of Federal Requirements has been attached as Attachment E, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. The Contractor must comply with Attachment E while
performing the Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement,such other clauses as FEMA
or its designee may by appropriate instructions require, a copy of applicable
prevailing wage decision, and a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime Contractor shall be
Service Agreement Standard Form-Federal Funding Page 6 of 7
Approved as to Legal Form 3/6/18
responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses.
CONTRACTOR
Signature: - /
i t
Printed Name: Jr n SHGy Ire,
Title: PQ S I c t q T
Date: qi 7/) �
CITY OF CORPUS CHRISTI
Signature: tl iScLL A_
Printed Name: VI t-1 43,4
Title: 11" - .. • P m..... . .. GS
Date: 1, Zs . 11
ATTEST: � �'��"-E&
FA4,t-eir-L( --' ,
REBECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
H2C-)I`E' �.I �% �.u,uv«��.•
Attachment E: Federal Requirements �....: g
IT C4IUNCIL ..
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1496 SECRETARY ,
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form-Federal Funding Page 7 of 7
Approved as to Legal Form 3/6/18
ATTACHMENT A - SCOPE OF WORK
1. General Requirements
P Background
1. The Contractor shall provide all services related to debris monitoring for all
debris management activities in accordance with the applicable Federal,
State and local regulations, as applicable, which may include the Federal
Emergency Management Agency (FEMA), Federal Highway Administration
(FHWA), Texas Department of Transportation (TxDOT), Texas Department of
Health (TDH), Natural Resources Conservation Services (NRCS), Historical
Preservation Office (SHPO), and the Texas Commission on Environmental
Quality (TCEQ) or other regulations as determined by the City.
2. It is the City's intent to have a primary Contractor manage the debris
monitoring services which include, but are not limited to, monitoring the
following - field operations regarding all storm generated debris; debris
pickup: debris hauling, debris staging and reduction, temporary debris
storage site management, debris management, and final disposal of debris
to an approved site.
3. The Contractor must have established management teams, an established
network of resources to provide the necessary equipment and personnel,
comprehensive debris monitoring service and Public Assistance Consulting
Services in major disaster recovery projects.
4. The contract will be activated only in the face of an emergency at the
discretion of the City. As such, no compensation will accrue to the Contractor
unless and until the contract is activated either in anticipation of a natural or
man-made disaster or immediately after such disaster.
5. The contract is for a two-year term with two additional two-year options and
recertification of Contractor capabilities every two years.
6. The Contractor shall be required to participate in annual City-directed
disaster recovery training and/or exercises at no cost to the City. Contractor
shall provide a training to project approach, which includes tasks in each of
the phases: initiation, mobilization, execution, and closeout. Annual disaster
training shall be conducted each year on the month of May.
2. Scope of Work
A Debris monitoring documentation is critical to verify that debris operations meet
all FEMA Public Assistance policies and guidelines, costs are reasonable,
quantification of the debris is accurate, and the tracking of the debris to its final
location is recorded and in compliance with all regulatory requirements.
Contractor may be utilized to monitor and document non-declared events as
well.
RFP Template 09.13.17 Page 16 of 37
B. The City requires Contractor to understand FEMA Public Assistance policies and
guidelines, including eligibility issues and specifically those relating to debris.
C. Contractor shall handle the monitoring of debris removal for all types and sizes
of disasters. This can include a localized event where there is one type of debris,
a significant event that includes a Catastrophic Event where the entire City is
affected and there are multiple types of debris that will need to be removed.
D. Monitoring debris removal work involves constant observation of crews to ensure
that workers are performing eligible work in accordance with FEMA Public
Assistance guidelines and all applicable Federal, State and local regulations.
Failure to properly monitor and document debris removal operations may
jeopardize FEMA Public Assistance. The City reserves the right to withhold
payment for improperly performed services pending a review of pertinent
documentation and actions.
E Contractor shall provide a wide range of services including, but not limited to
the following:
• Damage assessment
• Training
• Emergency planning
• Infrastructure restoration
• Communication with FEMA, FHWA (Federal Highway Administration), State
of Texas and other State and Federal Agencies
• Coordinate with State Insurance representatives
• Reimbursement services
F. Contractor must be prepared to deploy debris monitoring within twenty-four (24)
hours from the notice to proceed. When additional debris monitoring is needed
to meet the requirements of the monitoring contract, proposer shall be prepared
to increase the number of debris monitors for the City.
3. Work Site and Conditions
A. The Contractor shall be responsible for monitoring debris and waste removal and
disposal operations performed by the Debris Management provider relative to:
• City streets, roads and right-of-way's
• Streets, roads and right-of-way's of all municipalities and communities,
incorporated and unincorporated, and rural areas within the City, unless
otherwise directed by the City
• Canals, waterways, and right-of-way's of all municipalities and communities,
incorporated and unincorporated, and rural areas within the City, unless
RFP Template 09.13.17 Page 17 of 37
otherwise directed by the City
• Public property and facilities
• Any other public site as may be directed by the City
• Private property when necessary to protect the public (life safety) or to
facilitate completion of required work, provided that entry onto private
property is specifically authorized by the Solid Waste Director
a Debris monitoring considerations and responsibilities may vary depending on the
type of debris being removed and may include:
• Vegetative debris
• Hazardous waste
• Household hazardous waste
• Electronic waste
• White goods
• Soil, mud, and sand
• Vehicles and vessels
• Animal carcasses or other fleshy organic matter
• Infectious waste
• Chemical, biological, radiological and nuclear-contaminated debris
• Construction and demolition (C&D) debris
C. The Contractor shall be responsible for overseeing all operations at the TDSRS
sites, making sure that all local, state, and federal regulations are followed. All
safety precautions are to be taken into account and followed as well.
D. Contractor shall utilize drones to capture images of exiting debris in the City's
Right-of-Way (ROW) to effectively manage debris removal.The usage of drones
shall require to be in compliance with state and federal regulations.
4. Special Instructions
A. The Contractor shall be responsible for maintaining records, developing
worksheets and other required documentation which will be required by FEMA,
and any other applicable agency for disaster recovery efforts. This shall include,
but is not limited to, receiving a copy of all invoices from the disposal facility,
supported by scale and/or load tickets issued by the disposal facility, and proof
of payment by the Debris Management firm to the disposal facility.
B. The Contractor shall be responsible for verifying that only eligible debris is
removed from initial sites, then transported to Temporary Debris Staging and
Reduction (TDSRS) sites where all debris is to be appropriately segregated and
processed, reduced and then loaded appropriately (and not artificially - e.g.
RFP Template 09.13.17 Page 18 of 37
debris is wetted, fluffed or not compacted), and finally transported to the
disposal facility for weighting and receiving. Verification that hazardous wastes
have not been mixed into loads will be required. Contract shall be responsible
for ensuring each load can be claimed based on established criteria, and mark
load tickets ineligible if they do not meet FEMA Public Assistance policies and
guidelines. Contract shall also possess the ability to estimate in cubic yards (CY)
debris to be removed for the disposal facility, and assist in measuring the debris
in all debris hauling trucks and trailers, if needed.
5. Exhibits
• Exhibit A - Debris Management Zones
• Exhibit B - Location of Temporary Debris Staging and Reduction Site (TDRS)
• Exhibit C - Clearing Priorities
• Exhibit D - Debris Classification
RFP Template 09.13.17 Page 19 of 37
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RFP Template 09.13.17 Page 23 of 37
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RFP Template 09.13.17 Page 24 of 37
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RFP Template 09.13.17 Page 25 of 37
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RFP Template 09.13.17 Page 26 of 37
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RFP Template 09.13.17 Page 27 of 37
EXHIBIT B
Location of Temporary Debris Staging and Reduction (TDSR) Sites
Debris storage and reduction sites will be identified and evaluated by Solid Waste
Operation staff that is familiar with the area.
Temporary debris collection sites should be readily accessible by recovery equipment and
should not require extensive preparation or coordination for use. Collection sites will be on
public property when feasible to facilitate the implementation of the mission and mitigate
against any potential liability requirements.Activation of sites will be under the control of the
Director Solid Waste Operations, and will be coordinated with other recovery efforts.
The following is a list of current temporary holding sites:
J. C. Elliott Transfer Station, 7001 Ayers St.
Cefe Valenzuela Landfill, 2397 County Road 20, Robstown,Texas
Westside Landfill Closed,3702 Carbon Plant Rd. (Joe Fulton Highway&Hems Ferry Rd.area)
RFP Template 09.13.17 Page 28 of 37
EXHIBIT C
"Clearing Priorities"
The debris removal process must be initiated promptly and conducted in an orderly,
effective manner in order to protect public health and safety following a major or
catastrophic event. To achieve this objective, the first priority will be to clear debris from
key roads in order to provide access for emergency vehicles and resources into the
impacted area. Key roads in The City of Corpus Christi are identified as follows:
Corpus Christi Police Department Locations:
Corona Sub 4510 Corona Dr.
Flour Bluff Sub 1456 Waldron Rd
New Annaville Sub 1925 Tuloso Rd
Old Annaville Sub 4100 Allison Rd
Saratoga Sub (Gang Unit) 2230 Saratoga
Corpus Christi Fire Stations:
Station 1 -514 Belden St
Station 2- 13421 Up River Rd
Station 3- 1401 Morgan Ave
Station 4-2338 Rodd Field Rd.
Station 5-3312 Leopard St.
Station 6- 6713 Weber Rd.
Station 7- 3722 S. Staples St.
Station 8- 4645 Kostoryz Rd.
Station 9 - 501 Navigation Blvd.
Station 10- 1550 Home Rd.
Station 11 -910 Airline Rd.
Station 12- 2120 Rand Morgan Rd.
Station 13- 1802 Waldron Rd.
Station 14- 5901 S. Staples.St.
Station 15- 14202 Commodores Dr.
Station 17-6869 Yorktown Blvd
Station 18-6226 Ayers
Corpus Christi International Airport- 1000 International Dr.
RFP Template 09.13.17 Page 29 of 37
Corpus Christi Hospitals:
Christus Spohn Memorial 2606 Hospital Blvd
Christus Spohn Shoreline 600 Elizabeth St.Christus Spohn South 5950 Saratoga Blvd.
CCMC Bay Area 7101 SPID
CCMC Doctors Regional 3315 South Alameda St.
Driscoll Children's Hospital 3533 South Alameda
Public Facilities:
City Hall 1201 Leopard St.
City Service Center 5352 Ayers St.
County Courthouse 901 Leopard St.
ON Stevens Water Plant 13101 Up River Rd
Wastewater/Sewage Treatment Facilities:
Greenwood Wastewater Treatment Plant 6541 Greenwood Dr.
Oso Wastewater Treatment Plant 501 Nile Dr.
Allison Wastewater Treatment Plant 4101 Allison Dr.
Broadway Wastewater Treatment Plant 1402 W. Broadway
Laguna Madre Wastewater Treatment Plant 201 Jester St.
Whitecap Wastewater Treatment Plant 13409 Whitecap Blvd.
Other Facilities so designated by the Director of Solid Waste Operations or the Contract
Management Center (CMC).
RFP Template 09.13.17 Page 30 of 37
EXHIBIT D
DEBRIS CLASSIFICATION
To facilitate the debris management process, debris will be segregated by type. It is
recommended that the categories of debris established for recovery operations will be
standardized. The City will adopt the categories established for recovery operations by
the U.S. Army Corps of Engineers. Debris removed will consist of two broad categories;
clean wood debris and construction and demolition debris. Most common hurricane-
generated debris will consist of 30% clean woody material and 70% construction and
demolition (C&D). Of the 70% mixed C&D it is estimated 42%will be burnable but require
sorting, 5%will be soil, 15%will be metals, and 38% landfill.
Definition of classifications of debris are as follows:
Burnable Materials:
Burnable materials will be of two types with separate burn locations:
A. Burnable Debris: Burnable debris includes, but is not limited to, damaged and disturbed
trees; bushes and shrubs; broken, partially broken and severed tree limbs; and bushes.
Burnable debris consists predominately of trees and vegetation. Burnable debris does not
include garbage or construction and demolition material debris.
B. Burnable Construction Debris: Burnable construction and demolition debris consists of non-
creosote structural timber, wood products, and other materials designated by the
coordinating agency representative.
Non-burnable Debris:
Non-burnable construction and demolition debris includes, but is not limited to, creosote
timber, plastic, glass, rubber and metal products, sheet rock, roofing shingles, carpet,
tires, and other materials as may be designated by the coordinating agency. Garbage
will be considered non-burnable debris.
RFP Template 09.13.17 Page 31 of 37
ATTACHMENT B -BID/PRICING SCHEDULE
CITY OF CORPUS CHRISTI RFP 1496
PURCHASING DIVISION STORM DEBRIS REMOVAL MONITORING
BUYER:JOHN ELIZONDO AND CONSULTING
Thompson Consuling
Services, LLC
Lake Mary, FL
ESTIMATED HOURLY TOTAL
ITEM DESCRIPTION HOURS RATE PRICES
Debris Monitoring Prgram Hourly Rates
1 Field Project Manager 1000 $85.00 $85,000.00
2 Field Supervisor 2100 $49.00 $102,900.00
3 Project Coordinator 1300 $16.50 $21,450.00
4 Disposal Site Monitor 1800 $30.00 $54,000.00
5 Data Manager 1300 $55.00 $71,500.00
6 Billing/Invoice Analyst 100 $45.00 $4,500.00
7 GIS Analyst 5 $55.00 $275.00
8 Operations Manager 200 $80.00 $16,000.00
9 Collection Monitor 13500 $36.00 $486,000.00
10 Drones to Capture Images of ROW 5 $250.00 $1,250.00
FEMA Public Assistance Consulting Services Hourly Rates
11 Supervising Consultant 100 $125.00 $12,500.00
12 Administrative Assistant 1000 $16.50 $16,500.00
13 Other Consultant/Monitoring Positions 250 _ $0.00 $0.00
GRAND TOTAL $871,875.00
Note: Totals listed above are based on unit pricing.
ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS
LIABILITY INSURANCE
1. Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager
or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so obtained.
2. Contractor must furnish to the Risk Manager and Contract Administrator, one
(1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an
additional insured for the General Liability and Auto Liability policies, and a
waiver of subrogation Is required on all applicable policies. Endorsements must
be provided with Certificate of Insurance. Project name and/or number must
be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, Per occurrence - aggregate
material change or termination
required on all certificates and
policies.
Commercial General Liability $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises-Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising
Injury
AUTOMOBILE LIABILITY (INCLUDING) $1,000,000 Combined Single Limit
1. Owned
2. Hired & Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory and complies with Part II of •
Exhibit
RFP Template 09.13.17
Page 1 of 3
(All States Endorsement if
Company is not
domiciled in Texas)
Employer's Liability $500,000 / $500,000/ $500,000
3. In the event of accidents of any kind related to this project, Contractor must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
Additional Requirements -
1. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred
by the Contractor will be promptly met. An All States endorsement shall be
required if Contractor is not domiciled in the State of Texas.
2. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies authorized
and admitted to do business in the State of Texas and with an A.M. Best's rating
of no less than A- VII.
3. Contractor shall be required to submit replacement Certificate of Insurance to
City at the address provided below within ten days of any change made by
the Contractor or as requested by the City. Contractor shall pay any costs
incurred resulting from said changes. All notices under this Article shall be given
to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy.
RFP Template 09.13.17
Page 2 of 3
• Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
• Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any
cancellation, non-renewal, material change or termination in coverage
and not less than ten calendar days advance written notice for
nonpayment of premium.
5. Within five calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2018 Insurance Requirements
Purchasing
Debris Removal Monitoring and Consulting
Services 01/22/2018 sw Risk Management
Valid Through 12/31/2018
BOND REQUIREMENTS: No bond requirements necessary for this service
agreement; Section 5. (B) is null for this Service Agreement.
Page 3 of 3
ATTACHMENT D-WARRANTY REQUIREMENTS
Section 8. Warranty of this service agreement is null; warranty is not required.
Page 1 of 1
ATTACHMENT E - FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Section No. Title
FR-F01 Access to Records
FR-F02 Breach of Contract
FR-F03 Byrd Anti-Lobbying Amendment
FR-F04 Clean Air Act and the Federal Water Pollution Control Act
FR-F05 Compliance with Federal Law, Regulations, and Executive Orders
FR-F06 Contract Work hours and Safety Standards Act
FR-F07 Copeland "Anti-Kickback"Act (Construction Only)
FR-F08 Davis-Bacon Act (Construction Only)
FR-F09 Debarment and Suspension
FR-F10 DHS Seal, Logo and Flags
FR-F11 Equal Employment Opportunity (Construction Only)
FR-F12 No Obligation by Federal Government
FR-F13 Procurement of Recovered Materials
FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts
FR F15 Right to Inventions Made Under Contract or Agreement (Not for Public
Assistance Contracts)
END OF TABLE OF CONTENTS
FEDERAL REQUIREMENTS: FR-F01
ACCESS TO RECORDS
Access to Records. The following access to records requirements apply to this contract:
(1) The Contractor agrees to provide the City, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
Reference: DHS Standard Terms and Conditions, v 7.1, p. 1 (2017)
FEDERAL REQUIREMENTS: FR-F02
BREACH OF CONTRACT
Any violation or breach of terms of this Contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this Contract or such other
action that may be necessary to enforce the rights of the parties of this agreement.
City will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the
Contract. City reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the City elects to terminate the Contract. The City's
notice will identify a specific date by which the Contractor must correct the breach. City
may proceed with termination of the Contract if the Contractor fails to correct the breach
by deadline indicated in the City's notice.
The duties and obligations imposed by the Contract documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II(A)
FEDERAL REQUIREMENTS: FR-F03
BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
Reference: 31 U.S.C. § 1352 (as amended)
FEDERAL REQUIREMENTS: FR-F04
CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
A. Clean Air Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401
et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
B. Federal Water Pollution Control Act.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. §1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FEMA.
Reference: 2 CFR § 200, Appendix III(G)
FEDERAL REQUIREMENTS: FR-F05
COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the
contract only. The Contractor will comply will all applicable federal law, regulations,
executive orders, FEMA policies, procedures, and directives.
Reference: FEMA requirement
FEDERAL REQUIREMENTS: FR-F0G
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(1)of this section, in the sum of$10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages.The City shall upon its own
action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such contract or
any other Federal contract with the same prime Contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1)through (4) of this section.
Reference: 29 CFR § 5.5(b)
FEDERAL REQUIREMENTS: FR-F07
COPELAND "ANTI-KICKBACK" ACT
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F08
DAVIS - BACON REQUIREMENTS
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F09
DEBARMENT AND SUSPENSION
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R. pt.3000,
subpart C and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by(insert name of
subrecipient). If it is later determined that the Contractor did not comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies
available to (name of state agency serving as recipient and name of subrecipient),
the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C,F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout
the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Reference: 2 CFR part 180, 2 CFR part 3000
FEDERAL REQUIREMENTS: FR-F10
DHS SEAL, LOGO AND FLAGS
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of OHS agency officials without specific FEMA pre-approval.
Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017)
FEDERAL REQUIREMENTS: FR-F11
EQUAL EMPLOYMENT OPPORTUNITY
NOT APPLICABLE TO THIS CONTRACT
FEDERAL REQUIREMENTS: FR-F12
NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any
matter resulting from the contract.
Reference: FEMA requirement
FEDERAL REQUIREMENTS: FR-F13
PROCUREMENT OF RECOVERED MATERIALS
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless
the product cannot be acquired
(i) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
Reference: 2 CFR §200.322 and 40 CFR part 247
FEDERAL REQUIREMENTS: FR-F14
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED
ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
False Claims and Statements) applies to the Contractor's actions pertaining to this
contract.
Reference: 31 U.S.C. Chap. 38
FEDERAL REQUIREMENTS: FR-F15
RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT
NOT APPLICABLE TO THIS CONTRACT