Ordinance No. 10,143f
ORDINANCE NO. 10,143
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A RENEWAL OF THE AGREEMENT FOR
DISASTER RECOVERY SERVICES WITH DRC, INC., FOR POST- DISASTER
RECOVERY SERVICES RELATED TO ELIMINATION OF HAZARDS, OPENING
OF ROADWAYS, AND DISPOSAL OF DEBRIS ON AN AGREED PRICE BASIS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Renewal of the Agreement for
Disaster Recovery Services with DRC, Inc., for post- disaster recovery services related to elimination of
hazards, opening of roadways, and disposal of debris on an agreed price basis. A copy of said renewal is
attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to DRC, Inc.,
in accordance with the renewal.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in the costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,00.00) or
less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -
five percent (25 %).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 8th day of September, 2005.
CALVIN MUNDINGER, Mayor
T:
VIN KN-,a,yl , Interim City 97erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City tt rney
® RAKaren \Files \City Counci] \Ordinances\2005 \September 8 \DisasterRecoverySmices.doc
1
• Renewal of the
Agreement for Disaster Recovery Services
STATE OF TEXAS §
COUNTY OF HARRIS §
This Renewal (this "Renewal ") of the Agreement for Disaster Recovery Services dated
October 8, 2001, is made by and between the City of Baytown, Texas, and DRC, Inc., on the date
hereinafter last specified.
WITNESSETH:
WHEREAS, on or about the 8`h day of November, 1998, the City of Baytown (the "City ")
and DRC, Inc. ( "DRC ") entered into an Agreement for Disaster Recovery Services, the term of
which expired on the 31" day of December, 2002 (the "Agreement "); and
WHEREAS, while the Agreement provided that the parties could renew the contract on an
annual basis, the parties did not so renew; and
WHEREAS, DRC and the City, however, now desire to renew under the same terms and
F' conditions, except as modified herein, for an initial term of three years with three one -year renewal
options.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in
this Renewal shall have the same meanings as in the Agreement.
II.
The City and DRC agree to renew the Agreement, which is attached hereto as Exhibit "A"
and incorporated herein for all intents and purposes under the same terms and conditions, except as
stated hereinbelow.
III.
The City and DRC agree that, unless sooner terminated, this Renewal shall be effective on
® the date signed by the City Manager and shall remain in full force thereafter for a period of three
years. The parties further understand and agree that after the three -year renewal period, the
Renewal, Page 1 MIT A
Agreement may be extended under the same terms and conditions for three additional one-year
periods at the option of the City. Each such extension must be evidenced in writing.
IV.
The scope of services and pricing therefor during the renewal and each extension shall be the
same as adopted by the City of Galveston on or about June 2, 2005, which scope of services and
pricing are described in Exhibit"B," and is attached hereto and incorporated herein for all intents
and purposes. As such, Attachments 1 and 2 of the Agreement are hereby repealed and any
reference in the Agreement to Attachment 1 and/or 2 shall be understood to mean and refer to
Exhibit "B."
V.
The provisions of this Renewal and the provisions of the Agreement should be read together
and construed as one agreement provided that,in the event of any conflict or inconsistency between
the provisions of this Renewal and the provisions of the Agreement,the provisions of this Renewal
shall control.
IN WITNESS WHEREOF,the parties hereto have executed this Renewal in multiple copies,
each of which shall be dee m..1,-to be an original, but all of which shall constitute but one and the
same agreement,this the !• ay of September, 2005,the date of execution by the City Manager.
CITY OF B• TOWN
•
4 /
GARY JA 7 ON, City Manager
ATTEST:
LVIN K , Interim ity Clerk
APPROVED AS TO FORM:
'454
NACIO RAMIREZ, S , ity Attorney
Renewal,Page 2
DRC,,INC.
By:,--elkejYttiL_
Printed C
Name: r) YV\ n ifyx 141)S
TitleDI t 2 jV�eA.4
STATE OF TEXAS § Q r�
§
COUNTY OF HARRIS §
BEFORE ME, ( JLJ/a, itrAho 176 u i iar- the undersigned notary public,
on this day personally appeared �D ,u,ds ,the Inc.,4p,,,i, �......4,p DRC,
/known to me
proved to me on the oath of
through his/her current {description of
identification card or other document issued by the federal government or any state
government that contains the photograph and signature of the acknowledging
person}
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that
he executed that instrument for the purposes and considerationfer therein expressed.
Given under my hand and seal of office this edgy of Septem 2005.
�P"Y °G SYLVIA ANN AGUILAR
0Nota Pu is in an for he State of
a - a: Notary Public,State of Texas Texas
•
M
e„/.. My Commission Expires 10.25.2005 ^
My commission expires: it- 5" a _
R:\Karen\Files\Contracts\Disaster Recovery Services Contract\RenewalofDRC.doc
Renewal,Page 3
•
AGREEMENT FOR DISASTER RECOVERY SERVICES
THIS AGREEMENT made and entered into this day of Qc-A:0L:>e Y- , 2001, by and
between City of _Baytown (hereinafter referred to as "City") and DRC, Inc. hereinafter referred
to as "CONTRACTOR."
WHEREAS, City is located in the State of Texas and, as such may experience massive
destruction wrought by the impact of a hurricane landfall, violent storms, spawning tornados as
well as other natural and/or manmade disasters ( "Events "); and
WHEREAS, it is foreseen that it may be necessary to provide for debris management and
disaster recovery technical assistance to appointed and elected officials of the City, resulting
from these Events; and
NOW, THEREFORE, CONTRACTOR, for and in consideration of the sum ONE HUNDRED
AND N01100 DOLLARS ($100.00), and for other good and valuable consideration
acknowledged by the parties, agrees to perform debris management and disaster recovery
technical assistance upon the City's request under the following terms and conditions:
SCOPE OF SERVICES ONE — DAMAGE SURVEY
Within 24 hours after notification of an emergency as declared by the Mayor, CONTRACTOR
shall prepare and provide to the City a damage survey report as well as detailed cost estimates
for debris management and technical recovery assistance.
SCOPE OF SERVICES TWO -- DEBRIS MANAGEMENT
It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all
hazards to life and property resulting from an Event relating to an emergency as declared by the
Mayor. Clean up, demolition and removal will be limited to (1) that which is determined-to
eliminate immediate threats to life, public health, and safety; (2) that which has been determined
to eliminate immediate threats of significant damage to improved public or private property, and;
(3) that which is considered essential to ensure economic recovery of the affected community to
the benefit of the community -at- large. Specifically the Scope of Services will include the items
listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding
heading.
SCOPE OF SERVICES THREE — TECHNICAL DISASTER RECOVERY ASSISTANCE
It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical
assistance to appointed and elected officials of the City. This service shall include Program
Management Assistance. Specifically the Scope of Services will include the items listed in
Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading.
E %gIBIT h
Page I
. The CONTRACTOR shall provide the City with an annual eight (8) hour training course to City
staff on emergency preparedness and recovery as 'it relates to Technical Disaster Recovery
Assistance.
SERVICES AND FACILITIES
It is understood that, except as otherwise specifically stated in this Agreement and Attachments
to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment,
transportation, supervision, and all other services and facilities of any nature whatsoever
necessary to execute, complete and deliver the services within the time specified in the Notice -
To- Proceed as agreed upon by both parties.
PERMITS AND LICENSES
Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be
secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement.
The CONTRACTOR shall not be held responsible to secure permits and/or licenses which the
requirements for same have or will be waived due to a declaration of an emergency or disaster.
SUPERVISION BY CONTRACTOR
The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely
responsible for the means, methods, techniques, sequences, safety program and procedures. The
CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall
have full authority to act on behalf of the CONTRACTOR and all communications given to the
supervisor by the City's Authorized Representative shall be as binding as if given to the
CONTRACTOR.
The name(s) of the supervisor(s) will be supplied to the City for each issuance of a Notice to
Proceed through an attachment to this Agreement in the form of a Memorandum for the Record.
CHANGES IN SERVICES
The City may at any time, as the need arises, order changes within the scope of services without
invalidating this Agreement. All changes affecting the project's costs or modifications of the
terms or conditions of this Agreement shall be authorized by means of an official written
Contract Change Order that is mutually agreed upon and signed by the City and the
CONTRACTOR. All changes must be recorded on a written Contract Change Order before
CONTRACTOR may proceed with the changes to the Services provided.
TERM OF AGREEMENT
The term of this Agreement shall commence on September 13, 2001, and end on December 31,
• 2002.
Page 2
• RENEWAL OF AGREEMENT
This Agreement may be renewable on an annual basis after a concurrence of both parties on any
negotiated changes to the terms and specifications contained in this Agreement.
TERIMINATION
Either party upon 90 days' written notice to the other party may terminate this Agreement
without cause; provided that the CONTRACTOR may not terminate without cause if an
emergency has been declared by the Mayor at any time during the 90 -day notice period.
Additionally, should the CONTRACTOR breach any provision of this Agreement, the City may
terminate this Agreement for cause by giving written notice to the Contractor. Termination for
cause shall be effective immediately upon receipt of the termination notice by the
CONTRACTOR.
INSURANCE
Throughout the term of this Agreement, the CONTRACTOR at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of persons
or damages to property which may arise out of or result from the CONTRACTOR's operations
and/or performance of services under this Agreement, whether such operations and/or
performance be by the CONTRACTOR, its agents, representatives, volunteers, employees or
subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
The CONTRACTOR's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self - insurance maintained by the City, its
officials, agents and employees shall be considered in excess of the CONTRACTOR's insurance
and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as
additional insureds under its commercial general liability policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage for subcontractors shall be
subject to all of the requirements stated herein.
CONTRACTOR shall maintain at all times during this Agreement the following minimum
insurance limits:
1. Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
9 Coverage for "Any Auto."
2. Worker's Compensation: Statutory Limits of the State of Texas
Employer's Liability: $500,000
➢ Waiver of Subrogation Required.
® 3. Commercial General Liability (CGL)
General Aggregate: $2,000,000
Page 3
Owners & Contractors Protective Liability: $500,000
Products & Completed Operations Aggregate: $1,000,000
Personal & Advertising Injury: $1,000,000.
Per Occurrence: $1,000,000
Coverage shall be at least as broad as ISO CG 00 01 10 93
No coverage shall be excluded from standard policy without notification of individual
exclusions being attached for review and acceptance.
4. Additional Liability Umbrella: $5,000,000
Prior to any work being performed on the site and no later than 10 days after the effective date of
any term of this Agreement, CONTRACTOR shall provide City valid Certificates of Insurance
and endorsements acceptable to the City evidencing such coverage.
Such Certificates contain a provision which provide that coverage afforded under the policies
will not be canceled, suspended, voided, changed or reduced until at least thirty (30) days' prior
written notice has been given to the City via certified mail, return receipt requested. New
certificates of insurance are to be provided to the City at least fifteen (15) days prior to coverage
renewals. Receipt of Certificates or other documentation of insurance or policies or copies of
policies by the City or by any of its representatives, which indicate less coverage than is
required, does not constitute a waiver of CONTRACTOR's obligation to fulfill the insurance
requirements herein. The CONTRACTOR shall also file with the City valid Certificates of
Insurance covering all Subcontractors.
The following are general requirements applicable to all policies:
i AM Best Rating of A; VII or better.
9 Insurance carriers licensed and admitted to do business in State of Texas will be accepted.
9 Liability policies will be on occurrence form.
The City, its officials and employees are to be added as Additional Insured to liability
policies.
i Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative.
BONDS
The CONTRACTOR will furnish, within 10 days of receipt of a Notice to Proceed, a
performance and payment bond for any and/or all Notices to Proceed. The face amount of such
bonds shall be 100% of the estimate of the work described in the notice to proceed, which
estimate shall be mutually agreed to by the CONTRACTOR and the City. The cost of said bond
premium will not be an additional cost to the City, but will be an expense borne solely by the
CONTRACTOR.
Page 4
• WARRANTY OF TITLE AND WAIVER OF LIEN
•
The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other
encumbrance under the laws of the State of Texas or otherwise by any person or persons
whomsoever to remain on file with the City against any money due or to become due for any
work done or materials furnished under this Agreement or by any reason or claim or demand
against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall
preclude any and all claims or demands for any payment by virtue of this Agreement.
Nonetheless, CONTRACTOR expressly understands and agrees that it must continue to
diligently perform the services required to be performed even if payments are being withheld.
LIQUIDATED DAMAGES
The CONTRACTOR and the City understand and agree that the failure to complete each work
order within the time therein specified will cause damage to the City and further agree that such
damages cannot be accurately measured and that ascertainment of the same will be difficult.
Therefore, the parties agree that for each and every calendar day that the CONTRACTOR's
services for a particular work order extends beyond the time allotted and specified in the work
order, the CONTRACTOR shall pay as compensation for the same a minimum of $500.00.
Additionally, the City may make a claim under the CONTRACTOR's public liability, property
damage insurance policy in effect. However, the foregoing agreement as to liquidated damages
constitutes only an agreement by the City and the CONTRACTOR as to the minimum amount of
damages which the City will sustain in any event by reason of the CONTRACTOR's failure to
timely perform the required services. Should the City suffer damages . over and above the
minimum amount specified, the City shall recover such additional amount. All remedies
enumerated herein shall be cumulative and the City shall not be required to elect any nor deemed
to have an election by proceeding to enforce any one remedy.
INDEMNITY
CONTRACTOR AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON,
OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE CONTRACTOR'S SERVICES, THE CONDUCT
OR MANAGEMENT OF CONTRACTOR'S BUSINESS OR ACTIVITIES, OR
FROM ANY ACT OR OMISSION BY CONTRACTOR, ITS AGENTS,
SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES,
ON OR ABOUT CITY PROPERTY, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE CITY,
ITS OFFICERS, AGENTS AND /OR EMPLOYEES AND ANY OTHER
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•
PERSON OR ENTITY OR BY THE JOINT.OR SOLE NEGLIGENCE OF THE
CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO
INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF
THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR
DAMAGE AND FROM THE CONSEQUENCES OF THE CONTRACTOR'S
NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE OR
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR
DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT, AND LIABILITY WHERE THE
INJURY, DEATH, OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY
OF THE ABOVE, CONTRACTOR FURTHER AGREES AND COVENANTS
TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY.
The indemnity herein provided will survive the expiration or termination of this Agreement.
COMPLIANCE WITH APPLICABLE LAWS.
The CONTRACTOR agrees that in the performance of its undertakings and obligations under
this Agreement, the CONTRACTOR will strictly observe and abide by all rules, regulations and
laws of the United States of America, the State of Texas and the City of Baytown, as they now
exist or may hereinafter be enacted or amended.
TIME OF THE ESSENCE.
Both the CONTRACTOR and the City acknowledge that time is of the essence in this
Agreement.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto that the CONTRACTOR is an
independent contractor in relation to the City of Baytown. Nothing herein contained shall be
construed to effect an agreement of partnership or joint venture or render any party hereto the
employer of any other party and/or its employees, agents, or representatives. All necessary
operating personnel shall be deemed employees of the CONTRACTOR.
Page 6
0
SUBCONTRACTING
The CONTRACTOR shall be fully responsible to City for the acts and omissions for its
subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is
for the acts and omissions of persons employed by it.
The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the services and give the CONTRACTOR the same powers regarding terminating any
subcontract that the City may exercise over the CONTRACTOR under any provisions of this
Agreement.
Nothing contained in this Agreement shall create any contractual relationship between any
subcontractor and the City. The CONTRACTOR shall supply the names and addresses of
subcontractors and materials suppliers when requested to do so by the City upon activation of
this Agreement and updated by the CONTRACTOR to the City on a biweekly basis during said
activation.
The CONTRACTOR shall not use a subcontractor or material supplier whom the City has an
objection to, and shall make all reasonable attempts to subcontract with local firms currently
doing business within the City.
OBLIGATIONS
The City shall furnish all information and documents necessary for the commencement of
services, to include valid written Notices to Proceed. The City shall also provide field inspectors
of a sufficient quantity, as defined by City with input from the CONTRACTOR, to facilitate
qualitative and quantitative documentation of the services.
The City hereby designates the City Manager or his/her designee as its official representative
with full power to represent the City as the Primary Point of Contact in all dealings with
CONTRACTOR in connection with this Agreement. The _City, upon issuance of a Notice to
Proceed, will provide CONTRACTOR with a list of Official Representatives as designated by
the City Manager.
NO THIRD PARTY BENEFICIARIES.
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the CONTRACTOR and the City only.
ASSIGNMENT
The CONTRACTOR may not sell or assign all or part interest in this Agreement without the
prior express written approval of the City Manager of such sale or assignment. The City may
® require any records or financial statements necessary in its opinion to ensure such sale or
assignment will be in the best interest of the City.
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•
NOTICE
Unless otherwise provided in this Agreement, any notice, communication, request, reply or
advice (herein severally and collectively for convenience, called "Notice ") herein provided or
permitted to be given, made or accepted byl any party to the other must be in writing and may be
given or served by depositing the same In the United States mail, postpaid and registered or
certified and addressed to the party to be notified, with return receipt requested, or by delivering
in person or via facsimile the same to an officer of such party, or by prepaid telegram, when
appropriate, addressed to the party to be notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in
this Agreement, from and after the expiration of three (3) days after it is so deposited.
Notice given in any other manner shall be e
notified. However, in the event of service
will delay remedial action pending the rece
address of the parties shall, until changed as
If to the City, to
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522 -0424
Fax: (281) 420 -6586
If to the CONTRACTOR, to
DRC, Inc.
Attn: President
740 Museum Drive
Mobile, Alabama 36608
Fax: (334) 343 -5554
NO WAIVER
Tective only if and when received by the party to be
interruption or hazardous conditions, neither party
pt of formal notice. For the purpose of notice, the
iereinafter provided, be as follows:
The failure of any party hereto to insist, in ahy one or more instances, upon performance of any
of the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or
relinquishment of the future performance off any such terms, covenants or conditions by any
other party hereto, but the obligation of such other party with respect to such future performance
shall continue in full force and effect.
SEVERABILITY
• The provisions of this Agreement are severable, and if any provision or part of this Agreement or
its application thereto to any person or circumstance shall ever be held by any court of competent
Page 8
• jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and
the application of such provisions or part of this Agreement to other persons or circumstances
shall not be affected thereby.
CONSTRUCTION OF AGREEMENT
The parties agree that this Agreement shall not be construed in favor of or against any party on
the basis that the party did or did not author this Agreement.
CAPTIONS
The captions appearing at the first of each numbered section in this Agreement are inserted and
included solely for convenience and shall never be considered or given any effect in construing
this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities
of the respective parties hereto or in ascertaining intent, if any question of intent should arise.
AUTHORITY
The officers executing this Agreement on behalf of the parties hereby represents that such
officers have full authority to execute this Agreement and to bind the party he /she represents.
ENTIRE AGREEMENT
This Agreement and Attachments referred to herein, contain the entire Agreement of the parties,
and there are no other binding promises or conditions in any other Agreement whether oral or
written.
INCORPORATED ATTACHMENTS
This Agreement includes the following attachments and such attachments are attached hereto and
made a part hereof for all intents and purposes:
Attachment "1 ": Agreement for Disaster Recovery Services — Attachment 1
Attachment "2 ": Agreement for Disaster Recovery Services — Attachment 2
Attachment "3 ": Agreement for Disaster Recovery Services — Attachment 3
Attachment "4 ": Agreement for Disaster Recovery Services — FEMA forms
MODIFICATION
Except as otherwise provided herein, this Agreement shall be subject to change or modification
only with the mutual written consent of the parties hereto.
JURISDICTION/VENUE
® The laws of the State of Texas shall govern this Agreement. Venue of this Agreement shall be in
Harris County.
Page 9
• AGREEMENT READ
The parties acknowledge that they have read, understand and intend to be bound by the terms
and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies,
each of which shall be an original.
ON BEHALF OF:
City of Baytown
By:
MONTE MERCER, City Manager
Date: 0c:,66er c2 )-Qti 1
ATTEST:
'C" Z , LC
GiRY W. SN�ITH, City Clerk
ON BEHALF OF:
DRC, nc. _1
By:
Title; �-• t I,/A f�
ATTEST:
Printed Name
Se 0, C V�a.rl
Title
STATE OF Ted §
OrjL0Qas §
COUNTY OF AA+W46 §
Before me, ra"Ithe undersigned nota public, on this day
® personally appeared qar 4 in his4wwcapacity as of DRC,
INC. At A)
Page 10
•' A<�Own to me
proved to me on the oath of or
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(❑ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2001.
My commission expires:
•
cMh275 \Contracts\Disaster Recovery Services Contra ct\ Agreemen14Disas ter RecoveryServices082401Clean
Page 11
•
AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment I
The following is a listing of services and/or tasks to be provided by CONTRACTOR to
City upon receipt by CONTRACTOR of a Notice to Proceed:
SCOPE OF SERVICES ONE —
DEBRIS REMOVAL
Emergency Road Clearance
The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from
the primary transportation routes to the public right -of -way as identified by and directed
by the City. This operational aspect of the scope of services shall be for the first 72 hours
after an Event or until all streets and roads have been cleared. Once this task is
accomplished, the following tasks will begin as required.
Debris Removal from Public Rights -of -way
As identified by and directed by the City, the CONTRACTOR shall accomplish the
demolition, pick -up, loading and hauling of all eligible debris to the designated
Temporary Debris Staging and Reduction Sites as designated by the City (TDSRS's)
from public property and rights -of -way, and shall maintain debris work sites to
appropriate use standards, safety standards, and regulatory requirements.
Demolition of Structures, Debris Removal from Private Property
(Rights -of -Entry Program) and Publicly Owned Property (other than
Rights -of -Way)
Should an imminent threat to life, safety and health to the general public be present on
private property, the CONTRACTOR shall conduct demolition and/or removal of debris
from private property as identified by and directed by the City. Upon receipt of the
completed right of entry form, hold harmless agreement, and execution of the non -
duplication of benefits agreement from the City, which forms and agreements are
attached hereto as Attachment 4, the CONTRACTOR shall also demolish those
structures, as identified by the City. The CONTRACTOR may, at the City's direction,
place all debris collected through this process in the right -of -way, where the above scope
of services (Debris Removal from Public Property) shall commence. The City feels that
it is in the best interest of the health and safety of its citizens to provide this service. The
CONTRACTOR shall maintain debris work sites to use standards, safety standards, and
regulatory requirements acceptable to the City.
Pagel of 5
• Hazardous Stumps (Removal, Back -fill, Haul)
As identified and directed by the City, the CONTRACTOR shall remove all hazardous
stumps, as identified by the City, and haul each stump to a TDSRS. Each stump shall be
inspected by the City and the CONTRACTOR inspector and documented as to the
appropriate category of size for invoicing (see Attachment 2 for size categories and
prices). The CONTRACTOR shall back -fill each stump hole with compatible material as
determined by the City.
Temporary Debris Staging and Reduction Sites (TDSRS)
The CONTRACTOR will prepare and maintain TDSRS's to accept and process all event
debris. Any site preparation, to include but not limited to, any site work and materials
necessary to build and maintain roads for ingress and egress, or any roads throughout the
site, the construction of a roofed inspection tower sufficient for a minimum of three (3)
inspectors; any environmental requirements to include but not limited to, wind -born
debris control fencing, silt fencing or water retention berms; the construction of an area
for an office trailer and parking; and any other items necessary for site operations and
management shall be negotiated upon issuance of a Notice to Proceed.
The inspection of every load, in and out, is further defined in the documentation section
below. All debris will be processed in accordance with all local, state and federal rules,
standards and regulations. Processing may include, but it is not limited to, reduction by
tub grinding, incineration when approved, or other alternate methods of reduction, such
as compaction. Prior to reduction, all debris will be segregated between vegetative
debris, construction and demolition debris (C &D), recyclable debris, white goods and
hazardous wastes. All reduced debris as well as non - reducible debris, will be disposed of
at a location(s) agreed to by both parties. The City shall maintain ownership as the
responsible party for all debris under this Agreement.
TDSRS Site Reclamation
Site reclamation shall be accomplished in accordance with all Federal, State and Local
laws, standards and regulations. Site reclamation shall be accomplished in accordance
with the CONTRACTOR's Debris Removal Operations Plan and Environmental
Protection Plan if such plan is approved by the City for each specific emergency. The
TDSRS will be restored to its Pre -Use Condition. Associated costs for site reclamation
shall be negotiated and agreed upon in writing by both parties.
Disaster Event Generated Hazardous Wastes Abatement
The CONTRACTOR shall abate all hazardous waste identified by the City in accordance
with all applicable Federal, State and Local laws, standards and regulations to include but
® not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100 -199. Hazardous
Materials/Waste will constitute actual and/or potential hazardous materials as defined by
the Resource Conservation and Recovery Act (RCRA), the Comprehensive Emergency
Page 2 of 5
. Response, Compensation and Liability Act (CERCLA) as well as the Superfund
Amendments and Reauthorization Act (SARA) Title III. The CONTRACTOR shall
arrange through DRC Environmental, Inc. for the management, handling and disposal of
all hazardous materials /waste encountered in accordance with applicable laws and the
CONTRACTOR'S Debris Removal Operations Plan and Environmental Protection
Plan. Prices for this Service included in this Agreement as Attachment 4.
r:
Documentation and Inspections
All storm debris shall be subject to inspection by the City or any Public Authority in
accordance with generally accepted standards to insure compliance with the contract and
applicable local, state and Federal laws. The CONTRACTOR will, at all times, provide
the City access to all work sites and disposal areas. In addition, authorized
representatives and agents of any participating Federal or state agency shall be permitted
to inspect all work and materials. The CONTRACTOR and the City will have in place at
the TDSRS's, personnel to verify the contents and cubic yards of the vehicles entering
the TDSRS's. Records will be maintained of every vehicle entering the TDSRS, its cubic
yardage and verification that the vehicle leaving the TDSRS is in fact empty. The
CONTRACTOR and the City will monitor the material to determine that it in fact
consists of eligible debris. The CONTRACTOR and the City will have in place at the
pick up site, personnel to verify the contents, location, date and time of the vehicles
departing for the TDSRS. Prior to use the CONTRACTOR and the City will establish
and record the certified cubic yard capacity and will perform a safety inspection of each
haul truck. The CONTRACTOR will include and provide disposal tickets,. field
inspection reports, and other data sufficient to provide substantiation for Federal (FEMA,
etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the City in
preparation of Federal (FEMA) and State reports for any potential reimbursement
through the training of City employees and the review of documentation prior to
submittal. The CONTRACTOR will work closely with the City and other applicable
State and Federal Agencies to insure that eligible debris collection and data documenting
same appropriately addresses concerns of the likely reimbursement agencies.
Priority of Work Areas
The City will establish the priority of and shall approve the work areas in advance, which
the CONTRACTOR will be allowed to work. Daily and/or weekly scheduled meetings
will be held to determine approved work areas. The CONTRACTOR shall remove all
eligible debris and leave the site from which the eligible debris was removed in a clean
and neat condition with the understanding that there will be certain debris that is not
picked up by equipment, machinery and general laborers used by the CONTRACTOR.
Determination of when a site is in a clean and neat condition will be at the reasonable
judgment of the City.
Page 3 of 5
� 0 Working Hours
All activity associated with gathering and loading of eligible debris shall be performed
during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be
allowed during visible daylight hours only between dawn and dusk unless agreed upon
otherwise in writing by both parties. The CONTRACTOR may work during these hours
seven (7) days per week including holidays. It is understood between the parties that at
the TDSRS's, debris processing operations may take place twenty -four (24) hours, seven
(7) days per week if the CONTRACTOR deems it necessary and safe and it is approved
in writing by the CITY. CONTRACTOR shall be responsible for obtaining sites to stage
equipment, such as trucks, while not in use.
Debris Disposal
The CONTRACTOR shall dispose of all debris, reduced debris, ash residue and other
products of the debris management process in accordance with all- applicable Federal,
State and local laws, standards and regulations. Final disposal locations will be mutually
agreed upon by the CONTRACTOR and the CITY. Information regarding the location
of final disposal shall be attached to this Agreement in the form of a Memorandum for
the Record. The CONTRACTOR and the City inspector assigned to the disposal process
shall maintain disposal records and documentation. Documentation shall be quantified in
Cubic Yards.
White Goods
The CONTRACTOR may expect to encounter white goods available for disposal. White
goods will constitute household appliances such as refrigerators, freezers, stoves, washers
and dryers. The CONTRACTOR shall dispose of all white goods encountered in
accordance with applicable Federal, State and local laws.
Any white goods that may contain Freon, such as refrigerators, freezers, or air
conditioners, shall have the Freon removed by the CONTRACTOR in accordance to
applicable regulatory requirements. This service shall be invoiced at the rates included in
Attachment 4 to this Agreement.
SCOPE OF SERVICES TWO —
TECHNICAL DISASTER RECOVERY ASSISTANCE
ITEM I: PROGRAM MANAGEMENT ASSISTANCE
SEE NOTE (I)
1. PUBLIC ASSISTANCE PROGRAM
a) Damage Survey Report (DSR) or Project Worksheet
i) Official DSR/PW requests — Assist City personnel in the
t following:
a) Identification of expenditures eligible for reimbursement
b) Submission of official "request for DSR inspection"
Page 4 of 5
•
ii)
Local government representation on DSR/PW team — Train and
assist City personnel to accomplish the following:
a) Identification of eligible items for reimbursement
b) Review of DSR/PW for accurate scope of work
C) Review of DSR/PW for accurate unit costs
Ili)
Recovery process documentation — Assist City personnel in the
following:
a) Creation of recovery process documentation plan
b) Maintenance of documentation of recovery process
iv)
Force account labor vs. contract labor
a) Recommendations to government officials on need to
contract or utilize force account labor
V)
Recovery process oversight
a) Recommendation to government officials on need to
contract for project management for projects requiring
intense oversight
b) DSR/PW tracking through State and Federal process
C) Written and oral status reports to government officials
b) Documentation Support
i)
Review of records system for applicability to Federal and State
requirements
ii)
Orientation and training of Department/Division Heads on
requirements for quality and quantity of required documentation
iii)
Assist in selection of "Clerk of Records" and provide detailed
training for documentation
iv)
Review documentation for accuracy and quantity
V)
Assist in preparation of claim documentation
C) Consultation and negotiation services
i)
Recommendations to government officials on plans of action
ii)
Provide guidance to government officials on issues involving
Federal and State reimbursement
iii)
Assist City officials in negotiations with Federal and State officials
d) Other representations as may be re guested / required
NOTE (1): This is the concept of complete recovery management support where
CONTRACTOR would assist an applicant on all aspects of the recovery process.
CONTRACTOR personnel cannot assume the Sovereign Duties of the City
officials, therefore these services shall be in the form of guidance and
consultation. The level of assistance to be provided by CONTRACTOR pursuant
to this Agreement shall be based upon the magnitude of the emergency.
Page 5 of 5
• AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment 2
The following is a listing of costs for technical services and/or tasks to be provided by
CONTRACTOR to the City upon issuance to the CONTRACTOR of a Notice to
Proceed. Costs denoted by an hourly dollar amount represent an hourly rate for
personnel and/or equipment services. Costs denoted by a unit price denote the cost per
Cubic Yard or cost per Ton to provide the appropriate services of debris removal.
CONTRACTOR INVOICING
The CONTRACTOR may invoice the City not more than once each month. Thirty (30)
days after beginning work and/or providing services described in a Notice to Proceed, the
CONTRACTOR shall submit the first payment request to the City. The payment request
shall be filled out and signed by the CONTRACTOR covering the work performed
during the period covered by the payment request and supported by such data as the City
may reasonably require. The City shall, within thirty (30) working days of receiving such
payment request, finalize review of documentation and make the appropriate payment to
CONTRACTOR. CONTRACTOR will be subject to audit by Federal, state and local
agencies pursuant to this Contract.
The invoice must contain the following items as applicable to individual task orders:
COSTS FOR SCOPE OF SERVICES ONE —
DEBRIS REMOVAL
Measurement and Payment for Gathering, Pick -Up and Hauling to TDSRS;
Processing of Debris from Public Rights -of -Way; Hauling of Debris from TDSRS to
Final Disposal Site
The CONTRACTOR will not be compensated for disposing, of any material not defined
as eligible debris. The CONTRACTOR and the City will inspect each load to verify the
contents are in accordance with the accepted definition of eligible debris. If any load is
determined to contain material that does not conform to the definition of eligible debris,
the load will be ordered to be deposited at another landfill or receiving facility and no
payment will be allowed for that load, and the CONTRACTOR will not invoice the City
for such loads. For each suitable load picked up, hauled, processed, a record of the cubic
yards will be recorded by the CONTRACTOR and the City on numbered tickets supplied
by the CONTRACTOR. Copies of each load record will be available to the
CONTRACTOR and the City's designee on site. Each invoice shall contain verification
of each cubic yardage load ticket and also contain a summary sheet indicating, by day,
the individual verified load receipt and invoice amounts. The City may temporarily
0 remove any disputed amount line items in the bill from the invoice for review. Disposal
tickets disputed will be returned to the CONTRACTOR, within five (5) working days of
invoice date, for additional clarification prior to payment of those tickets. The
Page l
•
CONTRACTOR shall receive Thirteen and 25/100 Dollars ($13.25) per cubic yard, up to
a fifteen (15) mile one -way haul, for the material from public property that is gathered,
picked up, hauled to a TDSRS by the CONTRACTOR. CONTRACTOR shall receive
Eight and 25/100 Dollars ($8.25) per Cubic Yard for the processing of all debris at a
TDSRS. CONTRACTOR shall receive Eight and 75/100 Dollars ($8.75) per cubic yard
for each load hauled up to a fifteen (15) mile one -way haul, from the TDSRS to the final
disposal site as designated by the City. Disposal costs (Tipping Fees) shall be the
responsibility of the City.
Measurement and Payment for Emergency Road Clearance, Demolition of
Structures, Debris Removal from Private Property (Right of Entry Program) and
Publicly Owned Property (other than Rights -of -Way)
Measurement of these services utilizing other than an hourly rate is difficult at best and
would potentially lend itself to unnecessary disputes. Therefore, the City and the
CONTRACTOR agree that the CONTRACTOR shall invoice the City utilizing the
hourly rates listed in Attachment 3 to this Agreement. A not -to- exceed amount shall be
placed upon any specific work performed at an hourly rate at time of issuance of a
Notice -to- Proceed by the City to the CONTRACTOR as agreed upon by both parties.
The City and the CONTRACTOR shall have inspectors in the field with each work crew
to monitor, record, and sign time sheets for the actual times worked for each piece of
equipment and crew - member present at a particular work site. These signed records shall
be the basis for the CONTRACTOR's invoice to the City.
Hazardous Stumps (Removal, Back -fill, Haul to TDSRS)
The removal and hauling of hazardous stumps is a unique process requiring specialized
equipment. As such, this process requires a unique documentation and costing. Each
stump will be measured by the City and CONTRACTOR inspector assigned, three (3)
feet above normal ground level, to determine the diameter of the trunk. Once the
diameter is established, the stump will be physically numbered by the best means
available, photo documented by the contractor and recorded by the inspectors on a
specific record provided by the CONTRACTOR.
The CONTRACTOR shall invoice the City for hazardous stump removal and hauling to
the TDSRS utilizing the following categories:
Up to but less 6 inch diameter -
6 inch diameter and up, but less than 12 inches -
12 inch diameter and up, but less than 24 inches -
24 inch diameter and up, but less than 48 inches -
Equal to or greater than 48 inch diameter -
Page 2
$ 250.00 per stump
$ 500.00 per stump
$1,000.00 per stump
$1,500.00 per stump
$2,000.00 per stump
• The CONTRACTOR shall invoice the City Ten and 00 /100 Dollars ($10.00) per cubic
yard for acquiring, hauling and placing clean back -fill material in holes left by hazardous
stumps.
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COSTS FOR SCOPE OF SERVICES TWO -
TECHNICAL DISASTER RECOVERY ASSISTANCE
ITEM I: PROGRAM MANAGEMENT ASSISTANCE
All costs associated with this service are included in the costs listed above. There will be
no additional cost for this service.
Page 3
AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment 3
Measurement and Payment for Emergency Road Clearance, Demolition of
Structures, Debris Removal from Private Property (Right -of Entry Program) and
Publicly Owned Property (other than Rights -of -Way)
Hourly rates to be applied to Services as referenced in Attachment 2 of this Agreement.
E ui ment Description
30 Ton or lar er Crane
Unit
Hour
Unit Price
$170.00
50' Bucket Truck
Hour
$140.00
Track -Hoes — John Deere 690 orequivalent
Hour
$120.00
Wheel- Loader 644 ore uivalent
Hour
$120.00
D -6 Dozers ore uivalent
Hour
$120.00
John Deere 544 orequivalent
Hour
$110.00
Equipment Trans orts
Service Truck
Hour
Hour
$90.00
$65.00
Bobcat Loader
Hour
$60.00
Tractors with box blade
Hour
$35.00
5 Cubic Yard Dump Truck
Hour
$35.00
(The above rates include o erators.)
Personnel Description Unit Unit Price
Climber with ear
Hour
$95.00
Superintendent with Truck
Hour
$55.00
Foreman with Truck
Hour
$55.00
operator with Chainsaw
Hour
$35.00
Survey personnel with vehicle
Hour
$31.00
Traffic Control Personnel
Hour
$31.00
Inspector with vehicle
Hour
$31.00
Laborers
Hour
$26.00
•
AGREEMENT FOR DISASTER RECOVERY SERVICES
FEMA Forms
The parties understand and agree that the forms prescribed in the Agreement will be similar, as
determined by the City, to those, which are attached hereto.
Page 1 of 1
JUN -06 -2005 07:49 AM COG HUMAN RESOURCES 4097973651 P.02/07
DRC
CONTRAMPR DISA51EIRECOVERX 5FIAN-ICES.
THIS CON'T'RACT n*a arid entered into this,^ _day of ��� , 2005, by and
between City oif Galveston, Tom=, a political Subdivision of the State of Texas, •(h e
referred to as "City'l and DRC, Inc,-a South Carotin corporation. Qwreinsftcr referred to as
'•Contractor") with a principal address of 740 Museum Drive, Mobile, Alabama 36648..
WHEREAS, the City lies. on the.gulf coast of the State of Texas, and as such may experience
massive destruction wrought by the impact of hunicane landfall, violent storms, spawning
tornados as well as, other natural and/or maumadc disasters (" 13vents'l; and
WHEREAS, it is foreseen that it may. be necessary to provide for debris management and/or
disaster recovery. technical assistance to appointed and elected officials of the City, resulting
from these Events; and
WHEREAS, the City. Contract describes in detail the tiaLure and extegt of the disaster debris
rcawval and disposal services (collectively, the 'Services'; and
WHEREAS, the City Contract was competitively bid and provide pricing for the Services in
accordance with the specific unit prices (the, "City Unit Prices'; and
WHEREAS, the City wishes to engage the Contractor to provide tha Services in accordancd
with the City Contracts Unit Prieea; and
WHEREAS, the Contractor has agreed to perform the Services for the City in accordance with
the terms, . pricing, and conditions of this Contract, Exhibits hereto and the City's R]~P for
Response and Recovery Services, (collectively, the "Contract Documents', including the
specific City Unit Prices set for thm6 for tho Services; and
WHEREAS, this contract shall bo valid through December 31d of.tbe 3's 'yea� from the date
heroot'after the (3) Hires -year contract period:
NOW, THEREFORE, receipt and sufficiency of whiob is hereby acknowledged;- along with the
promises and mutual covenants. and obligations herein contained,, and subject to the terms and
conditions herein atated, the parties hereto understand aril agree as follows:
• • • ,,L • 6
It is the intuit of this Contract for the Contractor.to.remove as quickly as possible all hazards to
life and property resulting from an Event, Clean up; rertmoval, hauling, demolition reduction and
disposal -will be limited to .(1) that which is determined to eliminate immediate threats to life,
public health, and safety, (2) that which has been determined to elimipato immediate threats of
significant damage to improved public or private,' property; and; (3) that which is considered
essential to ensure economic recovery of the affected -community to the benefit of the
aRC cn„b ., tar >xs"tM Ru � sue. sees
JUN -06 -2005 07 :49 AM OGG HUMAN RESOURCES 4097973851 P.03/07
cammunity-at- large. SpecWwXy the Scope of Services and pricing are listed in Attachment 1 of
this Contract.
SCOPE OF SERyj O TEMICAL DISA§TER BACOMERY ASSISTANCE
It is the intent of this Contract for the Contractor to provide disaster recovery txhnical assistance
to appointed and elected of'iciala of the City. This service shall include Program Management
Assistance.
It is understood that, except as otherwise specifically stated in this Contract and Attachments to
this Contract, the Contractor shall provide and pay for all-labor, tools, equipment, transportation,
supervision, and all other services and facilities of any nature whatsoe�rer necessary to execute,
complete arid deliver the savicesvithin the timo 'specified in .the Notico-To- Proceed as agreed
upon by:both parties.
The Contractor-will-supervise and direct all Services, The Contractor is solely respowible for the
means, methods' techniques, sequences, safety .program and procedures. The Contractor will
employ 'and maintain on the work sits a qualified.supervisor(a) who shall have full authority. to. .
act: on behalf of the Contractor and al[ communications' given to the supervisor by the City's
Authorized Representative shall be as binding as if given to the Contractor.
T lie name(s) of the supervisoi{s) will be. supplied to the' City for each issuance of a Notice -to-
Proceed through an attachment to this. Contract in the form of a Memorandum for the Record.
The City may at any time, as the need arises, order changcs within the gcope of services without
invalidating this Contract. All changes'affecting the project's costa or Wodifications of-the terms
or .conditions of this Contract shall be -authorized - by means of an official written -Contract
Change Order that is mutually aeoed upon and sighed by -the City and the Contraotor. All
i changes must be recorded on a written Contract .Change Order before Contractor may proceed
with the changes to the Services provided
4�sl�?I.f� �!
Contractor shall name the City as additional insured on Contractors' insurance poticies.
Contractor shall maintain the following insurance limits:
DkC Contract for Disuta Raovcy Sc il= 2003
2
0
JUN-06-2006 07:50 AM COG HUMAN RESOURCES 4097973651 P.04/07
Worker's Compensation - Statutory Limits-of the State of Texas;
General Liability- Qn.e Million 130113r9 ($1.000,000.00) any single occurrence;
Additional Liability Umbrella - Three Million Dollars ($3,000,000.00)
Contractor shall provide the City a Certificate of Insum= evidencing swh coverage.
Required insuranc6 shall be documented in certificates of insurance, which provide that the City
shall be notified at loast (30) days in advance of cancellation. non- renawal; or adverse change.
New cerdficatcs.,of insurance 'are'to be provided to the City at least fifteen (15) days prior to
coverage renewals. Receipt of certificates or other doeumcntation of insurance policies and/or
copies of policies by the.City, and/or by any of.its representatives, which indicate 1.699 coverage
than is required, does not constitute a waiver of Contractors obligation to fWfW the insurance
requirements h==
:.N.T_T-5, I • . -M A _ na ,., _ • 1'
The* Contractor shall not at any time suffer -or permit any lien, avachmcnt, or any other
encumbrance under the laws of the State of Texas, *or otherwise by any person or persons
whomsoever to remain on file with the City against any money due or to become glue for any
work done or materials fwmished under this Contract or by any reason or claim or danaud
against Contractor. Such lien, -attachment; or encumbrance, until it is removed, shall procludc any
and all claims or demands for any payment by virtue of this Contract.
The Contractor shall be fuUy responsible to the City for the acts and omissions for its
subcontractors /service providen and of persons directly or indirectly employed by them, as the
Contractor is for the acts and omissions of persons employed by-it .
no Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
service? and give the Contractor the game powers regarding terminating any subcontract and/or
scrricc provider contract that the City may mcrciso over the Contractor under any provisions of
thia Contract.
Nothing contained in this Contract shall create any contractual rolationsWp between, any
subcontraztor and/or a crvicc-providcr.and the City. -The Contractor sh ll supply the names and
addresses of subcontractors and/or service provider and materials suppliers when requested to do
so by the City upon activation of this Contract.
The Contractor shall make all reasonable attempts to subcontract with 1pcal firms currently doing
business within the communiiy. :
it. DRC Contract for Disaster Recovery Services 200S
3
JUN -06 -2005 07:50 AM COG HUMAN RESOURCES .. . 4097973651 .. . P. 06/07
The City shall fim"b all information and documents necessary for the commencement of
services, to include valid written Notices to Proceed, before any work is performed. The City
shall also provide field inspectors of a sui icicat quantity, as defined by'Conawtor,'.to facilitate
qualitative and quantitative documentation of the wrviace. If required, the City shall provide and
Contract with the Contractor for Temporary Debris Management Sites 4nd'if necessary will pay
the Contractor a mutually agreed price for any site preparation a� restoration.
The City hereby designates the City Manager or his/her designee as its official- representative
with f ffl power to represent the City.. as the` Priu�tary Point of Contact in all dealings with
Contractor in connection with this Cotrtractr The City, upon issuance of a Notice to Proceed, will
provide Contractor with a list of Ofl9cial Representatives as dcsiguated by the City Manager.
The'Contractor shall invoice the City weekly or bi- weekly for work performed. Payment shall be
made 14 days after acceptance of invoice.
Payment of Contractor by City is riot contingent upon the City being reimbursed by the Federal
Emergency Maaag$ment'Agency. Payment to'Contractor will be made-for any work directed by
the City, regardless of any work, which is determined, by Federal and State agencies to be
ineligible for reimbursement. AIl' Daily Production Tickets will be reconciled between the
Contractor and the City within.46 Hours of Isetience, and the daily reepnciliation report will be
signed by the City representative within 24 hours; otherwise payment will be made based on the
signed daily tickets. .
ety I.W _ + , ' y
This Contract. and Attachments referred to herein, contain the entire Contract of the parties, and
there are no other binding promises or conditions in any other Contract whather oral or written.
I"F,MNMCATION
To the extent permitted by law, the Government age to protect, dcf¢nd, indemnify, and hold
harmless DRC, Inc, its employees and representatives, from any and all claims and liabilities for
i which DRC. Inc, its employees and representatives. can or may be held Diable as a result of injury
(including death) to persons or damage to property occurring by reason of any.acts or omissions
of the Goyernm.ant, its employees, or agents, arising out of or connected with this Agreement.
DRC, Inc ig ees to protect, defend, indemnify, and hold harmless Govemrnent..its employees
and representatives, from any and all alaima and liabilities for which Government, its employees
and representatives, can or may be held liable as a result of injury (including death) to Persons or
DRC Canes *w nb.sav R=ovoy Savkss 2W5
JUN -06 -2005 07:50 AM COG HUMAN.RES.OURCES 4097973651 P.06/07
damage to property occurring by reason of any gross negligence by DRC, Inc, its employees: or
agents, arising out of or connected'with this Agreement.
Any notice, demand, communication, or request required or permitted hereunder 'hall bo in
writing and dclivcred in person or sent by ccr"e. d mail, postage prepaid As follows:
As to Government City Manager
City of Galveston
823 Rosenberg St
P.O. Box 779
Galveston, Texas 77553
As to DRC, Inc DRC, Inc
740 Muac;um Drive
Mobile: AL 36608
Notices shall be effective when received at -the.-addresses as specified above. Changes in the
respective addr=sw to which .such notice is to bo directed may be made from'time to time by
either party .by written notice -to the. other party. Facsimile taansmission is acceptable notice
effective when received, however. facsimile transmissions received-(i.e.; printed) -after 5A0 p.m.
or on weekends or holidays,'will be deemed received on the next buaess day. The original of
the nbtice must additionally.bo EWlod as rcquucd herein. Nothing contained in this Article shall
be construed to restrict the transmission of 'routine communications between representatives of
DRC. Inc and Government.
dLTR7SpIC'i'ION / wENiLI� .. .
The Iaws of the State of Texas shall govern this Contract. Venus of this Contract shall be in
Galveston County, Texas.
f I A
DPX Conatwtior nixuw Recovery Sayiha 2005
5 •
City of aaiyestgn
Steva LeBlanc
City Maw"
Date
JUN -06 -2006 .07:51 AM COG HUMAN RESOURCES
4097973651
ATTEST- ATTEST
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY'
. Name
Title.
•. DRC Conout for Oi.uter Recovery s«vim 1005
6.
N me
Tide
P. 07/07
r
0
W
•
SCOPE OF SERVICES AND FEE SCHEDULE
GE'NE'RAL
As required by the GOVERNMENT task order and agreed upon by Contractor, DRC, INC. will
perform the work and documentation, consisting of furnishing all labor, materials, and equipment
to accomplish the following tasks, as directed by the GOVERNNT-N T through a written task
order, in the event of a disaster that results in an emergency declaration.
Provide lruo.d for debris storage (if necessary)
o DRC, INC. will assist the GOVERNNENT in locating and providing land for use as a
temporary debris storage pnd reduction site.
o Given the multitude of e£fect7ing factors, any cost for acquisition, lease or rental of
land will be negotiated at time of need_ .
• Emergency clearance of roads and right -of way
• DRC, INC. will accomplish the cutting, tossing and/or pushing of debris from the
primary transportation routes, rights -of -way, easements, streets and roads, as
identified by and directed by the GOVERNMENT. Once this task is accomplished,
or is sufficicatly underway, the pick -up, and hauling of debris to a designated site will
begin; as required.
• Given the difficulty, almost inapossibility, in quoting a unit price for this type of
operation, the cost associated with the clearance of debris as stated above, will be
invoiced at the hourly rates attached to this section of the Agreement.
Clearing and/or removing debris from the public right -of -way, streets and roads
• As identified by and directed by the GOVERNMENT, DRC, INC. will accomplish
the, pick -up and hauling of debris to the designated Temporary Debris Staging and
Reduction Sites CMSRS) from public rights -of -way, streets and roads and shall
maintain these debris work sites to the appropriate use standards, safety standards,
and regulatory requirements.
• The cost associated with loading and bauling debris from the rights-of-way, streets
and roads to a TDSRS will be:
0-6 Miles One Way Haul:
510.72 per cubic yard
• 7-35 Miles One Way Haul:
$11.87 per cubic yard
• 16-30 Miles One Way Haul:
$13.63 per cubic yard
9 31 -60 Miles One Way Maul:
$16.88 per cubic yard
a 60-90 Miles One Way Haul:
$19.87 per cubic yard
• Mawugement and operation of debris reduction sites to accept, process, .reduce,
iacincrate
o Site selection, siting and management including appropriate ticket towers aAd
manning thereof will be $3.86 per cubic yard.
• The cost associated with accepting, processing and reducing debris through
incineration, chipping, grinding and/or compaction, will be $3.37 pet cubic yard.
• Any site preparation, to include but not limited to any site work and materials
necessary to build and maintain roads for ingress or egress, or any roads throughout
the zite;'the construction of a roofed inspection lower sufficient for a minimum of
three (3) inspectors; any environmental requirements to include but not limited to
wind -born, debris control fencing, silt fencing, or water retention berms; the
construction of an area for an office trailer and parldng; and any other items necessary
for site operations and maxaagerneot shall be negotiated upon issuance of a notice-to-
proceed.
• Dispose of disaster related debris
• The cost associated with loading and transportation to disposal of debris located at a
debris reduction site, will be as follows:
■ $5.68 CY - for each load hauled up to a 15 mile one -way haul;
■ $7.86 CY - fora 16 - 30 mile one -way haul;
■ $10.73 CY- for a 31 - 60 mile one -way haul;
■ $13.6$ CY - for a 61 - 90 mile one -way haul;
• The cost associated with landfill disposal fees will be a pass - through cost, with DRC,
INC. invoicing the GOVERNMENT at actual cost, without any additions] fees.
• Tree trimming, tree topping, tree removal (to include tre"ff program when
authorized), stump grinding, grubbing, clearing, hauling and disposal
• The cost associated with cutting, trinming and felling, will be invoiced at the hourly
rates attached to this section of the Agreement.
• As ' identified and directed by the GOVERNNONT, DRC, INC. shall remove all
hazardous stumps, as identified by the GOVERNMENT, and haul each stump to a
TDSRS. Eaa stump shall be inspected by the CrOVERNTM� and DRC, INC.
inspectors and documented as to the appropriate category of size for invoicing (see next
bullet statement for size categories and prices). DRC, INC. shall back -fill each stump
hole with compatible material as determined by the GOVERNMENT and DRC, INC..
• The cost associated with the removal of hazardous stumps will be invoiced utilizing
the following categories:
Up to but less 6 inch diameter - per cubic yard
6 inch diameter and up, but less than 12 inches - per cubic yard
12 inch diameter and up, but less than 24 incbas - per cubic yard
24 inch diameter and up, but less than 48 inches - $448.00 per stump
Equal to or greater than 48 inch diameter - S968.00 per stump
o DRC, Inc. shall place compatible fill dirt in ruts created by equipment and vehicles,
holes created by removal of hazardous stumps and other areas that pose an imminent
and siguif taut threat to public health and safety. The cost associated with this task is
$19.77 /cubic yard.
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o Stump grinding will be accomplished only when and whew it is directed and
approved by the GOVERNMENT. The industry standard for hazardous stumps has
boen addressed above. However, should a tree require removal, and the stump have
not been uprooted, then the standard is to grind the stump evert with ground level.
o The cost associated with grinding - stumps, will be invoiced at the hourly rates attached
to this section of the Agreement.
Hazardous waste recovery and remediation in flooded environments, including canals,
rivers, creeks, streams and ditches
• DRC, INC. will abate all hazardous materials and hazardous wastes identified by the
GOVERNMENT in accordance with all applicable Federal, State and Local laws,
standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311
and 49 CFR 100 -a 99; Hazardous waste abatement shall be accomplished in
accordance with DRC, INC.'s Debris Management Guide and Environmenral-
Protection Plan.
• The cost associated with hazardous materials and hazardous waste abatement, will be
invoiced at industry standard rates to be negotiated at time of need.
Removal of saudimud/dlrt/rock from roads, streets and rights -of -Way, screening debris
and returning clean sandlmud/dirt/rock to a designated axes
o DRC, INC. will screen all sand/mud/dirt/rock, as directed by the GOVERNMENT; to
remove all debris deposited by an emergency. This task includes the pick -up of
debris laden sand/mud/dirt/rock, hauling debris laden sand/mud/dirt/rock to the
processing screen located within five (5) miles of loading site,. processing the debris
laden sand/mud/dirt/rock through the screen and returning cleats sand/mud/dirt/rock to
the approximate original location or as directed by the GOVERNMENT. Debris
removed from sand/mud/dirVrock will be picked -up, hauled and processed utilizing
the scope of services located above for Debris Removal from Public Rights -of -Way_
o The cost associated with removal of sand/mud/dirt/rock from roads, streets and rights-
of-way, screening sand/mud/dirt/rock and returning clean sand/mud/dirt/rock to the
designated area, not to exceed a five (5) mile one -way haul, will be $3.75 per cubic
yard of sand picked up and hauled to the screen.
Recovery and destruction of dead rtsb, animals and livestock
o The cost associated with the recovery of dead fish, animals and livestock, will be
invoiced at the hourly rates attached to this section of the Agreement.
o The cost associated with the destruction/disposal of dead fish, animals and livestock
is will be invoiced at the rate of $12.88 per pound, up to a ten (10) mile one -way haul.
• Perform other disaster response and recovery activities as necessary, and as requested
by the contracting agency
o The GOVERWENT may at any time, as the need arises, order changes within the
scope of services without invalidating this Agreement. All services related to disaster
response and recovery shall be deemed as germane to the intent of the Agreement.
All changes affecting the project's costs or modifications of the terms or conditions of
•
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greement shall be authorized by means of an official written Contract Change
that is mutually agreed upon and signed by the GOVTIU4MENT and the
'RACTOK All changes must be recorded on a written Contract Change Order
CONTRACTOR may proceed with the changes to the Services provided..
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0
m
•
HOURLY RATES
Hourly rates to be applied to Scope of Services as referenced above. The rates below include
mobilization, de- mobllizatior4 fuel maintenance, lodging, per diem, overtime, and all other direct
costs associated with providing the scope of service.
E ui meat Descri a with Q rstor<
Ualt
Unit Price
Up to a 15 -Ton Crane
Hour
$295.00
Stump Grinder
Hour
5190.00
50' Bucket Truck
Hour
$395.00
Self-L,oading Kauckleboom Truck
Hour
$180.00
Track -Hoes - John Deere 690 or e, valent
Hour
$180.00
Excavator
Hour
5258.00
John Deere 544 •orequivalent
Hour
$135.00
Equipment Tramsports
Hour
S115.00
Service Truck
Hour
575.00
Bobcat Loader orequivalent
Hour
$75.00
Tractors with box blade
Hour
$50.00
20 Cubic Yard or Lemqmp Truck
Hour
$60.00
20-30 Cubic Yard Dump Truck
Hour
$90.00
31-60 Cubic Yazd Duna Truck
Hour
S120.00
61 -100 Cubic Yard Dapap Truck
Hour
5175.00
6 Wheel 'ArticulAting Truck
Hour
5195.00
Volvo 120E Loader
Hour
$190.00
ore valent Dozer
D-4 Dozer ui
Hour
5140.00
D-6 Dozer ore uivaleat Dozer
Hour
$375.00
D-7 Dozer orequivalent Dozer
Hour
$238.00
D-8 Dozer or equivalent Dozer
Hour
S2S8.00
4 Wheel Drive Lift for Tower
Hour
. S70.00
Light Plum
Hour
S48.00
Personnel Descrf tfon
Unit
[snit Price
Climber with gew
Hour
S115.00
Su erlatendcut with Truck
Hots
565.00
Foreman with Truck
Hour
S65.00
Safety Superintend=
Hoiv
565.00
OperAtor with Chaiusaw
Hour
$35.00
Surycy Pmomel with vehicle
Hour
S40.00
Traffic Control Personnel
Hour
S28.00
In, ector with vehicle
Holz
542.00
Laborws
Nowr I
528.00
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