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HomeMy WebLinkAboutPR 19457: DRC EMERGENCY SERVICES CONTRACT P. R. No. 19457 08/01/16 cew RESOLUTION NO. A RESOLUTION AUTHORIZING A NON-EXCLUSIVE AGREEMENT WITH DRC EMERGENCY SERVICES OF DEER PARK, TEXAS, FOR THE PROVISION OF EMERGENCY ENVIRONMENTAL, DISASTER, AND LOGISTICAL RESPONSE SERVICES IN THE EVENT OF AN EMERGENCY OR DISASTER WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a service in place for the provision of emergency environmental, disaster, and logistical response services in the event of an emergency or a disaster; and, WHEREAS, pursuant to Chapter 252 of the Texas Local Government Code, the City solicited requests for proposals to provide emergency and disaster support and management services; and, WHEREAS, five (5) companies provided proposals as delineated in Exhibit "A"; and, WHEREAS, a committee made up of City staff evaluated all of the proposals and DRC Emergency Services was ranked as the most reasonably qualified company; and, WHEREAS, the City desires to enter into a one ( 1) year agreement with DRC Emergency Services, with the option to renew for two (2) additional one- year periods, as delineated in Exhibit "B"; and, s.pr17831 WHEREAS, this agreement is non-exclusive and the City maintains the authority to retain other companies to perform similar work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is hereby authorized to enter into a non-exclusive agreement with DRC Emergency Services, in substantially the same form as attached as Exhibit "B„ Section 3 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of August, A. D. , 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : Mayor: , Councilmembers , NOES : MAYOR s.pr17831 MAYOR ATTEST: CITY SECRETARY APPROVED • S TO FORM: \i/ I Afar ./eACITY ATI ' Pr APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: FINANCE DIRECTOR (1 Ji uu PURC ASING MANAGER s.pr17831 EXHIBIT "A" s.pr17831 H CT-1 N © © 0 Z D o Cs 0 0 00 s r W W cnp fYi er,, Ln 0 L L N Fl w N or- r- rq M W H Z V.1 H o � Ww � z5 © N o o In Ln N W O - c, c, CO GC M cg J ,� p4 � O CLO W ct ct y • V cn W A F" O N O o cc N .' V C: H Z c4 `: N N O W ci ct O •G 0 of W U cn t a) _ . W irl N :.4 W o � I cc$ V C p•, Q W g O - - 0 --J- 4.1 O ct W •oa .-, cr. 0 0 © 0 0 -o -- .— E -� J C U � Q cg 0 as •. , a 0 t47.4 4:73 ct E O' C J Z E o • oX .., w P. a U H C.) EXHIBIT "B" s.pr17831 CONTRACT TO PROVIDE EMERGENCY AND DISASTER SUPPORT AND MANAGEMENT SERVICES THIS AGREEMENT. made this day of , 2016, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and DRC Emergency Services, LLC, a(n) Corporation herein after called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from September 11, 2016 to September 10, 2017. This is a one (1) year contract with the option to renew for two (2) additional one year periods. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in bid document. 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 3) Specification 4) Bid 5) Notice of Award 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in (2 copies) each of which shall be deemed an original on the date first written above. Page 1 of 2 Signed on the day of , 2016. CITY OF PORT ARTHUR BY: Brian McDougal, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2016. DRC EMERGENCY SERVICES BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: Page 2 of 2 ACTION IN LIEU OF ' A MEETING OF THE MANAGER OF DRC EMERGENCY SERVICES,LLC ' This action is taken in accordance with Section 10-12-22 of the Alabama Limited Liability Company Act, as amended (the"Act"), in lieu of a meeting of the sole Manager of DRC EMERGENCY SERVICES, LLC, an Alabama limited liability company (the "Company"), and is made effective as of January 19,2016. WHEREAS, Section 4.2 of the Company's Second Amended and Restated Operating Agreement ' dated January 20, 2016 (as amended, the "LLC Agreement") and the Act permit the Manager of the Company to take the following actions;and ' WHEREAS,the undersigned,DRC Equity LLC, constitutes the sole Manager of the Company(the "Manager"). ' NOW, THEREFORE,the undersigned hereby makes the following resolutions and consents to the following actions in lieu of a meeting of the Manager of the Company: 1. The following persons, in their respective corporate capacities indicated below, are hereby authorized and empowered for the express limited purpose of signing documents for the ' submission of bids, proposals, offers,responses apd other related documents to,any federal, state or local government, including any governmental entity, organization, body, agency, department or political subdivision,for the transaction of business by or on behalf of the Company: ' Name Office/Capacity John R. Sullivan President Kristy Fuentes Vice President of Business Development, Secretary and Treasurer 1 2. The officers listed above after giving effect to this written consent are hereby authorized and directed on behalf of the Company to execute and deliver such agreements and instruments, make such ' filings and give such notices,and take any and all such other actions,and to do or cause to be done, such acts as such officers may deem necessary or advisable to accomplish or otherwise implement the purposes of the foregoing resolutions or to cause the Company to perform its obligations under any of the ' foregoing. 3. All actions taken by any officer of the Company in connection with any of the transactions contemplated by these resolutions are hereby authorized,approved,ratified and confirmed in all respects. 4. This written consent may be executed in counterparts, and all so executed shall constitute one action notwithstanding that all of the undersigned are not signatories to the original or to the same ' counterpart. This written consent shall be filed with the minutes of the proceedings of the Manager of the Company. ' [SIGNATURE PAGE FOLLOWS] 6 i Dated effective as of the date first written above. DRC EMERGENCY SERVICES LLC By: DRC EQUITY,LLC ' a Texas limited liability company Its: Manager ' et/`—• By: John R. Sullivan ' Its: President uu i I 1 ' [Consent to Appoint Manager—DRC Emergency Services,LLC(January 2016)] DELORIS"BOBBIE"PRINCE,MAYOR 1' BRIAN MCDOUGAL KAPRINA RICHARDSON FRANK,MAYOR PRO TEM City of = CITY MANAGER COUNCIL MEMBERS: � SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON o r t rth u r MORRIS ALBRIGHT Texas VAL TIZENO STEPHEN A.MOSELY CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI CHARLOTTE MOSES April 4,2016 REQUEST FOR PROPOSAL TO PROVIDE EMERGENCY AND DISASTER SUPPORT AND MANAGEMENT SERVICES DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, May 4, 2016. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, May 4, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. MARK ENVELOPE: P16-020 DELIVERY ADDRESS: Please submit one (1) original and five (5) exact duplicate copies of your RFP to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: • Questions concerning the Request for Proposal should be directed in writing to: City of Port Arthur, TX Clifton Williams, CPPB, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsaportarthurtx.gov Questions concerning the Scope of Work should be directed in writing to: City of Port Arthur,TX John Owen,Deputy Police Chief P.O. Box 1089 Port Arthur,TX 77641 i owensAoortarthurpd.com Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed REQUEST FOR PROPOSAL (RFP) and accompanying General Instructions are for your convenience in submitting proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFP submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 19 City of Port Arthur Request for Proposals To Provide Emergency and Disaster Support and Management Services OBJECTIVE The City of Port Arthur(City) is seeking a response to the Request for Proposals (RFP) from qualified firms for services, equipment, and products that the City might utilize in the event of a man-made or naturally occurring disaster such as hazardous materials incidents, hurricanes, or other similar emergencies and disasters. The agreement or contract between the selected respondent and the City will be non-exclusive, on an as-needed basis and will not provide for a retainer. BACKGROUND 1. The City serves an area of 87.96 square miles with a population of 53,818. 2. The City is organized into fifteen (15) departments and provides a full range of municipal services to its citizens including fire and police protection, water and sanitary sewer utilities, solid waste removal and disposal, transit, the construction of streets, drainage and other infrastructure, recreational activities, library and other cultural activities. 3. Per Article II, Section 15 of the City Charter, during a state of emergency, the Mayor assumes the leadership of the City. She is assisted by the Emergency Management Team which consists of the following primary individuals, in addition to all the City department directors: • Mayor • City Manager • Asst. City Manager • Police Chief • Fire Chief • Emergency Management Coordinator • Asst. Emergency Management Coordinator 4. This is a one year contract with the option to renew for two additional one year periods. Page 4 of 19 REQUESTS FOR PROPOSALS TO PROVIDE EMERGENCY AND DISASTER SUPPORT AND MANAGEMENT SERVICES (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: iIailing Address: Email: City, State, Zip Code: Date: Page 3 of 19 SCOPE OF WORK The Contractor will provide the City with services designed to support emergency management and homeland security-related needs associated with emergency and disaster response in order to facilitate the timely and effective documentation and delivery of assistance and to help maximize federal and other funding including,but not limited to, funding for Contractor under this agreement, and to help the City retain funds during project closeout and audit. 1. The Contractor shall provide, upon the City's request, expertise, personnel, equipment and materials necessary for the containment, removal, neutralization, decontamination, recovery, clean-up, repackaging, transportation, remediation and disposal of hazardous and/or non-hazardous materials or substances. 2. The Contractor shall mobilize, and have on the site of a hazardous materials incident, the personnel and equipment necessary for the initiation of containment and mitigation activities within twelve (12) hours of notification from the City. 3. The Contractor shall provide, upon the City's request, with diligence as soon as practicable, the services, equipment and products necessary to eliminate or reduce the threat to life, public health, and safety arising from natural or man-made emergencies or disasters. 4. The services, equipment, and products shall be of the type ordinarily used for FEMA Category B Emergency Protective Measures and shall include but not be limited to: a. Generators(30kw up to 2mw)with fuel, cables and ancillary equipment b. Pumps with fuel c. Forklifts with fuel d. Pallet jacks e. Portable toilets f. Bucket trucks g. Road graders, tractors, cranes and similar heavy equipment h. Portable lighting i. Trailers, flatbeds, dump trucks,pickups j. Tents, shelter, heaters, air conditioners and ancillary equipment k. Meals and water 1. Chippers m. Personnel with subject matter expertise 5. For assets charged to the City,the Contractor shall provide for a staging area in,or as close to,the City of Port Arthur as the emergency or disaster will permit. 6. The Contractor shall be required to track non-consumable assets provided to the City, either from the Contractor's own resources, or from a sub-contractor, from the time and location when the asset is charged to the City until those charges terminate. The tracking identification shall be unique to the resource. This information is required as a condition of payment from the City. 7. The Contractor shall also be required to track consumable items that are used in connection with a non- consumable asset (e.g. fuel for generators or forklifts), using a unique tracking identifier. The invoice shall indicate the specific non-consumable asset and consumable item, the amount of consumable product supplied to the asset and the date supplied. This information is required as a condition of payment from the City. Page 5 of 19 8. Transportation costs associated with the non-consumable assets and consumable items, (e.g. freight, drivers, trucks) that are being passed to the City, shall also use a unique tracking identifier. The invoice shall indicate the name of the carrier, specific asset/item, location and time of pick-up and delivery for the duration of time the asset/item is charged to the City. This will include in-theatre charges for local pick-up and delivery (e.g. from staging to lift station back to staging). This information is required as a condition of payment from the City. 9. Where the Contractor passes-through costs from sub-contractors, the costs will be at market rates. 10. A daily tracking report of the assets charged to the City, and the disposition of those assets shall be provided no later than twenty-four (24) hours after the close of each twenty-four (24) hour operating period. The City may waive this requirement where the nature of emergency or disaster prevents its practical application. 11. Invoices from the Contractor shall contain a detailed exposition of costs for personnel (including timesheets for all personnel, direct or sub-contracted), services, products, and equipment and shall be accompanied by supporting documentation from sub-contractors at the time of submission. In general, the Contractor shall be responsible to supply to the City such documentation and supporting documentation which is customarily required by FEMA for reimbursement of expenses, regardless of whether the emergency or disaster ultimately qualifies for FEMA reimbursement. The Contractor will be required to supply this information as a condition of payment from the City. 12. Invoices for sub-contractor charges, which are being passed through to the City, shall reflect amounts paid by the Contractor, including any discounts the Contractor receives from the sub-contractor. Page 6 of 19 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pares, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.) FIRM QUALIFICATIONS AND EXPERIENCE 1. Provide a brief profile of the firm including types of services, equipment, and products offered, year founded, form of the organization and location of offices and response facilities. 2. Please describe in detail the current and historical experience the proposer has working with governmental entities in responding to and dealing with environmental threats from hazardous materials and natural disasters such as hurricanes, tornadoes, floods, etc within the past five (5) years. Provide descriptions and references for all engagements of comparable complexity and sensitivity to the requirements of the RFP. References must contain the name, title, company name, address, phone and email of organizations that may be contacted to verify qualifying experience. 3. Provide a brief statement of assurance as to the firm's ability to deliver within a reasonable time, personnel, equipment, and products to the area affected by the disaster and the ability to render services up to and including a "worst case" scenario as defined by the Oil Pollution Act of 1990 and any amendments thereto. 4. Please state any experience the firm has in relation to FEMA claims reimbursement. *NOTE: — All references must be for the responding firm operating under its existing name and must be for the firm as a company. References will not be for an individual, but for the company as a whole. B.)PERSONNEL QUALIFICATIONS 1. Please identify all key personnel who are to be part of the proposed team. Identify the principal supervisory and management staff, including partners, managers, other supervisors and specialists, who would be assigned to this project. Information should be presented in sufficient detail as to provide the City an indication that the personnel involved can perform the work specified in this RFP. The City reserves the right to approve or reject each member of the team and to request substitutions. For each person,please provide the following: a. Full name; b. Employment history; c. Education and professional licensing of each person as it relates to this project; d. Specific description of what role the individual will have in this project; and e. Any additional helpful information to indicate the individual's ability to aid the proposer in successfully performing the work involved in this RFP. Page 7 of 19 2. Provide an organizational chart covering the services offered in the proposal, indicating lines of authority, names, titles, and functions of individuals assigned. The proposer must assign a contact person to the project. C.) PROJECT MANAGEMENT PLAN 1. Describe your firm's capability to provide all services and equipment required for response and recovery. 2. Provide a description of the firm's typical resourcing approach for a project of similar scope, indicating staff hierarchy and level, contractor oversight, equipment ordering, etc. 3. Include sample billings. D.) COST OF PROFESSIONAL SERVICES The proposal should include pricing information relative to performing the services as described in this RFP. Provide a current personnel and equipment rate sheet at the time of the response to this RFP and any other pertinent facts regarding pricing structure, including overhead and profit fee markups of subcontractor's services and products. Indicate under what circumstances the firm will change the rates quoted. (The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal.) Page 8 of 19 EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer, and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Firm Qualifications and Experience(25 points) b. Personnel Qualifications(25 points) c. Project Management Plan(25 points) d. Cost of Professional Services(25 points) 2. The evaluation committee shall recommend the most qualified firm to the City Council for approval and will offer a contract based on services and fees as agreed upon. 3. Prior to the approval of an award, no evaluation committee member shall disclose any information regarding the committees' decision. 4. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information(also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 9 of 19 GENERAL INFORMATION: TERMINOLOGY: Bid vs. Proposal — For the purpose of this RFP, the terms Bid and Proposal shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas,to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. Page 10 of 19 PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Deborah Echols, Finance Director,P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 Page 11of19 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. The City reserves the right to waive this requirement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense,purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 2. Commercial Automobile Liability Insurance(Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said Certificate of Insurance Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur a valid Certificate of Insurance on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed Certificate of Insurance Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued as soon as practicable using the most advantageous means of communication available at the time of the emergency or disaster. Page 13 of 19 APPENDICES A. List of Key Personnel,Title and Telephone Numbers B. Letter of Interest C. Affidavit D. Conflict of Interest Questionnaire E. Proposer Warranties Page 14 of 19 APPENDIX A LIST OF KEY PERSONNEL NAME TITLE TELEPHONE Deloris"Bobbie" Prince Mayor 409.983.8105 Brian McDougal City Manager 409.983.8101 Dr. Jimmie Johnson Asst. City Manager 409.983.8180 Mark Blanton Chief of Police 409.983.8611 Larry Richard Fire Chief 409.983.8740 Deputy Chief of Police/ John Owens Emergency Management Coordinator 409.983.8616 Fire Captain/ Robert Havens Asst. Emergency Management Coordinator 409.983.8740 Rawetts Baaheth Acting Director of Public Works 409.983.8182 Jerry Dale Director of Finance 409.983.8150 Page 15 of 19 I I APPENDIX B LETTER OF INTEREST RFP—To Provide Emergency and Disaster Support and Management Services Deadline: May 4,2016 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City)to provide Emergency and Disaster Support and Management Services for the City of Port Arthur, TX. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed RFP Letter of Interest Form ❖ Completed Affidavit ❖ Completed Conflict of Interest Form ' Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete ' statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. DRC Emergency Services,LLC Firm Na+ e - Date Vice President/Secretary/Treasurer iAuthdriz TSigna .r Title// Kristy Fuentes (888)721-4372 Name(please print) Telephone Kfuentes'a'd rcusa.com ' Email I Page 16 of 19 1 I 1 t APPENDIX C AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. ' I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. DRC Emergent Services,LLC 5 f l I'`LQ ' Firm Na Date Vice President/Secretary/Treasurer Authorized igna Title Kristy Fuentes (888)721-4372 Name(please print) Telephone Kfuentes@drcusa.com • Email STATE: i,.04,-,1 (A.nrA C TY: Or41_EA0.sS SUBSCRIBED AND SWORN to before me by the above named e,„ hs on this the 5 r--� day of 201 1 CARY A. DES RO HES tars Public NOTARY PUBLIC ' State of Louisiana, Bar fNo. 19550 RL .A ° riNIIT AS PART OF THE PROPOSAL •1 iPage 17of19 1 2 I Not Applicable to DRC Emergency Services,LLC I APPENDIX D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ I For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. IThis questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). I By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. IA person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense undcr this section is a Class C misdemeanor. ' 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. I (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) I 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form I CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? I Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the I direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? I Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? II I Yes No D. Describe each employment or business relationship with the local government officer named in this section. I 4. Signature of person doing business with the governmental entity Date I 1 3 APPENDIX E PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Texas laws with respect to foreign(non-state of Texas)corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy 1 providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents therof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. 1 DRC Emergency -rvices,LLC' Firm Name) 13 1 C.)1LO Date /� ✓� : Vice President/Secretary/Treasurer ' Authoriied S gn afure 'Title ' Kristv Fuentes (888)721-4372 Name (please print) Telephone 1 Kfuentes@drcusa.com Email 1 1 i 1 1 Page 19 of 19 4 1 40,4- DRC EMERGENCY SERVICES PO Box 17017•Galveston,TX 77558•(888)721.4372•Fax: (504)482-2852 ' www.drcusacom May 4,2016 The City of Port Arthur City Secretary 444 4'Street 4"Floor Port Arthur,TX 77640 Re: Emergency Disaster Support and Management ' Dear Sir cr Madam, DRC Emergency Services,LLC,appreciates the opportunity to present to you and the City of Port Arthur our proposal to provide Emergency Disaster Support and Management services as required in the above referenced RFP.DRC ES is among the leading disaster management companies in the United States.Our ' services include emergency debris removal;disaster management—including temporary housing,workforce housing and life support—as well as required FEMA documentation;debris management;right-of-way maintenance;marine debris, salvage and recovery;vehicle and vessel removal and processing;technical assistance and project management;construction and construction management;demolition;and landfill management ' Following Hurricane Ike in 2008.DRC ES established a single-day productivity record for post-disaster debris removal in the City of Houston as recognized by FEMA. DRC ES also holds a 27-year record of 100%federal reimbursernent for efigible work performed. ' DRC ES's company headquarters is located in Galveston,Texas,which is 2 hours away from the City of Port Arthur. Our addtional offices in New Orleans, Louisiana,Mobile,Alabama,West Palm Beach Florida,and provide us geographical maneuverability along the Golf Coast,and atow us to continue to provide services to the City of Port Arthur should any location be compromised during a disaster. Corporate officers with legal signing authority to bind DRC ES to the terms and conditions of this proposal include:Jahn Sullivan,President;Krisly Fuentes,Vice President/Secretary-Treasurer.Evidence of their authority is attached. The Regional Manager for the City of Port Arthur is Bryan Fike who can be reached by cell:(407)242-0116 or by email:Bfike(o dreusa.corn. ' This proposal Is in all respects fair and in good faith,without collusion or fraud and conforms to the specifications of you RFP.If we may offer any additional information or clarifications,please let us know.Thank you for the opportunity to offer our services and we look forward to working with the City of Pon Arthur in the future. Sincerey, Kitty Fuentes Vice President Secretary, easurer I 5 COST OF PROFESSIONAL SERVICES ' Meals The price per meal is$47.82 with an additional requirement of$1906.25 daily for equipment. We would require a minimum of 100 meals three times per day at this cost and a minimum service period of one week. This meal rate is a bundled rate and includes food,consumables,labor and fuel. ' The$1906.25 required daily includes: 53'mobile Kitchen Sprinter van ' 4x4 f-150 Cooler Freezer Dry storage ' Any additional requirements once on site will be billed according to our T&M rate sheet,see attached. ' We could handle up to 200 persons with no additional T&M cost but we would have to add additional T&M for support should we get over 200 people. Other requested items would be billed according to The T&M rate sheet or if not on the rate sheet,they would be billed at cost plus 10+10. Water ' CASE-1/2 liter 24 per case priced by the PALLET Case $11.41 Pallet-1/2 liter 24 per case priced by the PALLET Pallet $821.70 Ice Emergency ice will be provided at$2.50 per pound. Please see pricing for Labor,Equipment and Generators attached I 1 I 1/441 .2, DRC �A EMERGENCY SERVICES ( ajlio- 6 9 L{I�_J I Iv 0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 0 0 0 0 C _c 0 0 0 0 0 0 0 0 0 I I . 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O 00 r` co Ln o t LD •( m d- 'tet on m d Lc LD O 1 0 r-i N m N: tf} -LO- t!? t!? t!? t/? t/y t/y t n- I O O O O O O O 0 O 0 0 O O 0 0 0 O O i 0 00 N� 00 LC O LO m d- Gn on d• LO Lu 0 O III T V? t/? t/? i n- t/y t/? t/? t/} t/} I 0inOOOOO 0N- Ll00 rl ,--1 N L(1 co Lr) CO r-1 I C C 0 0 0 0 0 0 0 0 0 E L 2 LB 2 2 2 L 2 2 a C) a) a) a.) a) a) a) a) a) rr nC II nn C C Cc rr nc rr nC rrC Iu V 9 L l/ O rr V V V V 1 70 I DRC Emergency Services LLC Equipment Type and Hourly Rate ' EQUIPMENT LABOR TYPE HOURLY ' 1 Project Manager with Cell Phone and Vehicle RATE $80.00 2 Operations Manager with Cell Phone and vehicle 1 $90.00 3 Crew Foreman with Cell Phone and Vehicle $75.00 4 Tree Climber with Chainsaw and Gear 1 $90.00 5 Laborer with Chainsaw $45.00 6 Laborer with small tools, traffic control or flag person $37.00 7 Bonded and Certified Security Personnel S85.00 1 8 9 ' 10 11 ' 12 13 ' 14 15 ' 16 17 ' 18 19 ' 20 21 ' 22 23 ' 24 25 ' 26 27 28 1 71 I IDRC Emergency Services LLC Equipment Type and Hourly Rate IEQUIPMENT # EQUIPMENT TYPE HOURLY I 1 Air Curtain Pit Burner RATE $225.00 2 Air Curtain Refractory Incinerator 1 $275.00 3 Bobcat Loader $140.00 I 4 Bucket Truck w/Operator $270.00 5 Chipper/Mulcher (8"throat) $145.00 I 6 Chipper/Mulcher (12"throat) $175.00 7 Crash Truck w/Impact Attenuator $145.00 I 8 Dozer, Tracked, D5 or similar $150.00 9 Dozer, Tracked, D6 or similar $190.00 I 10 Dozer, Tracked, D7 or similar $450.00 11 Dozer, Tracked, D8 or similar $500.00 I 12 Dump Truck, 18 CY-20 CY $110.00 13 Dump Truck, 21 CY-30 CY $120.00 I 14 Generator and Lighting $100.00 15 Grader w/12' Blade $260.00 I 16 Hydraulic Excavator, 1.5 CY $150.00 17 Hydraulic Excavator, 2.5 CY $180.00 I 18 Knuckleboom Loader $170.00 19 Lowboy Trailer w/Tractor $140.00 I20 Log Skidder $170.00 21 Mobile Crane (Adequate for hanging limbs/leaning trees) $245.00 I22 Pickup Truck, 1/2 Ton unmanned $20.00 23 Soil Compactor 81 HP+ $175.00 I24 Soil Compactor 80 HP $135.00 25 Soil Compactor, Towed Unit $75.00 I 26 Stump Grinder 30"diameter or less $195.00 27 Stump Grinder greater than 30"diameter $245.00 I28 Traffic Control, Temporary Single Lane Closure $245.00 I 72 I 1 29 Tub Grinder, 800 to 1,000 HP $550.00 I 30 Waste Collection Rear Loader Truck $245.00 31 Water Truck $140.00 1 32 Wheel Loader, 2.5 CY, 950 or similar $185.00 33 Wheel Loader, 3.5 — 4.0 CY, 966 or similar $215.00 U 34 Wheel Loader, 4.5 CY, 980 or similar $235.00 35 Wheel Loader-Backhoe, 1.0 — 1.5 CY $180.00 I 36 Weighing Scales, Truck, Portable and Certified $190.00 I I I I I I I I I I I I I 73