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HomeMy WebLinkAboutPR 21459: 2ND YEAR 1ST RENEWAL CONTACT WITH CROWDER GULF, DEBRIS REMOVAL AND EMBERGENCY SERVICES PR 21459 6/10/2020 CEW Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE SECOND YEAR (FIRST RENEWAL) OF THE AGREEMENT WITH CROWDER GULF OF THEODORE, ALABAMA FOR DEBRIS REMOVAL AND EMERGENCY SERVICES FOR THE CITY OF PORT ARTHUR IN THE EVENT OF AN EMERGENCY OR DISASTER IN THE NOT TO EXCEED AMOUNT OF $13,000,000. WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a service in place for Debris Removal and Emergency Services in the event of an emergency or a disaster; and, WHEREAS, per Resolution 19-256, the City entered into an agreement with Crowder Gulf for a one (1) year term with the option of renewing for two (2) additional one (1)year terms; and, WHEREAS, the City desires to enter into an additional one (1) year (first renewal) agreement, with the option of renewing for one (1) additional year with Crowder Gulf of Theodore, Alabama as delineated in Exhibit"A";now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to execute a second year (first renewal) of the contract with Crowder Gulf of Theodore, Alabama (attached as Exhibit "A") for the Debris Removal and Emergency Services for City of Port Arthur with the option to renew the contract for one (1) additional year. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. PR 21459 6/10/2020 CEW Page 2 of 3 READ, ADOPTED AND APPROVED THIS day of June , A.D., 2020, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: NOES: Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager PR 21459 6/10/2020 CEW Page 3 of 3 Alberto Elefano Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: 4.< OCk-431 Kandy D e1 Interim Director of Finance (tIot Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" FIRST RENEWAL AGREEMENT FOR THE PROVISION OF DEBRIS REMOVAL AND EMERGENCY SERVICES THIS AGREEMENT, made this day of , 2020, 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 Crowder Gulf, LLC., herein after called "CONTRACTOR". WHEREAS, the City of Port Arthur desires to obtain services in connection with post disaster debris removal and emergency services; and WHEREAS, this Agreement between the Parties consists of the terms and conditions set forth herein, and the documents attached are incorporated for all purposes for the following services: DEBRIS REMOVAL AND EMERGENCY SERVICES WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, CITY and CONTRACTOR agree to the following: a. The CONTRACTOR will provide debris removal and various emergency services to assist the City. Such Work is more specifically described in the Scope of Work as set forth in the Request for Proposals attached to the original contract documents and included for all purposes. b. During the term of this Agreement, the CONTRACTOR will furnish at its own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to provide the required debris removal and emergency services excepting those supplies not specifically required of CONTRACTOR in the Specifications. c. CONTRACTOR agrees to perform all the work described in the specifications and contract documents attached to the original contract and included for all purposes. d. CONTRACTOR agrees to comply with the terms of this Agreement set forth herein in the amounts stated in its response to the Request for Proposals set forth as herein attached in the original contract documents. The charges are set forth by the CONTRACTOR in the response to the Request for Proposals. e. The CONTRACTOR and City agree that this is a non-exclusive contract. CONTRACTOR will perform the services and furnish the deliverables set out in this Agreement in consideration for the City's payment of the unit prices set forth in the contract documents and based upon verification of completed work. The amount of this Agreement will not exceed $13 million. f. The CONTRACTOR and City further agree that there is no guarantee of a minimum amount of payment for the services listed herein. Original Contract Page 1 of 6 g. CONTRACTOR must deploy all resources within twenty-four (24) hours following receipt of Notice to Proceed. h. CONTRACTOR must mobilize 100% of all resources and be fully operational within ninety-six (96)hours following receipt of Notice to Proceed. i. The City will only seek reimbursement from the actual cost paid by CONTRACTOR and not the percentage on cost plus items. j. Provide that the capacity of service complies with all applicable FEMA deadlines. k. The term "Contract Documents" means and includes this document along with the following that are attached to the original contract and are included herein: • Request for Proposals • General Information • Scope of Work Details • Cost Proposal Form • References • Letter of Interest • Affidavit • Conflict of Interest Questionnaire • Proposer Warranties • Non-Collusion Affidavit • House Bill 89 Verification • SB 252 Chapter 2252 Certification • Federal Clauses • Notice of Award • Notice to Proceed TERM: The term of this Agreement shall be one year from date of execution of this Agreement unless sooner terminated under the terms set forth herein, it is agreed that the CITY will have the option to extend the Agreement for one additional one (1) year period, based upon the approval of the governing body. To exercise this option, the CITY shall serve notice of the option to extend a minimum 30 days prior to termination. The Option to Extend will not be considered if funding is unavailable or if the CONTRACTOR's past performance is not within the industry standard or acceptable to the CITY. It is agreed that, due to the nature of the work to be performed, the CONTRACTOR shall not begin work until the CITY has issued a written Notice to Proceed to the CONTRACTOR signed by the City Manager. The Notice to Proceed will specify the date to begin performance. After a Notice to Proceed is issued, the CONTRACTOR agrees to perform the work according to the timeline set forth in Exhibit A. 1. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS — CONTRACTOR shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments. Original Contract Page 2 of 6 2. COMPENSATION: The CITY shall compensate CONTRACTOR for the Work at the agreed upon pricing in Exhibit A. CONTRACTOR will furnish an invoice to the CITY detailing activities performed and reflecting actual time and expenses incurred during the preceding month. All invoices are due under Government Code Sec. 2251.021, and are payable to CONTRACTOR at 5435 Business Parkway, Theodore, Alabama 36582. The CITY shall not be responsible for any payment to CONTRACTOR for any additional services or expenses not specifically included in Exhibit A attached to the original contract and included herein, except upon proper execution of an amendment to this Agreement in writing by both parties. The Parties shall attempt to resolve any payment disputes within thirty (30) days after the invoice date. 3. INSURANCE REQUIREMENTS: All insurance must be written by an insurer licensed to conduct business in the State of Texas. The CONTRACTOR shall provide all required City of Port Arthur certificates of coverage and all renewals throughout the duration of the Project. For each policy except Workers' Compensation protection, CONTRACTOR shall name the CITY as an additional insured and shall provide that the policy requires the insurance carrier to notify the CITY a minimum of thirty days (30) in advance of cancellation of all or part of the policy. All insurance policies are to be issued by an insurance company authorized to do business in the State of Texas and using an insurance company with an A.M. Best rating of B+ or better. All subcontractors utilized must also comply with these specifications as if they were the winning proposer. Specific details of coverage limits and conditions are listed below: a. Commercial general liability insurance, naming the City of Port Arthur as an additional insured and as certificate holder, and waiving subrogation per the contractual requirements of this project. Limits are to be equal to or greater than: $2,000,000 general liability (includes products and personal, etc.) $1,000,000 bodily injury single limit per occurrence or $1,000,000 each person$1,000,000 per occurrence $1,000,000 fire damage $1,000,000 property damage per occurrence regardless of contract amount $1,000,000 automobile damage $1,000,000 professional liability $500,000 standard workers compensation employers' liability insurance Statutory limits for workers compensation Insurance coverage shall be on an "occurrence basis" 4. INDEMNIFICATION: CONTRACTOR shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of Original Contract Page 3 of 6 CONTRACTOR and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, CONTRACTOR shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Worker's Compensation, and Income Tax Laws with respect to CONTRACTOR's employees. Further, CONTRACTOR shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of CONTRACTOR, its officers, agents and employees in connection with any of the work performed or to be performed under this Agreement by CONTRACTOR or as a result of CONTRACTOR's failure to use and employ reasonable skill and care. Further, CONTRACTOR shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by CONTRACTOR in the performance of this Agreement. The foregoing indemnification provision shall apply to CONTRACTOR regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 5. SUCCESSORS AND ASSIGNMENTS: The CITY and the CONTRACTOR each bind itself and its successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the CITY nor the CONTRACTOR shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 6. TERMINATION: This Agreement may be terminated prior to completion of the Work by either party upon 30 days' written notice to the other. If, through any cause, CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In the event of early termination, CITY shall pay CONTRACTOR for all work performed and expenses incurred to the date specified in the notice of termination, and CONTRACTOR shall turn over to the CITY all documents, information, and Work produced to said date relating to the Project. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Agreement by CONTRACTOR or its subordinates and the CITY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. 7. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall be, in the performance of all Work, services, and activities under this Agreement, an independent contractor and not an employee, agent, or servant of CITY. All persons engaged by Original Contract Page 4 of 6 CONTRACTOR to perform the Work, services, or activities described herein shall, at all times and in all places, be subject to the sole direction, supervision, and control of CONTRACTOR. The relationship between CITY and CONTRACTOR (including CONTRACTOR's employees) shall be in all respects an independent contractor relationship and not an employer/employee or principal/agent relationship. 10. PERSONNEL:The CONTRACTOR represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder shall be performed by the CONTRACTOR or under its supervision and all personnel engaged in the work shall be fully qualified and, if applicable shall be authorized or permitted under State and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 11. REPORTS AND INFORMATION: The CONTRACTOR at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports s it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 12. CIVIL RIGHTS: Under Chapter 106 Civil Practice and Remedies Code, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The CONTRACTOR will carry out its work under this Agreement in a manner which will permit full compliance by the CITY with the Statute. 13. INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein and the Agreement 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 Agreement shall be amended to make such insertion on application by either party. 14. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: CONTRACTOR: Mr. Ronald Burton Mr. John Ramsay City Manager President& CEO City of Port Arthur Crowder Gulf, LLC. P. O. Box 1089 5435 Business Parkway Port Arthur, Texas 77641-1089 Theodore, Alabama 36582 All notices and communications under this Agreement shall be mailed or delivered to CITY and the CONTRACTOR at the above addresses. Original Contract Page 5 of 6 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. Signed on the day of . 2020. CITY OF PORT ARTHUR BY: Ronald Burton, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2020. CROWDER GULF, LLC. BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: Original Contract Page 6 of 6