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HomeMy WebLinkAboutPR 21936: FINAL RENEWAL OF DEVRIS MONITORING CONTRACT City of rt rtltur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 3, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, Interim City Manager Kandy Daniel, Interim Finance Director From: Clifton Williams, Purchasing Manager RE: P.R. 21936—Final Renewal of Debris Monitoring Contract Introduction: The intent of this agenda item is for City Council's approval of the second and final renewal of Debris Monitoring Contract with Witt 0' Brien of Houston, Texas. Background: On May 17, 2019, City Council awarded Resolution 19-257 to Witt 0' Brien for Debris Monitoring contract. On June 22, 2020, City Council renewed the contract with Resolution 20- 210. This will be the second and final renewal of the contract. Budget Impact: NA Recommendation: It is recommended that the City of Port Arthur City Council approve PR 21936 authorizing the final renewal with Witt 0' Brien of Houston, Texas. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 PR 21936 5/03/2021 CEW Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE THIRD YEAR (SECOND AND FINAL RENEWAL) OF THE AGREEMENT WITH WITT 0' BRIEN'S OF HOUSTON, TEXAS FOR DEBRIS MONITORING SERVICES FOR THE CITY OF PORT ARTHUR IN THE EVENT OF AN EMERGENCY ORDISASTER IN THE NOT TO EXCEED AMOUNT OF $2,000,000. WHEREAS, it is deemed in the best interest of the City of Port Arthur to have a service in place for Debris Monitoring Services in the event of an emergency or a disaster; and, WHEREAS, per Resolution 19-257,the City entered into an agreement with Witt 0' Brien's for a one (1)year term with the option of renewing for two (2) additional one (1)year terms; and, WHEREAS, per Resolution 20-210, the City entered into an agreement renewing with Witt 0' Brien's for a one (1)year term with the option of renewing for one(1) additional one (1) year terms; and. WHEREAS, the City desires to enter into an additional one (1) year (second and final renewal) agreement with Witt 0' Brien's of Houston, Texas 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 third year (second and final renewal) of the contract with Witt 0' Brien's of Houston, Texas(attached as Exhibit"A") for the Debris Monitoring Services for City of Port Arthur PR 21936 5/03/2021 CEW Page 2 of 3 THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED THIS day of May , 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: :b./i-t_,L4a (.14e 62---h_eayo'y Val Tizeno, Esq. City Attorney PR 21936 5/03/2021 CEW Page 3 of 3 APPROVED FOR ADMINISTRATION: Ron Burton City Manager Alberto Elefano Director of Public Works APPROVED AS TO AVAILABILITY OF FUNDS: cl< CA _0 0 CA.A. ,-4D Kandy DanielY Interim Director of Finance Ad., Clifton illiams, CPPB Purchasing Manager CONTRACT TO PROVIDE DEBRIS MONITORING AND EMERGENCY SERVICES THIS AGREEMENT,made this day of , 2021,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 Witt Obrien, a(n) Corporation herein after called "COMPANY". 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 MONITORING AND EMERGENCY SERVICES WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, CITY and COMPANY agree as follows: 1. SCOPE OF SERVICES: COMPANY will provide supplies and services (the"Work") to the CITY in Connection with the Project. Such Work is more specifically described in the scope of work details listed below. a. During the term of this Contract, the COMPANY will furnish at its own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of COMPANY in the Specifications. b. COMPANY agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in its response to the Request for Proposals. c. The term "Contract Documents" means and includes this document along with the following: • 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 Contract shall be from July 10, 2021 to July 9, 2022, upon execution by the CITY unless sooner terminated under the terms set forth herein. It is agreed that, due to the nature of the work to be performed, the COMPANY does not begin work unless the CITY has issued a Notice to Proceed to the COMPANY. After a Notice to Proceed is issued the COMPANY agrees to perform the work according to the timeline in Exhibit A. 1. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS — COMPANY shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments. 2. COMPENSATION: The CITY shall compensate COMPANY for the Work at the agreed upon pricing in Exhibit A. COMPANY 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 COMPANY for any additional services or expenses not specifically included in Exhibit A, except upon execution of an amendment to this Contract in writing by both parties. Parties shall attempt to resolve any payment disputes within thirty(30) days after the invoice date. 2. INSURANCE REQUIREMENTS: All insurance must be written by an insurer licensed to conduct business in the State of Texas. The COMPANY 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, COMPANY shall name the CITY as an additional insured and shall provide that the policy require 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" 3. INDEMNIFICATION: COMPANY shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of COMPANY 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, COMPANY 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 COMPANY's employees. Further, COMPANY 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 COMPANY, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by COMPANY or as a result of COMPANY's failure to use and employ reasonable skill and care. Further, COMPANY 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 COMPANY in the performance of this Contract. The foregoing indemnification provision shall apply to COMPANY regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 4. SUCCESSORS AND ASSIGNMENTS: The CITY and the COMPANY each binds itself and its successors,executors,administrators,and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the COMPANY shall assign, sublet, or transfer his interest in this Contract 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. 5. TERMINATION: This Contract shall terminate automatically upon completion of the Work by COMPANY. This Contract may be terminated prior to completion of the Work by either party upon 30 days' written notice to the other. If, through any cause, COMPANY shall fail to fulfill in a timely and proper manner its obligations under this Contract, the CITY shall thereupon have the right to terminate this contract by giving written notice to COMPANY 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 COMPANY for all work performed and expenses incurred to the date specified in the notice of termination, and COMPANY shall turn over to the CITY all documents, information, and Work produced to said date relating to the Project. Notwithstanding the above, COMPANY shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by COMPANY or its subordinates and the CITY may withhold any payments to COMPANY for the purpose of set-off until such time as the exact amount of damages due the CITY from COMPANY is determined. 9. INDEPENDENT CONTRACTOR: COMPANY 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 COMPANY 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 COMPANY. The relationship between CITY and COMPANY (including COMPANY's employees) shall be in all respects an independent contractor relationship and not an employer/employee or principal/agent relationship. 10. PERSONNEL:The COMPANY represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. 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 COMPANY 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 Contract 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 Contract. 11. REPORTS AND INFORMATION: The COMPANY 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 Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 12. CIVIL RIGHTS: Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, 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 COMPANY will carry out its work under this Contract 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 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. 14. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: COMPANY: Mr. Ron Burton, City Manager President & CEO City of Port Arthur Witt 0'Brien's, LLC PO Box 1089 818 Town & Country Blvd. , Suite 200 Port Arthur, Texas 77641-1089 Houston, TX 77024 All notices and communications under this Contract shall be mailed or delivered to CITY and the COMPANY at the above addresses. 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 , 2021. CITY OF PORT ARTHUR BY: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2021. WITT OBRIEN BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: