HomeMy WebLinkAboutPR 21937: FINAL RENEWAL OF DEBRIS REMOVAL CONTRACT City of
nrt mbar
Texas
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. 21937—Final Renewal of Debris Removal Contract
Introduction:
The intent of this agenda item is for City Council's approval of the second and final renewal of
Debris Removal Contract with Crowder Gulf of Theodore, Alabama.
Background:
On May 17, 2019, City Council awarded Resolution 19-256 to Crowder Gulf for Debris
Removal contract. On June 22, 2020, City Council renewed the contract with Resolution 20-
209. This will be the second and final renewal of the contract. The City was satisfied with
Crowder Gulf service.
Budget Impact:
NA
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 219437 authorizing the
final renewal with Crowder Gulf of Theodore, Alabama.
"Remember,we are here to serve the Citizens of Port Arthur"
444 46 Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
PR 21937
5/03/2021 CEW
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE THIRD YEAR (SECOND AND
FINAL 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, per Resolution 20-209, the City entered into an agreement to renew
with Crowder Gulf for a one (1) additional 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 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 third year (second and
final 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.
PR 21937
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., 2021, 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:
>141-4-40 (),(t(t,e,
Val Tizeno, Esq.
City Attorney
PR 21937
5/03/2021 CEW
Page 3 of 3
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
Alberto Elefano
Director of Public Works
APPROVED AS TO AVAILABILITY OF FUNDS:
CND
Kandy Danie
Interim Director of Finance
"I'
Clifton illiams, C'PB
Purchasing Manager
CONTRACT TO PROVIDE
DEBRIS REMOVAL 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 Crowder Gulf, 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 REMOVAL 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:
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 minim urn
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 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
Original Contract
Page 2 of 6
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.
3. 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"
4. 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
Original Contract
Page 3 of 6
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.
5. 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.
6. 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
Original Contract
Page 4 of 6
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 Mr. John Ramsay
City Manager President & CEO
City of Port Arthur Crowder Gulf, LLC
PO Box 1089 5435 Business Parkway
Port Arthur, Texas 77641-1089 Theodore, Alabama 36582
All notices and communications under this Contract shall be mailed or delivered to CITY
and the COMPANY 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 , 2021.
CITY OF PORT ARTHUR
BY:
Ron Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
Signed on the day of , 2021.
CROWDER GULF
BY:
PRINT NAME:
TITLE:
WITNESS:
PRINT NAME:
Original Contract
Page 6 of 6