HomeMy WebLinkAboutPR 24072: TO RENEW THE THIRD YEAR OF THE CONTRACT WITH CROWDER GULF FOR DEBRIS REMOVAL EMERGENCY SERVICES IN THE EVENT OF AN EMERGENCY OR A DISASTER City of
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INTEROFFICE MEMORANDUM
Date: December 4, 2024
To: The Honorable Mayor and City Council
Through: Ron Burton, CPM, City Manager
From: Clifton Williams,Purchasing Manager
RE: P. R#24072
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
renew the third year of the contract with Crowder Gulf for debris removal emergency services in
the event of an emergency or a disaster.
Background:
On June 19, 2022, City council awarded Resolution 22-307 to Crowder Gulf for Debris Removal
Emergency Services contract. The City renewed the contract with Resolution 23-528. This will
be the third year (second and final renewal) of the contract. The contract will be until December
31, 2025.
Budget Impact:
Funds will be provided for in the appropriate disaster/emergency recovery project accounts.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 24072 authorizing the
second and final renewal with Crowder Gulf of Theodore,Alabama for debris removal
emergency services in the event of an emergency or a disaster.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. No. 24072
12/04/2024 cew
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE THIRD YEAR (SECOND AND
FINAL RENEWAL) OF THE NON-EXCLUSIVE AGREEMENT WITH
CROWDER GULF OF THEODORE, ALABAMA, FOR DEBRIS REMOVAL
EMERGENCY SERVICES IN THE EVENT OF AN EMERGENCY OR
DISASTER IN AN AMOUNT NOT TO EXCEED $13, 000, 000 . 00 .
WHEREAS, it is deemed in the best interest of the City of
Port Arthur to have a service in place for Debris Removal Emergency
Service as required by FEMA in the event of an emergency or a
disaster; and,
WHEREAS, per Resolution 22-307, 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 23-528, the City entered into an
agreement with Crowder Gulf for a one (1) year term with the option
of renewing for one (1) additional one (1) year term; 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" ; and,
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 .
P. R. No . 24072
12/04/2024 cew
Page 2 of 3
Section 2 . That the City Manager is hereby authorized to
execute the third year (second and final renewal) of the non-
exclusive agreement with Crowder Gulf of Theodore, Alabama in
substantially the same form as attached as Exhibit "A" .
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 December, A. D. ,
2024, at a Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: AYES:
Mayor:
Councilmembers
NOES:
THURMAN BILL BARTIE, MAYOR
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APPROVED AS TO FORM:
ROXANN PAIS COTRONEO, ESQ.
CITY ATTORNEY
P. R. No . 24072
12/04/2024 cew
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771TED FOR MINI ION:
. t
RON BURTON, CPM C
CITY MANAGER t
APPROVED AS TO AVAILABILITY OF FUNDS :
((//1"
LYNDA BOSWELL, ICMA-CM, MA
FINANCE DIRECTOR
(zu jte
CLIP' ON WILLIAMS
PURCHASING MANAGER
EXHIBIT "A"
CONTRACT RENEWAL TO PROVIDE
DEBRIS REMOVAL AND EMERGENCY SERVICES
THIS AGREEMENT, made this day of , 202_, 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:
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:
• Agreement
• Request for Proposals*
• General Information*
• Scope of Work Details*
• Cost Proposal Form*
• References*
• Letter of Interest*
• Affidavit*
• Conflict of Interest Questionnaire*
Second and Final Renewal Contract
Page 1 of 6
• Proposer Warranties*
• Non Collusion Affidavit*
• House Bill 89 Verification*
• SB 252 Chapter 2252 Certification*
• Federal Clauses*
• Notice of Award*
• Notice to Proceed*
*These items were attached to the original contract. This agreement is only included in the
renewal.
2. TERM: The term of this Contract shall be from January 1, 2025 to December 31, 2025.
The parties hereby agree to exercise said option for the third year (second and final
renewal). 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 in the original cost.
3. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS — COMPANY shall
comply with all applicable laws, ordinances, and codes of the federal, state and local
governments.
4. COMPENSATION: The CITY shall compensate COMPANY for the Work at the agreed
upon pricing in Exhibit A in the original cost. 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 COMPANY at 5629 Commerce Blvd. East, Mobile,
Alabama 36619 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.
5. 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.)
Second and Final Renewal Contract
Page 2 of 6
$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"
6. 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.
7. 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.
Second and Final Renewal Contract
Page 3 of 6
8. 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.
Second and Final Renewal Contract
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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. Ronald Burton John Ramsey
City Manager Founder
City of Port Arthur Crowder Gulf
PO Box 1089 5629 Commerce Blvd East
Port Arthur, Texas 77641-1089 Mobile, AL 36619
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 , 202 .
CITY OF PORT ARTHUR
BY:
Ronald Burton, CPM, City Manager
ATTEST:
Sherri Bellard, City Secretary
Second and Final Renewal Contract
Page 5 of 6
Signed on the day of , 202 .
CROWDER GULF
BY:
PRINT NAME:
TITLE:
WITNESS:
PRINT NAME:
Second and Final Renewal Contract
Page 6 of 6
d
APPENDIX A
LIST OF KEY PERSONNEL
NAME TITLE TELEPHONE
Thurman Bartie Mayor 409.983.8105
Ronald Burton City Manager 409.983.8101
Timothy Duriso Chief of Police 409.983.8611
Robert Havens Fire Chief 409.983,8737
Jermey Houston Emergency Management Coordinator 409.983.8632
Fire Captain/
Asst. Emergency Management
Robert Havens Coordinator 409.983.8737
Flozelle Roberts Director of Public Works 409.983.8140
Lynda Boswell Director of Finance 409.983.8186