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HomeMy WebLinkAboutPR 13568: DEBRIS REMOVAL PU~LZC WORKS DEPARTMENT ~DUNCZL At:~ION MEMO TO Steve Fitzgibbons, City Manager FROM .]ohn A. Comeaux, P.E., Director of Public Works SUB3ECT P.R. #13568 - Emergency Debris Removal Contract Extension DATE May 16, 2006 RECOMMENDA'F[ON: ! recommend that the City Council approve Proposed Resolution No. 13568, approving an extension to the emergency contract with DTS Recovery for debris removal, on a unit cost basis of $8.50 per cubic yard of trash for an additional amount of $200,000, contingent upon final approval of the agreement with the United States Department of Agriculture. BACKGROUND: There is a great deal of debds still being generated throughout the City of Port Arthur. Because the debris is a fire hazard, obstructs the vision of drivers, and attracts pests, the City Council passed Resolutions 06-148 and 06-149 authorizing emergency contracts with DTS Recovery for debris removal, in addition, at the May 9~ Council meeting, the City Council passed Resolution 06-165 extending these contracts by $60,000 to a new total of $145,755. Because of the centinued need for debris removal emergency authorization was also granted to execute agreements with the USDA Natural Resources Conservation Service to provide for reimbursement of debris removal costs. An agreement has been negotiated for a total amount of $620,000, which includes $200,000 for contractual debris removal. The remainder of this funding will be used to compensate for force labor efforts. BUDGETARY/FI'SCAL EFFECT: Funding will be made available in Project HRDEBR, 123-2300-901.59-00. EMPLOYEE/STAFF EFFECT: None. SUMMARY: ! recommend that the City Council approve Proposed Resolution No. 13568, approving an extension to the emergency contract with DTS Recovery for debris removal, on a unit cost basis of $8.50 per cubic yard of trash for an additional amount of $200,000, contingent upon final approval of the agreement with the United States Department of Agriculture. _1olin A. Comeaux, P.E. Director of Public Works .~AC/reb Z:\engineer\Docu merits\Ca ms\DTS-PADebris-Ext2.doc P,R. 13568 05/17/06 RESOLUTION NO. A RESOLUT?ON AUTHORt'ZING AN EXTENSI'ON OF THE CONTRACT BETWEEN THE CITY OF PORT ARTHURAND DTS RECOVERY OF MAGNOLI'A, TEXAS FOR DEBR/S REMOVAL FOR A UNt'T COST OF $8.50 PER CUBt'C YARD OF TRASH FOR AN ADDITIONAL AMOUNT OF $200,000. PRO3ECT HRDEBR, 123- 2300-901.59-00. WHEREAS, due to damages suffered as a result of Hurricane Rita, a large amount of debris continues to be generated throughout the city; and, WHEREAS, this debris is a fire hazard, obstructs the vision of drivers, and attracts pests, it constitutes a public health hazard and constitutes an emergency procurement under Texas Local Government Code 252.022, Section (2), "a procurement necessary to preserve or protect the public health or safety of the municipality's residents"; and, WHEREAS, the City Council authorized emergency contracts with DTS Recovery for debris removal in Resolutions 06-148 (Exhibit "A") and 06-149 (Exhibit "B"), in an amount not to exceed $85,755; and, WHEREAS, the City Council authorized an extension of the contract with DTS in Resolution 06-165 (Exhibit "C'% in an amount not to exceed $60,000, bringing the total of the contracts to a maximum amount of $145,755; and, WHEREAS, in Resolution 06-170 (Exhibit "D"), the City Council authorized the City Manager to execute agreements with the United States Department of Agriculture Natural Resources Conservation Service for debris removal reimbursement; now, therefore, P.R. 13568 Page 2 BE IT RESOLVED BY THE CITY COUNC'.L OF THE CITY OF PORT ARTHUR: THAT, the fac~ and opinions in the preamble are true and correct; and, THAT, an agreement with the United States Department of Agriculture Natural Resources Conservation Service for debris removal reimbursement has been negotiated in the amount of $620,000, including $200,000 for contractual debris removal; and, THAT, extending the emergency contract with DTS Recovery for debris recovery as passed in Resolutions 06-148, 06-149, and 06-165; on a unit cost basis of $8.50 per cubic yard, for a total additional cost of $200,000 contingent upon final approval of the agreement with the United States Department of Agriculture Natural Resources Conservation Service, said funds to be reimbursed through Project HRDEBR, 123-2300- 901.59-00; is hereby approved; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the __ day of ., A.D. 2006 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: __ Mayor: Councilmembers: Noes: P.R. 13568 Page 3 Mayor Attest: APPROVED AS TO FORM: City Secretary City Attorne~ 0[o~ ~o e_~l ~- ~') APPROVED FOR ADMINISTRATION: Steve Fitzgibbons Rebecca Underhill, C.P.A. City Manager Director of Finance John A. Comeaux, P.E. Director of Public Works Z:\engineer\Documents\Resolutions\PR13568.doc EXHTBI'T A P.R. 1353~ ESOLtr O A RESOLUTION APPROVZNG AN EMERGENCY CONTRACT BETWEEN THE CZTY OF PORT ARTHUR AND DTS RECOVERY OF MAGNOI.~ TEXAS FOR DEBRZS REMOVAL iN SABt'NE PASS 1~N AN AMOUNT NOT TO EXCEED $20,600. PROJECT HRDEBR 123- 2300-901.59-00. WHEREAS, due to damages suffered as a result of Hurricane Rita, a large amount of debris continues to be generated in Sabine Pass; and, WHEREA$~ bids were solicited from three different contractors for emergency debris removal in this area of the city (see Exhibit "A'~; and, WHEREAS, DTS Recovery of Magnolia, Texas submitted the lowest, most responsible bid with a unit cost of $10.30 per cubic yard for a total amount of $20,600; now, therefore, BE 1'1' RESOLVED BY THE CTrY COUNCZL OF THE CZTY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the emergency proposal from DTS Recovery for debris recovery in Sabine Pass, in an amount not to exceed $20,600, Project HRDEBR 123-2300-901.59-00, a copy of said proposal being attached hereto and made a part hereof as Exhibit "B", is hereby approved; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P,R, 13534 READ, ADOPTED AND APPROVED this the ~5-~ay of A.D. 2006 at a /~ ~-~Z~tmeeting of the Ci~ of Po~ A~ur, T~as by ~e following vote: Ayes: ~ Mayor: ~ ) Attest: APPROVED AS TO FORM: City Attorney (/ ( 0N APPROVED FOR ADMINISTRATION: ~ Rebecca Underhill, C.P.A. City Manager Director of Finance F-w~]ohn A. Comeaux, P.E. Director of Public Works Z:\englneer\Documents\Resolutions\PR].3534,doc EXHIBIT A Memorandum City of Port Arthur, Texas Purchasing Division TO: Stephen Fitzgibbons, City Manager FROM: Joseph Broussard, CTPM, Purchasing Coordinator DATE: April 18, 2006 SUBJECT: Emergency Contract for Debris Removal The Public Works department request authorization for an emergency contract for debris removal in the Sabine Pass location. We have approximately 2,000 cubic yards of debris within Sabine Pass. Three quotes were solicited with the following responses: Vendor Unit Price Total Quote DTS Recovery, Magnolia, Texas $10.30 CY $20,600 Pick Two Contractors, Inc., Crosby, Texas $15.00 CY $30,000 Triangle Waste Solutions, Nederland, Texas $50.00 CY $100,000 The Purchasing Division recommends this as an emergency under Texas Local Government Code 252.022, Section (2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents. The debris piles are magnets for rodents, create fire hazards, and visually obsn-uct vehicles from a dear line of sight while driving on these roads. The debris piles contain a variety of household items that pose a danger to the general public and should be removed immediately. The lowest bidder DTS Recovery is currently working for Public Works on a project scheduled to be · completed today April 1 $, 2006 and can mobilize quickly to Sabine Pass. The City will realize substantial savings by approval of this project and DTS Recovery will complete this job by Friday April 21, 2006. EXHIBTT B EXHIBIT B P.R. 13538 0~/20/06 reb -/¢ A RESOLUTTON AUTHORIZ/NG AN EMERGENCY CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND DTS RECOVERY OF MAGNOLLA, TEXAS FOR DEBR/S REMOVAL FOR A UN11' COST OF $8.50 PER CUBIC YARD OF TRASH. PRO]ECT HRDEBR 123-2300- 901.59-00. WHEREAS, due to damages suffered as a result of Hurricane Rita, a large amount of debris continues to be generated throughout the city; and, WHEREA~ these trash piles attract rodents, create fire hazards, and otherwise endanger the public safety, this situation constitutes an emergency procurement under Texas Local Government Code 252.022, Section (2), "a procurement necessary to preserve or protect the public health or safety of the municipality's residents"; and, WHEREAS, bids were solicited from three different contractors for emergency debris removal in this area of the city (see Exhibit "A'3; and, WHEREAS, D'rs Recovery of Magnolia, Texas submitted the only bid with a unit cost of $8.50 per cubic yard; now, therefore, BE 11' RESOLVED BY THE CITY COUNCIL OF THE cTrY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the emergency proposal from DTS Eecovery for debris recovery, on a unit cost basis of $8.50 per cubic yard, Project HRDEBR 123-2300-901.59-00, a copy of said proposal being attached hereto and made a part hereof as Exhibit "A", is hereby approved; and, P.R. 13538 Page 2 THAT, a copy of the capUon of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the ~'~ day of~A.D. 2006 at a ~-~j~/~ meeting of the City of Port Arthur, Texas by the following vote: Ayes: '-7~' Mayor: (~ ~'~,~ ,,' Noes: L.~, Attest: APPROVED AS TO FORM: City Attorney ~ ~ Of,/ ~.1 ~ APPROVED FOR ADMINISTRATION: ~ Rebecca Underhill, C.P.A. City Manager Director of Finance F~-,,]'ohn A, Come-aux, P.E. / Director of Public Works Z:\engJneer\Documents\Resolutions\PR13538.doc EXH'rBrF A Rpr 20 OS f12:OSp Public Works l~ep~. (408] 983-852B p.l ~0~"'~'~ ~,~,-~ ..~ ~r P~'+~,,. ~.~. $~,,.M, ., A~ , ~ v~.. ;..,,~.. ~.~., ' -',' Y/~..,~:~ C~.. r~.~. matedal and labor -- complete in accordance with the above specifications for the sum of: wftU, payments to be made as follows: / } Date of ~ep~n~ Sig~ture EXHIBI'T C P.R. 13555 0510q106 feb RESOLUTtON NO. ~- J~l)~ A RESOLUT?ON AUTHORTZtNG AN EXTENStON OF THE CONTRACT BETWEEN THE C]TY OF PORT ARTHUR AND DTS RECOVERY OF MAGNOLtA, TEXAS FOR DEBR/S REr4OVAL FOR A UN~'T COST OF $8.50 PER CUBI'C YARD OF TRASH FOR AN ADDI'TIONAL AMOUNT OF $60,000. PRO3ECT HRDEBR, 123- 2300-901.59-00. WHEREAS, due to damages suffered as a result of Hurricane Rita, a large amount of debris continues to be generated throughout the city; and, WHEREAS, the City Council authorized an emergency contract with DTS Recovery for debris removal in Sabine Pass (Resolution 06-148), in an amount not to exceed $20,600; and, WHEREAS, the City Council authorized an emergency contract with DTS Recovery for debris removal in Resolution 06-149, said contract estimated to be in the amount of $65,155; and, WHEREAS, authorization was obtained from the City Manager to continue this contract for an additional amount of $60,000; now, therefore, BE ZT RESOLVED BY THE CITY COUNCIL OF THE C1~TY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the maximum value of both contracts with DTS Recovery will not exceed $145,755; and, THAT, extending the emergency contract with DTS Recovery for debris recovery as passed in Resolution 06-149, on a unit cost basis of $8.50 per cubic yard, for a total P.R. 13555 Page 2 additional cost of $60,000; Project HRDEBR, 123-2300-901.59-00; is hereby approved; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. thisthe (~day of~, A.D. 2006 READ, ADOPTED AND APPROVED at a ~ meeting of the City of Port Arthur, Texas by the following vote: Ayes: l'l Mayor: Ol'Jiq~L. Hayor Attest: APPROVED AS TO FORM: City Attorney /~'~,/:~,~ St~verFitzgibbons Rebecca Underhill, C.P.A. City Manager Director of Finance Fo/~.lohn A. Comeaux, P.E. Director of Public Works Z:\engineer\Documents\Resolutions\PR13555.doc CITY OF PORT ARTHUR Public Works Department MEMORANDUM TO: Steve Fitzgibbons, City Manager FROM: Ross E. Blackketter, P. E., Assistant Director of Public Works DATE: 05 May 2006 RE:. Trash Collection Report Heavier than usual volumes are still being picked up by our Trash collection crews. At the last meeting, the Council approved a contract with DTS Recover,/for debris removal in Sabine Pass and in the rest of the city. Since that time, DTS has collected approximately 7,000 cubic yards of debris. At the same time, City crews working 60 hours per week have collected over 9,000 cubic yards of trash. The attached chart shows the volumes collected this year in comparison with the same period last year. We are still collecting approximately twice the trash each day than last year, while the amount of time to cover the entire city is two to three times greater than normal. cc: John A. Comeaux, P.E., Director of Public Works Z:\engineer~documents\memos\TrashP-U.doc ,{ 0 (spJeA o!qno) etunlo^ EXHIB1'T D P.R. ~3553 RESOLUTION NO. 0~0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, OR AGREEMENTS, WITH THE UNITED STATES DEPARTMENT OF AGRICULURE NATURAL RESOURCES CONSERVATION SERVICES FOR DEBRIS REMOVAL REIMBURSEMENT WHEREAS, the City of Port Arthur experienced, and continues to experience, an extraordinary amount of demand for debris collection as a result of Hurricane Rita, and; WHEREAS, under the expanded authority granted to the United States Department of Agriculture, Natural Resources Conservation Service (NRCS), this agency has funding available to assist the City of Port Arthur in their mission to maintain the integrity of the watershed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a contract, or contracts, between the City and the United States Department of Agriculture Natural Resources Conservation Service, for funding of the removal of debris in substantially the same form as the sample contracts provided in "Exhibit A" for the use of city forces, and "Exhibit B" for contract services. Section 3. That the City Manager is authorized to enter into the contracts immediately upon receipt of the final documents from the NRCS, including the estimated costs, reimbursements, and the required attachments. Section 4. That a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this 9th day of May, 2006, A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers:_ Letl)i~ i [~OJ'}t'lOF: OES: HgorttO Mayor ATTEST: APPROVED AS TO FORM: Mark Sokolow~Eity Attorney ~O/d boS~&l~ ~/3x) APPROVED FOR ADMINISTRATION: Step~efi~Fitzgibbons, City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Rebecca Underhill, CPA, Finance Director EXHIBIT "A" f~ State Texas EWP: City of Port Arthur Agreement No. 69-7442-6- UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this of ,2006, by and between the City of Port Arthur, Orange County, State of Texas, called the Sponsor, and the Natural Resources Conservation Service, United States Department of Agriculture, called NRCS. WlTNESSETH THAT: WHEREAS, under the provision of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause impairment of a watershed. NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following described work is to be performed at an estimated cost of SXXXXX.00. 1. The work will consist of removal and disposal of vegetative debris and construction and demolition (c/d) debris along municipal road easements that are a safety or health risk. The vegetative debris was identified by FEMA by green paint and not removed. The removal and disposal of the vegetative and c/d qualifies under the expanded authority granted by the supplemental appropriation bill, Section 102. The work will be performed in accordance with the Plans of Operations and Scope of Work. 2. Work sites are identified by the Damage Survey Report: Oran-Ci-01-06. B. The Sponsor will: 1. Provide 25 percent of the cost of performing the emergency watershed protection measures described in Section A. This cost to the City is estimated to be SXXXXX.00. 2. Perform the works described in Section A by force account in accordance with the attached Plans of Operations, specifications furnished by NRCS, and/or specifications furnished by the Sponsor when concurred in by the NRCS. Page 2 of 6 pages Secure the NRCS State Administrative Officer or his representative's concurrence before changing the Plans of Operations. 3. Plans and specifications approved by the Sponsor's engineer must be reviewed by the NRCS prior to start of work. 4. Secure all landrights and permits necessary for completion of the work described in Section A. Certify landrights have been obtained by providing a completed copy of form NRCS-ADS-78, Assurances Relating to Real Property Acquisition. An Attorney's opinion as to the adequacy of landrights is required. 5. Accept all financial and other responsibility for excess costs resulting from its failure to obtain, or its delay in obtaining, adequate land and water rights, permits, and licenses needed for the work described in Section A. 6. Be responsible for repairing or replacing work performed by the Sponsor and found not to comply with the work requirements attached to this agreement. The Sponsor will assume all costs to repair or replace such defective work. 7. Be responsible to perform the required work with reasonable efficiencies for labor and equipment inputs. All work will be performed within industry standards as determined by NRCS for production rates based on labor and equipment inputs. In the event work is performed at an unacceptable efficiency level, the Sponsor will assume all costs for the percentage of work found by NRCS not to conform to reasonably efficient prosecution of the work. 8. Appoint an authorized representative who shall have authority to act for the Sponsor, listing their duties, responsibilities and authorities. Furnish such information in writing to the NRCS State Administrative Officer or his representative within thirty days after the effective date of this agreement. 9. Ensure that acquisition for materials necessary to carry out the works described in Section A will be in accordance with 7 CFR 3016.36, applicable state requirements, and the Sponsor's procurement regulations. 10. Secure the materials necessary to carry out the work in accordance with specifications furnished NRCS and specifications fumished by the Sponsor when concurred in by the State Administrative Officer or his representative. Protect all materials to be used in the work described in section A and maintain a current record of disbursement and use of such materials. 11. Ensure that requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. 12. Be responsible for all administrative expenses necessary to arrange for and carry out the works described in Section A. These administrative expenses include but shall not be limited to facilities, cledcal personnel, and legal Page 3 of 6 pages counsel including such attorneys deemed necessary to resolve any lega~ matters. 13. Pay suppliers, City employees, and others as required to carry out the works of improvements. 14. Submit billings for reimbursement to NRCS on Form SF-270, Request for Advance or Reimbursement, along with itemization of eligible costs incurred. A summary of costs for each budget category such as a total of each employee's hours that were worked on the project and total operating hours for each piece of equipment used to perform project work will be submitted with each request for reimbursement. 15. Receive payment under this agreement using electronic funds transfer (EFT) procedures in accordance with 31 CFR 208. EFT procedures will comply with USDA National Finance Center (NFC) requirements. 16. Maintain, as a minimum, the following data to support the Sponsor's request for reimbursement: (a) Invoices covering actual cost of materials; records showing materials actually used on the work; and disposition of excess materials. (b) Equipment operating records showing the hourly rate, hours, and dates actually used on the work. Equipment standby costs will not be subject to reimbursement. (c) Daily time records for each employee showing the name, classification, wage rate, hours, and dates actually employed on the work. 17. Employ competent personnel to carry out the work. 18. Maintain all equipment used on the work in good operating condition without cost to NRCS. Equipment shall be operated safely at all times. The Sponsors shall ensure a City approved Safety Plan is in place and their employees are familiar with the plan. 19. Comply with all applicable requirements of the Special Provisions, which are included in Attachment A to this agreement. 20. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by it under this agreement or resulting from the work provided for in this agreement. 21. Arrange for and conduct final inspection of completed works of improvement with NRCS to determine whether all work described in section A has been performed in accordance with specifications and the Plan of Operations. Page 4 of 6 pages 22. Upon determination of technical acceptability of the completed debris rernoval work described in Section A, assume responsibility for any required operation and maintenance. 23. Retain all records dealing with direct supervision, labor, equipment and materials used in the work for 3 years from the date of the completion of the work described in this agreement. Retain all records dealing with the administration of the agreement for 3 years from the date of the Sponsor's submission of the final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or 3 years, whichever is longer. Make such records available to the Comptroller General of the United States or his duly authorized representative and accredited representatives of the Depadment of Agriculture or cognizant audit agency for the purpose of making audits, examinations, excerpts, and transcripts. 24. Accept all financial responsibility for costs that exceed the amount stated in section C.1. of this agreement, or as revised concerning the total amount of NRCS financial assistance for this project as provided by a formal written amendment to this agreement prepared and approved by NRCS. C. NRCS will: 1. Provide 75 percent of the cost of construction required to install the works of improvement described in A. This cost to, NRCS will not exceed SXXXX.00 unless additional funding is made available and added by amendment. 2. Provide authorized assistance, including but not limited to obtaining basic inforrT~tion; preparation of plan of work; layout and inspection services, and quality control during performance of the work. 3. Provide the services of a Government Representative and Government Inspector, as necessary. 4. Make payment to the Sponsor for NRCS' share of the cost upon receipt and approval of Form SF-270. Payment will be made under this agreement using electronic funds transfer (EFT) procedures in accordance with 31 CFR 208. 5. Be available to conduct progress checks and participate in final inspection of the completed works to determine whether all work described in section A has been performed in accordance with the applicable requirements. D. It is mutually agreed that: 1. This agreement is effective the date it is fully executed by all parties to this agreement. The completion date for work under this agreement shall be no Page 5 of 6 pages later than XXX, 2006 unless otherwise approved by the Contracting Officer and a written amendment is executed. 2. The Contracting Officer may make adjustments in the estimated cost to NRCS set forth in C.1. for performing the works described in Section A. No adjustment shall change the cost-sharing assistance to be provided by NRCS as set forth in C.1. nor reduce funds below the amount required to provide NRCS' share of the cost. 3. This agreement may be amended by written amendment as mutually agreed by both parties. 4. The procurement of materials necessary for accomplishing the works of improvement described in Section A will not be made from the Sponsor, or firms in which any official of such organization or any member of such an official's immediate family has direct or indirect financial interest. 5. NRCS and the Texas State Historic Preservation Officer have agreed that debris removal itself would not be considered an undertaking requiring further consideration of effects to cultural resources. This exemption applies when existing access is utilized and ground disturbance is kept to a minimum. It is NRCS policy when assisting with debds removal to utilize existing access when possible and avoid any new disturbances. The NRCS representative should be notified in all cases when significant ground disturbance is unavoidable so that the area can be inspected for the presence of cultural resources. 6. In the event of default of any vendor, any excess costs collected from the defaulting vendor are to be prorated between the Sponsor and NRCS in the same ratio as funds are contributed under the terms of this agreement. 7. NRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsor has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination, reasons for the termination, together with the effective date. Payments made by or recoveries made by NRCS under this termination shall be in accord with the legal rights and liabilities of NRCS and the Sponsor. 8. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement if it is evident that a termination is pending. 9. NRCS, at its sole discretion, may refuse to cost-share should the Sponsor elect to proceed without obtaining concurrence as set out in Section B of this agreement. Page 6 of 6 pages 10. The furnishing of financial and o~her assistance by N,qC..q is contingen[ upon the continuing availability of appropriations by the Congress from which payment may be made shall not obligate NRCS upon failure of the Congress to so appropriate. 11. No Member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 12. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 13. The State Conservationist is authorized to execute on behalf of NRCS amendments to this agreement that do not change the scope of the work to be performed. City of Port Arthur This action authorized at an official meeting of the City of Port Arthur, Jefferson County on the __ day of ,2006, By: at ., State of Texas. Title: Date: (Signature) (Title) United States Department of Agriculture Natural Resources Conservation Service By: Title: State Conservationist Date: EXHIBIT "B" EWP: City of Orange AGREEMENT NO.: 69-7442-6- UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT THIS AGREEMENT, made this day of ,2006, by and between the City xxxxxxxxxxxCounty, Texas, called the Sponsor and Contracting Local Organization; and the Natural Resources Conservation Service, United States Department of Agriculture, called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agdculturel Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards created by natural disasters that cause impairment of a watershed. NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following described works of improvement to be performed shall not exceed an estimated total cost of SXXXXXXXXXXXXXXXXXX 1. Works of improvement shall consist of removal and disposal of vegetative and construction/demolition debds determined to pose a safety or health dsk from municipal easements and rights-of-ways within the City of Orange. Work site is identified by the Damage Survey Report: Oran-Ci-01-06. The estimated cost of the repairs shall not exceed SXXXXXXX. 2. The Sponsor shall conduct this work as the local contracting organization and the work shall be performed in accordance with the specifications and drawings submitted by the Sponsor and approved by the NRCS. The City shall Dertorm aualitv control to ensure work is completed in accordance with designs as approved by NRCS. B. The Sponsor will: 1. Provide 25% of the cost of constructing works of improvement described in A.1. This cost to the Sponsor is estimated to be XXXXXX. 2. The Sponsor shall be conducting this work as the local contracting organization. The Sponsor shall provide a primary contact point for NRCS consults and assign a Contracting Officer per NRCS procurement policy. Regarding contracting questions the Sponsor should consult with the NRCS contracting officer. For all other technical and programmatic questions, the lead engineer should be contacted. Following completion of work under a specific contract the NRCS and the Sponsor shall jointly certify completion and final acceptance. 3. Appoint a Contracting Officer and an authorized representative who shall have authority to act for the Contracting Officer, listing their duties, responsibilities, and authorities. Furnish such information in wrfting to the NRCS State Conservationist, Attention: KathJeen Pinckney, Contracting Officer, 101 S Main Street, Temple, Texas 76501. 4. Contract for the works of improvement described in Section A. in accordance with 7 CFR 3016.36, applicable state requirements, and the Sponsor's procurement regulations. Prepare all contractual documents and perform all work in a manner to easily sec~re.qate NRC, S cost-shared items from items of work the Sponsor performs in-kind contributions. 5. The Sponsor shall provide a Quality Assurance Plan (QAP) to the NRCS Contracting Officer for review and approval pdor to performing the works of improvement. The Plan will document cdtical elements that need to be inspected, supervised and extent of inspection to be performed. The plan will name an inspector, provide the inspector's qualifications and describe the inspector's duties and responsibilities. The inspector shall be approved by the sponsor's engineer, work under the direction of the engineer and meet NRCS concurrence. 6. The Engineering Firm or Sponsor's Quality Assurance Firm shall on a weekly basis provide to the NRCS Government Representative reports on the construction to include copies of daily inspection reports and activities occurring with the project. These reports shall indicate relevant technical issues, status of construction, list of materials incorporated in the works of improvement, details on any problems encountered, and information regarding any field changes. These reports shall be provided on Monday of the followinR week of construction and be siRned and dated by the inspector. NRCS will provide its own quality assurance reviews to ensure project compliance to program requirements. 7. The Sponsor shall perform quality control to ensure work is completed as designed and as approved by the NRCS. Any changes or modifications to designs that adse dudng construction shall be by written change order and executed by the sponsor and contractor prior to start of work. All change orders shall be reviewed and approved by the NRCS Govemment Representative before the start of work. Any variances without NRCS approval will not be eligible for cost share. 8. The Sponsor shall ensure that requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. This shall include a written determination of environmental review and the applicability of all relevant permits, including but not limited to the Clean Water Act, Endangered Species ACt and the 404 permit requirements of the Corps of Engineers. 9. Provide certification that real property dghts have been obtained for installation of the works of improvement described in Section A. Certification will be provided on Form NRCS-ADS-78, Assurances Relating to Real Property Acquisition. An Attomey's opinion as to the adequacy of real property rights is required. 10. Accept all financial and other responsibilities for excess costs resulting from their failure to obtain, or their delay in obtaining, adequate land and water rights, permits, and licenses needed for the works of improvement described in A. 11. The following individual is designated as the liaison between the sponsor and NRCS: Director of Public Works XXXX~, TX 77630 Page 2 Phone: 409-XXXXXXXX City EIN# 12. Be responsible for all administrative expenses necessary to arrange for and carry out the works of improvement described in Section A. These administrative matters include but shall not be limited to facilities, clerical expenses, and legal counsel, including the fees of such attorney or attorneys deemed necessary by NRCS to resolve any legal matters. 13. Comply with the applicable requirements in Attachments A and B to this agreement and ensure that all contracts for construction of the works of improvement described in Section A. 1 include the provisions contained in Attachments A and B to this agreement. 14. It will be the responsibility of the Sponsor and the Sponsor's engineer to obtain any and all permits required for construction. This shall include meeting the requirements of the TCEQ's Texas Pollution Discharge Elimination System (TPDES) program having Federal regulatory authority. If required, a Storm Water Pollution Prevention Plan shall be provided for prior to the start of construction and maintained during construction according to TCEQ permit requirements. 15. To ensure compliance with environmental and cultural resource laws the Sponsor must notify the NRCS of any changes or modifications in the planned construction and of any discovery of cultural resources during construction. The Sponsor shall provide copies of site maps to requesting Federal and State agencies for environmental or cultural review. 16. Ensure that requirements for a written release from the contractor of all claims against the Sponsor adsing by virtue of the contract, other than claims in stated amounts as may be specifically excepted by the contractor, be incorporated into the terms of the construction contract and is a condition for final payment to the contractor. 17. Pay the contractor as provided in the contract(s). Submit billings for reimbursement of incurred costs to NRCS on Form SF-270, Request for Advance or Reimbursement. The request will be supported by documentation that will permit NRCS to reasonable assure itself that such costs were necessary, adequately documented, and incurred for the NRCS cost-shared items of work described in Section A. 18. Receive payment under this agreement using electronic funds transfer (EFT) procedures in accordance with 31 CFR 208. EFT procedures will comply with USDA National Finance Center (NFC) requirements. 19. Dispose of all claims resulting from the contract; secure prior written concurrence of the NRCS State Conservationist if NRCS funds are involved. 20. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract awarded under this agreement. This includes, but is not limited to disputes, claims, pretests of award, source evaluation, and litigation that may result from the project. Such actions will be at the expense of the Sponsor, including any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any litigation matters in which NRCS could have a financial interest. 21. To the extent of its legal authority, hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. 22. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with the contract, or upon request of NRCS, assign and transfer to NRCS any Page 3 of 6 or all claims, demands, and causes of action of every kind whatsoever which the Contracting Loca~ Organization has against the contractor or his or her sureties. 23. Arrange for and conduct final inspection of completed works of improvement with NRCS to determine whether all work has been performed in accordance with contractual requirements. Secure wdtten concurrence of the State Conservationist before notifying the contractor of the acceptance of the job. 24. Upon completion and acceptance of all work and as provided by the terms of the contract, obtain a written release from the contractor of all claims against the Contracting Local Organization arising by virtue of the contract, other than claims in stated amounts as may be specifically excepted by the contractor. Upon acceptance of the work from the contractor(s), assume responsibility for operation and maintenance. 25. Retain all records dealing with the award and administration of the contract for 3 years from the date of the Contracting Local Organization's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year pedod, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions. C. NRCS will: 1. Provide 75% of the cost of construction of the works of improvement described in Section A. 1. This cost to NRCS is estimated to be SXXXXXXXX. 2. Provide authorized assistance such as estimates of contract costs, length of contract period, results of tests and studies as available, site investigations. Review and concur with construction plans as identified in Section B. 6 of this agreement. The NRCS will provide written opinion of the submittals to the Sponsor for their action and consideration. At no time will the NRCS bear liability for the design or make changes without consultation of the responsible design engineer. 3. Consult with the Sponsor as needed in preparing the invitation for bids and awarding and administering the contract. 4. The following individual is designated as the Government Representative between the Sponsor and NRCS: Hank Wiederhold, Civil Engineer Nacogdoches Field Office 4609 Northwest Stallings Ddve Nacogdoches, TX 75964-1449 Phone: (936) 564-5891 x114 5. Be available to conduct progress checks and participate in final inspections. 6. Make payment to the Sponsor covedng the NRCS' share of the cost upon receipt and approval of Form SF-270. Page 4 of 6 D. It is mutually agreed that: 1. This agreement is effective the date it is fully executed by all parties to this agreement. This agreement shall become null and void on XXXXX, 2006 if a contract has not been awarded. The completion date for work under this agreement shall be no later than August 18, 2006 unless otherwise approved by the Contracting Officer and a written amendment is executed. 2. The contracts for design services and for constructing the work described in Section A will not be awarded to the Sponsor or to any firm in which any Sponsor official or any member of such official's immediate family has direct or indirect interest in the pecuniary profits or contracts of such firms. 3. The Sponsor shall provide a copy of the draft solicitation, scope of work and detail of work limits for the project area to NRCS for programmatic review. The design plans shall be reviewed and approved by the Sponsor pdor to submittal to NRCS. The design package and Quality Assurance Plan (QAP) shall be submitted to NRCS two weeks pdor to solicitation for review and approval. 4. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in C. 1. for constructing the works of improvement. Such adjustments may increase or decrease the amount of estimated funds that are related to differences between such estimated cost and the amount of the awarded contract or to changes, diffedng site conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment is to change the cost shadng assistance to be provided by NRCS as set forth in C.1. nor reduce funds below the amount required to carry out NRCS' share of the contract. 5. This document may be revised as mutually agreed through a wdtten amendment duly executed by authorized officials of all signatory parties to this agreement. 6. In the event of contractor default, any additional funds propedy allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the Contracting Local Organization and NRCS in the same ratio as construction funds are contributed under the terms of the agreement. 7. Additional funds including interest propedy allocable as construction costs as determined by NRCS, required as a result of a court judgment in favor of the contractor will be provided in the same ratio as construction funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any agreement or commitment made by the Sponsor without pdor concurrence of NRCS. 8. NRCS may terminate this agreement in whole or in part if it is determined by NRCS that the Sponsor has failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in wdting of the determination and reasons for the termination, together with the effective date. Payments made by or recoveries made by NRC, S under this termination shall be in accord with the legal dghts and liabilities of NRCS and the Sponsor. 9. This agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. Page 5 of 6 10. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in acirninistering the contract, elect to proceed without obtaining concurrence as set out in Section B of this agreement. 11. The furnishing of the administrative and technical services by NRCS is contingent upon the continuing availability of appropriations by the Congress from which payment may be made and shall not obligate NRCS if the Congress fails to so appropriate. 12. The program or activities conducted under this agreement will be in compliance the nondiscrimination provisions contained in the Titles VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes: namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Agriculture or any agency thereof. XXXXXXXXXX This action authorized at an official meeting of the City of XXXX, on the __ day of 2006, at the City XXXXXXXX, TX. By: Title: (Signature) Date: (Title) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Title: State Conservationist Date: Page 6 of 6