HomeMy WebLinkAboutContract 48529 ��1.`� 5 6 7 890, CITY SECRETARY
/ , CONTRACT NO.
ICL
STANDBY AGREEMENT FOR THE COLLECTION OF DISASTER DEBRIS
! This STANDBY AGREEMENT for the collection of disaster debris("Agreement")is made and
�` entered into-by and between the CITY OF FORT WORTH (the "City"), a home rule municipal
0!s-r,corporatio� 'situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through
"Yernando Costa, its duly authorized Assistant City Manager, and TAG Grinding Services, Inc.
("Contractor"), a Corporation and acting by and through-� 'ff rJts duly
authorized r^IZZ, , each individually referred to as a"party" and collectively referred to as the
"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1)This Agreement plus all attachments listed below, which are attached hereto and incorporated herein for
all purposes incident to this Agreement:
A Exhibit A—Scope of Services
B. Exhibit B —Fee Schedule
2) City of Fort Worth Request for Proposals ("RFP") No. 16-0132, which is incorporated herein by
reference for all purposes incident to this Agreement; and
3)Vendor's response to that proposal("Response")dated March 31,2016,which is incorporated herein by
reference for all purposes incident to this Agreement.
In the event of any conflict between the documents, the terms and conditions of this Agreement plus all
attachments shall control.The term"Consultant"or"Contractor"shall include the Consultant or Contractor,
and its officers,agents,employees,representatives,servants,contractors or subcontractors.The term"City"
shall include its officers, employees, agents, and representatives.
1. GENERAL
1.1 Upon occurrence of an emergency response or disaster,the Contractor hereby agrees to provide
the City, in accordance with appropriate professional standards, an evaluation of the scope of
the disaster,project cost estimate with a not to exceed dollar amount to provide a full range of
Disaster Debris Collection and Processing services, as outlined in Exhibit "A." Upon written
notice to proceed, the Contractor agrees to provide such services.
1.2 City and Contractor both recognize and acknowledge the professional nature of this
Agreement.Being cognizant that issues of interpretation and performance will inevitably arise,
both parties agree to consult with each other and covenant to negotiate in the utmost good faith
in order to ensure performance of this Agreement without hindrance.
1.3 In no event shall the Contractor engage in the collection or disposal of the City's residential
garbage and recycling services.
2. TERM.
2.1 The term of the Agreement will commence upon the last date that both the City and Contractor
have executed this Agreement(the"Effective Date")and shall conti ct
Standby Agreement,TAG Grinding Services, Inc. OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
until September 30, 2021, unless terminated earlier in accordance with the provisions of this
Agreement.
2.2 City shall have the sole right to renew this Agreement for one(1)additional five-year term. If
City desires to exercise an option to renew, City shall notify Contractor in writing of its
intention to renew at least 60 days prior to the end of the then-current term. Compensation to
be paid during any option term shall be the same as that provided for in the Initial Term.
3. COMPENSATION.
Upon issuing a Notice to Proceed,the City shall pay Contractor in accordance with the provisions
of this Agreement and the Fee Schedule attached as Exhibit`B," which is incorporated for all purposes
herein. Contractor shall not perform any additional services for the City not specified by this Agreement
unless the City requests and approves in writing the additional costs for such services. The City shall not
be liable for any additional expenses of Contractor not specified by this Agreement unless the City first
approves such expenses in writing. If the City hires a monitoring firm to help oversee the debris removal
process, the monitoring firm represents the City. This means any eligibility call or classification that the
monitoring firm makes on debris,the City will stand behind and commit to payment.
4. TERMINATION.
4.1. Written Notice.
The City or Contractor may terminate this Agreement at any time and for any reason by
providing the other party with 30 days written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period
for any payments due hereunder, City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the City shall
pay Contractor for services actually rendered up to the effective date of termination and
Contractor shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any
existing or potential conflicts of interest related to Contractor's services under this Agreement. In the
event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby
agrees immediately to make full disclosure to the City in writing. Contractor, for itself and its officers,
agents and employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written approval
of the City. Contractor shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access,modify,delete or otherwise corrupt City Information in any way. Contractor
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shall notify the City immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised.
6. RIGHT TO AUDIT
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, have access to and the right to examine at reasonable times any directly pertinent
books,documents,papers and records of the Contractor involving transactions relating to this Contract at
no additional cost to the City. Contractor agrees that the City shall have access during normal working
hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this section. The City shall give Contractor
reasonable advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of
intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor
as to all rights and privileges granted herein, and not as agent, representative or employee of the City.
Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have
the exclusive right to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers,agents,servants,employees,contractors and subcontractors. Contractor
acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers,
agents, servants and employees, and Contractor,its officers, agents,employees, servants,contractors and
subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Contractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY-CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
8.2. INDEMNIFICATION- CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND
HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS,
AND EXPENSES OFANYKIND,INCLUDING,BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY(INCLUDING DEATH), THAT MAY RELATE TO,ARISE OUT
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OF, OR BE OCCASIONED BY (I) BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT BY CONSULTANT,ITS OFFICERS,AGENTS,
ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY) OR SUBCONTRACTORS; OR (II)ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, SERVANTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS
AGREEMENT; THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF
CITY OR ITS OFFICERS,AGENTS,EMPLOYEES, OR SEPARATE CONTRACTORS.
IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILITY,IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE
CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS
OF TEXAS.
8.3 SUBCONTRACTORS - CONTRACTOR SHALL REQUIRE ALL OF ITS
SUBCONTRACTORS AND ASSIGNEES TO INCLUDE IN THEIR SUBCONTRACTS
OR ASSIGNMENTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE. THIS SECTION SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees
to be bound by the duties and obligations of Contractor under this Agreement.The Contractor and Assignee
shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor
referencing this Agreement under which the subcontractor shall agree to be bound by the duties and
obligations of the Contractor under this Agreement as such duties and obligations may apply. The
Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
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(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Contractor, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle"shall be any vehicle owned, hired and non-owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.)and minimum policy limits for Employers' Liability of$100,000
each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
(d) Professional Liability(Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to the City to evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work
pursuant to this Agreement.All policies except Workers' Compensation shall be endorsed
to name the City as an additional insured thereon,as its interests may appear. All policies
shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth.The term
City shall include its employees, officers, officials, agent, and volunteers in respect to the
contracted services. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement. A minimum of
thirty(30)days' notice of cancellation or reduction in limits of coverage shall be provided
to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto Contractor's insurance policies.Notice shall
be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas
76102, with copies to the City Attorney at the same address.
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12. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Contractor agrees to comply with all applicable federal, state and local laws, ordinances,rules and
regulations. If the City notifies Contractor of any violation of such laws, ordinances, rules or regulations,
Contractor shall immediately desist from and correct the violation.
13. LICENSES,PERMITS AND FEES
Contractor agrees to obtain and pay for all licenses, permits, certificates, inspections and all
governmental approvals and other fees required by applicable law or otherwise necessary to perform the
services prescribed hereunder.
13. NON-DISCRIMINATION COVENANT.
Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination
covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest,
Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless
from such claim.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To The CITY: To CONTRACTOR:
City of Fort Worth
Attn: Fernando Costa TAG Grinding Services,Inc.
1000 Throckmorton Street 1750 Powder Springs Road, Suite 190
Fort Worth TX 76102-6311 Marietta, GA 30064
Facsimile: (817) 392-8654 Facsimile: (770) 672-6775
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
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17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If
any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue
for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including, but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,material or labor restrictions
by any governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed
a part of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed
by an authorized representative and delivered on behalf of such party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. HOURS OF OPERATION
The hours of operation for temporary debris reduction site(TDRS) operations will be safe
daylight hours Monday-Sunday. This includes any operations of removing debris from ROW or ROE to
a final disposal site. If the TDRS is a regularly operated landfill and the landfill is used as a TDRS, the
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site will be open for debris removal, reduction and/or disposal operations 24 hours a day under safe
conditions Monday-Sunday or up to approved permitted allowances. The TDRS sites may be operated
24 hours a day under safe conditions for reduction of debris purposes.
25. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party,and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on
this warranty and representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
Standby Agreement,TAG Grinding Services, Inc,Page 8 of 33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this,, day
Of 7�"�" - ;7,/-, . ' , 2016.
CITY OF FORT WORTH: TAG GRINDING SERVICES,INC.
By- By:
Fernando Costa
Assistant City Manager
Date: /Z
b-_n Date:—�l I5 f lu
ATTEST:
ATTEST:
By: y OF F
it S ar C
APPROVED AS TO FORM AND
LEGALITY: S
By. /i
$e Assistant City At-t6ruey
CONTRACT AUTHORIZATION:
M&C: � 7
Date Approved: 10
OFFICIAL RECORD
CITY SECRETARY
Standby Agreement, TAG Grinding Services, Inc, Page 9 of 33 FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
Contractor will provide services for disaster debris removal, reduction, disposal and other emergency
cleanup services following a disaster event. Contractors shall have sufficient experience in the specialized
management of disaster response and recovery operations for the purposes of debris removal services, and
the preparation, response and recovery phases of any emergency situation or disaster. Contractors shall
have the capacity and ability to rapidly mobilize and respond to potential wide-scale debris volumes as
generated by a hurricane, as well as localized small-scale volumes typical of a tornado or ice storm. These
services will not be authorized until such time as a Notice to Proceed has been issued;typically in response
to a natural or manmade disaster. Services may include, but are not limited to:
• Annual Coordination Meeting
• General Operations
• Daily Reporting and Coordination
• Equipment Forms
• Emergency Road Clearance
• Right of Way(ROW)/Public Property Debris Removal
• Hazardous Stump, Tree and Hanging Limb Removal
• Right-of-Entry Debris Removal
• Temporary Debris Management Site Operations
• Debris Reduction/Grinding Processing
• Debris Disposal/Recycling
• Hazardous or Toxic Waste Removal and Disposal
• Material Burning/Incineration
The City, at its sole discretion,may elect to perform work with force account or additional contract forces.
1. Annual Coordination Meeting
The successful Contractor(s) shall be required to attend a one day annual disaster coordination and
planning meeting at no cost to the City.
2. General Operations
The Contractor shall be responsible for performing the debris removal and debris management services
as requested by the City. The designated area for debris removal is bounded by the City limits and
includes public property and ROW, City parks and City debris management areas within the
incorporated areas of the City and may include private segments within the jurisdictional boundaries of
the City.
The Contractor may be tasked with debris clearance and removal from Federal Highway Administration
(FHWA) federal aid eligible roads. In this event, the Contractor shall be required to provide crews
separate from those providing City ROW debris clearance and removal services.
Contractor shall be required to follow all eligibility requirements and guidance as established by the
FHWA Emergency Relief program for federal aid eligible roads. Completion of FHWA Form 1273,
Required Contract Provisions Federal-Aid Construction Contracts, shall be required of the Contractor.
Professional Services Agreement, TAG Grinding Services,Inc., Page 10 of 33
The Contractor shall provide project management and coordination recovery activities necessary to
assist the City in fulfilling the requirements of federal reimbursement agencies.
The Contractor shall conduct work so as not to interfere with the disaster response and recovery
activities of federal, state, county and City governments or agencies or of any public utilities.
The Contractor shall implement a "clean as you go" policy to ensure all debris is cleared from the
loading site before moving to the next loading site.
The Contractor shall report and provide documentation to the City or authorized representative for all
incidents such as, but not limited to, oil spills, fuel leaks, hydraulic fluid leaks, chemical spills and
similar environmental quality issues. The Contractor shall cleanup or remediate the incident, as
necessary,properly disposing of the materials in compliance with the applicable federal,state,and local
regulations.
• Private Work: The Contractor and subcontractors shall be prohibited from performing
private work in the City of Fort Worth while actively engaged in delivering services under
this Contract.
• Property Damages: The Contractor shall repair any damages caused by Contractor's or
subcontractor's equipment in a timely manner at no expense to the City. If there is
disagreement between a resident and Contractor as to the repair of damages, the City shall
decide and make the final determination on the repair.Failure to restore the damaged public
or private property to the satisfaction of the City will result in the City withholding
retainage money or invoicing the Contractor for time and material costs associated with
resolving issues or damages related to the Contractor's work.
3. Daily Reporting and Coordination Meetings
The Contractor shall submit a daily report providing the number of crews operating, the number and
types of equipment operating, the total cubic yards (or tons) collected by debris type, the total cubic
yards reduced, and the total cubic yards transported to final disposal. This report shall include the
number of crews operating for the current day. This report shall be submitted to the Contract
Administrator each day for the previous day. The Contractor shall also provide an updated map of the
locations where debris collection crews operated to relate the progress of operations. The Contractor
shall work with the City's GIS department to input data that is compatible with the City's GIS system.
The Contractor shall participate in daily coordination meetings with the City departments involved in
the response and recovery operations.
4. Equipment
The Contractor shall provide sufficient and qualified staff and the necessary equipment to rapidly
remove and lawfully dispose of all disaster-related debris.
The Contractor shall ensure that all equipment and vehicles utilized in the City's debris operations
remain in good working condition.
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The Contractor and its subcontractors shall operate all equipment and vehicles in compliance with all
applicable federal, state,and local rules and regulations.
The Contractor shall present all vehicles utilized to haul debris to the City,or authorized representative,
for measurement (inside bed measurements) to calculate and certify the volumetric capacity of said
vehicle.
All certified Contractor or subcontractor vehicles shall display a placard,displayed on the driver's side
of the vehicle, which states the City of Fort Worth, the vehicle's assigned and unique number and the
certified cubic yard capacity of said vehicle.
Any truck used to haul debris shall be capable of rapidly unloading its load without the assistance of
other equipment, be equipped with a tailgate that will effectively contain the debris during transport
and permit the truck to be filled to capacity.
Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and
regulations,cover the front and both sides and are constructed in a manner to withstand severe operating
conditions. The sideboards shall be constructed of two (2) inch by six (6) inch boards or greater and
shall not extend more than two (2) feet above the metal bedsides. Trucks or equipment certified with
sideboards shall maintain such sideboards and keep them in good repair.In order to ensure compliance,
equipment will be inspected by the City's authorized representatives prior to its use by the Contractor
and subcontractors.
Debris shall be reasonably compacted into the hauling vehicle. Any debris extending above the top of
the bed shall be secured in place so as to prevent it from falling off. Measures shall be taken to avoid
the debris from blowing out of the hauling vehicle during transport to a City-approved TDSRS or final
disposal site.
Equipment used shall be rubber tired and sized properly to fit loading conditions. Excessive sized
equipment(100 cubic yards and up) and non-rubber tired equipment must be approved prior to use on
the road by the City's Contract Administrator.
All loading equipment shall be operated from the road, street or rights-of-way using mechanized
loading devices such as,buckets and/or boom and grapple devices,to collect and load debris.
No equipment shall be operated outside the public rights-of-way, unless directed by the City.
Should operation of equipment be required outside of the public rights-of-way the City will provide a
Right of Entry agreement.
Hand-loaded vehicles are prohibited unless pre-authorized, in writing, by the City's Contract
Administrator following the event. All hand-loaded vehicles will receive an automatic fifty percent
(50%) deduction for lack of compaction.
5. Forms
Truck Certification Forms, as approved by the City, shall be provided by the Contractor for
documenting and recording the actual physical, inside measurement and volume capacity, including
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any volume adjustments, deductions or comments of each truck, trailer, or other hauling equipment
used to conduct the City's debris removal and hauling operations. In the event that the unit price is by
weight, the tare weight shall be recorded on the Truck Certification Form.
The Truck Certification Form shall also document the date,license plate,driver information,insurance
information, a brief description and photograph of the vehicle.
Truck certifications shall be performed by the City or authorized representative in the presence of the
Contractor or their designated representative.The forms shall be signed and dated by both parties.
Truck Placards,as approved by the City,shall be provided by the Contractor and attached to the driver's
side of each vehicle transporting debris and shall display the following information.
• City of Fort Worth
• Contractor Name
• Unique identification number assigned to the vehicle
6. Certified cubic yard capacity of the vehicle(or tare weight)
Information displayed on the Truck Placard shall be written in permanent maker.
The Contractor shall submit to the City, within thirty (30)days upon Notice to Proceed, a Vehicle and
Equipment List, which contains the following information.
• Contractor Name
• Certified cubic yard capacity of the vehicle(or tare weight).
• Unique identification number assigned to the vehicle.
• Make/Model of the vehicle.
• License plate number.
• Other information as required by the City for the purpose of monitoring and inspecting
performance.
Load tickets,as approved by the City,shall be provided by the Contractor for recording the volumes of
debris removed and hauled to a TDSRS or final disposal site. Each load ticket shall consist of a five
part carbon paper ticket (one original and four copies). Each load ticket shall be pre-printed and
sequentially numbered and capable of documenting the following data:
• Contract Owner Name
• Prime and Subcontractor Name
• Date
• Truck Number
• Certified Capacity(Cubic Yards or Tons)
• Driver's Name
• Type of Debris Collected: Vegetative, Construction and Demolition (C&D), White Goods,
Other,etc.
• Load Location (Address of pick-up)
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• Work Zone
• Loading Date and Time
• Loading Site Monitor Name and Signature
• Load Size (Estimated Percentage of Cubic Yards or Tons)
• Unloading Site Location
• Unloading Date and Time
7. Unloading Site Monitor Name and Signature
The City's authorized representative shall complete the applicable portion of a load ticket at the load
site and provide four (4) copies to the vehicle driver. Upon arrival at the TDSRS or authorized final
disposal site,the vehicle driver shall present the five(5)copies of the load ticket to the City's authorized
representative at the tower. A visual inspection will occur to determine the estimated debris quantity
(or tons, if scales are available) contained in the vehicle for documentation. The City's authorized
representative shall sign the load ticket.
The City's authorized representative shall provide a completed copy to the driver, the Contractor
representative, and the City for project files.
Mulch or processed/ground debris shall be documented following the same load ticket procedures.
Construction and Demolition debris transported to disposal shall be documented following the same
load ticket procedures.
6. Hot Spot Crews
The Contractor shall be required to provide the City with "hot spot" crews, which will respond
immediately, as directed by the City or authorized representative, to collect and haul priority debris
piles which impact the public's health, safety or welfare.
7. Work Hours
The Contractor shall conduct debris removal operations generating noise levels above that normally
associated with routine traffic flow, during daylight hours only. Work shall be performed seven (7)
days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated
between the City and Contractor. Unless otherwise directed, the Contractor shall be capable of
conducting debris reduction operations at the TDSRS locations on a twenty-four (24) hour, seven (7)
days a week basis.
8. Ownership of Debris&Material Management Planning
All debris located in the City ROW and City provided TDSRS locations shall be the property of the
City until final disposal at an authorized and permitted disposal site or transported to either a recycling
facility for processing or an approved brush management operation for either mulching or composting.
The Contractor shall work with the City to develop a specific material management plan depending on
the nature of the event. The material management plan shall identify: which TDSRS will be opened,
what materials are to be sent to a TDSRS,what materials will be recovered for recycling,what materials
will be directed to either a construction/demolition landfill or a municipal solid waste landfill.
Professional Services Agreement, TAG Grinding Services,Inc., Page 14 of 33
9. Emergency Debris Road Clearance
Upon receiving the Notice to Proceed for this Contract element, the Contractor shall provide all labor,
equipment, fuel and associated costs necessary to clear and remove debris by cutting, tossing and/or
pushing of debris from the priority roadways, as identified by and directed by the City. As per FEMA
rules and regulations, this phase of operations, conducted under a time and materials rate, shall be
capped at no more than seventy (70) working hours following the Notice to Proceed. The Contractor
exceeds the seventy (70)hour cap at its own risk.
9.1 The Contractor shall assist the City and its representatives in ensuring proper documentation
of emergency road clearance activities.City personnel or authorized representative shall verify
the equipment used, operators, hours of operation (start and end times), and shall require the
locations of work performed. Services performed under this Contract element will be
compensated using the Contractor's Price Proposal(Exhibit B).
9.2 Should the City authorize emergency debris clearance on FHWA federal aid eligible roadways,
the Contractor shall invoice these costs separately from FEMA eligible roadways.
10. Right-of-Way(ROW) Vegetative Debris Removal
The Contractor shall provide all labor,materials,equipment,tools,traffic control,signage and any other
incidental items; to collect and remove eligible disaster debris from the City's ROW and transport
eligible disaster related vegetative debris to a City-approved debris management site (TDSRS) or to a
City-designated final disposal site in accordance with all federal, state, and local rules and regulation.
10.1 The Contractor shall only remove eligible vegetative debris which is placed within the City's
ROW.
10.2 All eligible debris will be removed from each loading site before proceeding to the next loading
site.
10.3 The City or its authorized representative shall document the load by means of the load ticket.
10.4 All eligible vegetative debris loads shall be transported to the City's TDSRS or approved final
disposal facility.
10.5 Entry onto private property for the removal of eligible disaster related debris will be permitted
only by written authorization of the City. The City will provide the right-of-entry(ROE) legal
and operational procedures.
11. ROW Construction and Demolition (C&D)
The Contractor shall provide all labor,materials,equipment,tools,traffic control,signage and any other
incidental items to collect and remove eligible disaster debris from the City's ROW and transport
eligible disaster related C&D debris to a City approved debris management site (TDSRS) or to a City
designated final disposal site, in accordance with all federal, state, and local rules and regulations.
11.1 The Contractor shall only remove eligible C&D debris which is placed within the City's ROW.
Professional Services Agreement,TAG Grinding Services,Inc.,Page 15 of 33
11.2 All eligible C&D debris shall be removed from each loading site before proceeding to the next
loading site.
11.3 The Contractor shall,to the extent possible,keep C&D materials separate from other debris,so
that loads are primarily of similar materials.
11.4 The City or its authorized representative shall document the load by means of the load ticket.
11.5 All eligible C&D debris loads shall be transported to the City's TDSRS or approved final
disposal facility.
11.6 Entry onto private property for the removal of eligible disaster related debris will be permitted
only by written authorization of the City. The City will provide the right-of-entry(ROE)legal
and operational procedures.
12. Multiple Passes
The City may require multiple passes to remove the disaster debris from the public rights-of-way
(ROW) and public facilities, private property or ROW — as authorized by the City. The number of
passes conducted will be authorized in writing by the City based upon debris assessments.
13. Removal of Eligible Hazardous Stumps
The Contractor shall provide all labor,materials,equipment,tools,traffic control,signage and any other
incidental items to collect and remove eligible hazardous stumps from the City's ROW as follows:
13.1 The Contractor shall extract or remove only stumps which meet the following eligibility criteria
and are authorized by the City or its designated representative.
• The stump shall be greater than twenty-four(24)inches in diameter,measured twenty four
(24)inches from the base.
• The stump root ball is exposed by 50 percent or greater.
• The stump is located in the ROW or on improved public property and poses a danger to
the public's health and safety.
13.2 The City or authorized representative shall measure and document the stump prior to removal,
through photographs, GPS coordinates, physical address/location and other relevant
information which verifies the hazard posed by the stump.
• Hazardous stumps which meet the eligibility criteria and have been documented following
the described procedures, shall be eligible for unit pricing.
• Costs for the removal of hazardous stumps shall be invoiced separately.
• The Contractor shall be required to fill the cavity left by the excavation process with clean
fill dirt in the quantity documented by the City or the City's authorized representative.
Professional Services Agreement,TAG Grinding Services,Inc.,Page 16 of 33
• The eligible hazardous stump shall be transported to the City's TDSRS or to the City's
designated final disposal site.
• Stumps measuring less than twenty-four(24)inches in diameter, which require extraction,
shall be converted to a cubic yard measurement by the conversion table included in the
FEMA DAP 9523.11 Hazardous Stump Extraction and Removal Eligibility policy.
• Stumps,which are placed on the ROW by others, shall not be eligible for hazardous stump
unit pricing. Stumps placed on the ROW by others shall be treated as vegetative debris and
reimbursable at the vegetative debris unit pricing.
• Stumps that have less than 50 percent of the root ball exposed shall be flush cut at the
ground and the cut portion included with regular vegetative debris.
14. Removal of Eligible Hazardous Trees (Leaners)
The Contractor shall provide all labor, materials,equipment,tools,traffic control, signage and any
other incidental items; to collect and remove hazardous trees (leaners) from the City's ROW and
improved public property which pose a threat to life,public health and safety as follows:
14.1 The Contractor shall remove only Hazardous Trees(Leaners)which measure six(6)inches
or greater measured at diameter breast height(DBH) of 4.5 feet from the ground and meet
one (1) or more of the following criteria and are authorized by the City or its designated
representative:
• The hazardous tree has more than fifty(50)percent of its crown damaged or destroyed.
• The trunk is split or has broken branches which expose the heartwood.
• The hazardous tree is leaning at an angle greater than thirty (30) degrees and the
direction of the leaning tree threatens public or improved property.
14.2 The City or authorized representative shall measure and document the hazardous tree prior
to removal, through photographs, GPS coordinates, physical address/location and other
relevant information which verifies the hazard posed by the hazardous tree.
• The hazardous tree shall be flush cut at the ground and transported to the City's TDSRS
or to the final disposal site.
• Hazardous trees which meet the eligibility criteria and have been documented
following the described procedures shall be eligible for unit pricing.
• Costs for the removal of the hazardous trees shall be invoiced separately.
Professional Services Agreement,TAG Grinding Services,Inc.,Page 17 of 33
15. Removal of Eligible Hazardous Limbs (Hangers)
15.1 The Contractor shall provide all labor, materials, equipment, tools, traffic control, signage
and any other incidental items; to remove and collect eligible hazardous limbs (hangers)
from the City's ROW and improved public property which pose a threat to life, public
health and safety.
15.2 The Contractor shall remove only hazardous limbs (hangers) which meet the following
eligibility criteria and are authorized by the City or its designated representative:
• The hazardous limb shall measure two (2) inches in diameter or greater at the break
point.
• The hazardous limb must pose an immediate threat to life, public health or safety or
poses an immediate threat of significant damage to improved property.
• The hazardous limb is still hanging in the tree above public property (ROW) or
improved public property.
• The City or authorized representative shall measure and document the hazardous limb
prior to removal,through photographs,GPS coordinates,physical address/location and
other relevant information which verifies the hazard posed by the hazardous limb.
• The eligible hazardous limb shall be cut at the closest main branch junction.
• The eligible hazardous limb shall be placed in the ROW, collected and hauled to the
City's TDSRS or to the final disposal site.
• If the hazardous limb does not extend over public property, that limb is not eligible.
• Costs for the removal of hazardous limbs shall be invoiced separately.
16. Household Hazardous Waste(HHW) Removal
The Contractor shall provide all labor,equipment, fuel, traffic control costs and other associated costs
necessary for the removal,transportation,and disposal of eligible HHW from the ROW to an authorized
household hazardous waste or hazardous waste facility.
The removal,transportation,and disposal of eligible HHW includes obtaining all necessary local,state,
and federal handling permits and operating in accordance with all rules and regulations of local, state,
and federal regulatory agencies.
All HHW shall be managed as hazardous waste and disposed of at a permitted hazardous waste facility.
Eligible HHW shall be documented by means of a load ticket by the City or its authorized
representative.
Professional Services Agreement, TAG Grinding Services, Inc., Page 18 of 33
17. ROW White Goods Removal
The Contractor shall provide all labor, equipment, fuel, traffic control costs and other associated costs
necessary for the removal, transportation, and disposal/recycling of eligible white goods from the
ROW.
White goods containing refrigerants,oils, and similar substances, shall be removed from the ROW and
loaded onto a vehicle, so as to prevent such materials from escaping from the unit.
All refrigerants, oils, and similar materials shall be removed by the Contractor's qualified technicians
or transported to a facility for the removal of said materials, and disposed of or recycled according to
all federal, state,and local rules and regulations.
White goods containing food items shall be decontaminated in accordance with federal,state,and local
law prior to disposal/recycling.
Eligible white goods removed from the ROW shall be documented by means of a load ticket by the
City or its authorized representative.
All documentation with regard to the removal and disposal of refrigerants, oils, and similar substances
shall be submitted to the City before payment is made.
White goods shall be transported to a designated City approved recycling facility.
18. ROW Electronic Waste Removal
The Contractor shall provide all labor,equipment, fuel, traffic control costs and other associated costs
necessary for the removal, transportation, and disposal/recycling of eligible electronic waste from the
ROW.
Eligible electronic waste removed from the ROW shall be documented by means of a load ticket by the
City or its authorized representative.
The Contractor shall dispose of the waste at a facility approved by the City.
19. Temporary Debris Storage and Reduction Sites (TDSRS) and Operations
Contractor(s) shall deliver all disaster related debris to the City's authorized TDSRS locations, unless
otherwise instructed by the City.The City may authorize multiple sites in order to efficiently store and
process the volumes of disaster related debris materials. As a part of the DDMP,the City has identified
a number of possible locations for TDSRS sites. A map illustrating these sites is shown in the Exhibit
A to this RFP.
The City may require additional TDSRS locations and require Contractor assistance to select suitable
sites,perform baseline soil and groundwater testing, and site preparation/operations.
The Contractor shall provide all management and operational services at the City's authorized TDSRS
locations.
Professional Services Agreement, TAG Grinding Services,Inc.,Page 19 of 33
The Contractor shall submit a site management and operations plan to the City for review. At a
minimum the plan shall address the following:
• Site management, including a point-of-contact and organizational chart.
• Traffic control procedures and on-site traffic patterns.
• Throughput plans to ensure constant flow of inbound and outbound materials and to prevent a
significant accumulation of materials on-site.
• Site safety plan.
• Hazardous and toxic waste materials plan.
• Environmental mitigation plan, including considerations for smoke, dust, noise,traffic routes,
buffer zones, storm water runoff, archeology, historic preservation, wetlands, endangered
species,as relevant and appropriate.
20. Remediation and Site Restoration Plan.
The Contractor shall document, by photographs and video recordings, each City TDSRS prior to
operations to establish baseline conditions of the site.
The Contractor shall be responsible for constructing and/or erecting an inspection tower at each
temporary TDSRS for the purposes of inspecting and documenting each load of debris entering the site.
The tower shall be large enough to accommodate a minimum of four (4) persons. The tower shall be
constructed of materials approved by the City and include a roof which allows for some protection from
weather conditions. The tower(s) provided by the Contractor shall, at a minimum, meet the following
specifications. If ingress and egress of a TDSRS is of significant distance that City or its authorized
representative are unable to verify the entering and exiting of trucks,the Contractor may be required to
provide a second tower.The inspection platform of the tower shall be constructed at a minimum height
of ten(10)feet from surrounding grade to finish floor level,have a minimum eight(8)feet by eight(8)
feet of usable floor area,be covered by a roof with two(2)feet overhangs on all sides and be provided
with appropriate railings and a stairway. Platform shall be enclosed, starting from platform floor level
and extending up four (4) feet on all four (4) sides. The expense incurred by the Contractor for the
construction of towers is an overhead expense contemplated as part of the Contractor's compensation
under the terms and conditions of the Scope of Services.
The Contractor shall manage and supervise the TDSRS to accept eligible debris collected under this
Contract and other contracts or agreements approved by the City.
The Contractor shall be responsible for traffic control,dust control,erosion control,fire protection,on-
site roadway maintenance,portable sanitation facilities, security, and safety measures.
The Contractor shall be responsible for the sorting, separating, and stockpiling of eligible debris at the
temporary TDSRS and shall ensure that the eligible debris remains segregated at the facility.
Professional Services Agreement,TAG Grinding Services, Inc., Page 20 of 33
The Contractor shall utilize tub grinders, chippers, shredders, air curtain incinerators and any other
equipment necessary to effectively and efficiently reduce the volume of the eligible debris prior to final
disposal.
The Contractor shall provide mechanized equipment to facilitate the loading and removal of mulch
materials from the TDSRS locations.
The Contractor shall be responsible for the removal and lawful disposal of all debris from the TDSRS.
Within thirty (30) days of the completion of the debris operations, the Contractor shall
restore the site to its pre-disaster condition to the satisfaction of the City.The Contractor is responsible
for operating the TDSRS locations in accordance with Occupational Safety and Health
Administration, Environmental Protection Agency (EPA) and Texas Commission on Environmental
Quality (TCEQ) guidelines. Disposal costs should be excluded from your price proposal. The City
owns the SE Landfill and has negotiated rates for disposal of these materials.
Debris at all TDSRS locations shall be clearly segregated and managed depending on the debris type
(C&D, vegetative, household hazardous waste(HHW),etc.
All un-reduced storm debris must be staged separately from reduced debris at the TDSRS locations.
The Contractor shall be responsible for all associated costs necessary to provide TDSRS locations with
utilities, which include,but are not limited to water, lighting and portable toilets.
The Contractor shall be responsible for maintaining ingress and egress to the TDSRS for all weather
conditions.
The Contractor shall be responsible for all associated costs necessary to provide TDSRS locations dust
control,erosion control,which includes but is not limited to an operational water truck, silt fencing and
other best management practices (BMP).
The Contractor shall be responsible for all associated costs necessary to provide TDSRS locations with
fire protection which includes but is not limited to an operational water truck(sufficient and equipped
for fire protection, fire breaks and a site foreman.
The Contractor shall be responsible for all associated costs necessary to provide qualified personnel,as
well as lined containers or containment areas for the segregation of visible HHW/contaminants that
may be mixed with disaster debris. The Contractor shall be also responsible for all associated costs
necessary for HHW/contaminant disposal at a permitted hazardous waste facility or municipal solid
waste(MSW)Type I Landfill as required by the City.
The Contractor shall be responsible for providing twenty-four (24) hour security for the TDSRS
locations.
The Contractor shall only permit Contractor vehicles and other specifically authorized representatives
of the City or its authorized representatives on site(s).
The Contractor shall provide a tower(s)from which the City or its authorized representatives can make
volumetric determinations.
Professional Services Agreement,TAG Grinding Services, Inc.,Page 21 of 33
Upon completion of haul-out activities,the Contractor shall be responsible for reasonably restoring the
physical features of the site to its original condition prior to the site use. Site remediation will include,
but is not limited to,returning the original site grade, sod and other physical features. Site remediation
does not include restoring fencing,concessions stands,lighting and other permanent structure that may
have been demolished at the City's direction for the TDSRS operations.All debris, mulch,etc. is to be
removed adequately; fill dirt and/or other base material (if required) must meet standards for intended
use; and new sod or seeding must meet standards for intended use. Site remediation shall also include
returning all sites used to their original condition as verified through soil and groundwater samples.
Site remediation shall abide by all state and federal environmental regulatory requirements, and is
subject to final approval by the City and TCEQ.
Haul out of reduced debris to a city-designated final disposal site.
21. Reduction through Air Curtain Trench Burning
Work shall consist of all labor, equipment,fuel,traffic control, and other associated costs necessary to
manage and operate TDSRS locations for the acceptance, management, segregation, staging and
reduction through air curtain trench burning of eligible related debris. Air curtain trench burning must
be approved by the City, TCEQ and any other applicable regulatory agencies as required prior to
commencement of reduction activities. TDSRS layout and ingress and egress plan must be approved
by the City. Preliminary designs have been developed for these sites and the Contractor shall review
these plans and provide comments.Work shall consist of all labor,equipment,fuel,traffic control costs
and associated costs necessary to load and transport reduced eligible materials such as ash, reduced
C&D, or mulch.
22. Additional Services
Additional services may be requested by the City not specifically covered under the Scope of Work.
As directed by the City and upon written authorization, the Contractor shall provide all labor,
equipment, materials,fuel,traffic control and signage to perform the additional services,including but
not limited to,the following:
• Demolition of Structures and Debris Removal: The Contractor shall provide services for
the demolition of structures which pose a significant threat to the public health,safety and
economic recovery of the community. The City shall provide the ROE/Hold Harmless
Agreements and provide the legal and operational procedures, which comply with all
federal, state, and local rules,regulations, and policies.
• Storm Drain and Catch Basin Debris Removal: The Contractor shall remove all eligible
debris from the City's maintained storm drains and catch basins and transport the debris to
the City's designated disposal facility.
• Dead Animal Carcass Removal: The Contractor shall collect, haul and dispose of dead
animal carcasses including but not limited to large animals,livestock and poultry.The City
shall designate the final disposal site.
Professional Services Agreement, TAG Grinding Services,Inc.,Page 22 of 33
• Abandoned Vehicle or Derelict Vessels: The Contractor shall remove eligible abandoned
vehicles or derelict vessels in areas identified and approved by the City and subsequently
transported to a City approved staging area.
• Waterborne Debris: The Contractor shall remove eligible waterborne debris as identified
and approved by the City and subsequently transported to a City approved staging area or
the City's designated disposal facility.
23. Additional Services Provided at No Cost
Training and Assistance—Sessions for all key personnel and assistance in all disaster debris recovery
planning efforts as requested. Limited to attendance at an annual disaster debris planning session.
Preliminary Damage Assessment—Determine the impact and magnitude of the disaster event to help
expedite any applications for federal assistance. Contractor shall work with the City in its efforts to
quantify generation of materials.
Mobile Command Unit—The Contractor shall provide use of the mobile command unit for City debris
recovery management personnel to serve as a field operations command center. Space for a minimum
of one City staff or authorized personnel shall be provided.
Temporary Storage of Documents—The Contractor shall provide storage of daily disaster debris related
documents and reports for protection during the disaster event.
Reporting and Documentation—The Contractor shall provide and submit to the Monitor and the City,
all reports and documents as may be necessary to adequately document its performance of this Contract,
to include all requirements for documentation requested by FEMA, other federal agencies and/or state
government for reimbursement of costs.In providing the above data,Contractor has taken into account
all contingencies foreseeable by one with the expertise and knowledge in disaster debris removal,
including, but not limited to, the Right-of-Entry process for debris removal from private property and
the related regulatory agencies' requirements.
Professional Services Agreement, TAG Grinding Services, Inc.,Page 23 of 33
EXHIBIT B
FEE SCHEDULE
The amount due to Contractor shall be based on the actual cubic yards of debris and established units of
other material removed, multiplied by the Contractor's unit price per each unit. The actual amount may be
more or less than the total project cost estimated, based on the actual quantity of debris removed. All
payments to the Contractor shall be subject to a 5 percent retainage and will be retained for a minimum of
sixty (60) days after completion of the project and/or undiscovered damage to public or private property.
The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight,
insurance,etc. to cover the finished work specified in this proposal All items proposed and installed under
this procurement shall be new,unused and in undamaged condition.
Professional Services Agreement, TAG Grinding Services,Inc., Page 24 of 33
EXHIBIT A-Proposed Fee Schedule
Item Description Cost Unit
No.
A Annual coordination Meeting $0 No cost to City
B Annual Retainer Fee Annual
$0
1 Mobilization and Demolition(lump sum) $0 Lump Sum
2 C&D Debris Removal from Public Property(right-of-way)and
hauling to either TDSRS,based on one-way haul distance
0 -15.9 miles Cubic Yard
$6.95
16-30.9 miles Cubic Yard
$7.15
31-60[Hiles Cubic Yard
$7.75
3 Vegetative Debris Removal from Public Property(Right-of-
Way)and Hauling to TDSRS,based on one-way haul distance.
0 -15.9 miles Cubic Yard
$5.95
16-30.9 miles Cubic Yard
$6.15
31-60 miles Cubic Yard
$6.75
4 Clearing debris from ditches and drainage channels.
I foot to 10 feet(average width) Linear Foot
$35.00
10.1 to 20 feet(average width) Linear Foot
$45.00
20.1 to 35 feet(average width) Linear Foot
$55.00
Greater than 35 feet(average width) Linear Foot
65.00
5 C&D Direct Haul to Final Disposal Site from Public Property
right of way(non TDSRS option)
RFQ 16-0132,Addendum No.i
Disaster Debris Collection and Processing,Page 5 of 13
Professional Services Agreement, TAG Grinding Services, Inc.,Page 25 of 33
0 - 15.9 notes_ Cubic Yard
6.95
16-3d.9 miles m Cubic Yard
15'7.15
31 -60 miles _ - Cubic Yard
$7.75
6 Stuuops greater than 24 inch diameter—Direct I caul to final
disposal site from public property right-of-way.Stump volume
shall be calculated using T'FMA approved conversion table.
3 _
0 -15.9 miles Cubic Yard
$8.00
16-30.9 miles Cubic Yard
$$.25
31 v 60 miles Cubic Yard
58.75
ve
7 VegetatiDirect Haul to final disprss al site from Public
property right-of-way(non TDSRS option).
0 - 15.9 miles -_ Cubic Yard
16 3d.9 mtles Cubic Yard
$6 15
31 -60 miles Cubic Yard
-.- $6.75 _
Item Description � � Cost Unit
No,
8 Disaster deposited silt,mud or sand,hauled from the
designated site to'rDSRS or site approved disposal site
0 - 15,9 miles Cubic Yard
$12.40
16-30.9 utiles Cubic Yard
1 $12.50
3 F 60 miles Cubic Yard
$1300_
RFQ 16-0132,Addendum No. I
Disaster Debris Collection and Processing,Page 6 of 13
Professional Services Agreement,TAG Grinding Services, Inc.,Page 26 of 33
9 Re-Haul of C&D or reduced vegetative material of previously
doctunciated debris from The TDSRS to the final disposal or
processing site
0 - 15.9 miles Cubic Yard
$3,00
16-30,9 mile,,, Cubic Yard
$3.50
$175
TI--_H9.9 miles Cubic Yard
$6.00
120 150
fillies Cubic Yard
57.80
To——Cutting of—standing tree d—eterruiried by the City to he hazardous
(cutting only)
6–11.99 incites in diameter Tree
$75.00
12–23.90 inches in diameter Tree
---$150.00
_24_–_35_.94 inches in diameter Tree
51750)
36–47.99 inches in diameter
MOM
48 inches and greater Tree—""
5350.00
11 Cutting and/or removal of dangvrs hazardous limbs from tree
(must be greater than 2"to be eligible)(cutting only)
I to 2 litilbs Tree
$58.00
3 to 4 limits Tree
WVX)
5 or more limbs $65,00 Tree
12 Cutting fallen frees on public right-of-way(if extending from Tree
private property,tree is cut from point of entry to ROW)
RFQ 16-0132,Addendum No. I
Disaster Debris Collection and Processing,Page 7 of 13
Professional Services Agreement, TAG Grinding Services, Inc., Page 27 of 33
13 Hazardous Stump Extraction, Each stump to be measured 2
from the mean ground level,This item is for extraction fee �
only. For hauling purposes,stumps will be converted to cubic i
yards measurement and hauled under vegetative rite.
:Y -35,99 inch diameter Each
$50,00
36�48 inch diameter Each
48 inch diameter and greater Each
$100.00
lie m Description Cost Unit
No.
14 Backfilling of stump root ball holes with suitable soil Each
$60,00
15 Collection,hauling and final disposition of eligible White Per-Unit
Goods including but not limited to refrigerators,stoves,water
heaters,waster,dryer,etc.
$35.00
i[ Household hazardous waste removal. Provide all labor. Ton
equipment,fuel,etc,For removal of household hazardous
waste from the ROW to either TDS16 or acceptable disposal
facility,
55,t�ta
17 Staging collection and hauling to City designated solid waste Ton
facility of Refrigerator contents or spoiled food,
$35,1111
If3 Comptchensrre management ofTTSSRS and material Cubic Yard
handling. Includes loading of debris,sorting,segregation,
preparation for re-haul and special equipment for handling
materials. Includes roadway construction at site,construction
of towers,traffic control and environmental mitigation
rneaasures such as dust control.
$1.25
RFQ 16-0132,Addendum No. 1
Disaster Debris Collection and Processing,Paige g of 13
Professional Services Agreement, TAG Grinding Services, Inc.,Page 28 of 33
19 TDSRS site prcpat'ation attd reclamation, Includes .0fL()R Per site,per
construction of roadways at site,traffic control and inspection ;PASS month
towcrs as needed and maintenance throughout life of project, THROUGH
Close-out wort:includes reclamation and restoration by COST
removal of construction,
2t1 Reduction ofTDSRS materials by incineration. Cubic Yard
$135
i
21 i Reduction of TDSRS materials by grinding. Cubic Yard
$1.75
22 Land and haul of storm deposited soils,including salt and Cubic Yard
Hurd.
$15.00
23 Dcmalition of Structures and Clebris Removai Cubic Yard
'17tc Contractor shall provide services for the demolition of
structures which pose a significant threat to the public health,
safety and economic recovery of the community.
535.00
24 Disposal of Freon from appliances Ton
$150.00
25 Disposal of Household Hazardous Waste Ton
$15,00 s
Personnel Hourly Rate
Stump Grinder
$45.00
z 50'BucketTruck
$1-35.00---
Service'1`rucks
$65.00
�
$55,00
Water Truck(2000 gat.)
$65.00
Motor Grader
$I50.00
Climber with Gear
$135.00
° Superintendent with Truck
$65.00
RFQ 16.0132,Addendum No, I
Disaster Debris Collection and Processing,Page 9 of 13
Professional Services Agreement,TAG Grinding Services,Inc.,Page 29 of 33
Operator with Chainsaw
S35M
Traffic Control Personnel
530.00
lahorer
$30.0()
Fieldi Project Foreman
575.00
Administrative Assistant
52#1.00
Clerical
1526,.00
RFQ 16-0132,Addendum No. i
Disaster Debris Collection and Processing,Page 10 of 13
Professional Services Agreement, TAG Grinding Services,Inc.,Page 30 of 33
VXHIBIT It-Pricing Schedule-E mergency Debris Clearance(Push)
All equipment rates below include:ope=rator,fuel and maintenance costs
Equipment Hourly Rate
Trackh-,CAT 330 or Equiv. $135,00
Bulldozer $100.00
Aerial Lift,Self-propelled,Maximum platform height,37 feet,Horsepower to 15,
Articulated,Tcicsco in ,Scissor $55.00
Aerial Lift,Self-propelled,Maximum platform height,60 feet,Horsepower to 30,
Articulated,Telescoping,Scissor $75.110
Aerial Lift,Self-Propelled,Maximum platform height,70 feet,Horsepower to 50,
Aqiculatedj�
elescopAM Scissor T _. 100.1
Aerial Lift,Self propelled,Maximum platform height,125 feet,Horsepower to 85,
Articulated,Telescoping,Scissor $150.00
Aerial Lift,Self-propelled,Maximum platform height, 150 feet,Horsepower to 130,
Articulated Telescoping,Scissor $175.00
Aerial Lift,Truck Mounted,Maximum platform height,25 feet,Articulated,
Telescoping.Telesqoping.Scissor 575.00
Aerial Lift,Truck Mounted,Maximum platform height,50 foot,Articulated,
Teiesco A .Scissor $100.00
Aerial Lift,Truck Mounted,Maximum platform height,ht,75 feet,Articulated,
F
Telescoping,Scissor $125.00
Aerial Lift,Truck Mounted,Maximum platform height, 100 feet, Articulated,
Telescoping,Scissor $175.00
Chipper Blush,Chipping Capacity,6 Inches,To 35 Horsepower,Trailer Mounted $55.00
Chipper Brush,Chipping Capacity, 12 Inches,To 65 Horsepower,Trailer Mounted $65.00
Chipper Bmsh,Chipping Capacity,16 Inches,To 100 Horsepower,Trailer Mounied 575,00
Chipper Brush,Chipping Capacity,18 Inches,`1'o 125 Horsepower.Trailer Mounted S125.00
Chipper Brush,Chipping Capacity,181nches,To 200 Horsepower,Trailer Mounted
$150f
.00
Chipper Brush,Chipping Capacity,19 Inches,To 300 Horsepower,Trailer Mounted 5300.(X3
Chipper Brush,Chipping Capacity,19 Inches,To 450 Horsepower,Traitor 1vlountol $450.00
Chipper Brush,Chipping Capacity,To 650 Horsepower,Trailer Mounted $500.00
Crane,Maximum Lift Cal),8 Metric Tons,To 80 Horsepower $100.00
Crane,Maximum Lift Cap,15 Metric Tons,To 150 Horsepower $125.00
Crane,Maximum Lift Cap,27 Metric Tons,To 200 Horsepower $150.00 k
Crane,.Maximum Lift Cap,45 Metric Tons,To 3000 Horsepower $500.00 _
Crane,Maxitmnn Lift Cap,70 Metric Tons,'Ima 350 Horsepower $750,00
Crane,Maximum Lift Cap,110 Metric Tons,To 450 Horsepower $1500.00
Create Truck Mounted,Maximum IAft Cap,17,600 pounds $150,00
I2hQ 160132,Addendum No. I
Disaster Debris Collection and Processing,Page I I of 13
i
Professional Services Agreement, TAG Grinding Services, Inc.,Page 31 of 33
Crane Truck Mounted,Maximum Lift Cap,33,000 ands 5200.00
Cram Truck Mounted Maximum Lift Cap,60,000 pounds $500.00
Crane Truck Mounted,Maximum Lift Crap,120,000 pounds $750,00
Fork Lift,Ca ,Ei ,6,0001 poundi,To 40 Iloriepower 575.00
Fork Lift,Capacity,12,000 pounds,To 90 Horsepower S85100
Fork Lift,Capacity, 18,000 pounds.To 140 Horsepower $125.00
Fork Lift,Capacity 50,000,To 215 Horse ower $250.00
Loader,Skid Steer,Operating Capacity,1,000 pounds,To 35 HorselEwer $45.00
Loadcr,Skid Steer,Operating Capacity,2,000 pounds,To 65 Horsepower $75.00
Loader,Skid Steer,Olxrating Capacity,3,000 pounds,To 85 Horsepower $85.00
Loader,Skid Steer,Operating Capacity,4,000 pounds,To%I Horsepower $95,00
Loader,Wheel,Bucket Capacity,0.5 Cubic Yard,To 381iorsepower $80.00
Loader,Wheel,Bucket Capacity, 1 Cubic Yard,To 60 Horse Ewer $85.4
Loader,Wheel,Bucket Capacity,2 Cubic Yard,To 105 horsepower $95.00
Loader,Wheel,Bucket Capacity,3 Cubic,Yard,To 152 Horsepower $110.00
Loader,Wheel,Bucket Capacity,4 Cubic Yard,`ro 2(10 Horsepower $125.00
Loader,Wheel,Bucket Capacity,5 Cubic Yard,To 250 Horsepower $175,00
Loader,Wheel,Bucket Capacity,6 Cubic Yard,To 305 Horsepower fi 180.OtI
Loader,Wheel,Bucket Capacity,7 Cubic Yard,To 3fi01forselEwer $190.00
Loader,Wheel,Bucket Capacity,8 Cubic Yard,To 415 Horsepower $200.00
Loader,Wheel,Bucket Capacity,9 Cubic Yard,To 470 Horsepower S225.00
Loader,Wheel,Bucket Capacity,10 Cubic Yard,To 530 Horsepower $250.00
Loader-Backboe,Wheel,Bucket Capacity,0.5 Cubic Yard,To 40 Horsepower $65.00
Loa r-B kbo 1 Bucket Camicity,I C b` o, $75.00_
Loader-Backhoe,Wheel,Bucket Capacity,1.5 Cubic Yard,To 95 Horsepower 595.00
R
I-oader-Backhoe,Wheel,Bucket Capacity, 1.75 Cubic Yard,To 115 Horsepower $125.00
Saw Concrete,Blade Diameter,Id inch,To 14 Horse wer 555.00
aw Coax t Blade Diameter.26 inch 'n 35 llor. wer $75.00
Saw Concrete Blade Diameter 48 inch To 65 Horsepower $95.00
Sweeper,Pavement,To 110 Horsepower $55.00 x
Swee r Pavement To 150,tior,&mwer 575.00
Sweeper,Pavement,To 200 Horsepower $95,00
Trailer Damn,Capacitv.20 Cubic Yard Does not include prime sager S25.00
Trailer,Dump,Capacity,30 Cubic Yard,Does not include prime mover $35.00
Tmiler.DumI2.Canicily 40 Cubic Yard.Docq not include nritne mover $45.00
Trailer,Mlui anent,Capacity 30 tons $45.00
Trailer,ticluipment,Capacity 40 tons $55.00 s
Trailer.I;c ui moment.Ca acit;60 tons $75.07 �
Trailer Et ui Wren# Cavacity 120 tans 5250.00
RFQ 16-0132,Addendum No. 1
Disaster Debris Collection and Processing,Page 12 of 13
s
Professional Services Agreement, TAG Grinding Services,Inc.,Page 32 of 33
'rruck,Dump,Truck Capacity 8 Cubic Yard.To 210 Horsepower ----S45,00
Thick.Durnp.Truck Capacity 10 Cubic Yard,To 235 Horsepower $65.00
Truck.Dump,Truck Cvacity 12 Cubic Yard,Toy 255 Horsepower 565,00
TrucL Dumv,Truck Caimcity 18 Cubic Yard To 330 Hors ql)o%_,er- $75,00
truck Dum Truck Ca Tacit 28 Cubic Y;rrd 7`0 400 HorsC ower $85.00
Truck,Dump,Truck Capacity 40 Cubic Yard,To 460 Horsepower $110.00
Truck,Durnp,Truck Capacity 50 Cubic Yard,To 620 Horsepower $120.00
Truck,Flathed,Maximum Gross Vehicle Weight,25,000 pounds,'ro 180 Horsepower SSUO
Truck,Flatbed,Maximum Gross Vehicle Weight,30,000 pound-i,To 215 Horselk)wer$90.00
Truck,Flatbed,Maximum Gross Vehicle Weight,45,0470 pounds,To 250 Horsepower $95.00
Truck,Flatbed,Maximum Gross Vehicle Weight,50,000 pounds,To 300 Horsepower$100.00
IrAwk,Flatly- dNjaxinlulu giros.`_v-&e Le Weight,T- 1 7- to c� OWer $110.00
Truck,Platbed,Maximum Gross Vehicle Weipht,'ro 450 Horsepower $120.00
Truck Knuckle Boom,add flatbed truck to truck mounted crane $150.00
_Truck Pick-upj To 130 llors5pwcr $55.00
fruch Pick-up,`tri jjj0 jrscyowcr $55.00
Truck Pick-up,To 230 Horsepower 565.00
Truck Pick-up,To 280 florsevower $70,00
2 10 1 lorsepower 875.00
Truck Tractor,To 26.5 Horsepower $85.00
Truck Tractor,To 310 Horsepower $95,00
Truck Tractor,To 350 Horse ower $100,00
Tub Grinder,To 400 Horse p
ower $300,00
Tub Grinder,To 500 Horsepower $400.00
Tub Grinder,To 600 Horsepower $425.00
Tub Grijider.To 700 H2nie ewer $450.00
Tub Grinder,To 800 Horsepower $450,00
Tub Grinder,To 900 Horsepower S475M
Tub 43rindrrr 1,00011oise ower $500.00
Rl"Q 1"132,Addendum No. I
Disaster Debris Collection and Processing,Page 13 of 13
Professional Services Agreement,TAG Grinding Services, Inc.,Page 33 of 33
APPENDIX I
The following clauses form part of the parties'Agreement.
For purposes of the following clauses,the City is referred to as"GOVERNMENT."
(A) DAMAGES(2 CFR§200.326 Appendix II to Part 200(A))
(1) All work to be performed under this AGREEMENT shall be timely commenced.As a breach
of this AGREEMENT would cause substantial delay in the completion of the required services affecting
the safety and welfare of the public,the parties adopt the following liquidated damages clause.
(2) Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
the impossibility of precisely ascertaining the amount of damages that will be sustained by the
GOVERNMENT as a consequence of such delay in performance. CONTRACTOR acknowledges and agrees
that damages to GOVERNMENT from untimely performance are extremely difficult to determine, and
accordingly, the CONTRACTOR agrees that the amount of liquidated damages provided for herein is the
nearest and most exact measure of damages for such delays.
(a) Failure of the CONTRACTOR to meet the mobilization requirements under this
AGREEMENT: $100.00 per calendar day.
(3) The GOVERNMENT is authorized to deduct liquidated damage amounts from the monies
due to CONTRACTOR for the work under this AGREEMENT,or as much thereof as the GOVERNMENT may,
at its own option, deem just and reasonable.
(B)TERMINATION RIGHTS(2 CFR§200.326 Appendix II to Part 200(B))
See parties Agreement at Section 4 of the Standby Agreement for the Collection of Disaster Debris.
(C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR§200.326 Appendix II to Part 200(C))
If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the
performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity
Clause (41 CFR 60-1.4(b)):
(1) CONTRACTOR will not discriminate against any employee or applicant for employment
because of race,color, religion,sex,or national origin. CONTRACTOR will take affirmative action to ensure
that applicants are employed,and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
Appendix I, Standby Agreement for the Collection of Disaster Debris, Page 1 of 8
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.CONTRACTOR agrees to post in conspicuous places,available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on
behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment
without regard to race,color, religion, sex,or national origin.
(3) CONTRACTOR will send to each labor union or representative of workers with which it has
a collective bargaining agreement or other agreement or understanding, a notice to be provided advising
the said labor union or workers' representatives of the CONTRACTOR'S commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) CONTRACTOR will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of
this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled,
terminated,or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further
government contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) CONTRACTOR will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: provided, however,that in the event CONTRACTOR becomes involved in,or
is threatened with, litigation with a subcontractor or contractor as a result of such direction by the
administering agency the CONTRACTOR may request the United States to enter into such litigation to
protect the interest of the United States.
Appendix I,Standby Agreement for the Collection of Disaster Debris, Page 2 of 8
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK"ACT(2 CFR§200.326 Appendix II to Part 200
(D))
If applicable to the work and services performed by CONTRACTOR under the parties'
AGREEMENT:
(1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public works. See
FEMA Public Assistance Program and Policy Guide,Ch.2 (V)(G)(2), page 32 and Ch. (FP 104-009-
2/January 2016);
(2)Copeland "Anti-Kickback"Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall
comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the
contractor and subcontractor must be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled.The GOVERNMENT must report all suspected or reported violations to the
appropriate Federal agency.
If applicable to the work and services under the parties'AGREEMENT:
(a) CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this AGREEMENT.
(b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier
subcontract with all of these contract clauses.
(c) A breach of the AGREEMENT clause above may be grounds for termination of the
AGREEMENT,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(2 CFR§200.326 Appendix II to Part 200(E))
(40 U.S.C. 3701-3708)
Contracts in excess of$100,000 that involve the employment of mechanics or laborers shall comply with
40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40
U.S.C. 3702 of the Act,each contractor and its subcontractors shall compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week.
Appendix I,Standby Agreement for the Collection of Disaster Debris, Page 3 of 8
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2)Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory,to such District or to such territory),for liquidated damages.Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1)of this section.
(3)Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this
section.
(4)The contractor and subcontractor shall insert in any subcontract the clauses set forth in
paragraphs (1)through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
Appendix I,Standby Agreement for the Collection of Disaster Debris, Page 4 of 8
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT(2 CFR§200.326 Appendix II to
Part 200(F))
If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT and if
the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the GOVERNMENT must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT(2 CFR §200.326 Appendix 11 to
Part 200(G))
CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA).
CONTRACTOR shall include the foregoing requirements in each subcontract exceeding$100,000.
H. ENERGY EFFICIENCY AND CONSERVATION (2 CFR§200.326 Appendix II to Part 200(H))
If applicable to the work and services performed by CONTRACTOR under the parties' AGREEMENT,
CONTRACTOR shall comply with the mandatory standards and policies of the state regulation
promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201).
I. DEBARMENT AND SUSPENSION (2 CFR §200.326 Appendix II to Part 200(1))
(1)This AGREEMENT is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R. pt.3000.
As such,the CONTRACTOR is required to verify that none of the contractor, its principals(defined
at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2)The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
Appendix I, Standby Agreement for the Collection of Disaster Debris, Page 5 of 8
(3)This certification is a material representation of fact relied upon by GOVERNMENT. If it is later
determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000,subpart C,in addition to remedies available to GOVERNMENT,the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance.The
CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
J. BYRD ANTI-LOBBYING AMENDMENT(2 CFR §200.326 Appendix II to Part 200(J))
CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid
response, CONTRACTOR must complete and submit the Certification Regarding Lobbying Form.
K. PROCUREMENT OF RECOVERED MATERIALS(2 CFR §200.326 Appendix II to Part 200(K)and 2 CFR
§200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired-
(a) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(b) Meeting contract performance requirements; or
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at
http://www.epa.gov/cpg/p rod ucts/htm.
Appendix I, Standby Agreement for the Collection of Disaster Debris, Page 6 of 8
L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND
LABOR SURPLUS AREA FIRMS(2 CFR§200.321)
Should the CONTRACTOR subcontract any of the work under this AGREEMENT, CONTRACTOR shall take
the following affirmative steps: place qualified small and minority businesses and women's business
enterprises on solicitation lists; assure that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources; divide total requirements, when
economically feasible, into smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises; establish delivery schedules, where the
requirement permits, which encourage participation by small and minority businesses, and women's
business enterprises; and use the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the Department of
Commerce.
M. ACCESS TO RECORDS
(1) CONTRACTOR agrees to provide GOVERNMENT,the FEMA Administrator,the Comptroller General
of the United States, or any of their authorized representative's access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purposes
of making audits, examinations, excerpts, and transcriptions.
(2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
(3) CONTRACTOR agrees to provide the FEMA Administrator or his authorized representative's access to
construction or other work sites pertaining to the work being completed under the contract.
N. SEAL, LOGO AND FLAGS
CONTRACTOR shall not use the U.S. Department of Homeland Security's seal(s), logos, crests,or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials
without specific FEMA preapproval.
O. COMPLIANCE WITH FEDERAL LAW REGULATIONS AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT only. If
applicable to the work and services performed by CONTRACTOR under the AGREEMENT,the
CONTRACTOR will comply will all federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
Appendix I,Standby Agreement for the Collection of Disaster Debris, Page 7 of 8
P. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or
liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to any matter resulting from
the contract.
Q. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR'S actions pertaining to this contract.
TAG GRINDING SERVICES, INC.
L'
!/U b
J RY . BROOKS, CFO
Appendix I, Standby Agreement for the Collection of Disaster Debris, Page 8 of 8
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/18/2016
DATE: Tuesday, October 18, 2016 REFERENCE NO.: G-18857
LOG NAME: 23EMERGENCY DISASTER DEBRIS COLLECTION
SUBJECT:
Authorize Contracts with Ceres Environmental Services, Inc., Crowder Gulf, DRC Emergency Services,
Inc., Shawnee Mission Tree Service d/b/a Arbor Masters Tree Service, TAG Grinding Services, Inc., and
TFR Enterprises, Inc., in an Aggregate Amount Not to Exceed $50,000,000.00 for Emergency Disaster
Debris Collection and Processing for the Code Compliance Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize Standby Contracts with Ceres Environmental Services,
Inc., Crowder Gulf, DRC Emergency Services, Inc., Shawnee Mission Tree Service d/b/a Arbor Masters
Tree Service, TAG Grinding Services, Inc., and TFR Enterprises, Inc., for emergency disaster debris
collection and processing in the event that a natural or manmade disaster should occur.
DISCUSSION:
The disaster debris removal and disposal contractors shall provide emergency disaster debris removal,
recycling and disposal services for the City following a significant debris generating event within the
boundaries of the City limits. It is the intent of the City to enter into no fee, standby contracts with disaster
debris hauling firms in accordance with the City's Disaster Debris Management Plan as a requirement for
Federal Emergency Management Agency (FEMA) reimbursement in advance of any significant disaster
debris event. The contracts will establish relationships with vendors that will respond to a declared event
and provide their projected cost for clean-up activities based on their field estimation protocols. All
contracts combined, will not exceed $50 million threshold for these services. No expenditures shall be
authorized without prior approval by the Council or the City Manager, as appropriate.
The contracts for disaster debris removal and disposal services will be utilized primarily by the City of Fort
Worth's Solid Waste Services Division of the Code Compliance Department. The City's Emergency
Management Office, Park and Recreation Department, Transportation and Public Works Department
and/or Water Department may also use the services provided by the selected firms to provide emergency
disaster debris management services related to either streets, forestry, storm water systems, or water
infrastructure emergency projects.
The contractors have demonstrated the capacity and ability to rapidly mobilize and respond to potential
wide-scale debris volumes as generated by a hurricane, as well as localized small-scale volumes typical
of a tornado or ice storm. These are standby contracts and no services will be authorized until a Notice to
Proceed has been issued. Should a Notice to Proceed be issued, these contracts will be utilized to
mobilize contractors to assess the disaster debris, provide cost estimates for debris collection and
processing and provide disaster debris removal services.
It is recommended that multiple contracts be awarded to ensure all emergency disaster debris collection
and processing services are provided as quickly as possible. The City may request services in order of
lowest unit prices, availability and vendor's proximity to the designated work site(s). No guarantee was
Logname: 23EMERGENCY DISASTER DEBRIS COLLECTION Page I of 3
made that a specific amount of these services will be purchased.
PRICE ANALYSIS - The City's consultant (Gershman, Brickner and Bratton, Inc. (GBB) based the pricing
model on the 2013 Moore, Oklahoma tornado damage, which was estimated at $50 million. GBB has
reviewed the proposals and determined the firms to have the financial and bonding capacity to provide the
services and the prices to be fair and reasonable for the industry.
PROPOSAL ADVERTISEMENT-A Request for Proposals (RFP) was advertised in the Fort Worth Star-
Telegram on Wednesdays between March 2, 2016 and March 31, 2016 with detailed specifications for
disaster debris collection and processing services. The evaluation factors included firm's experience in
providing similar services for similar projects, key team members' qualifications; relevant experience and
availability for a disaster debris project; project understanding, methodology and approach; and financial
and bonding capacity. Thirty vendors were solicited from the purchasing vendor database system and six
responses were received. The proposals received were reviewed by an evaluation committee consisting
of Staff from the Code Compliance, Solid Waste, Emergency Management, Storm Water, Transportation
and Public Works and Park and Recreation/Forestry divisions.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the Minority/Women Owned Business Enterprise (M/WBE) Office, in
accordance with the Business Diversity Enterprise (BDE) Ordinance, because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are negligible.
AGREEMENT TERM - Upon City Council approval, the Agreements will begin upon execution of the
Agreements and shall expire on September 30, 2021.
RENEWAL OPTIONS - These Contracts may be renewed for one additional five-year term at the City's
option.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the Solid Waste Fund in the event of an
emergency and that prior to an expenditure being made, the Code Compliance Department has the
responsibility to validate the availability of funds. Neither a Notice to Proceed nor any expenditures shall
be authorized without prior approval of the Mayor/City Council and/or the City Manager,
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Robert Smouse (5153)
Additional Information Contact: Doris Brent (5164)
ATTACHMENTS
1. CERES FORM 1295.pdf (Public)
Logname: 23EMERGENCY DISASTER DEBRIS COLLECTION Page 2 of 3
2. CROWDER FORM 1295.pdf (Public)
3. MWBE Waiver.pdf (CFW Internal)
4. SAM.pdf (CFW Internal)
5. SHAWNEE-ARBOR MASTER FORM 1295 (2).pdf (Public)
6. SHAWNEE-ARBOR MASTER FORM 1295(1).pdf (Public)
7. TAG FORM 1295.pdf (Public)
8. TFR FORM 1295.pdf (Public)
Logname: 23EMERGENCY DISASTER DEBRIS COLLECTION Page 3 of 3
c
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-124098
TAG Grinding Services, Inc,
Marietta, GA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/14/2016
being filed.
Fort Worth,TX Date Acknowledged:/
l
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
16-0132
Disaster Debris Collection and Processing
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE !/
Sworil to and subscribed before me,by the said W. 1 oU IW this the day of
20 ,to certify which,witnes5,my,hand and seal of o ice.
MIME
Signal of officer adrni i tering oat Printed name of officer dministering oath Titleof officer d inistering oath ON PV011'G
Forms provided by Texas Ethl s Commission www.ethics.state.tx.us Version V1.0.277