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HomeMy WebLinkAboutContract 25877 CITY NO � 7 AGREEMENT FOR DISASTER RECOVERY SERVICES THIS AGREEMENT made and entered into this_Lj_day of 0k?r L , 2000, by and between the CITY OF FORT WIJRTH, Counties of Tarrant and Dento a home-rule municipality and political subdivision of the State of Texas, hereinafter referred to as "GOVERNMENT" and DRC, Inc., a for-profit corporation doing business in Texas, hereinafter referred to as "CONTRACTOR". WHEREAS,the City of Fort Worth is located in North Texas and, as such, may experience massive destruction wrought by floods, violent storms spawning tornadoes, extreme winter storms as well as other natural and/or manmade disasters (Events); and WHEREAS, it is necessary to provide for disaster recovery technical assistance to GOVERNMENT,resulting from these Events; NOW,THEREFORE, CONTRACTOR, for and in consideration of an amount not to exceed the sum of Sixty-five thousand Dollars ($65,000.00), and for other good and valuable considerations including designation of CONTRACTOR as GOVERNMENT"S Preferred Professional Services Provider of Disaster Recovery Services, as hereby acknowledged by the parties, GOVERNMENT will utilize CONTRACTOR'S professional services as follows: SCOPE OF SERVICES —TECHNICAL DISASTER RECOVERY ASSISTANCE This agreement is entered into with specific reference to the tornado damage resulting from the storms that hit the City of Fort Worth on March 28, 2000. It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the GOVERNMENT. This service shall include Program Management Assistance. Specifically the Scope of Services will include those items listed in the following documents, all of which are attached hereto and incorporated for purposes incident to this agreement: Exhibit"A,"denominated"Unsolicited Proposal,"being a letter dated April 10, 2000 from Thomas Rankin of DRC, Inc. to Charles Boswell of the City of Fort Worth; as supplemented where relevant by Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in this Agreement and Attachments to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice- To-Proceed as agreed upon by both parties. All notices-to-proceed involving a time-and- materials portion of this Agreement shall have a not-to-exceed amount placed within them as agreed upon by both parties. Cif�ECCG,)FAEY Page 1 R rJUNITHO PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured by the CONTRACTOR with the assistance of the GOVERNMENT, unless otherwise stated in this Agreement.. The Contractor shall not be held responsible to secure permits and/or licenses, for which the requirements have been, or will be waived due to a declaration of an emergency or disaster. SUPERVISION BY CONTRA C'r OR To the extent necessary for purposes of this agreement, under the general oversight of the GOVERNMENT, the CONTRACTOR will supervise and direct all work, workers and equipment. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures utilized. The CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor in writing by the GOVERNMENT'S Authorized Representative shall be as binding as if given to the CONTRACTOR. In those instances where GOVERNMENT has ongoing contractual relationships with local contracting entities, CONTRACTOR will act as general contractor vis-a-vis the local contracting entities on behalf of GOVERNMENT for all disaster recovery-related projects. In such capacity, CONTRACTOR will provide all necessary payment, supervisory and administrative services necessary to ensure performance under this agreement. The name(s) of the supervisor(s)will be supplied to the GOVERNMENT for each issuance of a Notice to Proceed through an attachment to this Agreement in the form of a Memorandum for the Record. CHANGES IN SERVICES The GOVERNMENT may at any time, as the need arises, order changes within the scope of services without invalidating this Agreement. Any services related to disaster recovery shall be deemed as germane to the intent of this Agreement. All changes affecting the project's costs or modifications of the terms or conditions of this Agreement shall be authorized by means of an official written Contract Change Order that is mutually agreed upon and signed by the GOVERNMENT and the CONTRACTOR. All changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes or additions to the Services provided. Page 2 RUMMY PT Ffff_ TERM OF AGREEMENT y The term of this Agreement shall be for one year with four automatic renewal options beginning on the date of acceptance by and signatures of the GOVERNMENT and CONTRACTOR, whichever comes later. This Agreement may be amended at any time with concurrence of the parties on any negotiated changes to the terms and specifications contained in this Agreement. Attachment 2 of this Agreement may be reviewed on an annual basis at which time amended unit costs may be submitted by CONTRACTOR to GOVERNMENT to reflect the current disaster recovery market value of Services listed in Attachment 1 and priced in Attachment 2, 3 and 4 of this Agreement. Such amendments shall be attached to, and become part of this Agreement after concurrence and signature of both parties. TERMINATION Either party upon 180 days written notice to the other party may terminate this Agreement. Should either party have reasonable grounds to believe that the other party has materially breached the terms of this Agreement, the non-breaching party may deliver written notice to the other party itemizing, with specificity, each alleged breach. Should the said party fail to begin to substantially repair said breach within ten (10) days of said written notice, the non-breaching party may declare the contract terminated. INSURANCE AND BONDS CONTRACTOR shall name the GOVERNMENT as additional insured on CONTRACTOR's insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation—Statutory Limits of the State of Texas; General Liability—One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella—Five Million Dollars ($5,000,000.00) CONTRACTOR shall provide the GOVERNMENT a Certificate of Insurance evidencing such coverage. At the GOVERNMENT'S option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices to Proceed. The cost of said bond premium will be an additional cost to the GOVERNMENT. CERTIFICATES OF INSURANCE Required insurance shall be documented in certificates of insurance, which provide that the GOVERNMENT shall be notified at least thirty (30) days in advance of cancellation, non- renewal, or adverse change. New certificates of insurance are to be provided to the U�� �GkL Gr'�G/,�unG��D Page 3 FF WiN7 GOVERNMENT at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the GOVERNMENT or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR'S obligation to fulfill the insurance requirements herein. WARRANTY OF TITLE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Texas, or otherwise by any person or persons whomsoever to remain on file with the GOVERNMENT against any money due or to become due for any work done or materials furnished under this Agreement or by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Agreement. SUBCONTRACTING The CONTRACTOR shall be fully responsible to GOVERNMENT for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the services to be provided and give the CONTRACTOR the same powers regarding terminating any subcontract that the GOVERNMENT may exercise over the CONTRACTOR under any provisions of this Agreement. In entering into this agreement CONTRACTOR represents that it is aware of and will comply with any applicable provisions of GOVERNMENT'S MWBE ordinance. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the GOVERNMENT. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the GOVERNMENT upon activation of this Agreement and updated by the CONTRACTOR to the GOVERNMENT on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier whom the GOVERNMENT has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the GOVERNMENT. GOVERNMENT OBLIGATIONS The GOVERNMENT shall furnish all information and documents necessary for the commencement of services, to include valid written Notices to Proceed. The GOVERNMENT (I I +^ E 1„Il7�.lr E)CD �(�:CCC))) /D) Page 4 I�L6'Ur CrIS��U`'Si�c,pi�U r� �� 5)G- YA,' shall also provide field inspectors of a sufficient quantity, to facilitate qualitative and quantitative documentation of the services. A representative will be designated by the GOVERNMENT to be the Primary Point of Contact for any interpretations and/or negotiations related to this Agreement and for answering any on- site questions after activation/of this Agreement via a Notice to Proceed. This person shall be ARBITRATION The parties hereto agree that all disputes, claims or controversies of any kind or nature arising between the parties or arising from or relating to this contract or the relationships which result from this contract, including but not limited to, all controversies relating to the existence, construction, performance, enforcement or breach of the contract, or tort claims shall be fully and finally resolved by binding arbitration. Without limitation, the arbitration provision shall apply to any third party whose liability is contingent on the liability of any party hereto, including but not limited to, bonding companies. It is the intent of the parties that this provision shall apply to all controversies to the fullest extent. To the extent allowed by applicable law, the parties specifically waive any rights to commence any action other than arbitration. Any party desiring to initiate arbitration shall do so by making written demand on the other. Said demand shall contain a statement setting forth the nature of the dispute, the remedy sought and shall designate the name of the arbitrator. The responding party shall file a response within fifteen (1 S) days setting forth any counterclaim and naming an arbitrator. The two designated arbitrators shall choose a third arbitrator. In all other respects, the parties and arbitrators shall be guided by the rules and procedures of the Construction Rules of the American Arbitration Association. Any reward rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall take place in Tarrant County, Texas and the laws of the State of Texas shall.apply. Furthermore, in all events, no party shall be liable for indirect, special, consequential or punitive damages. ENTIP.E AGREEMENT This Agreement and Attachments referred to herein, contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. JURISDICTION/VENUE The laws of the State of Texas shall govern this Agreement. Venue of this Agreement shall be in the County of Tarrant, State of Texas. Page 5 . ui; o ON BEHAL OF: By: Title: / si s f�ri 7 �ity��E✓Z. Date: Y App ved for and ality: 444 ity#oMey / ATTEST: ,v� D- By: Z?ALelt Contract Authorization Title: . (.i,� l _lJ THF: COUNTY OF TARRANT STATE OF TEXAS The foregoing instrument was acknowledged before me this l 2000, by �-,'6.B,y (�Za'%5 011 , as ,Q S5;:5-rAAIT C,' Z �}A,'a`—f4of the City of Fort Worth on behalf of the Government. He/she is personally known to be or ha.s produced C ,T Tb, as identification. P ROSELLA BARNES Notary Public NOTARY PUBLIC *�* State df TexBS ON BEHALF OF: �FS° Comm. Exp, 03-31-2001 DRC,INC. By: Title: ATTEST: Date: 2 /�CtlL 2db� yv Title: THE COUNTY OF TARRANT STATE OF TEXAS Pale 6 Irpo W4,f'1'171N� T5X The foregoing instrument was acknowledged efore me this OIL 2000, by L[JiGc�091f)S. U&Gej- , as T f DRC, Inc., a State of South Carolina Corporation, on behalf of the Corporation. He/she is personally known to be or has produced �IL/TABU 1 as identification. Notary Pub li K(013ondedthruPich9rdIn8,Agcy, RESITA A. APpNTE m. No• CC 649442 m. ' l � o)ti Page 7 ?� ��,,571.►iP lrlf. � f�':I: �u M o D R C, Inc. Construction&Disaster Services Worldwide 740 Museum Drive•Mobile,Alabama 366o8.1-334-343-3581•FAX 1-334-343-5554 UNSOLICITED PROPOSAL April 10, 2000 Charles Boswell, Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Subject: Technical Assistance Costs for March, 2000 Tornado Recovery Dear Sir: DRC, Inc. will provide Technical Assistance as defined in scope and enumerated within Attachment 1 of the enclosed contract at the following costs: Job Title Unit Rate Vice President / Program Director Hourly $150.00 Senior Program Manager Hourly $120.00 Program Manager Hourly $95.00 Teleconferencing shall be invoiced at a minimum one (1) hour and subsequent hours. As-Needed-On-Sight-Consultation shall be billed at a minimum 4 hours for a single twenty-four (24) hour trip to Fort Worth. Temporary-Full-Time-On-Sight-Consultation requiring an overnight stay, where DRC personnel are unavailable for deployment to other DRC clients, will be billed at a rate of a minimum of eight (8) hours per day. Should the City determine that Saturday's or Sunday's be considered a "day-off' and the following Monday is a "work-day", DRC personnel will not be billed at the hourly rate for that day, but will bill for out-of-pocket costs (see below). Should the City determine that Saturday and Sunday are both a "day-off' and the following Monday is a "work- day", then DRC shall invoice for personnel at four (4) hours total for both days, per person, as stand-by time over these days. Out-of-pocket costs shall be invoiced to the City at actual cost. Out-of-pocket costs include, but are not limited to: lodging, rental vehicle, airfare, per-diem and/or actual subsistence dependant upon person, normal office supplies as required, etc. ,C0E)D Exibit A 6"lig tq°I'��N:�Wp u�o Charles Boswell, City of Fort Worth, Texas, Proposal of Technical Assistance Costs for March, 2000 Tornado Recovery This proposal shall be for a Thirty (30) day service period, with a not-to-exceed dollar amount during this period of Sixty-five Thousand Dollars ($65,000.00). Respectfully Submitted, s Thomas F. Rankin, Jr. Vice President Accepted: Date: PRINTED NAME Witness: Date: HILL Page 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 1 The following is a listing of services and/or tasks to be provided by CONTRACTOR to GOVERNMENT upon receipt by CONTRACTOR of a Notice to Proceed: SCOPE OF SERVICES ONE — DEBRIS REMOVAL Emergency Road Clearance The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the GOVERNMENT. This operational aspect of the scope of services shall be for the first 100 (plus or minus) hours after an Event. Once this task is accomplished, the following tasks will begin as required. Debris Removal from Public Rights-of-Way As identified by and directed by the GOVERNMENT, the CONTRACTOR shall accomplish the, pick-up and hauling of all eligible debris to the designated Temporary Debris Staging and Reduction Sites (TDSRS's) from public rights-of-way, and shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) and Publicly Owned Property (other than Rights-of-Way) Should an imminent threat to life, safety and health to the general public be present on private property or publicly owned property as referenced above, the CONTRACTOR as identified by and directed by the GOVERNMENT, will accomplish the demolition of structures and the removal and relocation of the debris to the public rights-of-way. This service shall commence upon receipt by CONTRACTOR from the GOVERNMENT the completed right of entry forms, hold harmless agreements, and the non-duplication of benefits agreements. The CONTRACTOR will place all debris collected through this process in the public rights-of-way, where the above scope of services (Debris Removal from Public Rights-of Way) shall commence. The GOVERNMENT feels that it is potentially in the best interest of the health and safety of its citizens to provide this service. The CONTRACTOR shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. V_, ii, airr.L I�l V+U `L�I�:�,lS UU11Urs U Page 1 of 6 ti Hazardous Stumps (Removal, Back-fill, Haul) As identified and directed by the GOVERNMENT, the CONTRACTOR shall remove all hazardous stumps, as identified by the GOVERNMENT, and haul each stump to a TDSRS. Each stump shall be inspected by the GOVERNMENT and CONTRACTOR inspector and documented as to the appropriate category of size for invoicing (see Attachment 2 for size categories and prices). The CONTRACTOR shall back-fill each stump hole with compatible material as determined by the GOVERNMENT and CONTRACTOR. Temporary Debris Staging and Reduction Sites (TDSRS) The CONTRACTOR will operate and manage the TDSRS's to accept and process all event debris. Any site preparation, to include but not limited to any site work and materials necessary to build and maintain roads for ingress or egress, or any roads throughout the site; the construction of a roofed inspection tower sufficient for a minimum of three (3) inspectors; any environmental requirements to include but not limited to wind-born debris control fencing, silt fencing, or water retention berms; the construction of an area for an office trailer and parking; and any other items necessary for site operations and management shall be negotiated upon issuance of a notice-to-proceed by the GOVERNMENT. The inspection of every load, in and out, is further defined in the documentation section below. All debris will be processed in accordance with all local, state and federal rules, standards, and regulations. Processing may include, but is not be limited to, reduction by tub grinding, incineration when approved, or other alternate methods of reduction such as compaction. Prior to reduction, all debris will be segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous wastes. All reduced debris as well as non-reducible debris will be disposed of at a location(s) agreed to by both parties. The GOVERNMENT shall maintain ownership as the responsible party for all debris under this Agreement. TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and Local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the CONTRACTOR's Debris Management Guide and Environmental Protection Plan. The TDSRS will be restored to its Pre-Use Condition. Associated costs for site reclamation shall be negotiated and agreed upon by both parties. 0lfGGQD Page 2 of 6 �ju U N�15��55����epp12M� FYI iI��Clf�p �15G�10 Disaster Event Generated Hazardous Wastes Abatement CONTRACTOR shall abate all hazardous waste identified by the GOVERNMENT in accordance with all applicable Federal, State and Local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Management Guide and Environmental Protection Plan. Prices for this Service included in this agreement as Attachment 4. Documentation and Inspections All storm debris shall be subject to inspection by the GOVERNMENT or any Public Authority in accordance with generally accepted standards to insure compliance with the contract and applicable local, state and Federal laws. The CONTRACTOR will, at all times,provide the GOVERNMENT access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating Federal or state agency shall be permitted to inspect all work and materials. The CONTRACTOR and the GOVERNMENT will have in place at the TDSRS's, personnel to verify the contents and cubic yards of the vehicles entering the TDSRS's. Records will be maintained of every vehicle entering the TDSRS, its cubic yardage and verification the vehicle leaving the TDSRS to ensure that it is in fact empty. The CONTRACTOR and the GOVERNMENT will monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the GOVERNMENT will have in place at the pick up site,personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use the CONTRACTOR and the GOVERNMENT will establish and record the certified cubic yard capacity and will inspect each haul truck. The CONTRACTOR will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the GOVERNMENT in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of GOVERNMENT employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Texas Department of Public Safety, FEMA and other applicable State and Federal Agencies to insure that eligible debris collection and data documenting same appropriately addresses concerns of the likely reimbursement agencies. Priority of Work Areas The GOVERNMENT will establish the priority of and shall approve the work area in advance, which the CONTRACTOR will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the eligible debris was removed in a clean and neat condition with the understanding that there will be certain debris that is not picked up by equipment, machinery and general laborers used by the CONTRACTOR. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the GOVERNMENT. E00 Page 3 of 6 i �T C ii aj Working Hours All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the TDSRS's, debris reduction may take place twenty-four (24) hours, seven(7) days per week if the CONTRACTOR deems it necessary and safe. CONTRACTOR shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. Debris Disposal The CONTRACTOR shall dispose of all debris, reduced debris, ash residue and other products of the debris management process in accordance with all-applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the CONTRACTOR with prior acceptance of the GOVERNMENT. Information regarding the location of final disposal shall be attached to this Agreement in the form of a Memorandum for the Record. The CONTRACTOR and GOVERNMENT inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in Cubic Yards. White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the GOVERNMENT Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. There is no additional payment made for handling of white goods as this cost of work is included in the cubic yard unit price for debris removal. Page 4 of 6 1P ti� 7 SCOPE OF SERVICES TWO - TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE SEE NOTE(1) 1. PUBLIC ASSISTANCE PROGRAM a) Damage Survey Report(DSR)or Project Worksheet(PW) i) Official DSR/PW requests—Assist GOVERNMENT personnel in the following: a) Identification of expenditures eligible for reimbursement b) Submission of official "request for DSR inspection" ii) Local government representation on DSR/PW team—Train and assist GOVERNMENT personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work C) Review of DSR/PW for accurate unit costs iii) Recovery process documentation—Assist GOVERNMENT personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. contract labor a) Recommendations to government officials on need to contract or utilize force account labor V) Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSR/PW tracking through State and Federal process C) Written and oral status reports to government officials b) Documentation Support i) Review of records system for applicability to Federal and State requirements ii) Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation iii) Assist in selection of"Clerk of Records" and provide detailed training for documentation iv) Review documentation for accuracy and quantity V) Assist in preparation of claim documentation C) Consultation and negotiation services i) Recommendations to government officials on plans of action ii) Provide guidance to government officials on issues involving Federal and State reimbursement iii) Assist GOVERNMENT officials in negotiations with Federal and State officials d) Other representations as may be requested/required NOTE(1): This is the concept of complete recovery management support where CONTRACTOR would assist an applicant on all aspects of the recovery process. CONTRACTOR personnel cannot assume the Sovereign Duties of the GOVERNMENT officials; therefore these services shall be in the form of guidance and consultation. Page 5 of 6 ITEM II: PROJECT MANAGEMENT SEE NOTE(2) 1. Define and/or review project scope of work 2. Assist government body in writing "request for proposals" 3. Review proposals/bids 4. Provide recommendations for award of contract 5. Define and/or review contract items 6. Ensure quality work through inspections and management technique a) Oversee project for compliance with scope of work b) Design methods to maintain documentation to verify consistency with scope of work and FEMA eligibility C) Support the requests for payment to ensure compliance with contract terms d) Develop progress reports for government officials e) Verify completion of scope of work task items for contract close-out f) Produce final inspection report for use in close-out audit for reimbursement by FEMA 7. Examples of projects a) Debris removal and disposal b) Demolition and disposal of public and/or private property C) Construction of emergency protective measures i) Berms ii) Dikes ill) Levees iv) Dams d) Force account labor and/or contract projects e) Reconstruction and/or repair of i) Airports and facilities ii) Water,waste water and industrial waste treatment plants iii) Hospitals, schools and office buildings iv) Power Plants V) Highway and railway tunnels vi) Pumping stations vii) Incinerators and/or composters viii) Waterfront and/or marine terminal facilities ix) Industrial buildings, warehouses, garages,hangars and comparable structures X) Highway and railway bridges xi) Roads and streets xii) Conventional levees, flood walls and retaining walls xiii) Small dams xiv) Storm sewers and drains xv) Sanitary sewers xvi) Water distribution lines xvii) Irrigation works NOTE(2): This is the concept of complete project management support where DRC, Inc. would represent an applicant in all aspects of a particular project, where DRC, Inc. is not the contractor physically performing the service, to include management of force account labor, contract and contractor. �uf- 'D ai F"S Q (r ,:. Page 6 of 6 U L''U� e��L�sU1 fdrilUS�1f AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/or tasks to be provided by CONTRACTOR to GOVERNMENT upon issuance to the CONTRACTOR of a Notice to Proceed. Costs denoted by an hourly dollar amount represent an hourly rate for personnel and/or equipment services. Costs denoted by a unit price denote the cost per Cubic Yard or cost per Ton to provide the appropriate services of debris removal. CONTRACTOR INVOICING The CONTRACTOR may invoice the GOVERNMENT not more than once every fifteen (15) Days. Fifteen(15) days after beginning work and/or providing services described in a Notice to Proceed, the CONTRACTOR shall submit the first payment request to the GOVERNMENT. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the period covered by the payment request and supported by such data as the GOVERNMENT may reasonably require. The GOVERNMENT shall, within five (5) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, state and local agencies pursuant to this Contract. The invoice must contain the following items as applicable to individual task orders: COSTS FOR SCOPE OF SERVICES ONE — DEBRIS MANAGEMENT Measurement and Payment for Gathering, Pick-up, and Hauling to TDSRS; Processing of Debris from Public Rights-of-Way; Hauling of Debris from TDSRS to Final Disposal Site The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris. The CONTRACTOR and GOVERNMENT will inspect each load to verify the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility and no payment will be allowed for that load, and the CONTRACTOR will not invoice the GOVERNMENT for such loads. For each suitable load picked up, hauled,processed, a record of the cubic yards will be recorded by the CONTRACTOR and GOVERNMENT on numbered tickets supplied by the CONTRACTOR. Copies of each load record will be available to the CONTRACTOR and the GOVERNMENT'S designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The GOVERNMENT may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the � fl G' C00ED Page 1 of 3 „ �,� �,,,���� CONTRACTOR, within five (5) working days of invoice date, for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive Fifteen Dollars and 00/100 ($15.00)per cubic yard, for a fifteen (15) mile one-way haul, for the material from public rights-of-way that is gathered, picked up, hauled to a TDSRS by the CONTRACTOR. CONTRACTOR shall receive Six Dollars and 25/100 ($6.25)per cubic yard for the processing of all debris at a TDSRS. CONTRACTOR shall receive Eight Dollars and 25/100 ($8.25)per cubic yard, for a fifteen(15) mile one-way haul, for each load hauled from the TDSRS to the final disposal site as designated by the GOVERNMENT. Disposal costs (Tipping Fees) shall be the responsibility of the GOVERNMENT. Measurement and Payment for Emergency Road Clearance, Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) and Publicly Owned Property (other than Rights-of-Way) Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore, the GOVERNMENT and the CONTRACTOR agree that the CONTRACTOR shall invoice the GOVERNMENT utilizing the hourly rates listed in Attachment 3 to this Agreement. Should it become feasible to utilize a unit cost conversion for a time and materials portion of this Agreement, the GOVERNMENT and CONTRACTOR shall negotiate a rate to supersede the hourly portion affected in a written Change Order to this Contract. A not-to-exceed amount shall be placed upon any specific work performed at an hourly rate at time of issuance of a Notice-to-Proceed by the GOVERNMENT to the CONTRACTOR as agreed upon by both parties. The GOVERNMENT and the CONTRACTOR shall have inspectors in the field with each work crew to monitor, record, and sign time sheets for the actual times worked for each piece of equipment and crew-member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the GOVERNMENT. Hazardous Stumps (Removal, Back-fill, Haul to TDSRS) The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires a unique documentation and costing. Each stump will be measured by the GOVERNMENT and CONTRACTOR inspectors assigned, three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is established, the stump will be physically numbered by the best means available, photo documented by the GOVERNMENT and recorded by the inspectors on a specific record provided by the CONTRACTOR. zi Page 2 of 3 The CONTRACTOR shall invoice the GOVERNMENT for hazardous stump removal and hauling to the TDSRS utilizing the following categories: Up to but less 6 inch diameter- $ 250.00 per stump 6 inch diameter and up, but less than 12 inches - $ 500.00 per stump 12 inch diameter and up, but less than 24 inches - $1,000.00 per stump 24 inch diameter and up, but less than 48 inches - $1,500.00 per stump Equal to or greater than 48 inch diameter- $2,000.00 per stump The CONTRACTOR shall invoice the GOVERNMENT Twenty-three Dollars and 00/100 ($23.00)per cubic yard for acquiring, hauling and placing clean back-fill material in holes left by hazardous stumps. COSTS FOR SCOPE OF SERVICES TWO - TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service will be negotiated at time of service. Page 3 of 3lvv� 0 City of Fort Worth, Texas 4volffor And Council Communication DATE REFERENCE NUMBERLOG NAME PAGE F 4/18/00 C-17983 02DRC 1 of 1 SUBJECT CONTRACT WITH DRC, INC. FOR DISASTER RECOVERY TECHNICAL ASSISTANCE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement for technical assistance in the disaster recovery process with DRC, Inc. in an amount not to exceed $65,000. F DISCUSSION: One of the leading firms in providing recovery services in the United States, DRC, Inc.'s resume includes experience helping the State of Florida (Hurricane Floyd) and Oklahoma City (the F5 tornado of 1999). The firm has particular expertise in the cost analysis, accounting and reimbursement area, and has offered to make it available to the City of Fort Worth. It offers a wide range of technical assistance expertise in the documentation support area, including process assistance, development, review and quality assurance of such critical documentation as Damage Survey Reports and Project Worksheets. In addition, DRC, Inc. provides consultation services, including guidance on effective strategic approaches for negotiating recovery and reimbursement issues with state and federal agencies. Services can be chosen from a menu-type list and will be utilized on an as-needed basis. Consulting personnel costs are hourly as follows: Vice-president - $150 per hour; Senior Program Manager - $120 per hour, and Program Manager - $90 per hour. Reimbursement for this expenditure will be sought from Federal sources. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that no funds were included in the budget for this expenditure. This expenditure will be reflected in Non-Departmental, Consultant Services. LW:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVE) Originating Department Head: CITY COUNCIL David Yett 7606 (from) APR 18 � GG01 531200 0905500 $65,000.00 additional Information Contact: Hugh Davis 7630 cityo$f Tort o h T°.C"-1