Page 1 – RFP for Emergency Stand-By Products, Services, and Debris Removal – JF0426-40

CITY OF BEAUMONT

PURCHASING DIVISION

RFP FOR:

Request for Proposal (RFP) for Emergency Standby Products, Services, and Debris Removal

RFP NUMBER: JF0426-40

RFP CLOSE: Thursday, September 10, 2026 at 2:00 P.M. (CT)

PRE-RFP MEETING: Thursday, September 3, 2026 at 9:00 A.M. (CT)

QUESTION CUTOFF: Tuesday, September 8, 2026 at 10:00 A.M. (CT)

SUBMIT RFP TO: https://beaumonttexas.ionwave.net/Login.aspx

FOR RFP RESULTS:

Go to the City of Beaumont’s e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx

FORMAL BIDS are bids the City anticipates that may come in over $50,000 and will require

City Council approval for award of the contract.

INFORMAL BIDS are bids the City anticipates that may come in under $50,000 and will not require City Council approval for award of the contract.

REQUEST FOR PROPOSAL

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REQUEST FOR PROPOSALS

Proposals will be received by the City of Beaumont, Beaumont, Texas, until 2:00 P.M. (CT), THURSDAY, SEPTEMBER 10, 2026, and all proposals will be opened and publicly read in the City

Council Chambers on that date for:

Request for Proposal (RFP) for

Emergency Standby Products, Services, and Debris Removal

There will be Non-Mandatory Pre-RFP Meeting on Thursday, September 3, 2026 at

9:00 A.M. (CT) at the First Floor Conference Room, City Hall, 801 Main Street, Beaumont, Texas 77701.

Questions must be submitted by 10:00 A.M. (CT) on Tuesday, September 8, 2026. Answers to the questions may be provided through an Addendum.

Proposal forms, specifications and all necessary information may be downloaded from the City’s e-bids platform at: https://beaumonttexas.ionwave.net/Login.aspx.

Proposals must be submitted through the City’s e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx. Vendors must register to submit a bid or proposal.

The City reserves the right to reject any or all proposals, or to accept any proposal or combination of proposals deemed advantageous to it.

Please make reference to RFP Number: JF0426-40

Proposal Closing Date: September 10, 2026

Tina Broussard

City Clerk

First Legal Notice Publication: August 20, 2026

Second Legal Notice Publication: August 27, 2026

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1. INTENT

The City of Beaumont is seeking Proposals from qualified Contractors to provide Emergency

Standby Products, Services and Debris Removal. The intent of this RFP is to have a vendor that can provide all types of products and services required in the case of a declared emergency.

This contract will be utilized when the City of Beaumont resources and contracts are not able to provide for an emergency in an immediate manner. The contractor would provide an additional source beyond existing City contracts. The City will use these products and services in a declared state of emergency such as hurricanes, earthquakes, tornadoes and manmade or natural disasters.

The types of items that may be required would be generators, lighting, toilet facilities, living accommodations, health facilities, etc. as well as on-site response teams to perform a wide range of emergency services including debris removal.

2. CONTRACT TERMS AND CONDITIONS

2.1 This contract shall be in effect for a period of three (3) years, beginning on the date of award.

2.2 Prices stated in the RFP submitted are to be firm for the initial three (3) year contract.

2.3 At the end of the initial term, the City may renew this contract for two (2) additional one

(1) year terms. This contract shall not exceed five (5) years total.

2.4 Price increases for any additional terms will be allowed according to the information provided in the Contract Pricing/Updates, page 20.

2.5 Any terms and conditions stated in original specifications will apply to any extended periods.

2.6 No minimum or maximum quantities of work are guaranteed.

2.7 Approval on behalf of the City to renew this contract shall be made by the City

Manager or his designee.

2.8 This contract may be canceled by either party by providing written notice as least thirty

(30) days in advance.

3. RFP CLOSE DATE AND TIME

RFPs are due no later than 2:00 P.M. (CT), THURSDAY, SEPTEMBER 10, 2026.

GENERAL RFP INFORMATION

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RFPs must be submitted through the City’s e-bids platform at:

Please note if there are any Addendums to this bid, they will be uploaded to the e-bids site and acknowledgement of all Addendums is required.

4. PRE-RFP MEETING

There will be a NON-MANDATORY PRE-RFP MEETING held on

THURSDAY, SEPTEMBER 3, 2026 AT 9:00 A.M. (CT) at the

First Floor Conference Room, City Hall, 801 Main Street, Beaumont, Texas 77701

5. QUESTIONS DEADLINE

5.1 Questions shall be submitted online at:

until 10:00 A.M. (CT) on TUESDAY, SEPTEMBER 8, 2026.

5.3 Questions received after the deadline may not be answered. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6. REQUIRED DOCUMENTS FOR RFP:

Go to the City’s e-bids platform at: https://beaumonttexas.ionwave.net/Login.aspx.

6.1 Vendor must complete all items online under the ATTRIBUTES tab:

6.1.1 Proposer’s Information,

6.1.2 Conflict of Interest Questionnaire (CIQ),

6.1.3 Wage Rate Requirements,

6.1.4 Addendums (if any).

6.2 Vendors must complete all items online under the LINE ITEMS tab:

None

6.3 Vendors must complete and upload with their bid submittal all items listed online under the RESPONSE ATTACHMENTS tab:

6.3.1 Cover Letter,

6.3.2 Organizational Chart,

6.3.3 Contractor Background,

6.3.4 Qualifications and References,

6.3.5 A List of Sub-Contractors, https://beaumonttexas.ionwave.net/Login.aspx

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6.3.6 Contractor Technical Experience,

6.3.7 Financial Resources and Bond Rating,

6.3.8 Training and Professional Experience (include all professional certifications),

6.3.9 Detailed Listing of Contractor’s Equipment and Resources,

6.3.10 Complete List of Existing Contracts and References from Past Clients, (List must include references from successful completion of three (3) debris removal projects in excess of one million [1,000,000] cubic yards as prime contractor),

6.3.11 Mobilization Plan,

6.3.12 Construction Drawings for Proper Air-Curtain Incineration Methods,

6.3.13 Construction Drawings for OSHA Compliant Temporary Inspection Towers,

6.3.14 Completed Rate Schedule Table,

6.3.15 Bid Sheet Continued,

6.3.16 House Bill 1295 (HB1295),

6.3.17 House Bill 89 (HB89),

6.3.18 Statement of City Charter,

6.3.19 Insurance Affidavit Only.

(Certificate of Insurance [COB1] MUST be submitted after award of contract.)

6.3.20 Forms for FEMA Contracts.

6.4 RFP items CANNOT be altered. If Proposer needs to include additional information, it is to be provided on a separate sheet, with the number of the RFP included, as well as the Proposer’s company name. Proposers may upload separate sheet(s) to the e-bid site at: https://beaumonttexas.ionwave.net/Login.aspx under the Response Attachments tab.

6.5 All required online entries and required uploaded documents MUST be submitted for the

RFP to be considered. Failure to do so may result in RFP rejection due to non-response.

6.6 Certifications, where required, shall accompany the RFP submission. They may be uploaded under the Response Attachments tab.

6.7 RFPs are to be submitted through online e-bids items only. Oral, telegraphic, e-mail, or telephone RFPs or modifications will not be considered.

6.8 Failure to comply with information requested on any of these items will result in disqualification of the proposal.

7. QUESTIONS

Specific questions concerning items or procedures in this solicitation, shall be submitted on https://beaumonttexas.ionwave.net/Login.aspx. Questions will be answered through an

Addendum and posted on the IONWAVE site. Vendors who received notification of the RFP opportunity will be notified of the Addendum via email.

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Questions received less than seven (7) calendar days prior to the date of opening RFPs may not be answered. Only questions that have been resolved by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7. COMMUNICATIONS PERTAINING TO BID/RFP

Bidders/Proposers shall not attempt to directly contact City Council members, management, or

CITY staff other than the contact person listed within this bid/RFP document, during the pre-proposal or post-proposal period unless and until award has been made, and any resulting contract or agreement has been executed. The CITY intends to respond to all appropriate questions or concerns; however, the CITY reserves the right to decline to respond to any questions or concerns. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the bid/RFP and must be acknowledged in the bid/proposal response. Only the written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

8. NO PERSON has the authority to verbally alter these specifications. Any changes to specifications will be made in the form of an Addendum which will be made available online at https://beaumonttexas.ionwave.net/Login.aspx. Vendors who received notification of the RFP opportunity will be notified of the Addendum via email.

9. All mathematical calculations will be verified. In the event of an error by Proposer, City calculation shall be considered correct. In the event of discrepancies, the unit price stated by vendor shall be considered the bid price.

10. The City reserves the right to accept or reject any response or combination of responses deemed advantageous to it.

11. STATEMENT OF BILLS PAID

Proposer may not be more than sixty (60) days past due on any debt to the City, including but not limited to: water bills, licenses, permits or fees, or more than ninety (90) days past due on property taxes.

12. EQUAL OPPORTUNITY EMPLOYER

The successful Proposer shall warrant and agree that he/she is an Equal Opportunity Employer.

Should complaints of any form of discrimination, either in dispensation of the service, or within company hiring policies be substantiated, this contract may be terminated immediately.

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13. H.B. 1295 COMPLIANCE –

Texas Ethics Commission Certificate Number -

The Awarded Vendor for the contract shall comply with the requirements of Section

2252.908 of the Texas Government Code as adopted in 2015 as House Bill 1295. The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits a Disclosure of Interested Parties to the governmental entity. The law applies only to a contract that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million.

Compliance with the law requires that the awarded Vendor utilize the Texas Ethics Commission website to enter the required information on Form 1295 and print a copy of the complete form. The form must be signed, notarized and submitted to the contracting government entity.

The City of Beaumont, in the case of contracts formalized by Purchase Order or by other written contract, will notify the Vendor of Award by Council and request the completed Form 1295 within five (5) working days thereafter.

H.B. 1295 SIGNATURE FORM within these specifications.

14. H.B. 89 COMPLIANCE –

Verification –

The Awarded Vendor for the contract shall comply with the requirements of Senate Bill 252 Ch. 2252 Certification: Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153 of the Texas Government Code as adopted in 2017 as House Bill 89

(HB89).

The law requires that a governmental entity may not enter in certain contracts with a business entity unless the business entity submits an executed HB89 Compliance form to the governmental entity.

Compliance with the law requires that the awarded Vendor complete the form and submit with bid or proposal. The form must be signed, notarized and submitted to the contracting government entity.

See H.B. 89 SIGNATURE FORM within these specifications.

15. AWARD FACTORS

15.1 The City reserves the right to waive bid or proposal informalities, to reject any or all bids or proposals, and to award to the most responsible bidder making the most satisfying offer to the City.

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15.2 Contract may be awarded as a complete package to include Section A and Section B.

The City may award up to three (3) contracts – a primary, secondary and tertiary contract, for these services as is most advantageous to the City.

15.3 The Contractor may not assign (subcontract) all or part of this contract to any other person, firm, or corporation without prior consent in writing by the City

15.4 The contract may be awarded to the bidder having sufficient ability to perform this

Contract as stated in conjunction with the best value to the City. Factors used to determine the award are:

15.4.1 Capability and experience of the Contractor, and

15.4.2 Price.

15.5 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality.

15.6 In determining the best value for the municipality, the municipality may consider:

15.6.1 the purchase price;

15.6.2 the reputation of the bidder and of the bidder’s goods or services;

15.6.3 the quality of the bidder’s goods or services;

15.6.4 the extent to which the goods or services meet the municipality’s needs;

15.6.5 the bidder’s past relationship with the municipality;

15.6.6 the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

15.6.7 the total long-term cost to the municipality to acquire the bidder’s goods or services; and

15.6.8 any relevant criteria specifically listed in the request for bids or proposals.

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16. RFP TABULATION

RFP Tabulation will be available on the City of Beaumont e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx. RFP tabulations will not be provided via any other means. Furnishing of tabulations prior to Council action or by means other than City e-bids platform is not authorized.

17. LIABILITY

THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD

HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND

EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND

DAMAGES OF EVERY KIND, FOR INJURY TO OR DEATH OF ANY PERSON

AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION

WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS

CONTRACT AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF

BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN

CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS

INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM,

DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED,

IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR

OR ANY INDEMNITEE.

Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers’ compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City’s approved Certificate of Insurance.

The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage.

18. INSURANCE

Contractor shall, always, during the Contract maintain in full force and effect insurance as stated in

Attachment “A”.

18.1 A certificate of insurance or a copy of the insurance policies as well as the forms provided in Attachment “A” shall be furnished to the City within five (5) working days after the award of bid. The forms provided in Attachment “A” must be completed by the

Awarded Contractor’s Insurance Agent.

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18.2 The City shall be named as additional insured on all policies. Should any insurance required by this Contract lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the City may terminate the Contract, and the Contractor shall be in breach of contract.

18.3 Should the City receive notices of insurance cancellation three (3) or more times within any twelve (12) month period, the City may cancel this Contract.

19. INVOICES

19.1 Payment by City to Vendor shall be made in accordance with the requirements of

Texas Government Code §2251.021.

19.2 Invoices must reference a Purchase Order number and the Department or

Division for which goods or services are provided.

19.3 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery of goods or services.

19.4 Invoices may be submitted via email to: invoices@beaumonttexas.gov

19.5 Invoices may be submitted via U.S. Mail to:

ATTN: Accounting Division

City of Beaumont

P. O. Box 3827

Beaumont, TX 77704-3827

19.6 Faxed invoices will not be accepted.

20. FUNDS FOR PAYMENT

Funds for payments are provided by the City of Beaumont budget approved by City Council for the current budget year only. The State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of the current City of Beaumont fiscal year will be subject to budget approval.

21. CONTRACT TERMINATION

The City, besides all other rights or remedies it may have, shall have the right to terminate this agreement upon thirty (30) days’ written notice from the City Manager or his designee, of its election to do so, or if the successful bidder fails to perform the services or breaches this agreement, including the following:

mailto:invoices@beaumonttexas.gov

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21.1 By failing to pay insurance premiums, liens, claims or other charges.

21.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens.

21.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business.

21.4 By violation of any provision or non-performance of the Agreement.

21.5 By death of the Contractor, or dissolution of the Contracting firm or business.

21.6 By failing to start and or complete assigned work within the agreed schedule.

22. EXAMINATION AND INTERPRETATION OF SPECIFICATIONS

(CONTRACT DOCUMENTS) PRIOR TO SUBMITTING PROPOSAL

Each bidder must review the specifications and fully familiarize themselves with all conditions and limitations affecting the work prior to submitting a proposal. Bidders shall include all costs necessary to perform the work as outlined in the proposal documents. No additional compensation will be granted due to a bidder’s failure to examine or understand these requirements.

22.1 If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the specifications, or finds discrepancies in or omissions from any part of the specifications, he may submit to the City a written request for interpretation thereof, no later than seven (7) days before bids will be opened.

22.2 Any interpretation or correction of the specifications will be made only by Addendum and will be mailed or delivered to each bidder of record. The City will not be responsible for any other explanations or interpretations of the Contract Documents.

23. CHANGES TO THE RFP

The City reserves the right to amend, at any time, any part of this RFP upon written notification to vendors; and to change any of the scheduled dates, including the proposal due date. All changes will become part of this RFP and will be incorporated into the contract entered between the City and the vendor.

24. WAGE RATE REQUIREMENTS

Attention is called to the fact that there must be paid, on this project, not less than the prevailing

Highway-Heavy, Municipal and Utilities wage rates for Jefferson County or, as applicable, wage rates for Federally Funded Construction Projects. It shall be the duty of the Contractor to keep posted on all the latest revisions. Also, qualifications being equal, citizens of the City of Beaumont

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This is in accordance with Article XVII, Section 7, Page 39 of the Charter of the City of Beaumont, Texas, as adopted on December 6, 1947, which is as follows:

“Section 7 – Citizens Given Preference in Employment: Except as herein otherwise provided, qualifications being equal, citizens of Beaumont shall be given preference in employment by the

City as well as by any contractor doing work for the City under contract, and such contractors shall pay the prevailing rate of wages paid for the class of work done; and qualifications, prices and quality of material being equal, citizens of Beaumont shall be given preference in awarding of all contracts over which the City has jurisdiction, provided that this section shall not interfere with the system of purchasing supplies for the various departments by competitive bidding.”

State law states a prevailing wage which can be determined by the local Government or use the

Department of Labor statistics. Federal Law states that you must follow Davis Bacon requirements which also utilizes the Department of Labor statistics.

Prevailing Wage and Inflation Reduction Act information can be found at: https://www.dol.gov/agencies/whd/IRA

Wage Determinations can be found at: https://sam.gov/wage-determinations

25. CONTACT INFORMATION

If any information is needed concerning specifications, please contact:

June Jordan, Buyer II

Purchasing Division / Finance Department

City of Beaumont

Physical Address:

801 Main St., Suite 315, Beaumont, TX 77701

Mailing Address:

P.O. Box 3827, Beaumont, TX 77704-3827

Phone (409) 880-3757

E-mail: june.jordan@beaumonttexas.gov https://www.dol.gov/agencies/whd/IRA https://sam.gov/wage-determinations mailto:june.jordan@beaumonttexas.gov

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1. PURPOSE

1.1 This is a RFP for the contracting of emergency standby products, services, and debris removal.

1.2 The intent of this RFP is to have a vendor that is capable of providing all types of products and services required in the case of a declared emergency.

1.3 This contract would be utilized when the City of Beaumont resources and contracts are not able to provide for an emergency, in an immediate manner. The Contractor would provide an additional source beyond existing City Contracts.

1.4 The City will use these products and services in a declared state of emergency such as hurricanes, earthquakes, tornadoes, man-made and natural disasters.

1.5 The types of items that may be required would include, but not be limited to:

a) generators,

b) lighting,

c) toilet facilities,

d) living accommodation,

e) health facilities, etc., and

f) on-site response teams to perform a wide range of emergency services including debris removal services.

1.6 The City requires a return phone call or response from the contractor day or night within two (2) hours of a representative from the City leaving a message for assistance.

1.7 The Contractor is expected to have products and services delivered to the City as per instructions on the RFP Sheet.

1.8 The City’s Emergency Management Office will administer this contract making determination of need and coordination of other existing contracts.

1.9 The successful respondent (Contractor) must be capable of assembling, directing, and managing a work force that can complete the debris management operations in a maximum of 120 days.

REQUEST FOR PROPOSALS SPECIFICATIONS

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2. GENERAL INFORMATION

2.1 SUBMISSION OF RFP

Proposals must be submitted through the City’s e-bids platform at:

https://beaumonttexas.ionwave.net/Login.aspx. Vendors must register to submit a bid or proposal.

There are two (2) parts to this RFP:

2.1.1 Section A - the Emergency Standby Products and Services, and

2.1.2 Section B - Debris Removal.

2.2 AWARD OF RFP

2.2.1 The City reserves the right to reject any and all responses or withdraw this offer at any time.

2.2.2 This contract will be awarded as a complete package to include Section A and Section B.

2.2.3 The City may award up to three (3) contracts - a primary, secondary and tertiary contractor - for these services.

2.2.4 This contract shall be awarded after City Council approval and termination of prior contract.

2.3 CONTRACT TERM

2.3.1 This contract shall be in effect for a period of three (3) years, beginning on the date of award.

2.3.2 Prices stated in the proposal submitted are to be firm for the initial three (3) year contract.

2.3.3 At the end of the initial term, the City may renew this contract for two (2) additional one (1) year terms.

2.3.4 Price increases for any additional terms will be allowed per information provided in the Contract Pricing/Updates, page 20.

2.3.5 Any terms and conditions stated in original specifications will apply to any extended periods.

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2.3.6 Approval on behalf of the City to renew this contract shall be made by the City

2.4 A representative of the awarded contractor will be expected to arrive at the Emergency

Operation Center no later than six (6) hours after the City’s request. In an anticipated event, the City’s expectation is to notify the representative twelve (12) hours prior to the arrival or tropical force winds. The representative shall be prepared to shelter at a City facility. This representative would be responsible for maintaining contact with the contractor as to the City’s requirements during the hurricane, man-made, or other natural disasters.

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SECTION A

EMERGENCY STANDBY

PRODUCTS AND SERVICES

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1.0 GENERAL REQUIREMENTS

1.1 Authorized Contract Users.

This contract will be used by or at the direction of the City of Beaumont. The Contractor understands and agrees that use of this contract in the event of a declared emergency is optional and will be primarily for, but not limited to, the City of Beaumont.

1.2 Time is of the Essence.

The parties hereby agree that time is of the essence for performance of this contract.

Contractor warrants and guarantees that it will use its best efforts to acquire and deliver required products and services at the price and on the terms quoted herein. Contractor shall fully cooperate and coordinate with the City to maximize timely delivery of products and services. The City reserves the right to acquire part or all of the products/services offered by Contractor under this contract from other available resources, as deemed necessary in the best interests of the City to meet this requirement. The Contractor agrees and understands that its guarantee of timely performance hereunder is an inducement to the City to enter into this contract, and that the Products or Services covered by this Contract will be available on an as needed basis, subject to circumstances then existing. It is expected that within twenty-four (24) hours of notice to process the Contractor shall mobilize equipment and resources. A minimum of fifty percent (50%) of the ordered equipment and resources shall arrive within forty-eight (48) hours. One hundred percent (100%) of the equipment and resources ordered are expected to arrive within ninety-six (96) hours.

1.3 Non-Assignment.

The City has entered into this contract on the express understanding that Contractor has the capacity and ability to respond rapidly with the delivery of the products/services stated on RFP Sheets in a declared emergency. Therefore, the resulting contract may not be assigned, transferred, or conveyed, without the prior written consent of the City.

1.4 Compliance with Applicable Codes/Law.

It is the Contractor’s responsibility to provide product, equipment and materials hereunder which are configured or otherwise compliant with all applicable federal, state or municipal safety and health codes, laws, or ordinances. The Contractor is solely liable for any expenses, fines, or penalties imposed due to a violation, including traffic infractions or parking violations attributable to employees, subcontractors or agents of the

Contractor.

EMERGENCY STANDBY PRODUCTS AND SERVICES

CITY OF BEAUMONT, TEXAS

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1.5 Issuance of a Purchase Order.

This Contract does not constitute a Purchase Order. It is the framework within which the

City, in the event of a declared emergency, may issue a Purchase Order to the Contractor.

Purchase Orders may be transmitted electronically, including fax or e-mail, to facilitate timely delivery on a 24 hour/7 day-a-week basis and are considered to have been submitted to Contractor upon successful transmission.

1.6 Inspection.

The quality of products or services shall be subject to inspection by the City at any time.

Should it be found that quality of products delivered or services being performed is not satisfactory, and that the requirements of the specifications are not being met, the City acting on its own behalf, may terminate the contract, and employ another Contractor to fulfill the requirements of the contract.

1.7 Stop Work Order/Cancellation for Cause. Upon notice to Contractor and a failure, within twenty-four (24) hours, to cure a stated deficiency, the City or Authorized User, in its sole judgment, reserves the right to stop the work covered by a Purchase Order. The

City reserves the right to cancel this contract in its entirety at any time for cause when the

City deems that the Contractor is unable or incapable of performing the work including meeting the requisite delivery time frames, or otherwise adequately meeting the needs of the declared emergency. In the event of such stoppage or cancellation, the City shall provide immediate written notice of Contractor’s default and shall have the right to arrange for the completion of the work in such manner as is deemed in its best interests.

1.8 Access to Site.

The City reserves the right to reject and bar from the facility or job site any subcontractor, agent or employee hired by the Contractor.

1.9 Payment of Operators.

Where product involves the delivery of equipment or heavy machinery without services, and unless otherwise mutually agreed, it shall be the responsibility of the City to furnish labor and pay all operators employed on the equipment during the period of use.

1.10 Notices.

All notices hereunder shall be delivered in person, fax, e-mail or certified mail to an authorized representative of the party to whom delivery is made at the place of business of that party, or to any other place specifically designated by the party.

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1.11 Point of Delivery.

Contractor shall not ship without obtaining a specified point of delivery from the City.

The Contractor is responsible for obtaining and paying fees for all duties, tariffs, highway and other special permits that may be required for delivery. Prices proposed shall be assumed to include all applicable delivery, freight, set up and shipping charges as well as taxes unless otherwise specified in the Contractor’s proposal. Tax exemption certificates from the City shall be furnished upon Contractor’s request.

1.12 Power/Cable Specifications.

Unless the parties agree otherwise, products requiring power for operation shall be non-electric. At the option of the City, Contractor shall provide, at the expense of the City, sufficient electrical cable to enable the connection to the distribution systems identified by the City.

1.13 Equipment Condition.

Products shall be in good working order and, where applicable, be equipped with all

OSHA required safeguards. Contractor shall make every effort to ensure that equipment provided includes as many safety-related options as practical.

Where equipment is mounted on trucks, truck chassis, etc., it must meet at least the minimum manufacturer’s recommendations for Gross Vehicle Weight Rating

(G.V.W.R.), Front Gross Axle Weight Rating (F.G.A.W.R.), Rear Gross Axle Weight

Rating (R.G.A.W.R.) and curb weight. Unsatisfactory or unsafe equipment, as determined by the City shall be picked up by the Contractor at Contractor’s expense.

1.14 Availability of Product or Equipment.

Contractor shall deliver product or equipment within the time period specified on the bid tabulation sheet, after the City’s placement of order. If product or equipment will not be available for delivery within that period, Contractor shall inform the City at the time of order to allow the City to locate an alternate source for the equipment. Failure to provide ordered product; equipment or services within the requisite time frames may constitute a material breach and grounds for immediate cancellation of the contract upon notice.

Additionally, the City reserves the right to cancel this Contract after twenty-four (24) hours of any order placement if, in the City’s sole judgment, Contractor does not possess adequate resources or mobilization ability to meet the needs of the emergency by delivering products or services within time frame of request.

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1.15 Contractor’s Coordinator.

The Contractor must specify the name of a contact person and phone number who can be reached for all communications and ordering 24 hours per day, 7 days per week during the time of the declared emergency. Contractor shall be responsible for updating this information within one (1) week of any change.

1.16 Product Inventory.

Contractor shall supply an inventory of equipment along with its invoice, which shall be verified by a City representative at the time of delivery.

1.17 Additional Generators.

Should the City require additional generators during an emergency event, other than those listed in the final contract awarded, generator pricing shall remain within the pricing of similar generators quoted within the contract (reference Table 2 of RFP Sheet).

2. BILLING/PAYMENTS

2.1 Contract Billing.

2.1.1 Contractor shall provide complete and accurate billing invoices to the City in order to receive payment.

2.2 Responsibility for Payment.

2.2.1 Payments for purchases made by other agencies under this Agreement shall be the sole responsibility of such entities and the Contractor shall bill such entities directly on vouchers authorized by the said entities.

3. CONTRACT PRICING/UPDATES

3.1 Amendments.

After the initial three (3) year term, it is the intention of the City to amend this contract as required reflecting product and service changes or price adjustments during the contract period. Price increase requests must be received no later than ninety (90) days prior to the end of contract. Depending on the nature of product and service changes one of three methods will be used as set forth below. The increase shall be the lessor of two (2) percent or the methods listed below:

3.1.1 price escalation based upon CPI-U, Houston/Galveston Area, Page 21 – RFP for Emergency Stand-By Products, Services, and Debris Removal – JF0426-40

3.1.2 the Federal Emergency Management Agency (FEMA) reimbursement rate method,

3.1.3 or formal contract amendment method.

NOTE: The City Manager must approve of any price adjustment or contract amendment.

4. CONTRACT TERM, UPDATES, & CANCELLATIONS

4.1 Contract Term.

After approval by City Council and termination of prior contract, this contract shall be awarded. The contract shall not be used until such time as the Office of Emergency

Management (OEM) declares an emergency and Purchase Order is issued. The contract may then be used for ordering until such time as the OEM declares the initial state of emergency over and normal purchasing procedures resume. The contract may also be available for use during any subsequently declared state(s) of emergency as OEM required, but no longer than a period of three (3) years from the date of the City Council approval, with a renewal option for up to two (2) additional years, upon the mutual agreement of the parties. Said renewal term is also subject to the approval of the City

Manager.

4.2 Cancellation/Termination.

Notwithstanding the above, the City reserves the right to cancel this contract, in whole or in part, after the first month of contract use upon seventy-two (72) hours written notice to Contractor. Otherwise, termination of the contract shall be in accordance with the original contract term and any renewals mutually agreed to by the parties. Pro-rated payments shall be made through the end of the period of service as specified on the

Purchase Order weekly or monthly, as applicable. If the period of service is not originally specified in the Purchase Order, then such period shall be deemed weekly and payments pro-rated accordingly. This contract may be terminated for convenience at any time during the 180-day performance period unless extended by the City.

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SECTION B

DEBRIS REMOVAL

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1. Introduction

The City of Beaumont (“the CITY”) is located in Southeast Texas, and has a population of approximately 115,000 citizens based upon the 2020 census estimate. The City encompasses eighty-four (84) square miles and includes eight hundred (800) miles of improved and maintained roadway, which includes all municipal roadways.

This is a coastal community vulnerable to a wide range of hazards including tropical storms, tornadoes, severe flooding, hazardous material incidents, and other events capable of generating substantial quantities of disaster-related debris in a single catastrophic incident. Previous debris producing disasters, such as the 1997 Ice Storm, 2005 Hurricane Rita, 2008 Hurricane Ike, 2017

Hurricane Harvey, and 2019 Tropical Storm Imelda generated on average approximately 1,000,000 cubic yards of debris within the City’s limits.

2. RFP Requirements

Bidding firms must, at a minimum, have performed at least three (3) debris removals, reductions and disposal operations in excess of 1,000,000 cubic yards, and provide references for the communities where these operations took place. The contractor must have performed these services as the prime contractor on at least two (2) operations in the last seven (7) years.

2.1 Proposing Contractors should, at a minimum, provide:

2.1.1 Organizational chart

2.1.2 CONTRACTOR background

2.1.3 A list of Sub-Contractors

2.1.4 CONTRACTOR technical experience

2.1.5 Financial resources and bond rating

2.1.6 Training and professional experience (include all professional certifications)

2.1.7 Detailed listing of Contractor’s equipment and resources

2.1.8 Complete list of existing contracts and references from past clients

(List must include references from the successful completion of three

(3) debris removal projects in excess of one million [1,000,000] cubic yards) as prime Contractor.

2.1.9 Mobilization plan

2.1.10 Construction drawings for proper air-curtain incineration methods.

2.1.11 Construction drawings for OSHA compliant temporary inspection towers

2.1.12 Completed rate schedule

DEBRIS REMOVAL

CITY OF BEAUMONT, TEXAS

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3. SCOPE OF WORK

3.1 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to clear and remove debris from CITY roadways, and waterways, to make them passable immediately following a declared disaster event. All roadways designated by the CITY

DEBRIS MANAGER shall be clear and passable within seventy (70) working hours of the issuance of a notice to proceed from the CITY to conduct emergency roadway clearance work. Clearance of roadways may be performed by the City and those roadways will be identified by the CITY DEBRIS MANAGER.

3.2 This work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport vegetative debris existing in the CITY Right-of-Way (“ROW”) to a CITY approved, Temporary Debris Staging and Reduction Site (“TDSRS”) or other designated disposal facility.

3.2.1 Vegetative debris existing in the CITY ROW is defined as debris resulting from a hurricane, man-made, or other natural disaster which has been or will be placed along public right-of-ways, easements, CITY parks, alleys, City-owned property, and CITY debris staging areas.

3.2.2 For the purposes of this contract, vegetative debris, which is piled in immediate close proximity to the actual legal street right-of-way, and which is accessible from the right-of-way line with loading equipment (i.e. not behind a fence or other physical obstacle), will be deemed to be on the right-of-way, and is to be removed.

3.2.3 Removal of vegetative debris existing in the CITY will be performed as identified by the CITY DEBRIS MANAGER.

3.3 This work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport Construction and Demolition (“C&D”) debris existing in the CITY ROW to a CITY approved TDSRS or other designated disposal facility.

3.3.1 C&D debris existing in the CITY ROW is defined as debris resulting from a hurricane or other man-made or natural disaster which has been or will be placed along public right-of-ways, easements, CITY parks, alleys, City-owned property, and CITY debris staging areas.

3.3.2 For the purposes of this contract, C&D debris which is piled in immediate close proximity to the actual legal street right-of-way, and which is accessible from the right- of-way line with loading equipment (i.e. not behind a fence or other physical obstacle), will be deemed to be on the right-of-way, and is to be removed.

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3.3.3 Removal of C&D debris existing in the CITY ROW will be performed as identified by the CITY DEBRIS MANAGER.

3.4 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to remove all hazardous trees, hanging limbs two (2) inches or greater, and uprooted stumps existing in the CITY ROW and private property within the jurisdictional limits of the CITY. Further, debris generated from the removal of hazardous trees, hanging limbs two (2) inches or greater, and uprooted stumps existing in the CITY ROW and private property, as well as scattered vegetative debris on private property, will be transported to a CITY-approved TDSRS or other designated disposal facility.

3.4.1 Removal and transportation of hazardous trees, hanging limbs two (2) inches or greater, and uprooted stumps existing in the CITY ROW and private property, as well as scattered vegetative debris on private property, will be performed as identified by the CITY DEBRIS MANAGER. All disaster specific eligibility guidelines regarding size and diameter of leaning trees and uprooted stumps will be communicated to the CONTRACTOR, in writing, by the CITY DEBRIS

MANAGER.

3.4.2 Entry onto private property will only be permitted when directed by the CITY or its authorized representative. The CITY will provide specific Right-of-Entry

(“ROE”) legal and operational procedures.

3.5 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to demolish structures in the CITY ROW and private property within the jurisdictional limits of the CITY. Further, debris generated from the demolition of structures in the

CITY ROW and private property, as well as scattered C&D debris on private property, will be transported to a CITY approved TDSRS or other designated disposal facility.

3.5.1 Removal and transportation demolished structures and scattered C&D debris on private property, will be performed as identified by the CITY DEBRIS

3.5.2 Entry onto private property will only be permitted when directed by the CITY

DEBRIS MANAGER. The CITY will provide specific ROE legal and operational procedures.

3.5.3 CONTRACTOR is required to strictly adhere to any and all Local, State, and

Federal regulatory requirements for the demolition of structures.

3.6 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to manage and operate TDSR sites for the acceptance, staging, and reduction of disaster related debris. TDSRS layout and ingress and egress plan must be approved by the

CITY DEBRIS MANAGER.

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3.6.1 The management of TDSR sites includes assistance in obtaining necessary Local, State, and Federal Permits and operating in accordance with all Local, State, and

Federal regulatory agencies.

3.6.2 Debris at the TDSRS will be clearly segregated and managed according to the separately priced collection operations outlined in sections 3.1, 3.2, 3.3, 3.4, and

3.5 herein.

3.6.3 CONTRACTOR is responsible for providing TDSRS traffic control.

3.6.4 CONTRACTOR is responsible for providing TDSRS dust control.

3.6.5 CONTRACTOR is responsible for providing 24-hour site security.

3.6.6 CONTRACTOR shall provide a tower from which the CITY or its authorized representative can make volumetric load calls. The tower provided by the

CONTRACTOR will at a minimum meet the specifications provided in the

Debris Site Tower Specifications of this procurement.

3.6.7 CONTRACTOR is responsible for operating the TDSRS in accordance with

Occupational Health and Safety Administration (“OSHA”) guidelines.

3.6.8 Upon completion of haul-out activities, CONTRACTOR shall remediate the site to pre-disaster condition and obtain a written release from the CITY or its authorized representative.

3.6.9 Once the debris management site is selected for use, the Contractor will provide the City a Site Management Plan which includes:

3.6.9.1 Access to site.

3.6.9.2 Site Preparation – clearing, erosion control, and grading.

3.6.9.3 Traffic control procedures.

3.6.9.4 Safety procedures.

3.6.9.5 Segregation of debris.

3.6.9.6 Location of ash disposal area, hazardous material containment area, contractor work area and inspection tower.

3.6.9.7 Location of incineration and grinding operations that comply with Texas

Commission on Environmental Quality (TCEQ) regulations, if required.

Burning operations must maintain a minimum 100-foot clearance from

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3.6.9.8 Location of existing structures or sensitive areas requiring protection.

3.6.9.9 Restoration of Site.

3.7 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce incident generated debris by grinding. Reduction methods are at the discretion of the CITY DEBRIS MANAGER. Grinding must be approved by the

CITY DEBRIS MANAGER prior to commencement of reduction activities.

3.7.1 All un-reduced incident debris must be staged separately at the TDSRS.

3.7.2 All C&D debris must be reduced via grinding in order for the CITY to compensate the CONTRACTOR for reduction.

3.8 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce incident generated debris by incineration. Reduction methods are at the discretion of the CITY DEBRIS MANAGER. Incineration must be approved by the CITY DEBRIS

MANAGER prior to commencement of reduction activities.

3.8.1 All un-reduced incident debris must be staged separately at the TDSRS.

3.9 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to pick up and transport reduced material existing at a CITY approved TDSRS to a final disposal facility.

3.9.1 All un-reduced incident debris must be transported to a final disposal facility separately from reduced debris.

3.10 This work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary for the removal, transportation, and disposal of Household Hazardous Waste (“HHW”).

3.10.1 The removal, transportation, and disposal of HHW includes obtaining all necessary Local, State, and Federal Handling Permits and operating in accordance with all Local, State, and Federal regulatory agencies.

3.11 This work shall consist of the removal of abandoned vessels from CITY Waterways.