PRE EVENT CONTRACT FOR DISASTER RECOVERY SERVICESPre-Event Contract for Disaster Recovery Services
THIS PRE-EVENT CONTRACT FOR DISASTER RECOVERY SERVICES ("Contract") is
entered into and effective as of this � day of�ll.l.�- , 2012 ("Effective Date"), by
and between AshBritt, Inc., a Florida corporation, whose address is 565 E. Hillsboro Boulevard,
Dee�eld Beach, Florida 33441 (hereinafter referred to as "Contractor") and City of
Clearwater, Florida, a municipal corporation, whose address is 112 South Osceola Ave,
Clearwater, Florida 33756 (hereinafter referred to as "City").
RECITALS
WHEREAS, it is foreseen that it is in the public interest to provide for the expedient
removal and disposal of storm and other disaster related debris within the corporate limits of the
City and to provide disaster recovery technical assistance to the appointed and elected officials
of the City resulting from a future natural or manmade disaster; and
WHEREAS, the City has in the past suffered the full force and effect of major storms
and the resulting destruction brought upon the City by such storms or manmade events; and
WHEREAS, the public health and safety of all the City's citizens will be at serious risk
in the event of a storm or other disaster; and
WHEREAS, the immediate clean-up and economic recovery of the City and its citizens
is a major concern and the primary priority for recovery; and
WHEREAS, the availability of experienced prime disaster response contractors may be
severely limited in the event of a storm or other disaster; and
WHEREAS, Contractor has the experience, equipment, manpower, resources, pernuts
and licenses to perform all storm or disaster related debris removal, remediation and disposal
services; and recovery services; and
WHEREAS, the City and the Contractor have agreed to the scope of services, pricing
schedule, terms, conditions and technical specifications as fully set out in this Contract; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufiiciency of
which are hereby acknowledged, and in consideration for the mutual covenants and agreements
hereinafter set forth, Contractor and City agree as follows:
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1.0 SERVICES
1.1 Scope of Contracted Services:
The recitals above are true and correct and are incorporated herein by reference. T'he
Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, supervision and all other services and facilities of any nature necessary
to execute, complete and deliver the timely removal and lawful disposal of all eligible
stornt-generated or other disaster related debris (hereinafter referred to as
"Debris "), including hazazdous and industrial waste materials, and within the time
specified in Section 3.3 of this Contract, Emergency Debris push, Debris removal and
disposal, demolition of structures and hazazd mitigation actions shall be limited to:
1) That which is necessary and determined to eliminate immediate threats to life,
public health, and safety;
2) 'That which has been deternuned to eliminate immediate threats of significant
additional damage to improved public or private property; and
3) That which is considered essential to ensure the economic recovery of the affected
areas of the City to the benefit of the City at large.
Contractor shall provide for the cost-effective and efficient removal and lawful
disposal of Debris accumulated on all public properties, streets, roads, other rights-of-
way, and any other locally owned facility or site as may be directed by the City.
Contracted services will only be performed after the delivery to the Contractor of an
Approved Work Authorization and a Notice-to-Proceed by the City. The Contractor
shall load and haul the Debris from within the legal boundaries of the City to a site(s)
specified by the City as set out in Section 4.8 of this Contract.
1.2 Emergency Push / Road Clearance:
The Contractor shall accomplish the cutting, tossing, stacking and/or pushing of
Debris from the primary transportation routes including hazardous hanging limbs
and/or hazardous leaning trees as identified by and directed by the City or the
Government's applicable representatives (the "Monitoring Team"). This operational
aspect of the scope of contracted services shall be for the first 70 hours (plus or
minus) after a disaster event and issuance of the City's Notice-to-Proceed, unless
extended by the City in accordance with FEMA Regulation 325. Once this Debris
push task is accomplished, the additional tasks as detailed in this agreement will
begin as requested by the City.
1.3 Right-of-Way (ROW) Removal:
The Contractor shall mechanically remove, load and/or haul all Debris from the
local ROW when directed to do so by the City. The Debris shall be delivered to a
City designated Temporary Debris Storage and Reduction Site (TDSRS) for
processing. The Contractor shall use reasonable caze to prevent damage to City or
private property not already damaged by the disaster event in the process of ROW
Debris removal. The Contractor, its agents, employees, servants, and subcontractors
shall only be liable for any damage caused by its negligence or intentional
wrongdoing.
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1.4 Right-of-Entry (ROE) Removal (if implemented):
The Contractor will remove ROE Debris from private property with due diligence,
as directed by the City or the Monitoring Team. The Contractor agrees to make
reasonable efforts to save from destruction items that the property owners wish to
save, (i.e., trees, small buildings, etc.) The Contractor will exercise reasonable care
when working around public utilities (i.e., gas, water, electric, sewer, etc.). Every
effort will be made by the City to mark these utilities. Contractor does not warrant
that utility damages will not occur as a result of conducting the services provided
under this Contract and shall be liable only for those damages caused by it or its
agents, employees, servants, and/or subcontractors negligence or intentional
wrongdoing.
1.5 Demolition of Structures (if implemented ):
The Contractor will demolish any unsafe structures designated for removal only at
the direction of the City or the Monitoring Team. The Contractor agrees to
demolish and remove in a timely manner all unsafe structures as determined and
directed by the City as set out in Section 1.1 of this Contact
1.6 Private Property Waivers:
The City will secure all necessary pernussions, waivers and right-of-entry agreements
from property owners for the removal of Debris and/or demolition of structures from
private residential and/or commercial properties, if deemed necessary in the City's
sole discretion as set out in Sections 1.4 and 1.5 above.
1.7 Management of Temporary Debris Storage and Reduction Site (TDSRS):
The Contractor shall operate and manage all TDSRS as the City may require and
authorize. In doing so, the Contractor will perform all of the following actions and
services:
A. Prepaze a layout plan for each TDSRS;
B. Provide the City with a pre-use condition report of the TDSRS, to include soil
test, photos and other evidence of prior use and conditions;
C. Provide site security, traffic control, fire safety, tower construction and any
environmental safe guazd requirements in compliance with applicable law;
D. Process a11 Debris as directed by the City, to include grinding, incineration, and/or
compaction with as much separation as may be practical;
E. Separate white goods for specialized disposal as directed by the City; and
F. Restore any TDSRS to as near pre-storm conditions as possible using the pre-use
condition report as a basis.
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1.8 Disaster Recovery Technical Assistance:
The Contractor will provide, upon request of the City, Disaster Recovery Technical
Assistance to elected and appointed officials within the City. This service shall
include reasonable support guidance on a11 aspects of the recovery process. Emphasis
will be on Debris management and disaster grants. The Contractor will provide
compliance and documentation support through the use of experienced specialists.
These specialists will be supervised by a senior Contractor team member with the
goal of assisting the City to receive the maximum reimbursement available from
external sources.
1.9 Other Disaster Services:
The City may require, request and direct the Contractor to supply andlor perform
other/additional services not set out in Section 1.0 of this Contract, provided
reasonably related to the disaster recovery and remediation. The scope of these
additional tasks, and the compensation to be paid therefore, including reasonable
Contractor profit, as agreed by the parties, shall be conveyed in writing to the
Contractor and any such writing shall become an amendment to this Contract upon
approval and execution by the parties.
1.9.1 Additional Support Services:
T'he Contractor can/will provide Additional Support Services as requested by the
City. The Contractor maintains an inventory of professional storm and disaster
recovery service providers, which include but are not limited to: emergency power
and generators, potable water, emergency ice, feeding facilities, disaster worker
support (housing, laundry, and security), waterway clearing, preservation of historical
sites, vessel recovery, hazardous waste remediation, and bio-terrorism remediation.
In the event the City requests the Contractor to provide Additional Support Services,
the Contractor will deliver immediately a price or cost for each service requested for
consideration and negotiation
The multiple variables attending such services (i.e., timing, distance, units required,
duration of service, etc.), makes the listing or pricing of each such Additional Support
Services as an attachment to this Contract impractical. Contractor will provide such
services at the lowest possible unit, hourly or lump sum price possible with a
reasonable pro�t to Contractor. The provision of any such Additional Support
Services shall be set forth in writing and signed by the parties, and shall become an
amendment to this Contract.
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2.0 PERFORMANCE OF SERVICES
2.1 Description of Service:
The Contractor agrees to perform the contracted services described in Section 1.0 in
a professional and workmanlike manner and in compliance with all applicable laws,
ordinances, rules, regulations and pernuts. Services, equipment and workmanship not
confornung to this Contract and all applicable laws may be rejected. Replacement,
repair and/or rework, as may be required, will be accomplished at no additional cost
to the City.
2.2 Cost of Services:
The Contractor shall bear the costs of performing a11 contracted services hereunder,
as directed by the City, including but not limited to that which is set out in Section
1.0. Such costs include applicable pernuts and license fees as well as all maintenance
costs required to maintain its vehicles and other operating equipment in a condition
adequate to accomplish the contracted services as set out in this Contract.
2.3 Matters Related to Performance:
2.3.1 Subcontractor(s):
The Contractor may utilize the service of subcontractors and shall be
responsible for the acts or omissions of its subcontractors to the same
extent the Contractor is responsible for the acts and omissions of its
employees, agents and servants. The Contractor shall ensure that all its
subcontracts have and carry the same major provisions as this Contract
and that the work of its subcontractors is subject to said provisions.
Nothing contained in this Contract shall create any contractual relationship
between any subcontractor and the City. The Contractor shall supply the
names and addresses of subcontractors and materials suppliers when
requested to do so by the City.
2.3.2 Indemnification:
The Contractor agrees to indemnify, hold harmless and defend the City
from and against any and a11 liabilities, suits, actions, legal proceedings,
claims, demands, damages, costs and expenses (including reasonable
attorney's fees) arising out of any negligent or intentional act or omission
of the Contractor, its agents, subcontractors or employees in the
performance of this Contract and the contracted services required
hereunder. Contractor shall not be liable to indemnify the City from any
claim arising out of the City's breach of this Contract or negligent or
intentional act or omission. If any claim ar demand is made against the
City for any matter indemnified herein, City shall give notice thereof to
the Contractor within seven (7) days, and Contractor shall assume the
defense of such claim through counsel reasonably acceptable to the City.
As separate consideration for this indemnification, defense and hold
harmless obligation provided by Contractor hereunder, the parties
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acknowledge and agree that the iirst one hundred dollars ($100.00) of the
Contract sum to be paid to Contractor is paid as separate consideration
for these indemni�cation obligations of Contractor. Nothing herein,
however, shall be construed as the City's waiver of any immunity from or
limitation of liability it may be entitled to under the doctrine of sovereign
immunity or section 768.28 Florida Statues.
2.3.3 Insurance(s):
The Contractor agrees to keep the insurance specified below in full force
and effect during the term of this Contract. Except for workers'
compensation, the Contractor must also name the City as an additional
insured while working within the boundaries of, or on behalf of the City.
Coverage shall be obtained with a carrier(s) having an A.M. Best rating of
A-VII or better.
2.3.4 Worker's Compensation:
This coverage is required if the Contractor employs individuals on either
a full or part-time basis to perform the contracted services.
♦ Worker's Compensation - Statutory State Requirements
♦ Employer's Liability -$100,000 each employee each accident,
$100,000 each employee by disease and $500,000 aggregate by
disease with benefits afforded under the laws of the State of Florida.
♦ Coverage should include Voluntary Compensation and U.S.
Longshoremen's and Harbor Workers' Act coverage where applicable.
♦ Coverage must be applicable to employees, contractors, and
subcontractors, if any.
2.3.5 Automobile Liability:
Bodily Injury $1,000,000 each person
$1,000,000 each accident
Property Damage $1,000,000 each accident
2.3.6 Comprehensive General Liability:
Bodily Injury $1,000,000 each person
$2,000,000 aggregate
Property Damage $1,000,000 each accident
$2,000,000 aggregate
2.3.7 Insurance Cancellation / Renewal:
The Contractor will notify the City at least thirty (30) days in advance of
cancellation, non-renewal or adverse change to the required insurance.
New certificates of insurance are to be provided to the City at least ten
(10) days following coverage renewals or changes.
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3.0 STANDARDS OF PERFORMANCE
3.1 Contractor Representative:
The Contractor shall have a knowledgeable and responsible Manager/Supervisor
report to the City's designated Contract Representative within twenty-four (24) hours
following delivery of a Notice-to-Proceed by the City. The Contractor's
Manger/Supervisor sha11 have the authority to implement all actions and
commitments required to begin the performance of contracted services as set out in
this Contract and the Contractor's General Operations Plan.
3.2 Mobilization:
When the written Notice to Proceed has been received by the Contractor and/or the
on-site Contractor Manager/Supervisor, he/she will make a11 necessary arrangements
to mobilize suffcient resources to begin work within forty-eight (48) hours. The
balance of the maacimum required resources will be mobilized as needed to support
the most efficient workforce augmentation as possible.
3.3 Time to Complete:
The Contractor shall complete all directed work as set out in Section 1.0 of this
Contract within 180 working days from delivery of the Notice to Proceed and in
accordance with Section 5.8 of this Contract, unless extended by the City.
3.4 Completion of Work:
The Contractor shall be responsible for removal of all Debris up to the point where
remaining Debris can only be described as storm litter and additional collection can
only be accomplished by the use of hand labor.
3.5 Extensions :
In as much as this is a"time is of the essence" based Contract, the commencement of
contracted services will be as set out in Section 3.2. If the completion of this Contract
is delayed by actions of the City or force majeure events, then the time to complete
specified in Section 3.3 shall be extended for such time as caused by the delay to
allow the Contractor to complete the performance of the Contract. This Contract
may also be extended by mutual consent of both the City and the Contractor for
reasons of additional time, additional services and/or additional areas of work. Force
majeure events shall include, but not be limited to, Acts of God, strikes, labor
shortages, or other events beyond the reasonable control of Contractor or City.
3.6 Term of Contract:
The term of the Contract shall be for three (3) consecutive years beginning on the
Effective Date, with the City having the option to extend the term of this Contract for
two (2) additional one-year periods upon written notice delivered at least sixty (60)
days prior to the expiration of the term or any extended term.
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3.7 Contract Renewal:
This Contract may be renewed for additional one year terms after a written
acceptance of both parties on any negotiated changes to the terms and specifications
contained in this Contract. Section 7.0 and Exhibit-B (AshBritt Hourly/Service Rate
Schedule) of this Contract may be reviewed on an annual basis, at which time
amended unit costs and rates may be submitted by the Contractor to the City to
reflect the current disaster recovery market value of a11 contracted services in this
Contract. Such amendments shall become part of this Contract after both parties sign
any such written amendment(s).
3.8 Contract Termination:
This Contract shall terminate upon 180 days written notice from either party and
delivered to the other party as set out in Section 8.1 of this Contract.
4.0 GENERAL RESPONSIBILITIES
4.1 Other Agreements:
The City may be required to enter into agreements with federal and/or state agencies
for disaster relief. The Contractor shall be bound by the terms and conditions of
such agreements. A copy of any such agreements or instructions shall be delivered to
the Contractor, in writing, within seven (7) days of execution.
4.2 City Obligations:
The City shall furnish all information and documents necessary for the
commencement of contracted services, to include a valid written Notice to Proceed
delivered to Contractor. A representative will be designated by the City (City
Representative) to be the primary point of contact for inspecting the work and
answering any on site questions prior to and after activation of this Contract via a
written Notice to Proceed. The City Representative shall have full authority to act on
behalf of the City on all matters required under this Contract. The City is responsible
for issuing all Public Service Announcements (PSA) to advise citizens and agencies
of the available storm Debris services. The Contractor may assist the City with the
development of Debris-based PSA(s), if requested.
4.3 Conduct of Work:
The Contractor shall be responsible for planning and conducting all operations in
a manner that is satisfactory to the City's discretion. The Contractor shall exhibit
respect for the citizens and their individual private properties. All operations shall be
conducted under the review of the City Representative. The Contractor shall have
and require strict compliance with all legal requirements and accepted ethical
practices.
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4.4 Supervision:
The Contractor will supervise and/or direct all contracted services. The Contractor
is solely responsible for the means, methods, techniques, safety program and
procedures utilized to perform the contracted services. The Contractor will employ
and maintain on the work site a qualified Manager/Supervisor who shall have full
authority to act on behalf of the Contractor on all communications given by the City,
as further provided in Section 3.1.
4.5 Damages:
The Contractor sha11 be responsible for conducting operations in such a manner as to
cause the minimum damage possible to existing public, private and commercial
property and/or infrastructure. Contractor shall be responsible for any damages
owing to the negligence or intentional wrongdoing of its employees and
subcontractors as set out in Sections 1.2 through 1.5 of this Contract.
4.6 Other Contractor(s):
The Contractor shall acknowledge the presence of other contractors involved in
disaster response and recovery activities by the federal, state and local government
and of any private utility, and shall not interfere with their work. City shall not,
however, contract with any other contractor or subcontractor for the contracted
services or Additional Support Services provided herein, unless the Contractor
consents in writing.
4.7 Ownership of Debris :
All Debris shall become the property of the Contractor far removal and lawful
disposal. The Debris will consist of, but not be limited to vegetative, construction
and demolition, white goods and household solid waste.
4.8 Disposal of Debris:
Unless otherwise directed by the City, the Contractor shall be responsible for
determining and executing the method and manner for lawful disposal of all eligible
Debris, including regulated hazardous waste. The location of the TDSRS(s) and final
disposal site(s) shall be determined by the City. Other additional sites may be
utilized as directed and/or approved by the City.
5.0 GENERAL TERMS and CONDITIONS
5.1 Geographic Assignment:
The geographic boundary for work by the Contractor hereunder shall be as directed
by the City and will be limited to properties located within the City's legal
boundaries.
5.2 Multiple, Scheduled Passes:
The Contractor shall make no fewer than two scheduled and/or unscheduled passes
of each area impacted by the storm or disaster event. The City shall direct the
interval timing of a11 passes. Sufiicient time shall be pernutted between subsequent
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passes to accommodate reasonable recovery and additional Debris placement at the
ROW by the citizens and the City. Upon agreement between the City and the
Contractor the number of passes may be increased based on mutual agreement
regarding the amount of additional Debris brought to the ROW. �
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5.3 Operation of Equipment: �
The Contractor shall operate all trucks, trailers and all other equipm�nt in
compliance with any/a11 applicable federal, state and locallaws, rules and regul�tions.
Equipment shall be in good working condition. All loading equipment sliall be
operated from the road, street or ROW using buckets andlor boom and g�apple
devices to collect and load Debris. No equipment shall be allowed behind the �urb or
outside of the public ROW unless otherwise directed by the City. Should op�ration
of equipment be required outside of the public ROW, the City will provide a Right-
of-Entry Agreement, as set out in Section 1.6 of this Contract.
5.4 Certification of Load Carrying Capacity:
The Contractor shall submit to the City a certified report indicating the type of
vehicle, make and model, license plate number, assigned Debris hauling numbier and
measured maximum volume, in cubic yards, of the load bed of each piece of
equipment to be utilized to haul Debris. ,
The measured volume of each piece of equipment shall be calculated from the ,actual
physical measurement performed by the City or Monitoring Team and Contt�actor
Representative(s). A standard measurement form certifying actual ptiysical
measurements of each piece of hauling equipment shall be an attachment to the
certified report(s) submitted to the City by the Contractor. �
5.5 Vehicle Information:
The maximum load capacity of each hauling vehicle will be rounded to the riearest
whole cubic yard (CY). (Decimal values of .1 through .4 will be rounded down and
decimal values of .5 through .9 will be rounded up.) The measured maximum load
capacity (as adjusted) of any vehicle load bed will be the same as shown on the �trailer
measurement form and placarded on each numbered vehicle or piece of equipment
used to haul Debris. All vehicles or equipment used for hauling will have and use a
Contractor approved tailgate and sideboards will be limited to those that protect the
load area of the trailer.
5.6 Security of Debris During Hauling:
The Contractor shall be responsible for the security of Debris on/in each vehicle or
piece of equipment used to haul Debris. Prior to leaving the loading site(s), the
Contractor shall ensure that each load is secure and trimmed so that the Debris does
not extend horizontally beyond the bed of the hauler. All loose Debris shall be
reasonably compacted and secured during transport.
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5.7 Traffic Control:
The Contractor shall mitigate the impact on local traffic conditions to all extents
possible. The Contractor is responsible for establishing and maintaining appropriate
traffic control in accordance with the latest Manual of Uniform Trafiic Control
Devices and applicable law. The Contractor shall provide sufficient signing,
flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all
Debris removal, reduction and/or disposal site(s).
5.8 Monitoring of Debris Operations
The Government may require that the City conduct a Debris monitoring program.
The Contractor will assist the monitoring team, if this activity is by force account or
contracted. The Contractor will cooperate and coordinate with the Debris monitoring
team in all aspects of the team activity. If the City elects to conduct the Debris
monitoring by force account, the Contractor will conduct detailed Debris monitoring
training at the request of the City. Debris eligibility deternunations, by the
monitoring team, shall be made at the point of vehicle loading. Determinations of the
vehicle percentage full, by the monitoring team, shall be made at the entrance to the
TDSRS. Logistical support and reports to the City on Debris monitoring activities
are the responsibility of the team manager or monitoring contractor.
5.9 Work DaysJHours:
The Contractor may conduct Debris loading and hauling operations from sunup to
sundown, seven days per week. Any mechanical, Debris reduction operations at the
TDSRS may be conducted twenty-four hours per day, seven days per week, only with
the City's consent. The work week is from the start of operations on Sunday am, thru
the end of operations on Saturday pm. Adjustments to work days andlor work hours
shall be as directed by the City following consultation with and notification to the
Contractor.
5.10 Hazardous and Industrial Wastes:
The Contractor shall set aside and reasonably protect all hazardous or industrial
materials encountered during Debris removal operations for collection and disposal in
accordance with applicable local, state and federal guidelines governing the
transportation and disposal of said hazardous or industrial materials. T'he Contractor
will provide, operate and maintain a Hazardous Waste and Industrial Material Storage
and Containment area until proper disposal of such waste is feasible. The
Contractor may use the services of a subcontractor specializing in the management
and disposal of such materials and waste, if the Contractor is directed to conduct
such operations by the City.
5.11 Stumps:
All hazardous/eligible stumps identiiied by the City will be extracted, loaded,
transported, stored, reduced and disposed in accordance with the standards of this
Contract. Stump voids will be filled with clean fill material native to the
geographical area. All stumps that are removed and the stump voids that are iilled
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will be documented, and invoiced by the contractor for payment in accordance with
the rates contained on Exhibit B(Ashbritt Hourly/Service Rate Schedule).
5.12 Utilizing Local Resources:
T'he Contractor shall, to the extent practicable, give priority to utilizing resources
within the City. This local preferences priority will include, but not be limited to,
Debris hauling, procurement of services, supplies and equipment, and awarding other
recovery service subcontracts and employment to the local work force.
5.13 Work Safety:
The Contractor shall provide and enforce a safe work environment, in compliance
with applicable federal, state and local law, in all activities under this Contract. The
Contractor will provide such safety equipment, training and supervision as may be
required by the City and/or Government. The Contractor shall ensure that its
subcontracts contain a similar safety provision.
5.14 Inspection and Testing:
All Debris shall be subject to adequate inspection by the City or any public authority
in accordance with generally accepted standards to ensure compliance with the
Contract and applicable federal, state and local laws. The City will, at all times, have
access to all work sites and disposal areas. In addition, authorized representatives and
agents of the Government shall be permitted to inspect all work activities, equipment,
materials, invoices plus other relevant records and documentation of the City and
Contractor.
5.15 Other Agencies:
The term "Government" as used in this Contract refers to those governmental
agencies federal, state or local, which may have a regulatory or funding interest in
this Contract and the contracted services provided hereunder.
6.0 REPORTS CERTIFICATIONS and DOCUMENTATION
6.lAccountable Debris Load Forms:
The City sha11 accept the serialized copy of the Contractor's Debris reporting
ticket(s) as the certified, original source documents to account for the measurement
and accumulation of the volume of Debris delivered and processed at the TDSRS.
The serialized ticketing system will also be used in the event of additional Debris
handling for volume reduction and/or the possible requirement for a Debris transfer
station(s). These tickets will also be utilized for Debris haul out for iinal disposal.
These tickets will be the basis of any electronic generated billing and/or report(s).
6.2 Reports:
The Contractor shall submit periodic, written reports to the City as requested or
required, detailing the progress of Debris removal, processing and disposal. These
reports may include, but not are limited to:
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6.2.1 Daily Reports:
The daily reports will detail the location where passes for Debris removal
were conducted, the quantity of Debris (by type) removed or disposed, the
total number of crews engaged in Debris management operations, the crew
assignments by zone, the number of burners, grinders, chippers and
mulching machines in operation, and their daily production. The
Contractor will also report damages to private property caused by the
Debris operation or damage claims made by citizens and such other
information as may be required to completely describe the daily conduct
of the Contractor's operations. This report will reflect close of business at
6 pm for the prior twenty four (24) hours.
6.2.2 Weekly Summaries:
A weekly summary of all information contained in the daily reports as set
out in Section 6.2.1 will be provided to the City. The Contractor will
provide this report within two business days after the end of the week.
The Contractor will provide both reports in written and electronic format
if requested.
6.2.3 Report(s) Delivery:
The scheduled time and point of delivery for the Debris and other recovery
operations reports will be directed by the City in consultation with the
Contractor.
6.2.4 Final Project Closeout Report:
Upon iinal inspection and/or closeout of the project by the City, the
Contractor shall prepare and submit a detailed description of all Debris
management activities to include, but not limited to the total volume, by
type of Debris hauled, reduced and/or disposed, plus� the total cost of the
project invoiced to the City. If requested, the Contractor will provide
additional information to adequately document the conduct of the Debris
management operations for the City and/or Government, to include
electronic spread sheets.
6.3 Additional Supporting Documentation:
The Contractor shall submit reports and/or other documentation on Debris loading,
hauling, disposal and load capacity measurements as may be required by the City
and/or Government to support requests for Debris project reimbursement from
external funding sources.
6.4 Report Maintenance:
Contractor may be subject to audit by federal, state and local agencies pursuant to
this Contract. The Contractor will maintain all reports, records, and Debris
reporting tickets and contract correspondence for a period of not less than three (3)
years after iinal project closeout. These maintained reports may include electronic
scanned copies of the daily load tickets and tower determination of percent full.
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6.5 Contract File Maintenance:
T'he Contractor will maintain this Contract and the invoices that are generated for
the contracted services for a period of not less than five (5) years.
7.0 UNIT PRICES and PAYMENTS
7.1 Unit Price for Emergency Push / Road Clearance:
The Contractor will invoice the City and be paid for this contracted service in
accordance with the rates as set out in Exhibit-B (Ashbritt Hourly/Service Rate
Schedule).
7.2 Unit Price for Debris:
The unit price per cubic yard or ton includes all costs for mobilization, loading,
transportation, storage, reduction, disposal, overall project management and de-
mobilization as may be directed by the City. All eligible contracted Debris shall be
invoiced in accordance with the rates set out in Exhibit A(Compensation Based on
Multiple Tasking) or Exhibit B(Ashbritt Hourly/Service Rate Schedule).
7.3 Unit Prices for Stumps:
The City will determine the necessity and eligibility for ALL stump removal. The
unit price of compensation for stump pulling, loading, transportation, storage,
reduction and/or disposal shall be based on the stump size and corresponding rate as
set out in Exhibit A(Compensation Based on Multiple Tasking) or Exhibit B
(Ashbritt Hourly/Service Rate Schedule).
7.4 Billing Cycle:
The Contractor shall invoice the City on a bi-weekly basis as of the close of
business on the last working day of the billing period. Serialized Debris reporting
tickets and disposal site veriiication of the actual cubic yardage for each load of
Debris or itemized stumps will support all invoices.
7.5 Payment Responsibility:
The City agrees to accept the Contractor's invoice(s) and supporting documentation
as set out in Section 6.3 of this Contract and process said invoices for payment within
30 days of receipt of the Contractor's invoice. The City will advise the Contractor
within five (5) working days of receiving any invoice that requires additional
information for approval to process for payment. The City will make payment of any
undisputed amounts within thirty (30) days of receipt of Contractor's invoice, and
the balance within thirty (30) days of the requested additional information.
7.6 Ineligible Work:
The Contractor will not be paid for the removal, transportation, storage, reduction
and/or disposal of any material that may be deternuned by the City and/or
Government as ineligible Debris, or for stumps or other services that have not been
requested or approved by City.
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7.6.1 Eligibility Inspections:
The Contractor and City or the Monitoring Team will inspect each load
to verify that the contents are in accordance with the accepted deiinition of
eligible Debris, as set out in Section 1.1 of this Contract.
7.6.2 Eligibility Determinations:
If any load is suspected to contain material that does not conform to the
definition of eligible Debris, the load will be ordered to be deposited at
another landfill, receiving facility or at a special location at the TDSRS.
The Contractor will not invoice the City for such load(s) until the issue
of eligibility is resolved.
7.7 Unit Price/Service Negotiations:
Unknown and/or unforeseen events or conditions may require an adjustment to the
pricing provided in Sections 7.1, 7.2 and 7.3 or Exhibit A or Exhibit B hereto. Any
amendments, extensions or changes to the scope of contracted services or unit prices
are subject to full negotiations between the City and the Contractor, and shall be set
forth in writing.
7.8 Specialized Services:
The Contractor may invoice the City for costs incurred to mobilize and demobilize
specialized equipment required to perform services in addition to those speciiied
under Section 1.0 of this Contract. Additional specialized services or equipment will
only be performed or provided if/when directed by the City. The rate for specialized
mobilization and demobilization shall be fair and reasonable and in accordance with
Exhibit B.
7.9 Amended Pricing
The pricing of services in this contract reflects the anticipated severity and magnitude
of a major disaster event. The City may choose to activate the Contractor in
response to a disaster event of less magnitude. Upon Contractor activation by
Notice-to-Proceed for a lesser event, the Contractor reserves the right to submit to
the City an amended and reduced pricing schedule. Any such amended pricing
schedule will be submitted within three (3) business days of activation or upon the
completion of the Contractor's damage assessment survey, whichever occurs first.
The City will indicate acceptance within 24 hours of the delivery of the proposed
amended pricing schedule and the logic for such action. Any amendment to the
contract pricing for a current activation does not amend the pricing for any future
disaster event.
15
8.0
MISCELLANEOUS
8.1 Notice:
Whenever in this Contract it is necessary to give notice or demand by either party to
the other, such notice or demand shall be given in writing and forwarded by facsimile,
recognized overnight delivery service or certified or registered mail, return receipt
requested, and addressed as follows:
To Contractor at:
John Noble, COO
AshBritt, Inc.
565 E. Hillsboro Boulevard
Dee�eld Beach, FL 33441
Telephone: (954) 545-3535
Facsimile: (954) 545-3585
To City at:
Earl Gloster
Director, Solid Waste/General Services
1701 N. Hercules Ave
Clearwater, FL 33765
Telephone: (727-562-4990)
Facsimile: (727-562-4939)
Notice by facsimile shall be deemed delivered on the date of transmission provided a
receipt evidences same and otherwise on the date of the signed receipt of delivery.
8.2 Litigation:
No party may commence litigation against the other party without providing written
notice and demand to the other party setting forth the matters in dispute including the
amounts in dispute and no party may commence litigation against the other party
without first mediating the dispute before a certif ed mediator in Pinellas County,
Florida. In the event, the mediation results in an impasse, the parties may commence
litigation. With respect to any litigation, this Contract shall be construed and
governed by the laws of the State of Florida, without giving effect to any choice or
conflict of law provision or rule. The sole and exclusive venue for any suit, action or
proceeding arising out of, relating to, to interpret or for breach of this Contract, or
with respect to the Contract work (a "Related Proceeding") shall be in the courts of
Pinellas County, Florida, federal or state. Each of the parties irrevocably consents
and submits to the exclusive subject matter and personal jurisdiction of the courts of
the State of Florida located in Pinellas County, and of the United States District Court
for the Southern District of Florida located therein for the purposes of a Related
Proceeding, and irrevocably waives, to the fullest extent it may effectively do so, (i)
any objection it may have to the laying of venue of any Related Proceeding in the
Courts of Pinellas County, Florida, federal or state, and (ii) the defense of any
inconvenient forum to the maintenance of any Related Proceeding in such court.
8.3 Entire Contract:
This Contract (including any schedules or exhibits attached hereto) constitutes the
entire Contract and understanding between the parties with respect to the matters
contained herein. This Contract supersedes any prior contracts and/or understandings
relating to the subject matter hereof. This Contract may only be modi�ed, amended
or extended by a written instrument executed by both parties.
��
8.4 Waiver:
In the event one of the parties waives a default by the other, such a waiver shall not
be construed or deemed to be a continuing waiver of any subsequent breach or default
of the other provisions of this Contract, by either party.
8.5 Severability:
If any provision of this Contract is deemed or becomes invalid, illegal or
unenforceable under the applicable laws or regulations of any jurisdiction, such
provision will be deemed amended to the extent necessary to conform to applicable
laws or regulations. If it cannot be so amended without materially altering the
intention of the parties, it will be stricken and the remainder of this Contract will
remain in full force and effect.
8.6 Binding Effect
This Contract shall be binding on and inure to the benefit of the heirs, successors and
permitted assigns of the parties hereto.
8.7 Headings
All sections and headings are used for convenience only and do not affect the
construction or interpretation of this Contract.
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8.8 Counterparts
This Contract may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which shall constitute one and the same Contract..
IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate
name by its authorized representative and the City has caused this Contract to be signed in its
legal corporate name by persons authorized to execute said Contract as of the Effective Date.
:
Title:
Chief Operating Officer
ATTEST:
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Name — Title
Countersigned:
� c�e� ��{ n c� t� e�s
George N. Cretekos
Mayor
Approved to f .
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Ca.ri1110 A. SOtO
Assistant City Attorney
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CITY OF CLEARWATER, FLORIDA
By: � • �'
Wi liam B. Horne II
City Manager
Attest:
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Rosemarie Call
City Clerk
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Attachments: Exhibit-A (Compensation Based on Multiple Tasking)
Exhibit-B (AshBritt Hourly/Service Rate Schedule)
Attachment A
FEE SCHEDULE — PART A: UNIT PRICES
Item/Description Unit Unit Price
1.0 Loading and Hauling Debris from Public Property Cubic Yard $ 7.50
and Rights-of-Way to a Temporary Debris Staging
and Reduction Site
(Note: Rate for haul distances of 0- 30 miles of less one-way)
2.0 Loading and Hauling Debris from Public Property
and Rights-of-Way to a Final Disposal Site
(Note: Rate for haul distances of 0- 60 miles or less one-way)
3.0 Management and Operation of a Temporary Debris
Staging and Reduction Site
4.0 Debris Reduction by Chipping/Grinding
5.0 Freon Management and Recycling
6.0 Animal Carcass Collection, Hauling and
Fina1 Disposal
Cubic Yard $ 12.50
Cubic Yard $ 2.00
Cubic Yard $ 1.95
Per Unit $ 85.00
Pound $ 4.25
7.0 Loading and Hauling Debris Reduction Cubic Yard $ 4.75
By-PPOCIUCtS t0 a Flri� D1SpOSaI Slte (Note: Rate for haul distances of 20 miles or less;
For distances greater than 20 miles add $0.21 per by/miles.)
8.0 Loading and Hauling Household Hazardous Pound $ 50.00
Waste to a Final Disposal Site
9.0 Hazardous Stump Removal, Loading and
Hauling to a Temporary Debris Staging and
Reduction Site
A. 24 inch to 35.99 inch diameter
B. 36 inch to 47.99 inch diameter
C. 48 inch and larger diameter
10.0 Clean, Fill Dirt
11.0 Sand Screening
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Each $165.00
Each $275.00
Each $375.00
Cubic Yard $ 15.00
Cubic Yard $ 9.25
Attachment B
FEE SCHEDULE - PART B: EQUIPMENT AND LABOR RATES
Item/Descriation Hourlv Price
1.0 JD 544 Wheel Loader with debris grapple $120.00
2.0 JD 644 Wheel Loader with debris grapple $140.00
3.0 Extendaboom Forklift with debris grapple $115.00
4.0 753 Bobcat Skid Steer Loader with debris grapple $ 80.00
5.0 753 Bobcat Skid Steer Loader with bucket $ 80.00
6.0 753 Bobcat Skid Steer Loader with street sweeper $ 80.00
7.0 30-50 H Farm Tractor with box blade or rake $ 65.00
8.0 2- 2'h cu. yd. Articulated Loader with bucket $130.00
9.0 3-4 cu. yd. Articulated Loader with bucket $150.00
10.0 JD 648E Log Skidder, or equivalent $125.00
11.0 CAT D4 Dozer $105.00
12.0 CAT DS Dozer $115.00
13.0 CAT D6 Dozer $150.00
14.0 CAT D7 Dozer $175.00
15.0 CAT D8 Dozer $215.00
16.0 CAT 125 - 140 HP Motor Grader $130.00
17.0 JD 690 Trackhoe with debris grapple $145.00
18.0 JD 690 Trackhoe with bucket & thumb $145.00
19.0 Rubber Tired Excavator with debris grapple $135.00
20.0 JD 310 Rubber Tired Backhoe with bucket & hoe $ 95.00
21.0 Rubber Tired Excavator with debris grapple $135.00
22.0 210 Prentiss Knuckleboom with debris grapple $150.00
23.0 CAT 623 Self-Loader Scraper $195.00
24A Hand-Fed Debris Chipper $ 55.00
25.0 300 - 400 HP Horizontal Grinder $425.00
26.0 800 - 1,000 HP Horizontal Grinder $525.00
27.0 30 Ton Crane $245.00
28.0 50 Ton Crane $325.00
29.0 100 Ton Crane (8 hour minimum) $425.00
30.0 40 - 60'Bucket Truck $150.00
31.0 Greater Than 60' Bucket Truck $175.00
32.0 FueUService Truck $ 85.00
33.0 Water Truck $ 91.00
34.0 Portable Light Plant $ 45.00
35.0 Lowboy Trailer with Tractor $130.00
36.0 Flatbed Truck $ 85.00
37.0 Pick-up Truck (unmanned) $ 14.50
38.0 Self-Loading Dump Truck with debris grapple $167.00
39.0 Single Axle Dump Truck, 5- 12 cu. yd. $ 75.00
40.0 Tandem Axle Dump Truck, 16 - 20 cu. yd. $ 80.00
41.0 Tandem Axle Dump Truck, 21 - 30 cu. yd. $ 95.00
42.0 Tandem Axle Dump Truck, 31- 50 cu. yd. $100.00
20
43.0
44.0
45.0
46.0
47.0
48.0
49.0
50.0
51.0
52.0
53.0
54.0
Tandem Axle Dump Truck, 51— 80 cu. yd.
Power Screen
Stacking Conveyor
Chainsaw
Air Curtain Incinerator, self-contained
Temporary Office Trailer
Mobile Command and Communications Trailer
Laborer, with sma11 hand tools, and Traffic Control Flagperson
Skilled Sawman
Crew Foreman with cell phone
Operations Manager with cell phone
Tree Climber
$120.00
$200.00
$ 95.00
$ 10.00
$ 55.00
$ 21.50
$125.00
$ 32.50
$ 45.00
$ 65.00
$100.00
$ 85.00
*Note: All equipment descriptions submitted will be in accordance with the FEMA
`�Typed Resource Definitions".
**Note: All equipment rates include the cost of the operator, fuel, and maintenance.
***Note: All labor rates include the cost of personal protective equipment, including but
not limited to: hardhat, traffic safety vest, steel-toed shoes, gloves, leggings and protective
eyewear.
- COPYRIGHT WARNING -
FEDERAL LAW PROVIDES FOR SEVERE CIVIL AND CRIMINAL PENALTIES FOR THE
UNAUTHORIZED REPRODUCTION AND DISTRIBUTION OF COPYRIGHTED
DOCUMENTS AND PRODUCTS.
THIS DOCUMENT IS LICENSED TO ASHBRITT, INC. FOR PROPOSAL AND
CONTRACTING PURPOSES ONLY. ANY COPYING, DISTRIBUTION OR USE BY
OTHERS IS STRICTLY PROHIBITED. ALL OTHER RIGHTS RESERVED.
21