FLORIDA DEBRIS MANAGEMENT SERVICES - PIGGYBACK CONTRACT WITH MANATEE COUNTY
July 3,2006
Tom Downes, Director
City of Clearwater, Florida
Solid Waste/General Services Department
1701 Hercules Avenue
Clearwater, Florida 33765
RE: MANATEE COUNTY, FLORIDA DEBRIS MANAGEMENT SERVICES
AGREEMENT; DATED APRIL 23, 2002
Dear Mr. Downes:
Phillips & Jordan, Inc. is pleased to offer the City of Clearwater the opportunity to
piggyback on our existing contract with Manatee County, Florida for disaster debris
management services.
This offer is made at the same terms and conditions as are listed in the referenced
contract. I delivered a copy of this document to you on Friday, June 30, 2006.
If this agreeable to you, please sign and date both copies and return one original to me.
Sincerely,
PHILLIPS & JORDAN, INC.
Timothy R. Berkhimer, P.E.
Director, Disaster Recovery Group
N.dI'~_ t5 -~1L
Signature
1/tzt !CJ{,
. Dale
William B. Horne II
Printed Name
City Manager
Title
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P.O. Drawer 604; 16 Court St.. Robbinsville, NC 28771
ph 828.479.3371 · fax 828.479.3010
www.pandj.com
,
Clerlf of the Circuit Court and Comptroller
P.O. Box Z5400 . Brildenton, Florldil34Z06 . (9411749-1800. FAX /9411741-4082. WWW.milMteeclerIJ.com
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March 24, 2006
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TO:
Phillips & Jordan, Inc.
8940 Gall Boulevard
Zephyrhills, FL 33541
MAR 2 8 2006
FROM:
Clerk of Circuit Court
Board. Records Dep~ent
Quantana Af:evedo
P. O. Box 25400
Bradenton, FL 34206
RE:
Addendum 3 1c Agreement -
Debris Mane ~ement Services
Approved:
In open session by the ooard of County Commissioners,
Manatee County, Florida on March 21, 2005.
cc: Board Records
Signature page to Ron MacReynolds, Purchasing (via e-mail)
Finance (via e-mail)
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Clerk of Circuit and County Court. Clerlt of Board of County Commissioners. County Comptroller, Auditor and Recorder
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ADDENDUM NUMBER THREE TO
AGREEMENT FOR
DEBRIS MANAGEMENT SERVICES
THIS ADDENpUM NUMBER THREE is made and entered into by and between the
COUNTY OF MANA TEE, a political subdivision of the State of Florida, by and through its Board
of County Commissioners, with mailing address at 1112 Manatee A venue West, Bradenton, Florida
34205, and Phillips & Jordan, Ine., a North Carolina Corporation, hereinafter called
"CONTRACTOR", duly authorized to conduct business in the State of Florida, with an office located
at 8940 Gall Boulevard, Zephyrhills, FL 33541.
WHEREAS, on April 1 , 2003, the parties hereto entered into an Agreement for the purpose
of the Contractor providing debris management services as provided for in this Agreement,
hereinafter "the Agreement;" and
WHEREAt;, pursuant to Article 6, Duration of Agreement, after the Agreement's initial one
year term, the Agre'~ment may be renewed for four (4) add:tional periods, each of one (1) year upon
mutual agreement cfCounty and Contractor as evidenced by execution of an addendum; and
WHEREAS, Count) .~a.3 determined there is a continuing need for the services and that the
Contractor has performed satisfactorily during the initial period of performance.
NOW mERE FORE, for and in consideration of the mutual benefits to be derived, the
parties hereto agree as follows:
1. The County hereby extends the Agreement commencing on April 1, 2006 and
terminating on March 31, 2007.
2. Exhibit liB" Fee Rate Schedule will remain the same for this period.
3. All other terms and condi tions of the Agreement shall remain in full force and effect
during the extended term.
F:\USERlrmacreynoldslDebris ManagementIPhillips Jordan Addendum llI.doc
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The parties hereto have caused this Addendum Number Three to Agreement for debris management
services to be fully executed, in duplicate, by their authorized representatives.
WITNESS:
PHILLIPS & JORDAN, INC.
Sign Name2ftl~+ ~
Print Name:~V\",D I ~;~
BY:~~
Print Name: D va Ley CJn..(
Title: VICG Pa.E;t10Ef\J'r
Phone Number: (918) 4/ ,.. 1 T? I
RECOMMENDED BY MANA TEE COUNTY FINANCIAL MANAGEMENT DEPARTMENT
By:
APPROVED AS TO FORMAT AND CORRECTNESS:
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By: R.C.~~~. C:~:"" C.P.M.
Purchasing Manager
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APPROVED, with a quorum present and voting this_ day of , Y\l.U CA I ,2006.
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COUNTY
MANA TEE, FLORIDA by its
BOARD OF COUNTY COMMISSIONERS
By:GA~[ ~~
Fi t Vice-Chair
F:IUSERlrmacreynoldslDebris ManagementIPhillips Jordan Addendum lII.doc
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ADDENDUM NUMBER TWO TO
AGREEMENT FOR
DEBRIS MANAGEMENT SERVICES
THIS ADDENDUM NUMBER TWO is made and entered into by and between the
COUNTY OF MANA TEE, a political subdivision of the State of Florida, by and through its Board
of County Commissioners, with mailing address at 1112 Manatee Avenue West, Bradenton, Florida
34205, and Phillips & Jordan, Inc., a North Carolina Corporation, hereinafter called
"CONTRACTOR", duly authorized to conduct business in the State of Florida, with an office located
at 8940 Gall Boulevard, Zephyrhills, FL 33541.
WHEREAS, on April 1 , 2003, the parties hereto entered into an Agreement for the purpose
of the Contractor providing debris management services as provided for in this Agreement,
hereinafter "the Agreement;" and.
WHEREAS, pursuant to Article 6, Duration of Agreement, after the Agreement's initial one
year term, the Agreement may be renewed for four (4) additional periods, each of one (1) year upon
mutual agreement of County and Contractor as evidenced by execution of an addendum; and
WHEREAS, County has determined there is '" ~C: d:'i.':!! need for the services and that the
Contractor has performed satisfactorily during the irLilal period of performance.
NOW THEREFORE, for and in consideration of the mutual benefits to be derived, the
parties hereto agree as follows:
1. The County hereby extends the Agreement commencing on April I, 2005 and
terminating on March 31, 2006.
2. Exhibit liB" Fee Rate Schedule is deleted in its entirety and is replaced by the Exhibit
liB" (Revised 04/11/05) Fee Rate Schedule as provided in this Addendum Number
Two.
3. All other terms and conditions of the Agreement shall remain in full force and effect
during the extended term.
F:\USER\rmacreynolds\Debris Management\Phillips Jordan Addendum II.doc
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The parties hereto have caused this Addendum Number Two to Agreement for debris management
services to be fully executed, in duplicate, by their authorized representatives.
WITNESS:
PIDLLIPS & JORDAN, INe.
~
SignName~A~ ~cuP
l
Print Name:.::::rtU\~+ e. 't\Jlt\cl.V'O~
B'
Print Name: rdlA-lt\...
Title: ,5m\~" \Ji&. ~,ck:tt.
Phone Number: (&28) I/l1q- /f8111
RECOMMENDED BY MANA TEE COUNTY FINANCIAL MANAGEMENT DEPARTMENT
By:
James Seuffert, Director
APPROVED AS TO FORMAT A~'D CORRF:rTNESS:
By:
R.C. "Rob" Cuthbert, C.P.M.
Purchasing Manager
APPROVED, with a quorum present and voting this_ day of
.2005.
ATTEST:
R. B. SHORE
COUNTY
MANA TEE, FLORIDA by its
BOARD OF COUNTY COMMISSIONERS
By:
Clerk of Circuit Court
Ron Getman, Chainnan
F:\USER\rmacreynolds\Debris Management\Phillips Jordan Addendum II.doc
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EXHIBIT B
PHILLIPS & JORDAN, INC.
FEE RATE SCHEDULE - APPENDIX H SCOPE OF WORK EXAMPLE
SITE MANAGEMENT FOR DEBRIS REDUCTION
ITEM DESCRIPTION Size or TVDe I Unit Unit Price
1 Mobilization and Demobilization Job Included
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I TDSRS Operations, including reduction of I
2 Cubic YarW $5.10
!bumable debris throuoh air curtain incineration!
jTDSRS Operations, including reduction of I !
3 I burnable debris bv chiooine or arindina Cubic Yard $3.25
i Loading of reduction by-products (mulch or
laSh), hauling to final disposal location, and
4 dumping. Cubic Yard $6.7f
TippinglDisposal fee for disposal of of non- i ,
5 burnable debris and reduction by-products Cost + 5'*
TDSRS preparation and closure. Note:
Negotiations to be based upon the unit prices
contained in Exhibit B: Equipment Leasing
6 Schedule for Clearing of Debris Job Neaotiated
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EXHIBIT B
PHILLIPS & JORDAN, INC.
FEE RATE SCHEDULE - APPENDIX F SCOPE OF WORK EXAMPLE
UNIT PRICE CONTRACT FOR DEBRIS REMOVAL
ITEM DESCRIPTION Size or Type Unit Unit Price
__1 Mobilization and Demobilization i Job r Included
IPiCk-UP, haul, and dump burnable debris at I
2 temporary debris storaae site lTDSRS) . ! Cubic Yard $10.75
3 i Pick-up, haul, and dump non-burnable debris Cubic Yard I
,at a county authorized landfill i-.~~
Hazardous stump remova', haul and dump at a I
4 TDSRS .. <6 inch diameter Each $175.0Q
Hazardous stump removal, haul and dump at a 6 to 12 inch
5 TDSRS .. diameter Each $350.00
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Hazardous stump remova', haul and dump at a 12 to 24 inch
6 TDSRS .. diameter Each $750.00
Hazardous stump removal, haul and dump at a 24 to 48 inch I i
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7 I TDSRS * diameter Each $1,000.00
I~azardous stump removal, haul and dump at a >48 inch diameter Each I $1,500.00
8 :TDSRS *
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Fill dirt, purchased and placed in holes created
9 by diaaina or grindina of stumos I . Cubic Yard I $20.0C
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Pick-up, haul, dump, and screen beach sand I
deposited on roadways. Note: Debris from I I
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, . ~~reening will be placed at the edge of I
the right-of-way, picked-up, hauled, and I
dumped at a TDSRS or county authorized I I
10 landfill at the unit prices listed above. I Cubic Yard $25.00
.
.. For purposes of pricing this contract, I I
"Hazardous stump removal" shall be defined
as the removal of stumps from the right-of-way
or other public property where they have been
placed by others, and shall also include the I
removal of "in-ground" stumps by digging or 1-
Igrinding.
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EXHIBIT B
PHILLIPS & JORDAN, INC.
FEE RATE SCHEDULE - APPENDIX E SCOPE OF WORK EXAMPLE
EQUIPMENT LEASING FOR CLEARING OF DEBRIS SCOPE OF WORK
ITEM DESCRIPTION I Size or Type I Unit Unit Price
HEAVY EQUIPMENT - Operators Included
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1 'Water Truck ! Hour I $75.00
2 Bobcat Loader Hour $75.00
3 Dozer, Tracked 05 or similar Hour $85.0C
4 Dozer, Tracked 06 or similar Hour I $105.0C
5 Dozer, Tracked 07 or similar Hour $115.00
6 Dozer, Tracked 08 or similar Hour I $135.0C
7 Grader w/12" Blade Hour $95.00
8 Hydraulic Excavator 1.5CY Hour $115.0C
9 Hvdraulic Excavator 2.5CY Hour $135.00
10 Knuckleboom Loader Hour $155.00
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11 Soil Compactor 81 HP+ Hour $75.0C
12 Soil Compactor to 80 HP Hour $65.0C
13 Tub Grinder 800 to 1,000 HP Hour , $650.0C
2.5 CY 950 or I
14 Wheel Loader similar Hour $90.00
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i 3.5/4.0 CY 966 or I
15 Wheel Loader 'similar Hour $10U,Ot
4.5 CY 980 or I
16 Wheel Loader similar Hour $110.0e
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17 Wheel Loader-Backhoe 1.0 -1.5 CY Hour $75.0e
Hour . $75.0C
18 Backhoe Loader w Thumb Attachment
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HAUL VEHICLES - Operator Included
, $95.0C
19 Lowboy Trailer with Tractor Hour
'-~ Dump Truck /18 - 20 CY Hour $75.00
/21 - 30 CY Hour $85.00
21 , DumD Truck
22 Soil Compactor, Towed Unit Hour $70.00
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23 Truck, Flatbed Hour $55.00
TRANSPORTATION VEHICLES
24 Pickup Truck 1/2 Ton Hour I $15.00
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25 Project Manager Hour $70.0C
26 Laborer w/small tools Hour $35.00
27 I Traffic Control/Flag Person Hour $35.00
28 Laborer with Chain Saw Hour I $45.00
29 !crew Foreman with cell phone and pickup Hour $60.00
EXHIBIT B
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PHILLIPS & JORDAN, INC.
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FEE RATE SCHEDULE - APPENDIX E SCOPE OF WORK EXAMPLE
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EQUIPMENT LEASING FOR CLEARING OF DEBRIS SCOPE OF WORK
ITEM DESCRIPTION Size or Type Unit Unit Price
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3D JQp-erations Manager w cell phone & pickup I Hour $70.00
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MISCELLANEOUS EQUIPMENT
31 ,Air Curtain Burner Pit Hour $25.00
32 Air Curtain Burner (Box) Self - Contained Hour $40.00
EMERGENCY POWER !
33 Generator Hour $35.00
34 Light Plant Hour $20.00
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Clerk of the CircuIt Court i!nd Comptro/~er 0 00 ." '. . .'
P.O. Box 25400-. BrildentOll, F/orida34206 -(941) 749-1800 "FAX {941} 7414082. ~
www.manateeclerk.com
TO:
FROM:
)
RE:
April 3, 2003
Phillips & Jordan, Inc.
8940 Gall Boulevard
Zephyrhills, FL 33541
. Clerk of Circuit Court
Board Records Department
Quantana Acevedo /:::l/l1 :I
P. O. Box 25400 ~
Bradenton, FL 34206
Agreement - Debris Management Services
In open session by the Board of County Commissioners,
Manatee County;Florida on April 1, 2003.
Clerli 01' CIrcuit iiJ7d cwor/' cOIJn r!l Clerlf 0" BOi3rd of' EOl/Dr.'! Cammfss/oners Q Ccunrjl Comptroller, ~.ud/tor and Recorder
Approved:
cc: .Board Records
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AGREEMENT -
DEBRIS MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into by and between the COUNTY OF
MANATEE, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY," with offices located at 1112 Manatee Avenue West, Bradenton, Florida, 34205-7804,
and Phillips & Jordan IDe., a North Carolina Corporation, hereinafter called "CONTRACTOR,"
duly authorized to conduct business in the State of Florida, with: an office located at 8940 Gall
Boulevard, Zephyrhills, FL, 33541. -
WITNESSETH
WHEREAS, the cqUNTY has determined that it is necessary, expedient and in the best
interest of the COUNTY to retain, obtain or employ the CONTRACTOR to render and perform
professional services in the manner set forth in this Agreement; ~~
WHEREAS, Collier County competitively solicited proposals for Debris Management Services (ref:
00-3038), and based on this competitive solicitation, executed an agreement with the
CONTRACTOR for such services on August 1, 2000; and
) WHEREAS, on April 23, 2002, the Manatee County Board of County"Commissioner.5
authorized staff to enter into negotiations for Debris M;magement Services with several firms,
including the CONTRACTOR, based on a Limited CompetiHc,',; ,ur~e selection as provided in the
Ni..watee County Purchasing Code, Ordinance 99-37, Article 4 Sourc~ .:>clection; ResolutionR -01-36
Board Policies, Article S~tion 4, E. Exceptions, 2(iii) Limited Competition or Non-Competitive
Purchases: and
WHEREAS, the COUNTY negotiated multiple non-exclusive agreements for Debris
Management Services to be used on an as needed basis with the :firms deterinined to have the ability,
tenacity, and capacity at the time of need to undertake specific work to be detailed in individual work
assignments.
NOW THEREFORE. in consideration of the foregoing premises and the mutual covenants herein
contained, it is agreed by and between the parties hereto as follows:
<Phillips _Jordan _ CONTRACT.2003. wpd.>
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ARTICLE 1. SCOPE OF SERVICES
This Agreement sets forth the general terms and conditions pursuant to which COUNTY
retains CONTRACTOR to provide Debris Management Services on an as needed basis for Manatee
COUNTY~ The Scope of Services for this Agreement is described in 'detail in Exhibit "A." Scope
of Services.
In the event of a conflict between the terms and conditions provided in Articles in this part
of the Agreement and any attachment or exhibit, the Provisions contained within these Articles
shall prevail unless the term or provision in the attachment or exhibit specifically states that it shall
prevail.
ARTICLE 2. ENTmE AGREEMENT
This Agreement, includipg all exhibits, constitutes the entire agreement of the parties and supersedes
any other prior negotiations or representations. There are no, ~er or other agreements or
understandings, written or oral, between the parties relating to the subject matter of this Agreement.
The documents listed below are attached hereto and. are incorporated herein as part of this
Agreement. '
)
Exhibit
Exhibit "A, "
Exhibit liB,"
Exhibit "C,"
Exhibit liD, If
Exhibit "E,"
ARTICLE 3. COMPENSATION
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Document Title
Scope of Services
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ee l(~tl';: u.CL~ro e
Sample "W cr1'~ Assignment"
Affidavit of No Conflict
Resolution R-93-22, Drug Free Workplace
A. Compensation payable to the CONTRACTOR,for services rendered and expenditures
incurred in providing the services identified in Exhibit" AIf shall be established for
each written Work Assignment issued in accordance with Article 8.
B Compensation to the CONTRACTOR shall be computed b ased on actual work
, performed at the applicable rates, plus any reimbursable expenses, however, the sum
of all charges shall not exceed the maximum compens~on authorized for each Work
Assignment.
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C. The fee rates as shown on Exhibit "B" shall be the total c9mpensation for the
services stated and shall contain all costs, including salaries, office operation,
transportation, equipment, overhead, general and administrative, incidental expenses,
fringe benefits and operating margin.
D. Services or products not included in Exhibit B, may be negotiated as needed for the
circumstances for a work assignment and may be incorporated in such work
assignment using fixed rates negotiated as part of establishing that specific work
assignment The Boafd of County Commissioners shall review, and may vote to
authorize execution of all work assignments which incorporate rates not included in
Exhibit B.
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ARTICLE 4. INVOICES AND TIME OF PAYMENT
CONTRACTOR shall provide the particular COUNTY entity ~t authorizes the work with
an invoice which shall include all compensation due CONTRACTpR as of the date ofthe invoice
and in accordance with the following:
A.
The Integrated Fund Accounting System (IF AS) number assigned to this Agreement
or Work Assignment. IFAS numbers will be provided the CONTRAC:TOR, in
writing, upon approval of each Work Assignment.
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B. Total ("'=~_il'sa'-ion to the CONTRACTOR for services and reim'l-'_:-- :,:~
expenses shall not exceed the maximum compensation as provided in the Work
Assignment.
C. The COUNTY agrees to pay the CONTRACTOR for the herein described services
at a rate of compensat,ion according to the unit rates as detailed in the applicable
negotiated "Work Assignment," in the form of Exhibit "C."
D. The COUNTY shall have the right to retain from any payment due the
CONTRACTOR under this Agreement and executed W orkAssignments, an amount
sufficient to satisfy any amount of liquidated damages due and owing to the
COUNTY by the CONTRACTOR on any other agreement between the
CONTRACTOR and the COUNTY.
E. If any Work Assignment requires units of deliverables, then such units must be
received and accepted in writing by the Contract Manager prior to payment.
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F. Records. regarding payroll, costs and other expenditures incurred under terms of this
Agreement shall be maintained and made available upon request to the COUNTY at.
all times during the period of this Agreement and for the periods oftime established
by the Federal Emergency Management Agency (FEMA) in guidelines promulgated.,
modified and published by that agency. This specifically includes the requirements
for the grant recipients (COUNTY) which shall be met by the CONTRACTOR.
Copies of these do-cuments and records shall.be furnished to the COUNTY upon
request. Records of costs incurred include the CONTRACTOR's general accounting
records and the project records, together with supporting .documents and records of
the CONTRACTOR and all subcontractors performing work on the project and all
other records of the CONTRACTOR and subcontractors considered neeessarybythe
. COUNTY for a proper audit of costs.
G. Except where Exhibit "An provides that payment shall not be made u:ntil a specific
grouping of services (which may be referred to as a '':Task'') has been \:ompleted or
for payment based on -actual unit rates or hours of work, CONTRACTOR shall
provide COUNTY.with an invoice based on CONTRACTOR's good faith estimate
of the percent of work completed.
H.
Any dispute between COUNTY and CONTRACTOR with regard to the percent of
a task: that has been completed or CONTRACTOR's in/oice shall bi:' resolved in
accordance with the provision of Article 12 of this Agrel'mlent
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I.t~11t !Dent.
1) COUNTY shall ii,ve CONTRACTOR prompt notice of any dispute with
respect to CONTRACTOR's invoice and shall, within the time established
above, remit payment for the undisputed amount to the CONrRACTO~.
Final payment for any Task shall not be made until accepted in accordance
with the provisions of Article 5 of this Agreement.
2) Contractors Affidavit. The CONTRACTOR agrees to furnish an affidavit
stating that all laborers, materialmen, and subcontractors have been paid on
the WoIkAssignment for Work: covered by the application for payment and
that a partial or complete release of lien, as may be necessary, be properly
executed by the materialmen, laborers, subcontractors on ~e Work
Assignment for Work covered by the-application for payment, sufficient to
secure the County from any. claim whatsoever arising out of the aforesaid
Work.
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3) The COUNTY shall remit payment for each invoice within thirty (30) days
after the receipt of an acceptable invoice and any required documentation.
4) The CONTRACTOR agrees to permit full and open inspection of payroll
records and other expenditures in connection With all work upon the request
of the COUNTY and to maintain all financial records related to this
Agreement for the periods of time established by the Federal Emergency
Management Agency (FEMA) in guidelines promulgated, modified and
published by that agency. This specifically includes the req~ements for the
grant recipients (COUNTY) which shall be met by the CONTRACTOR and
which shall continue after termination or completion of the performance of
this Agreement.
J. All costs of providing the scope of services deScribed in Exhibit "A" shall be the
responsibility of the CONTRACTOR, with the exception of reimbursement by
COUNTY for the following direct costs:
1) Expense of reproduction beyond the costs associated with providing reports
and routine correspondence at the.rates provided in Exhibit "B."
2)
Actual charges for long distance telephone calls, including applicable local,
state and f edera1 t axes, but exc:Iuding those made to 1\1" anatee, Sarasota,
Pinellas or Hillsborough Count!~S, as documented by copies of .original
invoices.
3) Actual charges for application fees not specifically identified to be paid by
the COUNTY charged in the process of obtaining anypermits outlined in the
Work Assignment as documented by copies of original invoices.
ARTICLE 5. ACCEPTANCE
When the services of the CONTRACTOR required for any fully executed Work
Assimment are completed. the CONTRACTOR shall notify the COUNTY in writing. Thereupon
the COUNTY, within thirty (39) days, shall either provide its written acceptance or give the
CONTRACTOR written notice of any llnfini~hed or improperly performed services to be finished
or corrected.; if such written notice of acceptance or exception is not given within such period of
time, the services shall be deemed to have been accepted bythe COUNTY. However, acceptance
of the work performed by the CONTRACTOR shall not be construed to bean acceptance of
improper, defective or deficient work
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ARTICLE 6. DURATION OF AGREEMENT
Unless renewed or extended as provided herein, this Agreement shall remain in full
force and effect for one (1) year from the date of its execution. However, the terms and
conditions of this Agreement shall remain valid beyond one year until all Work Assignments
authorized during the effective period of this Agreement have been completed.
This Agreement may be amended for four (4) additional periods, each of one (1) year. Any
such amendment executed by both parties shall establish adjustments to the rates shown on
Exhibit "B" as authorized by Article 8.
ARTICLE 7. TERMINATION AND DEFAULT
A.
This Agreement may be terminated by the COUNTY,in whole or in part at any time
'such termination is in the best interest of the COUNTY. The CO~1Y also reserves
the right to seek termination or cancellation of this Agreement, as amended, in the
event the. CONTRACTOR shall be placed in either voluntary or involun~ary
bankruptcy. The COT JNTY further reserves the right to terminate or cancel this
Agreement in the event the CONTRACTOR makes an assignment for the benefit of
creditors. This Agreement may be terminated by the CONTRACTOR only by
mutual consent ofOOt11 parties.
)
B. IT the COUNTY determines that the performance of the CONTRACTOR is not
satisfactory, the COUNTY shall have the option of (1) 'immediately terminating the
Agreement, or (2) notifying the CONTRACTOR of the deficiency with a requirement
that the deficiency be corrected within a specified time, otherwise the Agreement
will be terminated at the end of such time. The CONTRACTOR shall be paid only
for that work satisfactorily performed for which costs can be substantiated. All work
in progress will become the property of the COUNTY and will be promptly delivered
to the COUNTY by the CONTRACTOR
C. IT the COUNTY requires termination of this Agreement for reasons other than
unsatisfactory performance of the CONTRACTOR, the COUNTY shall notify the
CONTRACTOR in writing of such termination, with instructions as to the effective
date of termination or specify the stage of work at which the Agreement is to be
terminated. The CONTRACTOR shall be entitled to compensation for all services
rendered or performed pursuant to any fully authorized W orkAssignment through the
date of termination, together with all authorized costs and expenses incurred in
connection therewith provided the COUNTY has given the CONTRACTOR written
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notice ten (10) days in advance of the date of such termination. and provided ~t
services rendered and costs and expenses incurred do not exceed the maximum
amount of compensation authorized for ap.yphase of work based upon the percentage
of the phase completed, or where applicable, any price established for a specific task.
ARTICLE 8. WORK ASSIGNMENTS
The CONTRACTOR shaI1 provide services only after receipt of a written Wark Assignment
fully executed by both parties which has been issued in accordance with this agreement and in the
form provided in attached Exhibit "C." Work Assignments shall constitute supplemental
agreements entered into under the terms and conditions of this Agreement.
Each Work Assignment shall estab.lish the following:
A. A tit1.e for the project and a. general description of th~ pmpose for the VTOrk.
B. The maximum total compensation and reimbursable expenses that will be paid to the
CONTRACTOR by the COUNTY upon completion of the Work Assignment.
)
C.
A clear indication of the services to be furnished for a fixed fee and the : ,~rvices to be
furnished based upon time and charges provided, however, that when: services are
basec1 urr.time and charges, the Work Assignment shall establish n." "T1aximum
compensation :L."d the CONTRACTOR shall not exceed the maximum comp".o...- ~ ,: ~'1
established for such services.
D. From the services listed on attached Exhibit "A, tt the services to be provided under the
Work Assignment, the unit price and the actual hours up to the not to exceed amount
negotiated for each work assignment. Any specific services based upon the maximum
compensation and billed based upon actual time and charges shall be clearly
identified.
E. The agreed to date of completion for the W orkAssignment. Where identified services
within a Work Assignment must be completed by a specific date prior to completion
of the entire Work Assignment, such date shall be established.
F. Any services that will be performed by a subcontractor, the identity of the
subcontractor, ifselected, and unot selected, the methodology to be employed by the
CONTRACTOR in selection of a subcontractor.
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G. Any additional details that may be required to describe the duties and obligations of
the parties with respect to a particular Work Assignment.
H. Any supplementary information, not in conflict with the provisions of this Agreement,
such as technlcalspecifications, deliverables associated with the Work Assignment
or any seIVlce.
r. The identity of the- person(s) who will serve as the CONTRACTOR's Work
Assignment Manager and the' COUNTY's P roject Work A ssigmnen'L Manager i f
different from the Contract Manager identified in this Agreement.
J. When a Work Assignment calls for the preparation of plans, specifications, maps and
reports, these items as well as all data collected, together with summarIes and charts
derived therefrom, shall be conSidered works made for hire and shall become the
property of the County without restriction or limitation/on their use; and shall be made
available, upon request, to the County at any time. iThe CONTRACTOR shall not
copyright any material or product developed under this Agreement. TIle COUNTY
shall have the right to visit for the purpose of inspecting the work of the
CONTRACTOR at any time.
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All final plans, documents, reports, studies and c,ther data.. prepared by the
CONTRACTOR will bear the endorsement of a perron in the full employ of the
(ONTRACTOR.
K.
L. The COUNTY will be entitled at all times to be advised,- at its request, as to the status
of work. being done by the CONTRACTOR and of the details thereof and
communication shall be maintained by the CONTRACTOR with representatives of
the COUNTY.
M. Extension ofW orkAssilrnments. It shall be the responsibility of the CONTRACTOR
to ensure at all times that sufficient time remains in the proj ect schedule within which
to complete services on the project. In the event there have been delays which would
affect the work Assignment completion date, the CONTRACTOR shall promptly
submit a written request to the COUNTY's Contract Manager which identifies the
reason(s) for the delay and the amount of time related to each reason. The Contract
Manager will promptIyreview the request and make a determination as to granting all
or part of the requested extension. If the Contract Manager determines that an
extension of a Work Assignment deadline is appropriate, helshe shall issue a "Letter
of Extension" to the CONTRACTOR
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N. Work Assigmnents shall not be effective unless the Board of County
Commissioners votes to authorize execution of the work assignment and the
CONTRACTOR receives a fully executed Work Assignment.
ARTICLE 9. NEGOTIATION OF WORK ASSIGNMENT
For each project, grouping of substantially similar debris management services for a group
of projects or special projects, the COUNTY shall negotiate each Work Assignment based upon
estimated hours and/or fee rates, projected by the CONTRACTOR and in accordance with tb,e rate
schedule provided in attached Exhibit "B." Services or products not included in Exhibit B, may be
negotiated as needed for the circumstances for a work assignment and may be incorporated in such
work assignment using fixed rates negotiated as part of establishing that specific work assignment.
The Board of County Commissioners shall review, and may vote to authorize execution of all work
assignments which incorporate rates not includ~ in Exhibit B. Compensation for each Work
Assignment shall be based on actual hours performed and/or fee rates, but in no event shall the
CONTRACTOR be entitled to reimbursement in excess of the amount established in a Work
Assi €!"ment. The County's Contract Manager may authorize, in writing, in advance, adjustments in
the compensation for particular phases or tasks estahlished in the Work Assignment provided such
adjustments do not exceed the ~um compensation and reimbursable expenditures authorized
for the particular Work Assignment.
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ARTICLE 10. COVENANTS OF THE COUNTY
The COUNTY hereby covenants and agrees:
. A. That John Barnott Utility Customer Service Division Manager. is herebvappointed
as the County Contract Manager with resp-ect to the servi~es to be performed by the
CON1RACTOR pursuant to this Agreement. The County Contract Manager shall
have the authority to transmit instructions receive information, interpret and define the
policy of the COUNTY and make decisions pertinent to services covered by this
Agreement. The County Contract Manager shall have the right, from time to time,
to designate such other employees of Manatee County as he desires, to serve in his
absence. The COUNTY reserves the right to designate a different County Contract
Manager, provided that the CONTRACTOR is given written notice thereof.
B. The COUNTY shall make available at no cost to the CONTRACTOR, available
information relative to the project that is useful in the performance of the Scope of
Services.
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C. The COUNTY .shall give prompt notice to the CONTRACTOR whenever the
COUNTY observes or otherwise becomes aware of any defect in the performance of
work under this Agreement.
D. . The COUNTY shall respond and issue notices to proceed in atimelymanner so as not
to unduly delay the CONTRACTOR's work called for by this Agreement.
E. The COUNTY shall perform activities in this Article at no cost to the
CONTRACTOR.
ARTICLE 11. COVENANTS OF THE CONTRACTOR
CONTRACTOR hereby covenants and agrees:
A.
That Ben.R.Tmner. President. is hereby ~intedas Contractor's Ae:ent with respect
to the services to be performed by the CONTRACTOR pursuant to this Agreement.
The Contractor's Agent shall have the authority, without limitation, to make
representations on behalf of CONTRACTOR, receive information, and interpret and
define the needs of CONTRACTOR and make decisions pertirient to services covered
by the Agreement. Contractor's Agent shall have the right, from time to time, to
designate such other employees of CONTRACTOR's as they desire, to serve in their
absence. CONTRACTCR-~...;s:'''/es the right-to designate a different Contractor's
Agent, provided that the COUNTY is given written notice thereof.
)
B. That the Work shall be performed in accordance with the terms and conditions of this
Agreement.
C. That all employees assigned to render services under this Agreement shall be duly
qualified, registered, licensed or certified to provide the services required. All
services shall comply with such reasonable supplemental written memoranda and
directives provided by the Contract Manager, which is not in conflict with this
Agreement.
D. That CONTRACTOR shall be responsible for collecting all existing data required for
~e successful completion of each task.
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E. That CONTRACTOR shall not knowingly engage in any contractual or professional
obligations that create an appearance of a conflict of interest with respect to the
service provided pursuant to this Agreement CONTRACTOR attests to this via an
Affidavit of No Conflict (Exhibit D).
F. CONTRACTOR shall be entitled to rely upon that information, which may be
provided them from time to time, from the COUNTY or others on behalf of the
COUNTY. CONTRACTOR shall, however, call to the COUN'fY1s attention any
errors or deficiencies noted in such information provided and -assist, to the extent
practicable, the COUNTY in the identification and resolution of same. Information
referred to above includes, but is not limited to, managing debris; consultations,
investigation and reports and the like, including all other information to be provided
to theCQNTRACTOR by others and necessaryfor the execution of CONTRACTOR's
work under the Agreement, as amended. The COUNTY shall, however, hold
CONTRACTOR fully responsible for verifying, to the, extent practicable, documents
and information provided by the COUNTY and id~tif}ing its obvious deficiencies
concerning documents and information provided. The CONTRACTOR agrees to
incorporate the provisions of this p~graph in any subcontract into which it might
enter with reference to the work performed unq.er this Agreement.
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ARTICLE 12. ]>I~~::7:", ~""'.ESOLUTION
Disputes shall be resolved as follows: good faith negotiations bX the designated agents of the
parties and ifnot resolved by such designated agents after twenty-one (21) days, CONTRACTOR
shall submit his claim, with the basis for the dispute, in writing to the Manatee County Purchasing
Manager for a determination and handling in accordance with the provisions of the Manatee County
Purchwg Code. Any dispute resolution agreed to by COUNTY's Contract Manager or the Manatee
County Purchasing Manager, constituting a material change in this Agreement will not be final until
approved by the Board of County Commissioners. If such dispute involves the percentage' oftask
completed by CONTRACTOR, COUNTY shall, as promptly as reasonably possible after resolution
of such dispute, forward payment to CONTRACTOR of any amount determined to be due and owing.
The services shall be performed by the CONTRACTOR to the reasonable satisfaction of the
COUNTY, and all questions, difficulties and disputes of any nature whatsoever that may arise under
or by reason o~ this Agreement, the prosecution and fulfillment of the services hereunder and the
character, quality, amount and value thereot: which cannot be settled by mutual agreement of the
parties, shall be settled by recourse to litigation under Florida law. Any such lawsuit shall be filed
only in Manatee County, Florida.
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ARTICLE 13. GENERAL CONDITIONS
A: MAlNTENANCE OF RECORDS; AUDITS
1. CONTRACTOR shall maintain records, accounts, property records, and personnel
records in accordance with generally accepted accounting principles, as deemed
necessary by the COUNTY to assure proper accounting of funds and compliance with
the provisions of this Agreement.
)
2. The CONTRACTOR shall provide the COUNTY all necessary information, records
and contracts .required by this Agreement as requested by the COUNTY for
monitoring and evalUating services. The CONTRACTOR's information shall be
made available tot he COUNTY for audit, inspection 0 r copying during n onnal
business hours and as often as the COUNTY may deem necessary, except for client
records protected by client confidentiality rules or regulations established by State or
Federa11aw. In cases where client confidentiality applies, the CONTRACTOR shall
provide requested records in a fashion which maintains confidentiality. The
COUNTY shall have the right to obtain and inspect any audit pertaining to the
performance of this Agreement or the CONTRACTOR made by any local, State or
Federal agency. The CONTRACTOR shall retain all of its records and supporting
. documents related to this Agreement in accordance with all applicable laws, rules and
regulations; in the absence of any other requirement, such records and supporting
documents will be retained by the CONTRACTOR for the periods oftime established
by the Federal Emergency Management Agency (FEMA) in guidelines promulgated,
modified and published by that agency. This specifically includes the requirements
for the grant recipients (COUNTY) which shall be met by the CONTRACTOR during
and after the termination of this Agreement.
B. LICENSES.
The CONTRACTOR shall 0 btain any 1 icenses required top rovide the Scope 0 f
Services and maintain full compliance with any licensure requirements. Copies of reports
provided to or by any licensing or regulatory agency shall be forwarded to the COUNTY
within ten days after receipt by the CONTRACTOR
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C. DOCUMENTS.
The documents prepared by the- CONTRACTOR for any- Work Assignment are
instruments of the CONTRACTOR's service for use solely with respect to the Proj ect and the
CONTRACTOR shall be deemed the author of these documents and shall retain all common
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law, statutory and reserved rights. . The COUNTY shall be permitted to retain Copies,
including reproducible copies, of the CONTRACTOR's documents for information and
reference in connection with the COUNTY's use. The CONTRACTOR's documents shaUnot
be used by the COUNTY or others on oth..er projects, except by agreement in writing.
Submission or distribution of documents to meet .official regulatory. requirements or for
similarpmposes in connection with projects is not be construed as publication in derogation
of the CONTRACTOR's reserVed rights.
D. CONTRACTUAL LIABILITY.
)
The relationship of the CONTRACTOR to the GOUNTY shall be that of an
independent CONTRACTOR Nothing herein contained shall be construed as vesting or
delegating to the CONTRACTOR or any of the officers, employees, personnel, agents, or
subcontractors of the CONTRACTOR any rights, interest or status as an employee of the
COUNTY. The COUNTY shall not be liable to any person, finn or corporation that is
employed by, contracts with or provid.:.s goods or services to the CONTRACTOR in
connection with the Program or for debts or claims accruing to such parties. The
CONTRACTOR shall promptly pay, ~b:.igt. .:.: ;romptly take such action as may be
necessary and reasonable to settle such debts or c;;laims.
ARTICLE 14. INDEMNIFICATION
The CONTRACTOR hereby agrees to indemnify, defend, save and hold harmless the
COUNTY from all costs, expenSes, claims, demaJlds, liabilities, judgments and suits of any nature
whatsoever, arising out of, because of, or due to any negligent error, omission, or act of professional
malpractice by the CONTRACTOR, or due to the breach of this Agreement, by the CONTRACTOR,
his subcontractors, agents or employees. It is specifically understood and agreed that the provisions
of this Article are not intended to cover or indemnify the COUNTY for its own negligence or breach
of Contract.
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ARTICLE 15. BONDS
PROPOSALBOND. CONTRACTOR shall provide and maintain for the duration of this agreement
surety bonds as security ''Proposal Bond" in the sum of $500,000 to assure the CONTRACTOR's
shall when requested, negotiate and execute a Work Assignment under the terms of this agreement.
The County and Contractor shall. negotiate in good faith and use. their reasonable best efforts to
produce and exeCute a Work Assignment.. If the CONTRACTOR fails to negotiate and execute a
Work Assignment within twenty four (24) hours of notification by the COUNTY~ the
CONTRACTOR agrees that the Proposal bond shall be forfeitoo to Manatee County.
PERFORMANCE AND PAYMENT BONDS. Any Work Assignment executed in accordance with
this agreement may require that the CONTRACTOR shall provide and maintain,' for the duration of
the Work Assignment, surety bonds as security for faithful performance of the specified: scope of
work and for the payment of all persons performing labor and/or furnishing material in connection
therewith. Surety of such bonds shall be in an amount equal to 1;he maximum compensation as
provided in the Work Assignment as may be established or amended and shall be from a duly
authorized and nationally reeognizedsurety company, authorized to do business in Florida,
satisfactory to this County. The attorney-in-fact who signs the bonds must file with the bonds a
certificate and effective dated r,opyofpower-of-attomey. (Reference Florida Statute 255.05)
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The surety selected by the CONTRACTO]( to provide the Payment and Performance Bond shall he
approved by the COUNTY pn::::r I.l) ~e issuance of such Bond, which approval. shall not 1,('
unreasonably withheld or delayed provided that the sUrety is rated A or better by Bests's Key Guide,
latest edition.
Perfo~mance and Payment Bonds required bv a Work Assi~ment shall be delivered to the
County's Contract Mana~er within Seventy Two (72) hours of receipt of an executed Work
Assienment which shall incorporate a Notice To Proceed.
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ARTICLE 16. INSURANCE COVERAGE
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A.. COMMERCIAL GENERAL LIABILITY. The CONTRACTOR shall have and
maintain during the period of this Agreement, a commercial general liability insurance
policy or policies affording minimum coverages as fonows:
General aggregate
Products Completed
Operations aggregate. . . . . . . . . . . . . .. ..$1,000,000
Personal and advertisinginjmy...... ..$1,000,000
Each occurrence. . . . . . . . . .. . ., .., .$1,000,000
B.
BUSINESS AUTO POllCY. The CONTRACTOR shall have and maintain, during
the period of this Agreement, a business auto insurance policy or policies affording
minimum coverages as follows:
Each occurrence per bodily injmy and
property damage liability. . . . . . . .. ., $1,000,000 .
Annual aggregate (if applicable). ..3 x each occurrence
limit
C.
WQ2JGW...S' COMPENSATION. The CONTRACTOR shall a'; 30 car('/ ~11r! keep in
[..-.ce Workers' Compensation insurance as required under the Jrpli~':'Jle Workers'
Compensation laws and statutes.
E.
CERTIFICATION OF INSURANCE AND COPIES OF POUCIES. Certificates of
Insurance in triplicate evidencing the insurance coverage specified in the four above
paragraphs A., B., C., and D., shall be filed with the Purchasing Manager before
operations are begun. The required certificates of insurance shall not only name the
types of policy, policy number, date of expiration, amount of coverage, companies
affording coverages, and also shall refer specifically to the proj ect number and project
title. Insurance shall remain in force at least one (1) year after completion and
acceptance of the project by the COUNTY in the amounts and types as stated herein,
including coverage for all products and services completed under this contract.
ADDI~ONAL INSURED: - The County of Manatee shall be specifically named as an
additional insured for Commercial General Liability.
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If the initial insurance expires prior to the' completion of operations and or services by the
CONTRACTOR, renewal certificates. of insurance and required copies of policies shall be
furnished by the proposer and delivered to the Purchasing Manager thirty (30) days prior to
the date of their expiration.
ARTICLE 17. INFORMATION REPORTS - COUNTY andFEMA
The CONTRACTOR shall provide all information and reports required by COUNTY OR the
Federal Emergency Management Agency (FEMA) policies, procedures~ regulations, rules, orders
arid/or instructions. Where any information required of the CONTRACTOR is in the exclusive
possession of another who fails or refuses to furnish the information, the CONTRACTOR shall
certify such to the COUNTY, as appropriate, and shall set forth what efforts have been made to obtain
the information.
ARTICLE 18. WARRANTY OF OUALlFICATIONS
)
The CONTRACfOR warrants that the CONfRACTOR is, and will remain for the term of
this Agreement, certified as a General Contractor in the State of Florida, Contractor License Number
CGC034l88, under the provisions of Chapter 489, Florida Statutes. The CONTRACTOR warrants
to }.~ II md save the COUNTY harmless from any and all losses that m:l)')e occasioned or suffered
~y the COUNTY as a result of the CONfRACTOR's failure to 1-1;: so certified. Failure to be so
certified shall be cause for the CONTRACTOR to be found in default ofthis Agreement, and shall
be grounds for immediate unilateral cancellation of this Agreement by the COUNTY.
ARTICLE 19. LEGAL RESTRAINTS AND LIMITATIONS
The CONTRACfOR acknowledges that the COUNTY, as a unit oflocal government and a
political subdivision of the State of Florida, is subject to restraints, limitations, regulations and
controls, imposed or ~lliministered, pursuant to numerous applicable laws, ordinances, rules and
regulations of federal, state, regional and certain local governmental agencies or authorities. The
CONTRACTOR agrees that all professional services rendered or performed by the CONTRACTOR
pursuant to "the provisions of this Agreement, as amended, shall be in compliance therewith.
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ARTICLE 20. ASSIGNMENT AND SUBCONTRACTS
The CONTRACTOR shall not sublet, assign or transfer any work under this Agreement to
another CONTRACTOR or contractor, without the prior written consent of the COUNTY.
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ARTICLE 21. SOLICITATION OF CONTRACT
The CONTRACTOR warrants that it has not employed or retained any company or person
other .than a bona fide employee working solely for the CON'I:RACTOR to solicit or secure this
Agreement, and that it haS not paid or agreed to pay any company or person other than a bonafide
employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee,
gift, contingent fee, or any other consideration contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, the COUNTY shall have the right to
annul this Agreement,. without liability or at its discretion to deduct from the contract price or
consideration or otherwise recover the full mwunt of such fee, com,mission, percentage, brokerage
fee, gifts, or contingent fee.
ARTICLE 22. NOTICES
)
All notices, requests and authorizatons provided for herein shall be in Writing and shall be
delivered by hand or mailed through the U.2. M.:J.2, addressed as follows:
To the COUNTY:
To the CONTRACTOR:
Manatee County
Utility Customer Service Division.
4410 66th Street West
Bradenton, Florida ~421 0
Attention: John Barnott, Division Manager
(941) 752 - 8811, Ext. 5210
Phillips & Jordan, Inc
P.O. Box 2295
ZephyrhiIIs, FL 33539-2295
Attention: Dorinda Futchs, Contract Administrator
(813) 783-1132
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ARTICLE 23. SUBCONTRACTORS
It is expected that the CONTRACTOR shall have standard in-house capability to provide all
the services required by this Agreement, except for the work to be perfonnedby the subcontractors
specified in Article 25, Key Personnel. However, should the CONTRACTOR find it necessary to
utilize the services of additional subcontractors, the CONTRACTOR shall advise the COUNTY of
changes to the subcontractors under contract on no less than a weekly basis. The CONTRACTOR
shall review the FEMA list of Barred subcontractors (htt,p://e.pls.amet.gov) prior to subcontracting
work: under this agreement and shall on a weekly basis review the list and confirm that no current
subcontractor has been added to the list of debarred subcontractors. Upon determination .that a
subcontractor has been debarred by FEMA, the contract with that firm shall be terminated by the
CONTRACTOR. The CONTRACTOR shall also require each subcontractor to adhere to applicable
provisions of this Agreement. The utilization of any such subcontractor by the CONTRACTOR shall
not relieve the CONTRACTOR from any liability or responsibility to the COUNTY pursuant to the
provisions of this Agreement, as amended, or obligate the COUNTY to the payment of any
compensation to the subcontractor or additional compensation to th~ CONTRACTOR.
ARTICLE 24. NON-DISCRIMINATION PROCEDURES
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During the performance of this Agreement, as amended, the CONTRACTOR agz ees as .
follows:
A The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, creed, sex, color, national origin or age, and will take affirmative
action to insure that all employees and applicants are afforded. equal employment
opportunities without discrimination because of race, creed, sex, color, national origin or age.
. Such action will be taken with reference to, but shall not be limited to, recruitment,
employment,job assignment, promotio~ upgrading, demotio~ trailsfer, layoffortermination,
rates of training or retraining, (including apprenticeship and on-the-job training).
B. No person in the United States shall, on the grounds of race, creed, sex, color, national
origin or age, be excluded from participation ~ be denied the proceeds of, or be subject to
discrimination in the perfonnance of this Contract.
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ARTICLE 25. KEY PERSONNEL
The following Key personnel listed in this Agreement are hereby assigned to the project by
the CONTRACTOR and shall not be removed from the project until alternate personnel acceptable
to the COUNTY are approved, in writing, by the COUNTY: .
Ben R Turner, President
Timothy R Berkhimer, PE, Director, Disaster Recovery Group
ARTICLE 26. LEGAL QUALIFICATIONS AND ETmCAL CONSIDERATIONS
)
The CONTRACTOR warrants that it is a regionally known and recognized debris
management services :fum, and that it is duly licenSed and permitted by the laws of the State of
Florida to render the services required under this Agreemen~ in the State of Florida. The
CONTR.. \CTOR recognizes that in rendering orperforming these services pursuant to the provisions
of this Agreement, the CONTRACTOR is working for the residents of Manatee County, Florida,
subject tJ public observation, scrutiny and inquiry, and based upon said recognitioJ'l the
CONTR.JlCTOR shall, in all of its relationships with the COUNTY pursuant to this Agreement,
conduct itselfin accordance with all of the recognized applicable ethical standards Set hy national
societies)f professionals, and the reasonable traditions of professional contractors.
ARTICLE 27. CHANGES BY COUNTY
The COUNTY, in its sole discretion, during the term of this Agreement and any renewal, may
increase or decrease the level of service, add or delete required services, or otherwise change the work
required to be performed by the CONTRACTOR. Under such conditions, the parties shall negotiate
the changes in the applicable rates resulting from such change in service. Such changes shall be
incorporated by written amendment to this Agreement.
ARTICLE 28. AMENDMENTS
This Agreement may not be modified, amended, extended or renewed orally. This Agreement may
be amended or modified only by a written agreement of equal formality executed by the respective
parties. Such amendment or modification shall be approved by the affirmative vote of a majority of
the Board of County Commissioners.
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ARTICLE 29. NO W AlVEI{.
The failure by either party to exercise any right provided for in this Agreement shall not be deemed
a waiver of any right hereunder. Waiver by either party of a default of any covenant or provision of
thiS Agreement shall not be deemed to constitute a waiver of any preceding or subsequent default of
the same or any other covenant or provision.
ARTICLE 30. CONSTRUCTION OF AGREEMENT
The parties agree that this Agreement, including all exhibits, have been negotiated by the
CONTRACTOR and the COUNTY, and this Agreement, including exhibits, shall not be deemed to
have been prepared by either the CONTRACTOR or COUNTY. The parties further agree that they
have each participated equally in the drafting and preparation of this Agreement and that the rules
with reSpect to construing ambiguities against the drafter of a con~t shall not apply in any action
or litigation.
ARTICLE 31. GOVERNING LAW
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':11is Agreement sh~ be governed by and construed in accolciN1C;;: with the laws of the State of
Florida. In the event of litigation between the parties, venue ~ila11 be in Manatee County, Florida, and
no other place, and Florida law shall apply.
ARTICLE 32. SEVERABILITY
If any part, section, subsection, or other portion of this Agreement is declared void, unconstitutional,
or invalid for any reason, such part, section, subsec:tion, or other portion, or the application thereof,
shall be severable, and the remaining provisions otthis Agreement, and all. applications thereof not
declared void, unconstitutional, or invalid shall remain in full force and effect.
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ARTICLE 33. FORCE MAJEUR:E
Neither party shall be considered in default in performance of its obligations hereunder to the
extent that performance of such obligations, or any of them is delayed or prevented by Force Maj eure.
Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike,
epidemic, accident, fire, flood, wind, earthquake, explosion, lack of or failure of transportation
facilities, aily law, proclamation, regulation, ordinance or other act of government, or any act of God
or any cause whether of the same or different nature, existing or future; provided that the cause,
whether or not enumerated in this Article, is beyond the control and without the fault or negligence
of the party seeking relief under this Article.
ARTICLE 34. DRUG FREE WORKPLACE
Attached hereto and incoIporated herein is Exlnbit "E, II Resol}ltionR-93-22 which establishes
the minimum requirements for CONTRACTOR to maintain a drug free workplace. CONTRACTOR
hereby agrees that throughout the term hereof, and any extension thereof, CONTRACTOR shall
comply with said Resolution R-93-22.
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IN WITNESS WHEREOF. the p~eshereto have executed this agreement. by and through their duly
authorized officers. on the respective dates below.
CONTRACTOR:
Address:
Phil~ps & Jordan, Inc.
8940 Gall Boulevard .
Zephyrhi. 5 1
BY:
WIlNESSES: TITLE:
tlt t:2~ #su '-.
RECOMMENDED BY MANATEE COUNTY FINANCIAL ~AGEMENT DEPARTMENT
BY:~0
~es Seuffert. Director
APPROVED AS TO FORMAT AND CORRECTNESS:
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MANATEE COUNTY PURCHASING
BY: ~~ ~ Ga;
R.C. "Rob" Cuthbert. C.P.M.
Purchasing Manager
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APPROVED. with a quorum present and voting this ,oTday of Apri I J 2003.
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,$'~~~'f COolf":~, COUNTY OF MANA TEE; FLORIDA
lJ'~/"""'-:''\ ~ BOARD OF COUNTY COMMISSIONERS
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'nlll~\\" BY:
<Phillips_Jordan _ CONlRACT.2003. wpd.>
Marcli 13,2003 (8:47AM)
Page 22 of 22
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EXmBIT "A"
SCOPE OF SERVICES
Debris Management Services shall be defined, regulated and executed in the manner prescribed
by the Federal Emer~encv Manaeement A~ency fFEMA).
Incorporated herein shall be the "Public Assistance Debris Management Guides, as promulgated,
modified, and published by FEMA. At the time of execution of this agreement, the current
publication was identified as FEMA 325, dated April 1999.
Additional FEMA guidelines pertaining to conduct of work, dQcumentation of activities and
expenses, and general administration of debris management activities shall be incorporated into
this scope of work upon publication of the information by FEMA whether as new information or
amf:ndments to existing guidelines or policy .
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1t sh~J1 '-'~ the responsibility of both parties to obtain at"j,~,,";.'~intain the
cl1l'rentpolicies, procedures, guidelines, and instruction published by
FEMA on l?ebris Management Services.
F:\USER\ROBC\ WPDOCS\Debris 2002\Negotiations\Debris_Scope_Exhibit_A. wpd
Page 1 of 1
EXHIBIT B
PHILLIPS & JORDAN, IN:C. ..
FEE RATE SCHEDULE - APPENDIX E SCOPE OF WORK EXAMPLE
EQUIPMENT LEASING FOR CLEARING OF DEBRIS SCOPE OF WORK
ITEM DESCRIPTION I Size or Type 1 Unit Measure I Unit Price
REA VY EQUIPMENT - Operators Included
I Water Truck
2 Bobcat Loader
3 Dozer, Tracked
4 Dozer, Tracked
5 Dozer, Tracked
6 Dozer, Tracked
7 Grader w/12" Blade
8 Hydraulic Excavator
9 Hydraulic Excavator
10 Knuckleboom Loader
II Soil Compactor
12 Soil Compactor
13 Tub Grinder
,.
'.
.
D5 or similar
D6 or similar
07 or similar
08 or similar
Hour .
HoW"
HoW"
HoW"
HoW"
HoW"
1.5.CY _"
2.5 CY
HoW"
HoW"
HoW"
Hour
Hour
Hour
)
14 Wheel Loader
81 HP+
to 80 lIP
800 to 1,000 HP
2.5 cy 950 or
similar
HoW"
3.514.0 CY 96(j or
similar
4.5 CY 980 or
similar
1.0-1.5 CY
IS Wheel Loader
.'
HoW"
16 Wheel Loader
17 Wheel Loader - Backhoe
18 Backhoe Loader and Thumb Attachment
Hour
Hour
Hour
HAUL VEHICLES - Operators Included
19 Lowboy Trailer with Tractor
20 Dump Truck
21 Dump Truck
22 Soil Compactor, Towed unit
23 Truck, flatbed
Hour
Hour
Hour
Hour
Hour
Hour
18-20CY
21 - 30 CY
TRANSPORTA nON VEHICLES
24 Pickup Truck
.sTon
Hour
PERSONNEL - All costs included
25 Project Management
26 Laborer w/small tools
27 Traffic Control, flag person
28 Laborer with Chain Saw
29 Crew Foreman with cell phone and pickup
Hour
Hour
Hour
Hour
Hour
$75.00
$60.00
$78.00
$95.00
. '$102.00
$120.00
$85.00
$95.00
$115.00
$13S.OO
$64.85
$60.85
$475.00
$80.00
$85.00
$90.00
$65.00
$S9.35
$70.00
$6S.00
$75.00
$S7.85
$45.00
$10.00
$70.00
$27.00
$27.00
$40.00
$54.00
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. EXHIBIT B
PHTT.I :IPS & JORDAN, INC.
FEE RATE SCHEDULE - APPENDIX E SCOPE OF WORK EXAMPLE
EQUIPMENT LEASING FOR CLEARING OF DEBRIS SCOPE OF WORK
ITEM DESCRIPTION Size or Type Unit Measure Unit Price
30 Operations Manager with cell phone & pickuP Hour $70.00
MISCELLANEOUS EQUIPMENT
31 Air Curtain Bmner Self contairied Hour $21.65
EMERGENCY POWER
32 Generator Hour . $18.00
33 Lighting Hour $18.00
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EXHIBIT .B
PHTI ,r .TPS & JORDAN, INC.
FEE RATE SCHEDULE - APPENDIX F SCOPE OF WORK EXAMPLE
UNIT PRICE CONTRACT FOR DEBRIS REMOVAL
Unit Prices include all Iabor (operators, laborers, supervisors) and materials necessary to complete the project,
includmg but not limited to: wages, benefits, insurance, safety equipment, parts, supplies,equipment
maintenance, repairs, fuels, lubncants, cellular phones, housing, transportation. mobilization, and
demobilization.
ITEM DESCRIPTION
1 Mobilization and Demobilization
Pick-up, haul, and dwnp burnable debris at
2 temporary debris storage site (1DSRS)
Pick-up, haul, and dumpnon-bmnable debris
3 at a. county authorized landfill .
Hazardous stump removal, haul and dump at a
4 mSRS
HaZardous stump removal, haul and dump at a
5 TDSRS
ous stump remov ,
6 TDSRS
ous stump remov
7 TDSRS
a.zaf ous stuI::1p remov ,
8 lDSRS ,
1 pure '(fan pam 0 es
9 created by removal of hazardous stumps
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Size or T e
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Pick-up, haul, dump, and screen beach sand
deposited on roadways. Note: De~ris from
saild screening will be placed at the edge of
the right-of-way, picked-up, hauled, and
dumped at a lDSRS or county authorized
10 landfill at the unit prices listed above.
)
Unit Measure
Job
Unit Price
Included
Cubic Yard
$9.75
Cubic Yard
$9.75
EaCh
$175.00
Each
$350.00
Each
$750.00
~ch
$1,000.00
Each
~~ 5/\0~,OO
Cubic Yard
$10.00
Cubic Yard
$15.00
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I EXHIBIT B
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prm .r.IPS & JORDAN, INC.
FEE RATE SCHEDULE. - APPENDIX H SCOPE OF WORK EXAMPLE
SITE MANAGEMENT FOR DEBRIS REDUCTION
ITEM DESCRIPTION Size or Type Unit Measure Unit Price
I Mobilization and Demobilization Job Included
IDSRS Operations, including reduction of
. bmnable debris through air curtain
2 incineration Cubic Yard $4.10
lDSRS Operations, including reduction of
3 burnable debris by chipping and grinding Cubic Yard $3.25
Loadmg of reduction by-products (mulch or
4 ash), haul to final disposa1location, and dump Cubic Yard $6.75
TippinglDisposal fee for disposal of non-
S bmnable debris and reduction of by-products At Cost
lDSRS preparation and closure. . Note:
Negotiations to Qe based upon the unit prices
contained in Exhibit B: Equipment Leasing
5 Schedule for Clearing of Debris Job Negotiated,
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EXIllBIT "e
WORK ASSIGNMENT NUMBER:
Pursuant to the Manatee County, Florida, Agreement for Debris Management Services
entered into by and between the COUNTY OF MANATEE, hereinafter referred to as the
"County" and . . hereinafter referred
to as the "CONTRACTOR, " a determination has been made by the County that there is a need for
the performance of or rendering of services by the CONTRACTOR of a certain "Work
Assignment" under the purview of said Contract, and the CONTRACTOR is hereby authorized
to perform or render the particular services of work described as follows:
TITLE OF THE PROJECT:
PHASES AND/OR TASKS OF DEBRIS MANAGEMENT SERVICES AUmORlZED:
CONTRACTOR shall perform tasks as more specifically detailed ,in Attachments _ through
as follows:.
Task No.
Title
)
Sub task
Title
Compensation tQ the CONTRACTOR for rendering all of the above identified services and
products shall not exceed THE MAXIMUM COMPENSA TIONOF: $ . Compensation
for the tasks shall not exceed the amounts set forth as follows:
Task # - $
Task # - $
County may authorize, in writing, in advance, adjustments in the compensation for particular tasks
established above, provided such adjustments do not exceed the M..<\XIMUM COMPENSATION
authorized for this Work Assignment.
Partial compensation may be requested on a monthly basis for WORK ACCEPTED but shall not
exceed the percentage of the task completed. -
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...._ ,...... - ~.' .... .. '. ,.. ~ ... - - ,. .... .. ".' ..". . ... ,.., .. .... '. . .... .. d_" ...... ._...... ...... ~.... ,. .... .. u_ .
WORK ASSIGNMENT NUMBER:
WITNESS:
BY:
DATE:
(Name of Firm
, I
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RECOMl\1ENDED BY MANATEE COUNTY FINANCIAL MANAGEMENT DEPARTMENT
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Jim Seuffert, Director
.md BY:
John Barnott, County Contract Manager. ,
BY
APPROVED AS TO FORMAT AND CORRECTNESS: MANATEE COUNTY PURCHASING
APPROVED, with a quorum present and voting this the
, 20__
BY:
-,'p-
R.C. "Rob" .cuthbert, C.P.M.
Purchasing Manager
day of
ATTEST: R.B. SHORE
Clerk of the Circuit Court
COUNTY OF MANATEE, FLOIUDA
by its Board of County Commissioners
Page 2 of 2
BY:
, Cnainnan
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subsection c. from an employee or,otherwise receiving actual notice of such
conviction.
e. Imposing appropriate personnel action against such employee up to and
including termination; or requiring such employee to satisfactorily participate
in a drog abuse assistance or rehabilitation. program approved for such
purposes by a federal, state or local health, law enforcement, or other
appropriate agency.
f. Making a good faith effort to continue to maintain a drog free workplace
through implementation of sections a through e. of this subsection.
2. Severability. If any part, section, subsection, or other-portion of this Resolution, or
any application thereof to any person or circ~stances declared to be void,
unconstitutiOna4 or invalid for any reason, such part, sectioI4 subsection, or other
portion, or theprescnoed application thereof, shall be severable, and the remaining
. .
provisions of this Resolution, and all applications thereof not having'been declared
void, unconstitutional or invalid, shall remain in full force and effect.
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3. Effective Date. This Resolution shall take effect ninety (90) days after adoption by
the Board of County Commissioners.
ADOPTED ,jr.' open session by a majority of the duly elected Foard of -Cnunty
Commissioner.' _:~~ianatee'County, Florida, this 2nd day ofFebruaiy, 1993.
ORIGINAL DOCUMENT SIGNED BY BOARD OF COUNTY COMMISSIONERS
CHAIRMAN MS. LAR1 ANN HARRIS ON FEBRUARY 2) 1993 Al"lD IS ON FILE AT
MANATEE COUNTY CLERKS OFFICE.
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