PRE EVENT CONTRACT FOR DISASTER RECOVERY SERVICES (2)Pre Event Contract for Disaster Recovery Services
THIS PRE -EVENT CONTRACT FOR DISASTER RECOVERY SERVICES
( "Contract ") is entered into and effective as of this 14/-\ day of s x 1�t/ 2017
( "Effective Date "), by and between AshBritt, Inc., a Florida corporation, whose address is 565 E.
Hillsboro Boulevard, Deerfield Beach, Florida 33441 (hereinafter referred to as "Contractor ")
and the City of C a political subdivision of the State of Florida, whose address is
1101 N • 1.k.(L�t{ S R 9 (- C4,,r,�k( h, (hereinafter referred to as "City ").
33 1(9S' lug
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 or
manmade disaster 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, permits
and licenses to perform all storm or disaster related debris removal, remediation, disposal 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, the City's
Request for Proposals (RFP) #15 -17, and Contractor's RFP Response, dated June 1, 2017; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency 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. The
Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, labor, 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 storm - generated or other disaster related debris (hereinafter referred to as
"Debris'), including hazardous 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 hazard 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 determined 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, public school properties, 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 collected 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.
In the event of inconsistency between this Contract, the City's Request for Proposals
(RFP) #15 -17, and Contractor's RFP Response, dated June 1, 2017, then the RFP
and/or the Contractor's RFP Response shall take precedence in clarifying such
inconsistency.
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 following additional tasks 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 Debris Management Site (DMS) for processing. The Contractor shall use
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reasonable care to prevent damage to City or private property not already damaged by
the disaster event in the process of ROW Debris removal. The Contractor shall only
be liable for any damage caused by its negligence or intentional wrongdoing.
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 its negligence or
intentional wrongdoing.
1.5 Demolition of Structures (f 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 permissions, 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, as set out in Sections 1.4 and 1.5
above.
1.7 Management of the Debris Management Site (DMS):
The Contractor shall operate and manage all DMS as the City may require and
authorize. In doing so, the Contractor will perform all of the following actions and
services:
A. Prepare a layout plan for each DMS;
B. Provide the City with a pre -use condition report of the DMS, 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 guard requirements in compliance with applicable law;
D. Process all 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 DMS to as near pre -storm conditions as possible using the pre -use
condition report as a basis.
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. After such request is
made, the Contractor must provide such technical assistance to the City's Emergency
Operations Center (EOC), pursuant to section 3.0 of this agreement. This service shall
include reasonable support guidance on all 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 and/or 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 overhead
and 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.
1.10 Additional Support Services:
The 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 in writing a price or cost for each service requested for
consideration and negotiation with the City.
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
profit 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.
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 permits. Services, equipment and workmanship not
conforming 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:
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The Contractor shall bear the costs of performing all 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 permits 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.
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, in writing.
2.3.2 Indemnification:
The Contractor agrees to indemnify, hold harmless and defend the City
from and against any and all 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 or 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
acknowledge and agree that the first one hundred dollars ($100.00) of the
Contract sum to be paid to Contractor is paid as separate consideration for
these indemnification obligations of Contractor. Nothing contained herein,
however, shall be construed as the City's waiver of any immunity from or
limitation of liability that it may be entitled to under the doctrine of
sovereign immunity or section 768.28, Florida Statutes.
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 the City.
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.
• Coverage A Statutory State Requirements
♦ Coverage B $1,000,000
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 sixty (60) days before June 1st
of every year the contract is in effect, of the 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 prior to June 1st.
2.3.8 Work under 2 CFR200
The Contractor shall follow all of the requirements of 2 C.F.R. §200.321 in
the execution of this Contract, and shall require and enforce similar
compliance with all sub - contractors for contracts awarded by non - Federal
Entities under Federal Awards which are incorporated herein by reference
as if enumerated herein in their entirety.
FHWA -ER Program and 2 CFR Part 200 Contract Requirements
The City intends to seek reimbursement from FHWA for the eligible debris
removal performed on federal aid roads. Consequently, the City mandates
compliance from the successful Contractor regarding the following:
FHWA Form 1273, titled Standard Federal-Aid Provisions. FHWA Form
1273 will be included in the final contract.
Buy America Requirements
49 CFR Part 26, Disadvantage Business Enterprise Program Ei
American with Disabilities Act of 1990 (ADA)
All work must be properly grouped according to FEMA damage categories
as specified in the contract.
FHWA -ER and 200 C.F.R. Program contract requirements are subject to
any changes provided by FEMA or FHWA during the term of the contract.
Based on the current guidance, FHWA will only reimburse the City for the
initial collection, hauling and tipping fee, if applicable, of eligible debris.
Debris reduction operations are not eligible for reimbursement unless the
debris is being reduced as part of a rolling pickup operation. As a result, the
FHWA -ER eligible debris that is collected during the first pass shall be
hauled to the nearest Final Disposal Site unless otherwise directed by the
City.
200 C.F.R. regulations may be found at
http: / /www. ecfr. gov /c gi- bin/text-
idx? SID= 634b707069fd26e4847a948469ec4056 &mc =tru
e& tpl=/ ecfrbrowse/Title02 /2chapterlLtpl
FHWA -ER and 200 C.F.R. Program contract requirements are subject to
any changes provided by FEMA or FHWA during the term of the contract.
Based on the current guidance, FHWA will only reimburse the City for the
initial collection, hauling and tipping fee, if applicable, of eligible debris.
Debris reduction operations are not eligible for reimbursement unless the
debris is being reduced as part of a rolling pickup operation. As a result, the
FHWA -ER eligible debris that is collected during the first pass shall be
hauled to the nearest Final Disposal Site unless otherwise directed by the
City.
MINORITY / WOMEN'S / LABOR SURPLUS FIRMS
PARTICIPATION: The City in accordance with the requirements as stated
in C.F.R. 200.321 encourages the active participation of minority
businesses, women's business enterprises and labor surplus area firms as a
part of any subsequent agreement whenever possible. If subcontracts are to
be let, through a prime contractor, that contractor is required to take the
affirmative steps listed in items (1) through (5) below.
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits,
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which encourage participation by small and minority businesses, and
women's business enterprises;
(5) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
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 shall 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 all necessary arrangements to
mobilize sufficient resources to begin work within forty -eight (48) hours. The balance
of the maximum 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 one hundred eighty (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.
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.
3.4 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.
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3.5 Term of Contract:
The term of the Contract shall be for one (1) year 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 to the Contractor at least sixty (60)
days prior to the expiration of the term or any extended term.
3.6 Contract Renewal:
This Contract may be renewed for additional one year terms after a written acceptance
of both parties on the terms and specifications consistent with Contractor's RFP
Response, dated June 1, 2017. Contractor's RFP Response, dated June 1, 2017 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 all contracted services in this Contract. Such amendments shall become part
of this Contract after both parties sign any such written amendment(s).
3.7 Contract Termination:
This Contract shall terminate upon 30 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 the 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
satisfactory, workmanlike manner. The Contractor shall exhibit respect for the
citizens and their individual private properties. All operations shall be conducted under
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the review of the City Representative. The Contractor shall have and require strict
compliance with accepted ethical practices.
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 shall be responsible for conducting operations in such a manner as to
cause as minimal 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 1.0 and its relevant subsections.
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 for 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 DMS 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:
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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 all passes. Sufficient time shall be permitted between subsequent 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.
5.3 Operation of Equipment:
The Contractor shall operate all trucks, trailers and all other equipment in compliance
with any /all applicable federal, state and local laws, rules and regulations. Equipment
shall be in good working condition. All loading equipment shall be operated from the
road, street or ROW using buckets and/or boom and grapple devices to collect and load
Debris. No equipment shall be allowed behind the curb or outside of the public ROW
unless otherwise directed by the City. Should operation 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 number 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 Contractor
Representative(s). A standard measurement form certifying actual physical
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 nearest
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 Traffic 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/firm in all aspects of the team activity. Logistical support and reports to the City
on Debris monitoring activities are the responsibility of the team manager or
monitoring contractor.
5.9 Work Days/Hours:
The Contractor may conduct Debris loading and hauling operations from sunup to
sundown, seven days per week. Any mechanical, Debris reduction operations at the
DMS may be conducted twenty -four hours per day, seven days per week. The work
week is from the start of operations on Sunday am, thru the end of operations on
Saturday pm. Adjustments to work days and/or work hours shall be as directed by the
City following consultation with and notification to the Contractor.
5.10Hazardous 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. The 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 identified 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 filled will be
documented, and invoiced by the contractor for payment in accordance with the rates
contained in Contractor's RFP Response, dated June 1, 2017.
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5.12Utilizing Local Resources:
The 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.
5.13Work 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.
5.14lnspection 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.
5.15Other 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
6.1 Accountable Debris Load Forms:
The City shall accept the serialized copy of the Monitoring 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
DMS. 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 final 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:
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
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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 final 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 consistent with chapter 119, Florida
Statutes. These maintained reports may include electronic scanned copies of the daily
load tickets and tower determination of percent full.
6.5 Contract File Maintenance:
The Contractor will maintain this Contract and the invoices that are generated for the
contracted services for a period consistent with chapter 119, Florida Statutes.
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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 Contractor's RFP Response, dated June 1, 2017.
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 13 (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
Contractor's RFP Response, dated June 1, 2017.
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 verification 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 6.0 and relevant subsections of this Contract and process said
invoices for payment consistent with the Florida Prompt Payment Act. 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 consistent with the Florida Prompt Payment
Act, and the balance, consistent with the Florida Prompt Payment Act, after the City
has received clarification regarding the 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 determined by the City and/or Government
as ineligible Debris, or for stumps or other services that have not been requested or
approved by City.
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 definition 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 DMS. The
Contractor will not invoice the City for such load(s) until the issue of
eligibility is resolved.
7.7 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 specified 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
Contractor's RFP Response, dated June 1, 2017.
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
Deerfield Beach, FL 33441
Telephone: (954) 545 -3535
Facsimile: (954) 545 -3585
To City at:
Earl Gloster, SW /Gen Svcs. Director
City of Clearwater, FL
1701 N. Hercules Ave.
Clearwater, FL 33765 -1112
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:
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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 certified 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.
CONTRACTOR AND CITY HEREBY SEVERALLY, VOLUNTARILY,
KNOWINGLY AND INTELLIGENTLY WAIVE ANY AND ALL RIGHTS TO
TRIAL BY JURY IN ANY RELATED PROCEEDING, REGARDLESS OF
WHETHER SUCH PROCEEDING CONCERNS ANY CONTRACTUAL,
STATUTORY, TORTIOUS OR OTHER CLAIM. CONTRACTOR AND CITY
SEVERALLY ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED
BY AN ATTORNEY OR HAVE HAD AN OPPORTUNITY TO CONSULT WITH
AN ATTORNEY REGARDING THIS AGREEMENT AND UNDERSTAND THE
LEGAL EFFECT OF THIS JURY TRIAL WAIVER.
8.3 Liquidated Damages M
Should the Contractor fail to complete requirements set forth in this scope of work,
the City will suffer damage. The amount of damage suffered by the City is difficult, if
not impossible to determine at this time. Therefore, the Contractor shall pay the City
in addition to actual damages, the following, as liquidated damages:
83.1 The Contractor shall pay the City, as liquidated damages, $500 per
calendar day of delay to mobilize in the City with the resources required to
begin debris removal operations, within seventy -two (72) hours of being
issued Notice to Proceed. M
8.3.2 The Contractor shall pay the City, as liquidated damages, $500.00 per load
of disaster debris collected in the City that is not disposed of at a City
approved DMS or City approved Final Disposal Site and/or any associated
fines levied by a third party. Application of liquidated damaged does not
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release the Contractor of all liability associated with hauling and
depositing material to an unauthorized location. El
8.3.3 The Contractor shall pay the City, as liquidated damages, $500.00 per
incident where the Contractor fails to repair damages that are caused by
the Contractor or subcontractor(s). Application of liquidated damages does
not release the Contractor from the responsibility of resolving or repairing
actual damages.
The amounts specified above are mutually agreed upon as reasonable and proper
amount of damage the City should suffer by failure of the Contractor to complete
requirements set forth in the scope of work. El
8.4 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 modified, amended or
extended by a written instrument executed by both parties.
8.5 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.
8.6 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.
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.
Electronic, facsimile or scanned signatures on this Contract shall be deemed to be
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authentic and valid counterparts of such original document for all purposes, including
the filing of any claim, action or suit in the appropriate court of law.
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.
AshBritt, Inc.
Title:
Chief Operating Officer
CITY OF CLEARWATER, FLORIDA,
A municipal corporation and
political subdivision of the State of Florida
Gi ek2IICi\CrC'" IC05
George N. Cretekos
Mayor
Camilo A. Soto
Assistant City Attorney
ji441 e iL42�
William B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
Attachments: City's Request for Proposals (RFP) #15 -17
Contractor's RFP Response, dated June 1, 2017
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