DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICESContract for Disaster Debris Removal and Disposal Services
THIS CONTRACT entered into this 20th day of Mav 2021 by and between
Crowder Gulf Joint Venture, Inc. (herein referred to as "Contractor") and the City of Clearwater a
political subdivision of the State of Florida (herein referred to as "City").
RECITALS
WHEREAS it is foreseen that it may be in the public interest to provide for the expedient removal
of storm debris within the corporate limits of the City plus recovery Technical Assistance to the
appointed and elected officials resulting from a natural or manmade event; and
WHEREAS, the City has in the past suffered the full force and effects of major storms and the
resulting destruction brought upon the City by such storms or manmade disasters; and
WHEREAS the Public Health and Safety of all the citizens will be at serious risk; and WHEREAS
the immediate economic recovery ofThe City and its citizens is a majorconcern
and the primary priority for recovery; and
WHEREAS the availability of experienced prime debris contractors may be severely limited; and
WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to
perform all related debris management services; and
WHEREAS, the City and the Contractor have agreed to the Scope of Services, prices, terms, and
conditions as set out in this Contract; and
THEREFORE, in considerations acknowledged by both parties, said parties do agree to the
following stipulations and conditions.
1.0 SERVICES
1.1 Scope of Contracted Services:
The Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, travel, supervision and all other services and facilities of any nature
necessary toexecute, complete and deliver the timely removal and lawful disposal of
all eligible disaster -generated debris (herein referred to as "debris), including but
not limited to hazardous and industrial waste materials within the time specified in
this Contract. Emergency push, debris removal and demolition of structures will
be limited to 1) that which is determined to eliminate immediate threats to life, public
health, and safety; 2) that which has been determined to eliminate immediate threats
of significant damage to improved public or private property; and 3) that which is
considered essential to ensure the economic recovery of the affected community to
the benefit of the community at large.
These contracted services shall provide for the cost effective and efficient removal
and lawful disposal of debris accumulated on all public, residential, and commercial
properties, streets, roads, other rights-of-way, and public -school properties,
including any other locally owned facility or site as may be directed by the City.
Contracted services will only be performed when requested and as designated by
the City.
The Contractor shall load and haulthedebrisfromwithinthe legal boundaries of
the municipality to a site(s) specified by the City as set out in Section 5.1 of
this Contract.
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1.2 Emergency Push/ Road Clearance:
The Contractor shall accomplish the cutting, tossing and/orpushing of debrisfrom
the primary transportation routes as identified by and directed by the City.
This operational aspect of the scope of contracted servicesshall beforthefirst72
hours after an event, or as notified by the City and will be billed on a time and
material basis. Once this task is accomplished, the following additional tasks
will begin as required.
1.3 Right -of -Way (ROW) Removal:
TheContractorshall clear and haul alleligible debrisfromtheROWof the City to
an approved Debris Management Site (DMS) or other disposal destination, in
accordance with Federal requirements, as specified or agreed to by the City
when directed to do so by the City. The Contractor shall use reasonable care
not to damage, or further damage any City or private property not already
damaged by the event. Should any property be damaged due to work on the
part of the Contractor, the City may either bill the Contractor for damages or
withhold funds due to the Contractor in an amount not to exceed the dollar
amount of compensatory damages that the landowner is able to prove.
1.4 Right -of -Entry (ROE) Removal (if implemented by the City):
The Contractor will remove ROE debris from private property with due diligence, as
directed by the City. The Contractor also agrees to make reasonable efforts to save
from destruction items that the property owners wish to save, (Le., trees, small
buildings, etc.). The Contractor will exercise caution when working around public
utilities (i.e., gas, water, electric, etc.). Every effort will be made by the City to
mark these utilities, but the City does not warrant that all will be located before
debris removal begins, nor does the Contractor warrant that utility damages will
not occur as a result of properly conducting the contracted services.
1.5 Demolition of Structures (if implemented by the City):
The Contractor will remove structures designated for removal by and at the direction
ofthe City. The Contractor agrees to remove in a timely manner all structures as
determined bythe Cityasset out in Section 1.1 of this Contract. The Contractor
is responsible for permitting.
1.6 Private Property Waivers:
The City will secure all necessary Right -of -Entry Agreements from property
owners as prescribed by the Government for the lawful removal of debris and/or
demolition of structures from real properties. All such actions will be consistent
with Federal requirements applicable to the disaster event.
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1.7 Disaster Recovery Technical Assistance:
The Contractor will provide Disaster Recovery Technical Assistance to the City
to assist with guidance and consultation on all aspects of the recovery
process. This assistance shall include documentation and management for
the Public Assistance Program pertaining to debris management, planning,
training, and exercise development, as well as attendance at the City's
Emergency Operations Center (EOC) during activations of the EOC for
exercise and actual disasters events as requested by the Contract
Administrator. If Contractor must hire a consulting firm, then the Contractor will
passthrough the applicable charges to the City.
1.8 Debris Separation/Reduction and Debris Management Site(s) (DMS)
The Contractor shall operate and manage the DMS to accept and process all event
debris. All actions will be implemented by the Contractor only with prior approval
of the City. Actions by the Contractor will include, but are not limited to the
following:
• Ensure that only debris authorized the City's Contract Administrator will be
allowed in the DMS sites.
• Provide the City a video record of the pre- and post -use site conditions.
• Prepare a plan of the proposed site layout and review with the City prior to
its implementation.
• Prepare a plan for site security and traffic control for both on the site and
adjacent roadways and review with the City prior to its implementation.
• Provide adequate fire prevention/firefighting equipment, including a water
truck and hoses, on-site throughout the operational period of the DMS,
• Build and or maintain roads as necessary for DMS operation.
• Provide and/or construct and maintain stabilized roofed inspection towers
enough for a minimum of three (3) inspectors. Towers will be positioned at
any entrance and any exit of the DMS.
• Comply with any applicable environmental requirements, to include litter
control fencing, silt fencing, dust control, hazardous materials containment
area, and/or water retention berms.
• Confine hours of operation of the DMS to those determined by the City.
• Process debris by methods that may include, but not limited to, reduction
by grinding, or other alternate methods or reduction, such as compaction.
• Prior to reduction, segregate all debris between vegetative debris,
construction and demolition debris, white goods, and hazardous waste.
• Develop and implement, with the approval of the City, a procedure for
management of the receipt of unauthorized and/or ineligible debris at the
DMS.
• Provide the City with proper and acceptable documentation (including
destination, weight tickets) for final disposal of debris accepted at the DMS.
• Upon closure of the DMS, restore the site to its pre -use condition, meeting
all regulatory requirements for the site closure. Survey the site to verify
that it has been restored to pre -use elevation and condition.
• As directed by the City, sod, hydro -seed or sprig the property once all other
site closure issues have been addressed.
1.9 Designation and Management of Staging Areas
Contractor shall identify staging areas in collaboration with the City for the
purposes of truck/equipment certification; provision of temporary fueling or
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vehicle maintenance (as required), and other operational service functions
related to debris removal efforts. Contractor shall provide temporary tent,
sanitary and other appropriate conveniences necessary for the care and
wellbeing of all Contractor and Sub -Contractor personnel. The City will approve
of the location, size, layout, and services to be provided at any staging area
established by the Contractor, who will ensure that each are managed in
accordance with all applicable regulatory requirements and in a manner to
minimize disruption to the surrounding neighborhoods.
2.0 PERFORMANCE OF SERVICES
2.1 Description of Service:
The Contractor agrees to perform the contracted services in a professional and
workman like manner and in compliance with all applicable laws, ordinances,
rules, regulations, and permits. Only the highest quality workmanship will be
acceptable. Services, equipment, and workmanship not conforming to the
Contract documents or meeting the approval of the City may be rejected.
Replacements and/or rework, as required, will be accomplished at no additional
cost to the City.
2.2 Cost of Services:
The Contractor shall bear all its own operating costs, is responsible for all
permits and fees, and maintenance of its own trucks and equipment to keep
such property in a condition and manner adequate to accomplish contracted
services. Upon receipt and acceptance of full documentation of the
performance of services and an accurate invoice as specified by the City, the
Contractor shall be reimbursed on a unit price basis — Exhibit A — Fee
Schedule. Unknown and/or unforeseen events or conditions may require an
adjustment to the unit costs established in the Agreement. Any amendments,
extensions or changes to the scope of the contracted services or unit prices
are subject to full negotiations between the Contractor and the City.
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 of this Contract and that the work of
their subcontractors is subject to said provisions. Nothing contained in
this Contract shall create any contractual relationship between any
subcontractor and the City. The Contractor shall supply the names and
addresses of subcontractors and materials suppliers when requested to
do so by the City.
2.3.2 Indemnification:
Subject to Section 768.28, Florida Statutes, The Contractor agrees to
indemnify, hold harmless and defend the City from and against any and
all liabilities, suits, actions, legal proceedings, claims, demands,
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damages, costs, and expenses (including attorney's fees) rising out of
any act or omission of the Contractor, its agents, subcontractors, or
employees in the performance of this Contract, but excluding any
damage, injury, or loss to person or property solely the result of the
City's negligent, reckless, or willful acts or omissions or those of its
employees, agents, or other contractors or subcontractors. In no event
shall Contractor's liability hereunder exceed the dollar amount paid or to
be paid to Contractor for its services under this Contract. Nothing herein
shall be construed as consent by the Customer to be sued by third parties, or
as a waiver or modification of the provisions or limits of Section 768.28, Florida
Statutes, or the Doctrine of Sovereign Immunity.
2.3.3 Insurance(s):
The Contractor agrees to keep the following Insurance in full force and
effect during the term of this contract. The Contractor must also name the
City, as additional insured, while working within the boundaries of the City.
• Worker's Compensation: Coverage per City requirements.
• Automobile Liability: Coverage per City requirements.
• Comprehensive General Liability: Coverage per City requirements.
• Contractors Pollution Liability Coverage Includes Transportation
Pollution Coverage
• Professional Liability Coverage
2.3.4 Insurance Cancellation /Renewal:
The Contractor will notify the City at least thirty (30) days in advance of
cancellation, non -renewal, or adverse change to the required insurance.
New certificates of insurance are to be provided to the City at least ten (10)
days following coverage renewals or changes.
3.0 STANDARDS OF PERFORMANCE
3.1 Contractor Representative:
The Contractor shall have a knowledgeable and responsible Contractor
Representative Report to the City's designated Contract Representative within 24
hours following the activation of this contract. The Contractor Representative
shall have the authority to implement all actions 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 Representative, he/she will make all necessary arrangements to
mobilize a minimum of 50% ofthe required resources within 48 hours and 100% of the
required resources within 96 hours to commence and conduct these contracted
services.
3.3 Payment and Performance Bonds:
Contractor shall provide payment and performance bonds seven (7) b len (10) days
following activation of contract the bond will be requested by the City at the time a
major event is anticipated — approximately four (4) to seven (7) days in advance.
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3.4 Time to Complete:
The Contractor shall complete all directed work as set out in Section 1.0 of this
Contract within (number of days will be determined once extent of damage
has been determined) working days and in accordance with Section 5.8 of this
Contract.
3.5 Completion of Work:
The Contractor shall be responsible for removal of all debris associated with
an event up to the point where remaining debris can only be described as
litter and additional collection can only be accomplished using hand labor.
3.5.1 Extensions (optional):
In as much as this is a "time is of the essence" based Contract, the
commencement ofcontracted services will be as set out in Section 3.2.
If the completion ofthis Contract is delayed by actions ofthe City, then
and in such event the time of completion of this Contract shall be
extended for such additional time within which to complete the
performance ofthe Contract as is required by such delay. This Contract
may be extended by mutual consent of both the City and the Contractor
for reasons of additional time, additional services and/or additional
areas ofwork.
3.6 Term of Contract:
The term of the Contract shall be for one (1) year term with two (2), one
(1) year renewal options at the City's discretion, beginning on the date of
acceptance by and signatures of the City and Contractor, whichever
comes later.
3.7 Contract Renewal:
This Contract may be renewed for additional one-year terms after a written
concurrence of both parties on any negotiated changes to the terms and
specifications contained in this Contract. Section 7.0 of this Contract may
be reviewed and amended on an annual basis, at which time amended unit
costs may be submitted by the Contractor to the City to reflect the current
disaster recovery market value the Bureau of Labor Statistics Employment
Cost Index (ECI), private industry workers, total compensation,
management, professional, and other related occupations, service
providers, non -seasonal (C.I.U. 201500100000A) change in the most
recent 12 -month period of all contracted services in this contract. Such
amendments shall become part of this Contract after both parties sign any
such written amendment(s) as required by Section 8.3 of this Contract.
3.8 Contract Termination:
This Contract shall terminate upon (six) 6 months 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
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terms and conditions of such agreements. The City shall provide
Contractor with copies of any such federal or state agreements within
seven (7) days of the execution thereof.
4.2 City Obligations:
The City shall furnish all information and documents necessary for the
commencement of contracted services, including but not limited to a valid
written Notice to Proceed. A representative will be designated by the City
to be the primary point of contact for inspecting the work and answering
any on-site questions prior to and after activation of this Contract via a
written Notice To Proceed. The City is responsible for issuing all Public
Service Announcements (PSA) to advise citizens and agencies of the
available 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 workman like manner. The Contractor shall
exhibit respect for the citizens and their individual private properties. All
operations shall be conducted under the review of a City Representative.
The Contractor shall have and require strict compliance with a written
Code of Ethics. The Contractor will supervise and/or direct all contracted
services. The Contractor is solely responsible for the means, methods,
techniques, safety program and procedures. The Contractor will employ
and maintain on the work site a qualified supervisor who shall have full
authority to act on behalf of the Contractor and all communications given
to the supervisor by the City's Authorized Representative shall be as
binding as if given to the Contractor.
4.4 Damages:
The Contractor shall be responsible for conducting operations in such a
manner as to cause the minimum damage possible to existing public,
private, and commercial property and/or infrastructure. Contractor shall
also be responsible for any property damages solely caused or the result
of the negligence of its employees and subcontractors as set out in
Sections 1.2 through 1.5 of this Contract. Contractor must report any
damage to the City in writing within 24 hours. The City may either bill the
Contractor for the damages, withhold funds due to the Contractor or
require the Contractor to repair the damage(s)to the satisfaction of the City.
The city shall make the determination of whether "negligence" has
occurred. However, in no event shall the Contractor's liability here under
exceed the dollar amount paid or to be paid to Contractor for its services
under this Contract.
4.5 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.
4.6 Ownership of Debris(optional):
All debris, including regulated hazardous waste, shall become the property
of the Contractor for removal and lawful disposal. The debris will consist
of, but not limited to vegetative, construction and demolition, white goods,
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and household solid waste.
4.7 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 primary
location of the reduction and disposal site(s) shall be determined by the
City and Contractor. Other sites may be utilized as directed and/or
approved by the City.
4.8 Federal -Aid Requirements:
The Contract provisions of the Federal Highway Administration's Form
FHWA-1273 (Appendix C), titled "Required Contract Provisions- - Federal -
Aid Construction Contracts" and FEMA FACT SHEET 9580.214, "Debris
Removal on Federal- Aid Highways, shall apply to all work performed by
the Contractor or any of its Subcontractors.
4.9 Compliance with Federal Laws:
This Contract is subject to Federal Laws. The Federal laws applicable to
and incorporated into this Contract are 2 C.F.R. 200.326 as described in
Appendix II to Part 200 • Contract Provisions for non -Federal Entity
Contracts Under Federal Awards, FEMA Public Assistance Program and
Policy Guide, FEMA 325 Debris Management Guide, FEMA Recovery
Policy 9500 series and any other Federal rule, regulation or policy relating
to disaster debris.
5.0 GENERAL TERMS AND CONDITIONS
5.1 Geographic Assignment:
The geographic boundary for work by the Contractor's crews 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 (optional):
The Contractor shall make scheduled passes at the direction of the City
and/or unscheduled passes of each area impacted by the 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.
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 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 Certifications:
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The Contractor will be responsible for the certification of personnel and
vehicles.
5.5 Certification of Vehicles Load Carrying Capacity:
The Contractor shall submit to the City a certified report indicating the type
of vehicle, make and model, license plate number and/or trailer VIN
number, assigned debris hauling number and measured maximum
volume, in cubic yards, of the Toad 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 and Contractor
Representative(s). A standard measurement form certifying actual
physical measurements of each piece of equipment shall be an attachment
to the certified report(s) submitted to the City.
5.6 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 painted
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.
5.7 Security of Debris During Hauling:
The Contractor shall be responsible for the security of debris on/in each
vehicle or piece of equipment utilized to haul debris. Prior to leaving the
loading site(s), the Contractor shall ensure that each load is secure and
trimmed so that no debris extends horizontally beyond the bed of the
equipment in any direction. All loose debris shall be reasonably compacted
and secured during transport. As required, the Contractor will survey the
primary routes used by the Contractor and recover fallen or blown debris
from the roadway(s).
5.8 Traffic Control:
The Contractor shall mitigate 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. 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).
5.9 Work-Days/Hours:
The Contractor may conduct debris removal operations from sunup to
sundown, seven days per week. Any mechanical, debris reduction operations
or burning operations may be conducted 24 hours a day, seven days per
week. Adjustments to workdays and/or work hours shall be as directed by
the City following consultation and notification to the Contractor.
5.10 Hazardous and Industrial Wastes:
The Contractor shall set aside and reasonably protect all hazardous or
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industrial materials encountered during debris removal operations for
collection and disposal in accordance with the Contractor's Hazardous and
Industrial Materials Cleanup and Disposal Plan. The Contractor will build,
operate, and maintain a Hazardous Waste and Industrial Material Storage
area until proper disposal of such waste is feasible. The Contractor may use
the subcontracting services of a firm specializing in the management and
disposal of such materials and waste, if/when directed by the City.
5.11 Stumps:
All hazardous/eligible stumps identified by the City will be pulled, loaded,
transported, stored, reduced, and disposed in accordance with the standards
of this Contract. All stumps will be documented, invoiced, and paid in
accordance with Stump Conversion Table- Diameter to Volume Capacity.
5.12 Utilizing Local Resources:
The Contractor shall, to the extent possible, give priority to utilizing resources
within the City. Debris Contract local preferences will include, but not limited
to, procurement of services, supplies and equipment, plus awarding service
subcontracts and employment to the local work force.
5.13 Work Safety:
The Contractor shall provide and enforce a safe work environment as
prescribed in the Occupational Safety and Health Act of 1970, as amended.
The Contractor will provide such safety equipment, training and supervision
as may be required by the City and/or Government. The Contractor shall
ensure that its subcontracts contain a similar safety provision.
5.14 Inspection and Testing:
All debris shall be subject to adequate inspection by the City or any public
authority in accordance with generally accepted standards to ensure
compliance with the Contract and applicable federal, state, and local laws.
The City will, at all times, have access to all work sites and disposal areas. In
addition, authorized representatives and agents of the Government shall be
permitted to inspect all work, materials, invoices and other relevant records
and documentation.
5.15 Other Agencies:
The term "Government" as used in this Contract refers to those governmental
agencies, which may have a regulatory or funding interest in this Contract.
6.0 REPORTS. CERTIFICATIONS and DOCUMENTATION
6.1 Accountable Debris Load Forms:
The City shall accept the serialized copy of the Contractor's debris reporting
ticket(s) as the certified, original source documents to account for the
measurement and accumulation of the volume of debris delivered and
processed at the reduction and/or disposal site(s). 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 shall be used as the basis of any electronic generated billing
and/or report(s).
6.2 Reports:
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•
The Contractor shall submit periodic, written reports to the City as requested
or required, detailing the progress of debris removal and disposal. These
reports may include, but not limited to:
6.2.1 Daily Reports:
The daily reports may detail the location where passes for debris removal were
conducted, the quantity of debris (by type) removed and disposed, and the
total number of personnel crews engaged in debris management operations
and the number of grinders, chippers, and mulching machines in operation. The
Contractor will also report damages to private property caused bythedebris
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.
6.2.2 Weekly Summaries:
A summary of all information contained in the daily reports as set out in
Section 6.2.1 of this Contract or in a format required by the City.
6.2.3 Report(s) Delivery:
The scheduling point of delivery and receiving personnel for the debris
operations report(s) will be directed by the City in consultation with the
Contractor.
6.2.4 Data Reconciliation:
Reconciliation of data will be accomplished weekly between the Contractor
and the City's representative. All discrepancies will be resolved within five
days.
6.2.5 Final Project Closeout:
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, any other additional information as may be necessary to
adequately document the conduct of the debris management operations for
the City and/or Govemment.
6.3 Additional Supporting Documentation:
The Contractor shall submit sufficient reports and/or documentation for debris
loading, hauling, disposal, and load capacity measurements as may
reasonably be required by the City and/or Government to support requests for
debris project reimbursement from external funding sources.
6.4 Report Maintenance:
Contractor will be subject to audit by federal, state, and local agencies
pursuant to this Contract. The Contractor will maintain all reports, records,
debris reporting tickets and contract correspondence for a period of not less
than three (3) years.
6.5 Contract File Maintenance:
The Contractor will maintain this Contract and the invoices that are generated
for the contracted services for a period of five (5) years or the period of
standard record retention of the City, whichever is longer.
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6.6 Public Records:
IF THE CONTRACTOR (HEREINAFTER FOR PURPOSES OF THIS
SECTION 6.6 "CORPORATION") HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE
CORPORATION'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street,
Suite 600, Clearwater, FL 33755
The Corporation's agreement to comply with public records law applies
specifically to:
a) Any documents considered public records as that term is defined in §
119.011(12), Fla. Stat.
b) Keep and maintain public records required by the City of Clearwater
(hereinafter "public agency") to perform the service being provided by
the Corporation hereunder.
c) Upon request from the public agency's custodian of public records,
provide the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise
provided by law.
d) Ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and
following completion of the contract if the Corporation does not transfer
the records to the public agency.
e) Upon completion of the contract, transfer, at no cost, to the public
agency all public records in possession of the Corporation or keep and
maintain public records required by the public agency to perform the
service. If the Corporation transfers all public records to the public
agency upon completion of the contract, the Corporation shall destroy
any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Corporation keeps
and maintains public records upon completion of the contract, the
Corporation shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public
records, in a format that is compatible with the information technology
systems of the public agency.
f) A request to inspect or copy public records relating to a public agency's
contract for services must be made directly to the public agency. If the
public agency does not possess the requested records, the public
agency shall immediately notify the Corporation of the request and the
Corporation must provide the records to the public agency or allow the
records to be inspected or copied within a reasonable time.
g) The Corporation hereby acknowledges and agrees that if the
Corporation does not comply with the public agency's request for
records, the public agency shall enforce the contract provisions in
accordance with the contract.
h) A Corporation who fails to provide the public records to the public
agency within a reasonable time may be subject to penalties under
Section 119.10, Florida Statutes.
I) If a civil action is filed against a Corporation to compel production of
public records relating to a public agency's contract for services, the
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court shall assess and award against the Corporation the reasonable
costs of enforcement, including reasonable attomey fees, if:
i. The court determines that the Corporation unlawfully refused to
comply with the public records request within a reasonable time;
and
ii. At least 8 business days before filing the action, the plaintiff
provided written notice of the public records request, including a
statement that the Corporation has not complied with the request,
to the public agency and to the Corporation.
j) A notice complies with subparagraph (h)2 if it is sent to the public
agency's custodian of public records and to the Corporation at the
Corporation's address listed on its contract with the public agency or to
the Corporation's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the
sender and with evidence of delivery, which may be in an electronic
format.
k) A Corporation who complies with a public records request within eight
(8) business days after the notice is sent is not liable for the reasonable
costs of enforcement.
7.0 UNIT PRICES and PAYMENTS
RFP Fee Schedule per attachment "A" dated July 17,2020 (RFP response). RFP
#35-20 response dated July 17, 2020.
7.1 Billing Cycle:
The Contractor shall invoice the City on a 30 -day basis reflecting 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.
7.2 Payment Responsibility:
The City agrees to accept the Contractor's invoice(s) and supporting documentation as set
out in Section 6.3 of this Contract and process said invoices for payment within 30
business days of the receipt thereof. The City will advise the Contractor within five
(5) working days of receiving any debris service invoice that requires additional
information for approval to process for payment.
7.3 Ineligible Work:
The Contractor will not be paid for the removal, transportation, storage, reduction and/or
disposal of any material or stumps as may be determined by the City and/or Govemment
as ineligible debris.
7.3.1 Eligibility Inspections:
The Contractor and the City will inspect each load to verify the
contents are in accordance with the accepted definition of eligible
debris, as set out in Section 1.1 of this Contract.
7.3.2 Eligibility Determinations:
If any load is determined to contain material that does not conform to
the definition ofeligible debris,the loadwill be orderedtobe deposited
at another landfill or receiving facility and no payment will be allowed
forthatload and the Contractor will notinvoice the City for such loads.
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7.4 Unit Price/Service Negotiations:
Unknown and/or unforeseen events or conditions may require an adjustment to
the stated unit prices in Section 7.0 of this Contract. Any amendments,
extensions, or changes to the scope of contracted services or unit prices are
subject to full negotiation(s) between the City and the Contractor and subject
to the review of the Govemment and must comply with Section 8.3 of this
Contract.
7.5 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 will only be performed if/when directed by the City. The rate for
specialized mobilization and demobilization shall be fair and reasonable as
determined by the City.
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 certified or registered mail and addressed as follows:
Contractor:
City:
Crowder Gul Joint Venture, Inc.
5629 Commerce Blvd., E
Mobile, AL 36619
800-992-6201
jramsav(crowderquif.com
Earl Gloster
Director, Solid Waste/General Services
1701 N. Hercules Ave
Clearwater, FL
Phone: 727-562-4990
Email: earl.glosterCa7mvclearwater.com
14
8.2 Applicable Law:
The laws of the Florida shall govern this Contract. Any and all legal action
necessary to enforce the Contract will be held in Pinellas County, Florida, and the
Contract shall be interpreted by the laws of Florida.
8.3 Entire Contract/Amendments:
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, negotiations,
proposals, agreements and/or understandings, whether verbal or written, relating
to the subject matter hereof. This Contract may be modified, amended, or
extended only by a written instrument executed by both parties.
8.4 Waiver:
In the event one of the parties waives a default by the other, such a waiver shall
not be construed or deemed to be a continuing waiver of any subsequent breach
or default of the other provisions of this Contract, by either party.
8.5 Severability:
If any provision of this Contract is deemed or becomes invalid, illegal, or unenforceable under
the applicable laws or regulations of any jurisdiction, such provision will be deemed amended
to the extent necessary to conform to applicable laws or regulations. If it cannot be so amended
without materially altering the intention of the parties, it will be stricken, and the remainder of
this Contract will remain in full force and effect.
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 name by persons authorized to execute said Contract as of the day and year first written
above on page one.
Cou ter signed:
rank Hibbard
Mayor
Approved as to from:
4h
Michael Fuino
Assistant City Attorney
Crowder Gulf Joint Venture Inc.
Ashley
Presiden
by:
Attest:
Attest:
15
CITY OF CLEARWATER, FLORIDA
(k)
William B. Horne
City Manager
Lbdil 'ROL 0,
Rosemarie Call
City Clerk
Zuzir_
Wesley Ile
Contra Administrator