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HomeMy Public PortalAboutContract for ServicesCONTRACT FOR DISASTER DEBRIS RECOVERY SERVICES FOR THE TOWN OF GULF STREAM THIS CONTRACT is made and entered into this " I't'�'1 day o 20 $, by and betweenT4(r(Trlrnd(hi Seyius.1gduly authorized to conduct business in the State of Florida, whose address isp0•8Du 25., DayiSZrl., At apzato hereinafter called the "CONTRACTOR" and the Town of Gulf Stream, a political subdivision of the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483, hereinafter called the 'TOWN". WITNESSETH: WHEREAS, the TOWN desires to retain the services of a competent and qualified contractor to provide disaster debris recovery services for the Town of Gulf Stream; and WHEREAS, the TOWN has requested and received proposals to provide disaster debris recovery services; and WHEREAS, the CONTRACTOR is competent and qualified to furnish services to the TOWN and desires to provide services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the TOWN and the CONTRACTOR agree as follows: SECTION 1. SERVICES. The TOWN does hereby retain the CONTRACTOR to furnish services as further described in the Scope of Services, attached hereto as Exhibit "A" and made a part hereof, and contained in the Town of Gulf Stream Request for Proposals (RFP) Number 2008-10, which was responded to by the CONTRACTOR. Additionally, CONTRACTOR shall provide the services and equipment designated in Exhibit "B", attached hereto, under the terms and conditions set forth therein. The services required of the CONTRACTOR shall be specifically enumerated, described and depicted in a Notice to Proceed, issued by the TOWN in the event of a disaster. The Notice to Proceed shall be the authorization required for the CONTRACTOR to perform services in accordance with this Contract. This Contract standing alone does not authorize the performance of any work or require the TOWN to request any work. This Contract is complimentary to the Scope of Services, attached herein as Exhibit "A", and the services and equipment designated in Exhibit "B", and what is called for by one is as binding as if called for by all. SECTION 2. AUTHORIZATION FOR SERVICES. Authorization for performance of services by the CONTRACTOR under this Contract shall be made in the form of a Notice to Proceed issued and executed by the TOWN. The Notice to Proceed shall describe the services required and state the date for commencement. The Notice to Proceed will be issued under and shall incorporate the terms of this Contract. The TOWN makes no covenant or promise as to the number of available projects, nor that, the CONTRACTOR will perform any project for the TOWN during the life of this Contract. The TOWN reserves the right to perform any or all the services described in this Contract with TOWN equipment and TOWN employees either separate from or in conjunction with CONTRACTOR involvement. The TOWN also reserves the right to contract with other parties for the services contemplated by this Contract when it is determined by the TOWN to be in the best interest of the TOWN to do so. SECTION 3. TIME FOR COMPLETION. The services to be rendered by the CONTRACTOR shall be commenced, as specified in the Notice to Proceed, and shall be completed within the time specified therein. Any extensions to the time specified shall be made in writing to the CONTRACTOR at the sole discretion of the TOWN. SECTION 4. TERM. This Contract shall take effect on the date of its execution by the TOWN and shall run for a period ending May 1, 2009 and may, upon mutual agreement of the TOWN and the CONTRACTOR, be renewed for two (2) successive periods not to exceed two (2) years each. Expiration of the term of this Contract shall have no effect upon any Notice to Proceed that are issued pursuant to this Contract and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until completion of the work authorized under the Notice to Proceed. SECTION 5. COMPENSATION. The TOWN agrees to compensate the CONTRACTOR for services called for under this Contract in accordance with the fee schedule attached as Exhibit "C". Those fees shall be paid by the TOWN only after the CONTRACTOR provides the TOWN with proper documentation that verifies the detail and completion of the work performed. The CONTRACTOR shall invoice the TOWN on a bi-weekly basis and the TOWN agrees to pay the CONTRACTOR the appropriate fees within one week of a properly documented invoice. The original invoice shall be sent to the Town Manager, 100 Sea Road, Gulf Stream, Florida 33483. The compensation fee schedule shall be initially taken from the original bid and negotiated prior to each subsequent two-year renewal term. Renewal of the Contract shall be dependent upon mutual agreement between the TOWN and the CONTRACTOR of a compensation fee schedule by May 1st of each two-year Contract period. SECTION 6. COMPENSATION ESCALATOR CLAUSE. The TOWN agrees to automatically adjust the fee schedule, attached hereto as Exhibit "C, annually. An adjustment shall be made to each item of service. Such adjustments will be rendered by a factor equal to the increase in the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers — All Items — South Region as reported by the U. S. Department of Labor, as that Index may increase from the effective date of this Contract. The CPI shall be calculated on the month ending sixty (60) days prior to the annual Contract execution date. SECTION 7. PERFORMANCE SECURITY. In lieu of retainage being held on each invoice, the CONTRACTOR agrees that they will provide a $500,000 payment and performance bond upon issuance of a Notice to Proceed. Prior to final payment, the TOWN, or its authorized representative, may conduct a complete audit and review of all documentation related to completion of work and the invoices submitted by the CONTRACTOR as well as any outstanding damage claims. The CONTRACTOR agrees to cooperate thoroughly in the review. Final payment will be dependant upon this review and reconciliation process. The TOWN agrees to expedite the reconciliation process. SECTION 8. ASSIGNMENT. This Contract, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 9. SUBCONTRACTORS. In the event that the CONTRACTOR, during the course of work under this Contract, requires the services of any subcontractors, or other professional associates in connection with the services covered under this Contract, the CONTRACTOR shall provide the TOWN with written notification of the subcontractor's involvement in the project. The CONTRACTOR shall remain fully responsible for the actions, services and compensation of its subcontractors or other professional associates. SECTION 10. TERMINATION. The TOWN may, by written notice to the CONTRACTOR, terminate this Contract in whole or in part, at any time, either for the TOWN'S convenience or because of the failure of the CONTRACTOR to fulfill its Contract obligations. Upon receipt of such notice, the CONTRACTOR shall immediately discontinue all services affected and deliver to the TOWN all documentation related to the work that is completed or in progress. If the termination is for the convenience of the TOWN, the CONTRACTOR shall be paid compensation for services performed to the date of the termination. Compensation shall be made pursuant to the terms contained herein. If the termination is due to the failure of the CONTRACTOR to fulfill its Contract obligations, the TOWN may take the work and prosecute the same to completion by other contracts or means. In such case, the CONTRACTOR shall be liable to the TOWN for all reasonable costs occasioned to the TOWN thereby and, in addition, the CONTRACTOR shall forfeit, to the TOWN, their performance bond. The CONTRACTOR shall be responsible for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the TOWN in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of the CONTRACTOR. If, after notice of termination for failure to fulfill its Contract obligations, it is determined that the CONTRACTOR had not failed, the termination shall be conclusively deemed to have been affected for the convenience of the TOWN. In such event, the CONTRACTOR shall be paid, in accordance with this Contract, for all work satisfactorily completed. The rights and remedies of the TOWN provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Contract. SECTION 11. ALTERNATIVE DISPUTE RESOLUTION. (a) In the event of a dispute regarding performance or payment obligations arising under this Contract, the parties agree to exhaust TOWN protest procedures prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the TOWN protest procedures set forth in subsection (a) above of which the CONTRACTOR had knowledge and failed to present during the TOWN protest procedures. (c) In the event that TOWN protest procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. SECTION 12. TOWN AND CONTRACTOR REPRESENTATIVES. (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Contract will arise. The TOWN, upon request by the CONTRACTOR, shall designate in writing and shall advise the CONTRACTOR in writing of one (1) or more of its employees to whom all communications pertaining to the day-to-day conduct of the Contract shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define the TOWN'S policy and decisions pertinent to the work covered by this Contract. (b) The CONTRACTOR shall, at all times during the normal work week, designate or appoint one (1) or more representatives of the CONTRACTOR who are authorized to act in behalf of and bind the CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Contract and shall keep the TOWN continually and effectively advised of such designation. SECTION 13. ALL PRIOR CONTRACTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations of agreements, whether oral or written. SECTION 14. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 15. EQUAL OPPORTUNITY EMPLOYMENT. The CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SECTION 16. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the CONTRACTOR (including its officers, employees, and agents) the agent, representative, or employee of the TOWN for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Contract. SECTION 17. EMPLOYEE STATUS. Persons employed by the CONTRACTOR in the performance of the service and functions pursuant to this Contract shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the TOWN'S officers and employees either by operation of law or by the TOWN. SECTION 18. INDEMNIFICATION OF TOWN. The CONTRACTOR shall indemnify and hold harmless the Town of Gulf Stream, its officers and employees, from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this contract. The CONTRACTOR'S obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. SECTION 19. INSURANCE. (a) GENERAL. The CONTRACTOR shall, at the CONTRACTOR'S own cost, procure the insurance required under this Section. (1) The CONTRACTOR shall furnish the TOWN with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation and Employer's Liability, Automobile Liability and Commercial General Liability). The TOWN, its officials, officers, and employees shall be named additional insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the TOWN shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the TOWN with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Contract and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, the CONTRACTOR shall, at the option of the TOWN submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Contract and that the insurance is in full compliance with the requirements of the Contract. The Certificate shall have this Contract name clearly marked on its face. (3) In addition to providing the Certificate of Insurance, if required by the TOWN, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the TOWN with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) Neither approval by the TOWN nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR'S full responsibility for performance of any obligation including CONTRACTOR indemnification of TOWN under this Contract. (b) INSURANCE COMPANY REQUIREMENTS. Insurance companies providing the insurance under this Contract must meet the following requirements: (1) Companies issuing policies, other than Workers' Compensation, must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the (1) Workers' Compensation/Emplover's Liability. (A) The CONTRACTOR'S insurance shall cover the CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both the CONTRACTOR and its subcontractors are outlined in subsection (c) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $100,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $100,000.00 (Disease -Each Employee) (2) Commercial General Liability. State of Florida. Policies for Workers' Compensation may be issued by companies authorized as a group self -insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Contract, an insurance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the TOWN and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Contract. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the TOWN the CONTRACTOR shall be deemed to be in default of this Contract. (c) SPECIFICATIONS. Without limiting any of the other obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR'S sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Contract, the insurance shall become effective prior to the commencement of work by the CONTRACTOR and shall be maintained in force until the Contract completion date. The amounts and types of insurance shall conform to the following minimum requirements. (A) The CONTRACTOR'S insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: LIMITS General Aggregate $3,000,000 Personal & Advertising $1,000,000 Injury Limit Each Occurrence Limit $1,000,000 (3) Professional Liability Insurance. The CONTRACTOR shall carry limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (d) COVERAGE. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary basis. (e) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy must either be on an occurrence basis, or, if a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the CONTRACTOR, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. (g) LOSS CONTROL AND SAFETY. The CONTRACTOR shall retain control over its employees, agents, servants and subcontractors, as well as control over its invitees, and its activities on and about the subject premises and the manner in which such activities shall be undertaken and to that end, the CONTRACTOR shall not be deemed to be an agent of the TOWN. Precaution shall be exercised at all times by the CONTRACTOR for the protection of all persons, including employees, and property. The CONTRACTOR shall make special effort to detect hazards and shall take prompt action where loss control/safety measures should reasonably be expected. (h) PAY ON BEHALF OF THE TOWN. The CONTRACTOR agrees to pay on behalf of the TOWN, as well as provide a legal defense for the TOWN, both of which will be done only if an when requested by the TOWN, for all claims as described in the Hold Harmless paragraph. Such payment on behalf of the TOWN shall be in addition to any and all other legal remedies available to the TOWN and shall not be considered to be the TOWN'S exclusive remedy. SECTION 20. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of the Contract, and shall entitle the TOWN to terminate this Contract immediately upon delivery of written notice of termination to the CONTRACTOR. SECTION 21. WARRANTIES AND REPRESENTATIONS. The CONTRACTOR shall comply with all Federal, State, County, and municipal laws, ordinances, and regulations. The CONTRACTOR certifies his/her eligibility to perform this Contract under local and Federal law, and certifies that he/she is not now and has never been debarred from performing Federal or State government contracts and that all subcontractors used in the performance of this Contract have the same qualifications. SECTION 22. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. SECTION 23. RIGHTS AT LAW RETAINED. The rights and remedies of the TOWN, provided for under the Contract, are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the date below written for execution by the TOWN. ATT"' I/ \ Town Clerk (TOWN SEAL) TOWN OFILF STR ABy /(- William F. Koch, Jr. Mayor Date: v ATTEST: . led 1 e.� rp Secretary (CORPORATE SEAL) CONTRA TOR /2 4 President Date: Appro d f legal sufficiency: own Attorney PAD0CS\13147\00001 \DOM13D3425.DOC Exhibit "A" PART 2. SCOPE OF SERVICES • it is the intent of this Scope of Services to define the general expectations that the Town has for services to be performed by the Contractor in the aftermath of a disaster at the request of the Town in a Notice -to -Proceed. The Notice -to -Proceed will give specific direction to the Contractor of the types of services needed at the time that the Notice -to -Proceed is issued. The Scope of Services addressed in this RFP includes the following: Section 2.1 Debris Removal- from Public Riehts-of-Way A. Emereency Road Clearine At the request of the Town, the Contractor shall respond within the first twenty four (24) hours after a disaster event to assist town crews in clearing roadways by cutting, tossing, and/or pushing of debris from the primary transportation routes as identified by and directed by the Town. This operational aspect is generally limited to the :first five days immediately after a disaster, but this time frame could change according to the amount of debris blocking roadways and the Town's need for this level of assistance. B. Removal of Debris from Public Riehts-of- Way (ROW) Upon receipt of a Notice- to- Proceed from the Town, the Contractor shall respond within seventy-two (72) hours of a disaster with manpower and equipment to begin the process of removing piled debris from Town rights-of- way and/or other Town owned properties as directed by the Town. The Contractor shall provide amount and type of equipment and manpower needed to accomplish the task of debris removal on a schedule approved by the Town. Generally, in the case of a hurricane, this schedule would allow thirty (30) days to complete a certified I" • pass of all city rights-of-way and shall not exceed one hundred fifty (150) days to complete the entire project with a minimum of three (3) certified passes. The Town may alter this schedule based on the amount of debris generated by the specific disaster as well as directive from FEMA. The Contractor is expected to comply with the Town's schedule for completion of the project. The Contractor shall be responsible for collecting eligible debris from public rights-of-way, in accordance with FEMA eligibility regulations, and hauling such debris to a Town designated Temporary Debris Staging and Reduction Site (TDSRS). This may require the Contractor to utilize a TDSRS located outside the city limits and operated by county contractor. This work shall be performed consistent with FEMA debris eligibility and documentation requirements and all work shall be done under the observation of the Town's authorized field monitors. The Contractor shall make every effort to collect and handle vegetative debris separately from all other forms of debris so that processing and disposal alternatives can be maximized. The Contractor shall be responsible for all materials, fuel, and associated costs related to the collection of ROW debris. For load documentation purposes, the Town shall supply its authorized monitors, with unique and sequentially numbered four-part load tickets that comply with FEMA documentation requirements and shall include the following information; ticket number, contract number, date, contractors name, subcontractor's name, driver's name, truck number, measured capacity of truck. percentage of full load, location of debris collection, loading monitor's name, dumping monitor's name, dumpsite, load class (vegetative or mixed), debris eligibility (eligible Cubic Yards). The Contractor shall be compensated for collection on a cubic yard basis per the unit price reflected in the Contractor's Price Proposal (part 3 of this RFP). All waste collected and transported by the Contractor, including any special waste such as stumps, white goods, household waste, construction and demolition waste, boats, docks, vehicles, concrete, asphalt, and other similar waste shall be calculated based the cubic yard volume for eligible Contractor invoicing. The Town shall direct the Contractor regarding collection of debris on roadways eligible for Federal Highway Administration Emergency Relief Program (FHWA) funding. The Town's authorized field monitors will make the on-site eligibility determination of specific collections concerning these FHWA roadways. • Section 2.2 Cutting and Trimming of Hazardous Trees and Limbs from Public and Private Property A. Cutting and Trimming of Hazardous Trees and Limbs on Public Rights -of -Way and Other Public Properties Should damaged trees limbs, and/or other debris caused by the disaster be present on publicly owned properties (including public facility grounds, public rights-of-way, or other public land), and its existence constitutes a threat to the life, safety and health of the general public, the Town may direct the Contractor to cut and pile the damaged trees/limbs and/or other eligible debris on the public properties or the adjacent'public right-of-way where it will be collected by the Contractor and hauled, processed and disposed of as described in Section I (Debris Removal Public Rights -of -.Way) of this document. This work shall involve the cutting, trimming and/or the felling of leaning trees and/or hanging limbs and/or the placement of felled trees and limbs and the removal of uprooted stumps and backfilling the hole. This work shall be contingent on FEMA eligibility requirements and all work shall be done under the observation of the Town's authorized field monitors and shall comply with all FEMA requirements. The Town, with the assistance of FEMA, will develop a procedure for establishing eligibility, monitoring the work, and coordinating the operation of this program if the need is apparent and the program is approved by FEMA. Pricing guidance for the cutting and trimming of hazardous trees and limbs on Public Properties is included herein as "Attachment 2". Pricing is for this service is separate from, and in addition to, the ROW collection and hauling • pricing. B. Cutting and Trimming of Hazardous Trees and Limbs on Private Property through a Right -of -Entry Program (ROE) Should damaged trees, limbs, and/or other debris caused by the disaster be present on privately owned properties and its existence constitutes a threat to the life, safety and health of the general public and FEMA authorizes a Right -of. Entry (ROE) program, the Town may direct the Contractor to out and place the damaged trees, limbs and/or other eligible debris on the public right -of -.way where it will be collected by the Contractor and hauled, processed and disposed of as described in Section 1 (Debris Removal - Public Rights -of. Way) of this document. This work shall involve the cutting, trimming and/or the felling of leaning trees and/or hanging limbs and/or the placement of felled trees and limbs and the removal of uprooted stumps and backfilling the hole. This work shall be contingent on FEMA eligibility requirements and all work shall be done under the observation of the Town's authorized field monitors and shall comply with all FEMA requirements, The Town, with the assistance of FEMA, will coordinate a procedure for establishing eligibility, monitoring the work, and managing the operation of this program if the need is apparent and the program is approved by FEMA. Pricing guidance for the cutting and trimming of hazardous trees and limbs Ihrough the ROE Program is included herein as "Attachment 2". Pricing for this service is separate from, and in addition to, the ROW collection and hauling pricing. . Section 2.3 Managing the TDSRS, Debris Processing, and Disposal of the Processed Debris A. Management of Temporary Debris Staging and Reduction Sites (TDSRS) The Town shall determine the alternative sites for debris management. The Contractor shall operate and manage the TDSRS in accordance with FDEP and FEMA regulations to accept and process all disaster event debris. All Contractor costs associated with management and operation of the TDSRS shall be included in the Contractors line item price for processing of debris. The Contractor shall be responsible for obtaining and paying for all permits • required to construct, operate, maintain, close and reclaim the debris processing sites. The Contractor shall maintain the site in accordance with all local, state, and federal rules and regulations including, at a minimum erosion control, stormwater management, and fire control, and other site management and site maintenance. The Contractor shall provide stabilized ingress and egress to each debris processing site and shall maintain such access throughout the life of the site. The Contractor shall provide Town, State or Federal officials access to the TDSRS at all times fur inspection and monitoring purposes. The Contractor shall also be responsible for, but not limited to the following tasks related to TDSRS site preparation and management: I . site work and materials necessary to build and maintain stabilized roads for ingress or egress, or any roads within the site (if needed), 2. dust and windborne debris control, 3. portable toilets, 4. temporary fencing or other necessary security measures 5. restoration of the site to its pre -event condition C. subcontractor trailers and parking 7. traffic control 8. site monitoring for safe operations 9. site cleanliness. C. Debris Processing . The Contractor shall accept loads of disaster debris into the TDSRS only upon inspection by Town authorized monitors and only after documentation has been completed so that the load is consistent with FEMA eligibility requirement The Contractor shall be required to segregate debris into distinct piles of vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous waste. All methods of debris processing used by the Contractor shall be approved by the Town. Generally, these methods shall include the use of tub -grinding, incineration when approved by the Town, or other effective methods of reduction that may be presented to the Town and approved for use by the Town, FDEP and FEMA. The Contractor shall he responsible for maintaining a level of processing at the TDSRS that will allow continuous removal of the residuals so that the site doesn't become full prematurely. The Contractor shall only he paid a debris processing fee for that debris which is processed through methods acceptable and approved by the Town. D. Haul -out of Residual Waste After Processing The Contractor shall be responsible for haul -out of all residual waste after processing is complete. This waste shall be hauled to the landfill site determined by the Town. The project will not he complete until all residuals are removed from the TDSRS. E. Disposal of the Processed Debris The Contractor shall transport loads of residual debris to the approved disposal sites and all out -bound loads shall be inspected by Town authorized field monitors. Debris tickets will be prepared by Town site monitors for al I out -bound . loads. Tickets will clearly indicate the type of debris (mulch. C&D, white goods, etc.), truck identification, cubic yardage, date and time. Section 2.4 Project Management and Documentation Support A. Manaeement Su000rt The Contractor shall designate a Project Manager for the duration of the project and that Project Manager shall be the • Contractor's representative on all day-to-day issues related to the completion of the project. The Project Manager shall he available at all hours, day or night, by cell phone or other means of communication available to the Town. The Town shall also designate a liaison representative. The Contractor shall meet with the Town representative on a weekly basis, at a minimum, to report on the progress of the project and to discuss any outstanding issues that may exist. B. Documentation Su000rt The Contractor shall assist the Town in providing documentation necessary for the Town to apply for FEMA assistance. Therefore, the Contractor shall follow FEMA guidelines for documentation and shall provide four-part and sequentially numbered load tickets to be used for all inbound and outbound debris hauled into or out of a TDSRS in order to comply with FEMA requirements. Each invoice generated by the Contractor shall provide a computer database containing all documentation of load tickets. The database shall be such that is can be converted to a file compatible with Town software so that it can be reviewed prior to payment. The Contractor shall submit a daily report to the Town for the duration of the project. This report shall contain the following information; Contractor's name, Contract number, number of crew working, location of work (by zone), cubic yards of debris hauled into TDSRS and cubic yards of debris out -bound from the TDSRS, as well as any problems encountered that day. Section 2.5 Other Operational Considerations • The Contractor shall comply with the following: A. The Contractor shall supervise and direct the work using skillful labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment, and the Contractor's subcontractor personnel and equipment, is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform the tasks of the project. B. The Contractor shall be responsible for taking corrective action in response to any notices of violations issued as a result of the Contractor's or subcontractors actions or operations during the performance of the project. Corrections for such violations shall he at no cost to the Town. C. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. At a minimum, one flag person should be posted at each approach to the work area. Work shall he accomplished in a safe manner in accordance with OSHA standards. D. All Contractor fonds of debris and/or residuals shall he subject to inspection by Town, State and/or Federal inspectors at any time to ensure compliance with applicable laws and FEMA regulations. E. All Contractor trucks and other equipment shall be in compliance with all applicable federal, state and local laws and regulations. F. All Contractor's hauling equipment shall be measured for capacity by Town authorized monitors and shall be clearly marked with self-adhesive signage provided by the Town. Magnetic signs are not permitted. Signs shall contain the following information; contractor's name, subcontractor's name, truck number, the cubic yard capacity of the truck, and the date of measurement and inspection. Truck certification sheets shall be completed in detail on every truck depositing debris and out -going trucks delivering reduced debris to include the actual measurements • (length, height, width), calculated cubic yardage, truck identification, driver identification. G. All Contractor's hauling equipment shall have a tailgate capable of containing the debris effectively as to avoid spillage. Plastic webbing is not acceptable for a tailgate. Sideboards and extensions are allowable provided they meet FEMA guidelines and are constructed in such a manner as to withstand severe operating conditions. All extensions are subject to acceptance or rejection by the Town. Once installed, the sideboards and extensions must remain in place or the equipment shall be re -measured and re -marked. Tarps shall be used only if required by FEMA or continual problems exist with debris spillage on public streets. • H. All Contractor loads shall be verified by FEMA acceptable procedures through Town authorized field monitors. 1. The Contractor shall coordinate collection of debris with the Town's project representative on a daily basis and shall provide daily production reports. J. Contractor crews shall work safely and efficiently and shall leave collection location in a sate and neat condition, as determined by the Town, after loading is complete. K. Right-of-way collection of debris by the Contractor shall be performed during visible daylight hours only, seven (7) days per week. Work at the TDSRS may begin at dawn and must end by 7:00 p.m. unless extended hours are approved by the Town. L. The Contractor is responsible for obtaining sites to store trucks and equipment when not in use. M. The Contractor shall make multiple scheduled passes of each right-of-way to collect eligible debris. The number of passes and the conclusion of the project will be determined by the Town. N. The Contractor shall mitigate the impact of the collection and/or processing operation on local traffic to the fullest extent practicable. The Contractor is responsible for establishing and maintaining appropriate traffic controls in all work areas, including the TDSRS. 0. The Contractor shall be responsible for the repair of any public and/or private property damages caused by negligence of the Contractor or any of its subcontractors. The Town shall make the final determination regarding cause of damage, the ruling of negligence, and the satisfaction and completion of the repairs. P. The Contractor shall make every effort to hire local workers and/or subcontractors. Q. The Contractor shall accommodate Town crews and equipment in order to allow such crews to utilize the TDSRS to unload eligible debris. Debris hauled to the TDSRS by Town crews shall be processed and disposed of by the Contractor and the Contractor shall invoice the Town for the processing and disposal of such debris but not for the • collection of such debris. - EXHIBIT "A" Attachment 2 Right -of -Entry Private Property Debris Removal Program Plan • 1. The Town of Gulf Stream shall request that FEMA establish eligibility for participation in a program that would allow the Town to receive reimbursement funding from FEMA for work performed on certain private properties located within the city limits where specific vegetative debris hazards resulting from a disaster continue to exist and those hazards are determined to represent a violation of Town Code. 2. The Town shall establish a process to identify private properties where code violations related to vegetative debris hazards may exist. This shall be done through a public awareness campaign and through field inspections conducted by Town Code Enforcement Officer. 2. The Town's authorized field monitors shall perform in -field monitoring of the removal of debris from private properties. The Town shall contract with the Contractor to perform debris removal work cut, collect, process and dispose of eligible storm debris on ROE designated private properties. 4. The Town shall establish the following process for management of the ROE Private Property Debris Removal Program: a) When the ROE Debris Hotline receives a call from a resident requesting assistance to correct a hazard, or location of a nuisance violation involving storm generated debris on private property is received from a Town of Gulf Stream Code Enforcement Officer, the Town's authorized field . monitor shall input the following information into a database: First and Last Name of the Resident/Property Owner, Mailing Address, Damaged Property Address, Jurisdiction (Town or County) and Telephone Number. b) The database shall generate a mailing list of private property owners whose properties are in violation due to debris hazards. ROE form is mailed out that contains the following: a. Notice of Hazard c) When the ROE form is returned, the Town monitor ensures that it is correct and complete. If not, the ROE form is returned to the property owner with instructions as to what information is missing. d) The completed ROE information is entered into the monitor's database as returned, and the property location is assigned to the ROE surveyor team. The ROE surveyor teams consists of one Town monitor representative and one FEMA representative that go onto each ROE property, assess eligibility, hazards, and methods needed to remove each hazard. The Town's monitor documents and photographs each hazardous item, and enters the information into a field surveyor database. The FEMA representative marks each eligible item with orange spray paint. Each completed ROE survey along with photo documentation is compiled weekly to be submitted as a FEMA Project Worksheet. e) The resident/property owner is notified by telephone 48 hours in advance and is asked a series of questions regarding site hazards such as where septic tanks, electric lines and water/gas meters are located. The resident is asked to put away any animals while work is underway. If the resident checked the box stating they have, or will, receive compensation from insurance for debris removal, they are dealt with on a case by case basis. . f) The contractor goes to the ROE property on the designated day with a ROE monitor. The monitor will have a copy of the survey conducted with FEMA as a reference to observe all of the items listed as hazards to be removed. The contractor shall load the debris onto transport trucks/trailers and the ROE monitor shall document the total cubic yards removed and the corresponding charge category based on equipment used to cut and remove the debris. A FEMA representative may or may not be present for this part of the process. • g) The contractor then transports the debris to a Temporary Debris Storage and Reduction Site. h) After processing, the contractor transports the debris to an approved disposal facility. ROE Pricin¢ Pricing for the ROE Program shall be based on categories of service numbered 1 through 3, each of which requires a distinct level of service. The Contractor shall be paid based on cubic yards of debris cut and collected at the ROE location as measured at the dumpsite tower. The cubic yardage to be used as a basis of payment on any individual ROE property shall be based on the highest category of service required on said property. For example, a property having category 1 and 2 service requirements would be invoiced under category 2 pricing since that level of service and equipment was needed to complete the job at that particular location. This should only include the price for cutting, cleaning and piling the debris at the ROW. The Contract price for hauling the ROW debris, debris processing, haul -out and disposal will apply as indicated and priced under the Contract. (Category 1) The per cubic yard cost associated with cutting and removing vegetative debris from the private property by the use of common and skilled labor, and mechanized equipment commonly used in tree cutting and removal services. The mechanized equipment utilized consists of, but is not limited to, wheeled loading equipment, aerial bucket trucks, and chain saws. (Category 2) The per cubic yard cost associated with cutting and removing vegetative debris from the private property by •the use of all labor and equipment described in Category 1, with the addition of requiring skilled "climbers" to cut trees and branches in areas not accessible to aerial bucket trucks. (Category 3) The per cubic yard cost associated with cutting and removing vegetative debris from the private property by the use of all labor and equipment described in Category 1 and/or Category 2, with the addition of requiring the use of a crane to remove debris due to access limitations and/or weight factors. Backfilling The per cubic yard cost associated with the backfilling stump holes created from the removal of uprooted trees. EXHIBIT "B" The Contractor shall provide the Town a rubber tired machine equal to or larger than a Komatsu WA200 with a "toothless" bucket (smooth edge). Contractor shall deliver said equipment no later than two (2) days prior to the estimated arrival of the storm in the area. This equipment may be operated by Town employees experienced in the operation of the equipment. The Town will be responsible for any damage to the equipment while in use by the Town. In the event the storm does not impact the Town to such extent that a Notice to Proceed is issued to the Contractor, the Town shall reimburse the Contractor for the transportation of the piece of equipment to and from the Town. In addition, the Town shall pay for the daily utilization of the equipment commencing with the day it is delivered and ending with the arrival of the Tag Grinding, Inc. personnel. The transportation charge and the daily fee shall be at the average rate charged by area equipment rental agencies. PADOCSU 3147\00001 \DOC\13D0771. DOC EXHIBIT "Cr1 Attachment 3 Price Proposal - RFP N 2008-10 Contractor ccn��� -MCT &-r riidIrlit Vi La S) LVlv 1 THE FOLLOWING PRICES ARE SUBMITTED BY THE BIDDER FOR THE PURPOSE OF: A. ARRIVING AT AN ESTIMATED TOTAL BID PRICE BASED ON AN ASSUMED DEBRIS VOLUME. B. ESTABLISHING DETAILED UNIT PRICING TO BE UTILIZED IN THE INITIAL CONTRACT TERM AND TO BE USED AS THE BASIS FOR CALCULATING THE PRICE ESCALATIONS. Column I - Column II Column 111 Column IV Unit of Item # Description of Service or Manpower I Equipment Measure Unit Pdce Emergency Road Clearing (IF REOUIRED) Nate: All equipment Pricing to Include Operator Proposer's Bid (Required fm all Items) 1 Wheel Loader, 644 or equivalent w/min. 2.5 yd3 bucket Hours 5, ao 2 Hydraulic Excavator, crawler, 90,200 lb. w/min. 1.5 cy3 bucket Hours 00 . (,fp 3 Lowboy trailer and tractor Hours ! OD -CAD 4 Dozer, tracked 2-3 yd3 blade capacity Hours ' 5 Dozer, tracked, D-7 or equivalent Hours 195--a-0 6 Motor Grader with 1211 blade, 130-140 net hp Hours 5—b , UD 7 Backhoe, with loader, 1.5 yd3 capacity with thumb attachment Hours , YD R Dump truck or truck I trailer with 16-20 yd3 capacity Hours 55.U0 9 Dump truck or truck I trailer with 21-30 yd3 capacity Hours IPJC-, VV 10 Dump truck or truck I trailer with 31-50 yd3 capacity Hours , CrD 11 Dump truck or truck / trailer with 51-60 yd3 capacity Hours 12 Self -loading knuckleboom with body of 30 yd3 or more Hours 126— ,, 13 30 -ton Crane Hours / 50 , VV 14 50 f. bucket truck Hours / 6-, crQ 15 Trailer mounted good light set with generator unit Hourst:aouD 16 Service truck wlair, fuel, welding and misc. tools Hours 17 Project Manager with pickup truck and radio / cell phone Hoursdro le Crew Foreman with pickup truck and radio / cell phone HoursUQ 19 Laborer with pickup truck, 112 ton or larger Hours 20 Laborer with Chainsaw, minimum 16" w/ hand tools / safety equip. Hours21 Climber w/gear Hours22 Laborer with hand tools and safely equipment Hours23 Flagman with safety signs Hours Pngc I of EXHIBIT "Crt Attachment 3 Price Proposal - RFP # 2008-10 Contractor ! Sx ✓itkatimhc2f Column I Column II Column III Column IV column V Column VI Unit of Estimated Item # Description of Service or Manpower / Equipment Measure Volume Unit Price Extended Price Debris Removed from Public Rights -of -Way Proposer's Bid Line item Total Line Item Total (Required for all items) (Est, vatuma x unit once 1 Collection of eligible debris from TOWN rights-of-way and other rj Category 1 - cutting trees and limbs 8 piling debris at ROW public properties and transport of debris to a TDSRS located "Attachment 0-5 miles (one-way) from the point of collection Cubic yards 300,000 1 2 DZ� 000 2 Processing of eligible debris through grinding and/or chipping Cubic yards 300,000 'J //h/ L { J i] 26 WUf 3 Flailing of reduced debris or other materials to landfill Cubic yards located 42 miles from TDSRS (onc-way miles) 100,0.. • oo 3. 2DU/)JOOo �J l 4 TDSRS site management to include site operation, debris Cubic yards acceptance, management, loading 300,000 , n, o w pile material (transport) with use of a crane per description in "Attachment 2" o, Ooo Total Cost Estimate for Debris Removal from ROWS Column I Column It Column 111 Column IV Column V Column VI Unit of Estimated Item # Description of Service or Manpower/Equipment Measure Volume Unit Price Extended Price Hazardous Tree and Limb Cutting on Public Properties Proposer's Bid Line Item Total (Required for all Items) (Est volume s unit pnce) rj Category 1 - cutting trees and limbs 8 piling debris at ROW "Attachment ���' C ��\\ a I 6o with common equipment per description in 2" Cubic yartls 3,000 OUV 6 Category 2 • cutting trees and limbs 8 piling debris at ROW with climbers per description in "Attachment 2" Cubic yards t,..o JO • CU Lr 50 DU o % Category 3 - Cutting trees and limbs 8 piling debris at ROW with use of a crane per description in "Attachment 2" Cubic yards 1,000 �� • 0u) S Category 4 - Backfilling of stump holes associated with removal of stumps per description in "Attachment 2" Cubic yards 800 l DD ui Total Cost Estimate Public Properties Tree Cutting and Trimming TOTAL DEBRIS PROPOSAL BID (ITEMS 1-8) 2�1ip (�U`R an h u to C3 v $ N n m > 0 O75 v >O m a a � E o O❑ ❑ n v v >o n _ C 2 .n ami o a � Nn .l] L u � ❑ a y N ` 3 c E ac a a N w a u m m m? E E 'u Ln Q c a c u' " c 12 � a n C N v O U a a C y 1 U 0 O (vpa a m N '^ u E a in vLLE �7 E v ❑ al a v 3 C E L N u a u a Y C O W C v W 3L 'u ®'.m©©© U1 1wlwl wlw a v k.] h C3 v $ — n m > m C> v >O m a a E E o O❑ ❑ n v E o >o n _ C v c .n ami o a In L O .l] L u � ❑ a y 3 c E ac a a w a 0 c m m m? E E 'u M c u' " c 12 � a 2 u v