PSA with D & J Enterprises, Inc. a:?o/a— P? 7 -7
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI REACH
AND
D & J ENTERPRISES, INC.
FOR DISASTER RECOVERY SERVICES PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 27-11/12
This Professional Services Agreement ("Agreement") is entered into this �vAs -day of
2014 (Effective Date), between the CITY OF MIAMI REACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and D.
& J. ENTERPRISES, INC., an Alabama corporation, whose address is 3495 Lee Road 10,
Auburn, Alabama 36832 (CONTRACTOR).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and CONTRACTOR, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor: For the purposes of this Agreement, CONTRACTOR shall be deemed
to be an independent CONTRACTOR, and not an agent or employee
of the City.
Services: All services, work and actions by the CONTRACTOR performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the CONTRACTOR as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR
PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY
SERVICES, together with all amendments thereto, issued by the City
in contemplation of this Agreement (the RFP) and the
CONTRACTOR's proposal in response thereto (Proposal), all of which
are hereby incorporated and made a part hereof as a composite
Exhibit "F"; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; the RFP; and the
Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6515: and fax number (305) 673-7023
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
PHILLIPS AND JORDAN, INC.
FOR DISASTER RECOVERY SERVICES PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 27-11/12
This Professional Services Agreement ("Agreement") is entered into this day of
, 2014 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and
PHILLIPS AND JORDAN, INCORPORATED, a Tennessee corporation, whose address is
6621 Wilbanks Road, Knoxville, Tennessee 37912 (CONTRACTOR).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and CONTRACTOR, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor: For the purposes of this Agreement, CONTRACTOR shall be deemed
to be an independent CONTRACTOR, and not an agent or employee
of the City.
Services: All services, work and actions by the CONTRACTOR performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the CONTRACTOR as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR
PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY
SERVICES, together with all amendments thereto, issued by the City
in contemplation of this Agreement (the RFP) and the
CONTRACTOR's proposal in response thereto (Proposal), all of which
are hereby incorporated and made a part hereof as a composite
Exhibit "F"; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; the RFP; and the
Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6515: and fax number (305) 673-7023
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
D & J ENTERPRISES, INC.
FOR DISASTER RECOVERY SERVICES PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 27-11/12
This Professional Services Agreement ("Agreement") is entered into this day of
, 2014 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and D.
& J. ENTERPRISES, INC., an Alabama corporation, whose address is 3495 Lee Road 10,
Auburn, Alabama 36832 (CONTRACTOR).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and CONTRACTOR, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor: For the purposes of this Agreement, CONTRACTOR shall be deemed
to be an independent CONTRACTOR, and not an agent or employee
of the City.
Services: All services, work and actions by the CONTRACTOR performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the CONTRACTOR as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR
PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY
SERVICES, together with all amendments thereto, issued by the City
in contemplation of this Agreement (the RFP) and the
CONTRACTOR's proposal in response thereto (Proposal), all of which
are hereby incorporated and made a part hereof as a composite
Exhibit "F"; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; the RFP; and the
Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6515: and fax number (305) 673-7023
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to CONTRACTOR by the City, CONTRACTOR
shall provide the work and services described in Exhibit"A" hereto (the Services).
SECTION 3
TERM
The term of this Agreement(Term) shall commence upon execution of this Agreement by all
parties hereto, as set forth by the Effective Date on page 1 hereof, and shall have an initial
term of three (3) years, with the sole option and discretion of the City to renew for two (2)
additional one (1) year periods.
SECTION 4
FEE
4.1 The CONTRACTOR shall be compensated for the removal, hauling, disposal and
processing (separation, chipping grinding and incineration) of only Disaster Debris Eligible
under FEMA and FHWA programmatic guidelines including but not limited to current FEMA
PA Guides 322, 323, and 325.
If any load is determined to contain material other than Eligible Debris, the load will not be
accepted, and the CONTRACTOR will not be paid for removing, hauling, disposing or
processing that load. If the City representative or City monitoring firm directs CONTRACTOR
to remove and haul debris, in writing, as evidence by a load ticket (Load Ticket(s)), then
CONTRACTOR will be paid for such service.
The CITY may direct the CONTRACTOR to handle Disaster Debris that is ineligible for
Federal reimbursement if it is in the best interest of the City. If such services are required,
the City shall give prior written authorization for the handling of this debris and the City shall
pay the CONTRACTOR for these services performed.
4.2. Payment for work completed by the CONTRACTOR shall be invoiced on a monthly
basis, commencing with the first day of the month following the first full month of service.
(A) Invoices shall be based on verified and approved cubic yard/tonnage
quantities from the daily operational reports and valid Load Tickets signed by the City's
authorized representative.
(B) Payment for verified and authorized work completed shall be made to the
CONTRACTOR within forty-five (45) calendar days after the date on which a proper invoice
is received by the City.
(C) The CONTRACTOR shall invoice the City pursuant to the hauling pricing
schedule and cost schedule, attached hereto as Exhibit"C" and Exhibit"D", respectively.
(D) Travel and per diem costs incurred by the CONTRACTOR, or any
employees/subcontractors of the CONTRACTOR, during the term of this Contract shall be
paid by the CONTRACTOR. The City will not pay any travel or per diem costs incurred by
the CONTRACTOR.
(E) Other than the rates described herein, the CONTRACTOR shall not be
entitled to payment for expenses, fees or other costs incurred at any time and in any
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connection with performance of work under this Agreement, except for pass through tipping
fees.
(F) Any CONTRACTOR or subcontractor that is identified on the List of Parties
Excluded from Federal Procurement and Nonprocurement Programs shall not be authorized
to perform services as outlined in the Scope of Service and the said
CONTRACTOR/subcontractor shall not be paid for any services performed.
4.4 The CONTRACTOR shall be entitled to invoice the City for 90% of the line items,
after work is completed, on a monthly basis (the first of each month). The remaining 10%will
become due after all Eligible Debris is properly processed and disposed of at the final
disposition site(s), the TDSRS final closure and remediation process is approved by the City,
and the CONTRACTOR submits a proper, final invoice. Final payment shall be released to
the CONTRACTOR upon approval by the CA.
4.5 INVOICING
Invoices must be submitted regularly and for no more than thirty day periods and shall
include a detailed description of the Services (or portions thereof) provided, and shall be
submitted to the City at the following address:
City of Miami Beach
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
Attention: Eric Carpenter, Public Works Director
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its
violation of the particular term(s) of this Agreement, and shall grant CONTRACTOR ten (10)
days to cure such default. If such default remains uncured after ten (10) days, the City may
terminate this Agreement without further notice to CONTRACTOR. Upon termination, the
City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by
virtue of, this Agreement.
Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the CONTRACTOR. The
City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's right and remedies
against CONTRACTOR. The City shall be entitled to recover all costs of such actions,
including reasonable attorneys' fees.
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5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE
AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE
TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION;
WHICH SHALL BECOME EFFECTIVE WITHIN TWO (2) DAYS FOLLOWING RECEIPT BY
THE CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING
WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES,
DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees, agents, and CONTRACTORs, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, which may arise or be alleged to have arisen from the
negligent acts, errors, omissions or other wrongful conduct of the CONTRACTOR, its
officers, employees, agents, CONTRACTORs, or any other person or entity acting under
CONTRACTOR's control or supervision, in connection with, related to, or as a result of the
CONTRACTOR's performance of the Services pursuant to this Agreement. To that extent,
the CONTRACTOR shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs and attorneys' fees expended by the City in the defense of such claims and
losses, including appeals.
The parties agree that one percent (1%) of the total compensation to CONTRACTOR for
performance of the Services under this Agreement is the specific consideration from the City
to the CONTRACTOR for the CONTRACTOR's indemnity agreement. The provisions of this
Section 6.1 and of this indemnification shall survive termination or expiration of this
Agreement.
6.2 INSURANCE REQUIREMENTS
The CONTRACTOR shall furnish to the Department of Procurement, City of Miami Beach,
1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance
which indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required
by Chapter 440, Florida Statutes.
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B. Commercial General Liability Insurance on a comprehensive basis, including
Personal Injury Liability, Products/Completed Operations, in an amount not
less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage. City of Miami Beach must be shown as an additional
insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than
$1,000,000 combined single limit per occurrence for bodily injury and property
damage. City of Miami Beach must be shown as an additional insured
with respect to this coverage.
D. CONTRACTOR Professional Liability, in the amount of $200,000. City of
Miami Beach must be shown as an additional insured with respect to
this coverage
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B+" as to management, and no less
than "Class VI"as to financial strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in Florida"
issued by the State of Florida Department of Insurance and are members of the
Florida Guaranty Fund.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH, FL 33139
All of CONTRACTOR's certificates shall contain endorsements providing that written notice
shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the CONTRACTOR specimen
copies of the insurance policies in the event that submitted certificates of insurance are
inadequate to ascertain compliance with required coverage.
The CONTRACTOR is also solely responsible for obtaining and submitting all insurance
certificates for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the CONTRACTOR of the
liabilities and obligations under this Section or under any other portion of this Agreement.
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The CONTRACTOR shall not commence any work and or services pursuant to this
Agreement until all insurance required under this Section has been obtained and such
insurance has been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, CONTRACTOR and the City expressly
waive any rights either party may have to a trial by jury of any civil litigation related to or
arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with
CONTRACTOR's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for
damages in an amount in excess of$10,000 for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the
City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to CONTRACTOR, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. CONTRACTOR shall maintain any and all such records at its
place of business at the address set forth in the"Notices" section of this Agreement.
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10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
CONTRACTOR shall not subcontract, assign, or transfer all or any portion of any work
and/or service under this Agreement without the prior written consent of the City Manager,
which consent, if given at all, shall be in the Manager's sole judgment and discretion.
Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be
assignable unless as approved pursuant to this Section, and any attempt to make such
assignment(unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the CONTRACTOR shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the CONTRACTOR shall not
discriminate against any employee or applicant for employment because of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital and
familial status, or age.
10.6 CONFLICT OF INTEREST
The CONTRACTOR herein agrees to adhere to and be governed by all applicable Miami-
Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the
Miami-Dade County Code, and as may be amended from time to time; and by the City of
Miami Beach Charter and Code (as some may be amended from time to time); both of
which are incorporated by reference herein as if fully set forth herein.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The CONTRACTOR further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly be
employed by the CONTRACTOR. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits arising
there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the CONTRACTOR and the City listed below
or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
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TO CONTRACTOR: D &J Enterprises, Inc.
3495 Lee Road 10
Auburn Alabama 36832
Attn: Jason Sanders
E-mail: djstorm4 gmail.com
Phone: 334-821-5227
Fax: 334-821-5227
TO CITY: City of Miami Beach
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of 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.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and CONTRACTOR agree that this is the entire Agreement between the parties.
This Agreement supersedes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein, and there are no
commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Title and paragraph headings are for
convenient reference and are not intended to confer any rights or obligations upon the
parties to this Agreement.
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12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the CONTRACTOR meets the
definition of "CONTRACTOR" as defined in Section 119.0701(1)(a), the CONTRACTOR
shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the CONTRACTOR upon
termination of this Agreement. Upon termination of this Agreement, the
CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the City in a format that is compatible with
the information technology systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
CONTRACTOR's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the CONTRACTOR does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's
sole discretion, avail itself of the remedies set forth under this Agreement and available at
law.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: �t
Rafael E. Granack, Ci rC� Philip Levi e, or
:INCCR )CRATED:
FOR CONTRACTOR: !-� �? �` g' De& J,ENTERPRISES, INC.
ATTEST:
I By: '
cretary, President
� :
Print Name Print Name/Title
Attachment A — Scope of Services
Attachment "B" —Task Order
Attachment "C" — Hourly Equipment Schedule
Attachment "D" — Cost Proposal
Attachment "E"— Insurance Certificate
Attachment "F" — Request For Proposals (RFP) 27-11/12 For Disaster Recovery
Services, Addenda thereto, and Contractor's response to the RFQ
APPROVED AS TO
FORM & LANGUAGE
F EXECUTION
City Attorney;.19V Dote
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Attachment"A"
SCOPE OF SERVICES
The scope of services will include, but will not be limited to items such as emergency road
clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning
trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous
waste abatement, and sand screening.
Debris Management. Contractor shall be responsible for the removal of all hazards to life
from the disaster. Clean-up, demolition, and removal shall be work authorization approved by
the City Manager, or his designee, by individual work authorizations. Clean-up, demolition,
and removal shall be limited to eligible debris. Eligible debris is that which after it's clean-up,
demolition, and removal:
1) eliminates immediate threats to life, public health, and safety;
2) eliminates threats of significant damage to improved public or private property; and
3) is essential by its absence of ensuring economic recovery.
Technical Disaster Recovery Assistance. Contractor will provide disaster recovery
technical assistance to the City's Administration. The assistance shall include documentation
and management for the public assistance program, planning, training, and exercise
development, as well as attendance at the City of Miami Beach Emergency Operations
Center (EOC) during activation of the EOC for exercise and actual emergency events as
requested by the City Manager.
Logistical Staging Area. Contractor shall provide for the operations and management of the
Logistical Staging Areas to facilitate disaster recovery operations. Specifically, Contractor
shall provide for the supplies and labor for the operations and management needed to
establish Logistical Staging Areas within the specifications and quantities as listed in the
work authorizations and the notice to proceed.
Supervision by Contractor. Under the general oversight of the City, Contractor shall
supervise and direct all work, workers, and equipment. Contractor is solely responsible for
the means, methods, techniques, sequences, safety programs, and procedures utilized.
Contractor shall employ and maintain on the work site a qualified Supervisor(s) who shall
have full authority to act on behalf of Contractor, and all communications given to the
supervisor in writing by the City's Authorized Representative shall be as binding as if given to
Contractor.
Emergency Road Clearance. Contractor shall accomplish the cutting, tossing, and/or
pushing of debris, hanging limbs, or leaning trees from primary roads as identified and
directed by the City. The debris shall be stacked on the right-of-way to allow passage of
vehicles along the primary transportation routes.
Debris Removal from Public Right-of-Way. As directed by the City, Contractor shall load
and haul all eligible debris to a City designated Temporary Debris Storage and Reduction
Site (TDSRS) or other disposable destination. CONTRACTOR must use mechanical
equipment to load and reasonably compact debris into the truck and trailers.
Debris Separation/Reduction and TDSRS Management. Contractor shall operate and
manage the TDRSRS to accept and process all event debris. Contractor shall perform any
site preparation, to include but not limited to:
1) building and/or maintaining roads;
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2) construction of a roofed inspection tower sufficient for a minimum of three inspectors; 3)
any environmental requirements necessary to include wind control fencing, silt fencing,
hazardous material containment area, and/or water retention beams.
All debris will be processed in accordance with all local, state, and federal rules, standards,
and regulations. Processing may include, but is not limited to, reduction by tub grinding,
incineration when approved, or other alternate methods of reduction such as compaction.
Prior to reduction, all debris will be segregated between vegetative debris, C&D, recyclable
debris, white goods, and hazardous waste. Upon the closure of the TDSRS the site will be
restores to its Pre-Use Condition.
Hazardous Stumps. Contractor shall remove hazardous stumps as identified and directed
by the City of Miami Beach. Stump removal shall include backfilling the void with appropriate
fill material and hauling the stumps the TDSRS.
Sand Screening. As directed by the City, Contractor shall screen sand to removal all eligible
debris deposited by the event. This process includes the collection of debris laden sand,
transporting the sand to the processing screen located in the beach, processing the debris
laden sand through the screen and returning the sand to the approximate original location.
Debris removed from the sand will be collected, hauled, and processed as ROW debris.
Final Deposit. Contractor shall load and transport processed debris to and from the TDSRS
to a final disposal site as directed by the City.
Technical Assistance. Contractor shall provide disaster recovery technical assistance to
City's Administration. This service shall include documentation and management for the
public assistance program, planning, training, and exercise development
Quality Assurance. Contractor shall provide sufficient supervision and programmatic
controls to ensure compliance with procedural and regulatory standards established by
FEMA, State of Florida, and the City of Miami Beach.
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ATTACHMENT B
MIA/01BEACH ive Miami Beach Florida 33139 www.miamibeachfl.gov
Tel: 305-673-7480
TASK ORDER
Date: Task Order
Number:
TO: D &J Enterprises, Inc.
3495 Lee Road 10
Auburn, Alabama 36832
Attn: Jason Sanders
E-mail:distorm4�gmail.com
Phone: 334-821-1249
Fax: 334-821-5227
Pursuant to the Agreement between the City of Miami Beach and the above named firm for
REQUEST FOR PROPOSALS (RFP) 27-11/12 FOR DISASTER RECOVERY SERVICES
(the Agreement), you are directed to provide the following scope of services:
(Attach additional pages if needed)
ATTACHMENTS TO THIS WORK ORDER: METHOD OF COMPENSATION:
[ ] scope of services [ ] time basis not-to-exceed
[ ] special conditions [ ] time basis-limitation of
funds
TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall
commence upon execution of this Work Order by the parties Effective Date and shall be
completed within of the Effective Date. Failure to meet the
completion date may be grounds for Termination of the Agreement.
Work Order Amount DOLLARS
Reimbursable Expense Allowance: (If Applicable)
City's Project Coordinator Contractor's Representative
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Attachment"C"
Hourly Equipment Schedule
With Operators for Emergency Road Clearance
210 Prentice Loader $125.00
Self Loading Prentice Truck — 25 to 40 yard $125.00
dump body
Wheel Loader, John Deere 544 or equivalent $125.00
—2/12 to 3 yard bucket
Tandem Dump Truck— 16 to 20 yards $125.00
Mini Loader Bobcat or equivalent $115.00
D6 Dozer or equivalent $165.00
Excavator, Cat 325 or equivalent w/debris $165.00
loading grapple
Wheel Loader, John Deere 644 or equivalent $165.00
—3 to 5 yard bucket
Chainsaw Operator with gear $45.00
Supervisor with pick-up truck $65.00
Safety Manager with pick-up $65.00
Mechanic's Truck with tools $145.00
Flagmen for Traffic Control $45.00
Trash Transfer Trailers 110 Y and with
$165.00
Tractor
Bucket Truck—50 cubic yard bed $125.00
Equipment Trans orts $165.00
Clerical $45.00
Laborers $00.00
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Attachment"D"
COST PROPOSAL FOR ASBRITT
ITEM DESCRIPTION UNIT COST
1 Debris Removal (Vegetative)from
Public Property Right-of-Way(ROW)
to Temporary Debris Storage and
Reduction Site(TDSRS)or final
disposal location
0-15 miles CY $7.98 ;
15-30 miles CY $9.98
over 30 miles Per mile over 30 $0.25
miles, per cubic yard
2 Debris Removal(Construction and
Demolition C&D, including white
goods not requiring Freon removal)
from Public Property Right-of-Way
(ROW)to Temporary Debris Storage
and Reduction Site(TDSRS)or final
disposal location
0-15 miles CY .$7.98
15-30 miles CY $9.98
over 30 miles Per mile over 30 $0.25
miles, per cubic yard
3 Debris Separation/Reduction and CY $3.95
TDSRS Management
4 Final Disposal(Vegetative) Exclusive
of Tipping fees which will be direct
pass through expense to the City
0-15 miles CY $4.95
15-30 miles CY $5.95
over 30 miles Per mile over 30 $0.25
miles, per cubic yard
5 Final Disposal (C&D and White
Goods) Exclusive of Tipping fees
which will be a direct pass through
expense to the City
0-15 miles CY $4.95
15-30 miles CY $5.95
over 30 miles Per mile over 30 $0.25
miles, per cubic yard
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-ITEM DESCRIPTION".: UNIT COST
6 Hazard Stump Removal. All debris is
to be then considered as normal
debris.
Under 24" diameter(Treated a As per Vegetative N/A
Normal Vegetative debris, no per Debris cubic yard rate
tree removal cost is applicable)
Greater than 24",to 36"diameter Per stump -$100.00
Greater than 36",to 48" diameter Per stump $225.00
Greater than 48"diameter Per stump $275.00
7 Hanging Tree limb removal (2"or Per Tree $100.00
greater in diameter). All debris is to
be then considered as normal debris
8 Removal of Hazardous Trees with
attached
Stumps if root ball is exposed more
than 50%. All debris is to be then
considered as normal debris.
0"-12"diameter(no per tree
removal cost is applicable. Treat the
debris as normal vegetative debris)
Greater than 12",to 24" diameter Per Tree $175.00
Greater than 24",to 36"diameter Per Tree $250.00
Greater than 36",to 48"diameter Per Tree $300.00
Greater than 48"diameter Per Tree $350.00
9 Flush cut Hazardous Trees with root
ball exposed is less than 50%. All
debris is to be then considered as
normal debris.
0"-12"diameter(no per tree As per Vegetative N/A
removal cost is applicable. Treat the Debris cubic yard rate
debris as normal vegetative debris)
Greater than 12",to 24" diameter Per Tree $175.00
Greater than 24",to 36" diameter Per Tree $250.00
Greater than 36",to 48" diameter Per Tree $300.00
Greater than 48"diameter Per Tree $350.00
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ITEM-. DESCRIPTION UNIT COST.
10
A Debris Removal Services (for CY $16.95
vegetative debris)See description
ion Section II-Scope of Services)to
include the following:
*Debris Removal from Public
Property Right-of-Way(ROW)to
Temporary Debris Storage and
Reduction Site (TDSRS)
*Debris Separation/Reduction and
TDSRS Management
*Final Disposal
Tipping fees will be a direct pass
through expense paid by the City
based on actual costs.
B Debris Removal Services (for C&D CY $16.95
debris and white goods) See
description in Section II-Scope of
Services)to include the following
*Debris Removal from Public
Property Right-of-Way(ROW)to
Temporary Debris Storage and
Reduction Site(TDSRS)
*Debris Separation/Reduction and
TDSRS Management
*Final Disposal
Tipping fees will be a direct pass
through expense paid by the City
based on actual costs.
17
i
ITEM DESCRIPTION: UNIT COST
11 Debris removal Services(for CY $16.95
Vegetation, C&D debris and white
goods)See description in Section KK
-Scope of Services)to include the
following
*Debris Removal from Public
Property Right-of-Way(ROW)to
Temporary Debris Storage and
Reduction Site(TDSRS)
*Debris Separation/Reduction and
TDSRS Management
*Final Disposal
Tipping fees will be a direct pass
through expense paid by the City
based on actual costs.
12 Tree debris removal includes CY $16.95
hazardous stumps, hanging tree
limbs,and hazardous trees
(learning). Debris dropped to(ROW)
right-of-way include in vegetable
rates in either 10A.
13 Waterway Debris removal(removal CY $37.94
from canals, rivers,coast
waterways). All debris is to then be
considered as normal debris.
14 Sand Collection,screening and CY $12.98
replace(Beach re-nourishment)
15 Vehicle removal and disposal from Unit $95.00
land (including towing and
processing).
16 Vehicle removal and disposal from Unit $500.00
land (including towing and
processing).
17 Vessel removal(land) and disposal Lineal foot $17.50
(including processing)
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-ITEM DESCRIPTION UNIT COST
18 Caracass Removal and disposal LB
(debris that will decompose-animal)
19 Freon management and recycling Unit $50.00.
20 Hazardous Waste and Household LB $21.50
Hazardous Waste Collection,Clean-
up and Disposal
21 Ice (per Pound delivered) LB $0.50
22 Emergency Fuel Gasoline or Diesel GAL $4.00
23 Emergency Fuel Gasoline or Diesel GAL $9.50
24 Emergency Power Generator 5KW $2;000.00
25 Emergency Power Generator 10KW
$3,000.00.
26 Emergency Power Generator 15KW
$4,000.00
27 Emergency Power Generator 20KW
$5,000.00
28 Emergency Power Generator 25KW
$6,000.00
29 Emergency Power Generator 30KW
$6,500.00
30 Emergency Power Generator 40KW
$7,500.00
31 Emergency Power Generator 50KW
$8,000.00
32 Emergency Power Generator 60KW
$8,500.00
33 Emergency Power Generator 70KW
$8,500.00
34 Emergency Power Generator 10OKW
$9,000.00
35 Emergency Power Generator 125KW
$9,500.00
36 Emergency Power Generator 15OKW
$9,750.00
37 Emergency Power Generator 175KW
$10,000.00.
38 Emergency Power Generator 20OKW
$10,500.00
39 Emergency Power Generator 25OKW
$11,000.00
40 Emergency Power Generator 30OKW
$12,000.00
41 Emergency Power Generator 40OKW
$15,500.00
42 Emergency Power Generator 50OKW
$12,500.00
43 Emergency Power Generator 750KW
$12,750.00
44 Emergency Power Generator 80OKW
$13,000.00
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ITEM DESCRIPTION UNIT COST
45 Emergency Power Generator 1000KW
$13,500.00
46 Emergency Power Generator 150OKW
$14,000.00
47 Emergency Power Generator 1750KW
$15,000.00
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Attachment"E"
INSURANCE
I
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Attachment"F"
Request for Proposals No. 27-11/12, Addenda thereto, and Contractor's
response to the RFP
22