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Contract for Disaster Debris Recovery Services - Ceres
CONTRACT FOR DISASTER DEBRIS RECOVERY SERVICES FOR CITY OF MIAMI BEACH, FLORIDA This Contract is made and entered into on this day of -(] 2008 by and between The City of Miami Beach, Florida, a political subdivision of the State of Fl rida, hereinafter called the "CITY", and CERES ENVIItONMENTAL SERVICES, INC, hereinafter called the "CONTRACTOR." Whereas, the CITY is subject to potential natural and/or manmade disasters, such as hurricanes; and Whereas, such storms can generate up to an estimated twenty-seven (27) million cubic yards of debris in large scale disasters; and Whereas, the CITY has determined debris removal, storage, reduction, disposal and recycling is in the best interests of the CITY; and Whereas, the CITY in the interests of safety, health and welfare, desires to remove, consolidate and properly dispose of such debris; and Whereas, The CITY desires to engage the services of a qualified and licensed contractor to manage Debris Removal, Debris Disposal and Debris Recycling Services and Debris Storage and Reduction Services following natural or manmade disasters; and Whereas, procurements under this Contract shall be limited to those which are determined essential to eliminate threats to public health, safety and welfare, to the economic recovery of the affected area for the benefit of the community-at-large, to eliminate immediate threats of significant damage to improved public or private property and to facilitate the restoration of normal public services; and Whereas, the CONTRACTOR is an experienced, qualified and licensed general contractor with expertise in performing Debris Removal, Debris Disposal and Debris Recycling Services and Debris Storage and Debris Reduction Services following natural or manmade disasters; and Whereas, the CONTRACTOR is an experienced, qualified and licensed pollutant storage contractor with expertise in the management, handling, transporting and disposal of Hazardous and/or Toxic Waste; and Whereas, the CONTRACTOR shall provide complete recovery management support, including but not limited to debris management and disaster recovery technical assistance, to CITY personnel in all seven categories of work as defined by the Federal Emergency Management Agency (FEMA) in the Public Assistance Guide FEMA 321; and Whereas, the CONTRACTOR is experienced in working with federal, state and local emergency agencies and has documented knowledge of federal and state disaster programs, funding sources and the FEMA reimbursement process; and Whereas, the CITY desires reimbursement of costs, as available; and Page 1 of 38 ~ ~ ~ E.r. .« ~ ~~ ~ ~ Whereas, the CONTRACTOR is experienced in providing adequate and timely data necessary for governmental audits and reimbursement payments relative to disaster recovery efforts; and Whereas the CITY desires to utilize the solicitation in order to secure the disaster debris recovery services of the CONTRACTOR. Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: DEFINITIONS ASH {as defined in Section IV.F.2) BULKY HOUSEHOLD WASTE/GARBAGE {as defined in Section IV.F.1.d) CONSTRUCTION AND DEMOLITION DEBRIS (as defined in Sectian IV.F.l.b) CONTRACT ADMINISTRATOR {or CA)-the Ciry Manager, or other person, designated in writing by the CITY as the primary contact person for the CONTRACTOR. ELIGIBLE DEBRIS (as defined in Section IV.F.1} FINAL DISPOSITION SITES-a City-approved landfill lawfully permitted to accept all non- recyclable Eligible Debris or aCity-approved recycling facility, broker or end-user permitted to accept recyclable Eligible Debris. GRANT COORDINATOR-the City Manager, or other representative, who is designated {in writing} by the CITY to be the primary contact person for the administration of the FEMA pubiic assistant grants and shall act as liaison between FEMA and the CITY. (as defined in Sectian VILA.) HAZARDOUS AND/OR TOXIC WASTE (as defined in Section IV.F.1.f) HOT SPOTS-areas within the City of Miami Beach where residents are in immediate need of debris removal assistance or illegal dumpsites that may pose health and safety threats. (as defined in Section V.D.9.) INELIGIBLE DEBRIS {as defined in Section iV.F.3) LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PROGRAMS--FEMA list identifies those parties excluded throughout the U.S. Government from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and non-financial assistance and benefits. (see Section IV.G.4.) LOAD TICKET a serialized, four-part form used to record and document volumes of Eligible Debris collected by the CONTRACTOR. (as defined in Sectian V.I.} NATIONAL RESPONSE CENTER-the sole national point of contact for reporting oil, chemical, radiological and biological discharges. (see Section VI.I.3.} NOTICE TO PROCEED-written approval issued to the CONTRACTOR by the CITY to begin mobilization for disaster recovery work. {see Section III.C.-E.) The City manager {or other designees} identified by the City Manager in written farm prior to activation) will be the only person able to issue a notice to proceed on behalf of the CITY unless modified by a written list of persons authorized by the City Manager to issue such notice. Written notice to proceed may be delivered to CONTRACTOR via fax machine, overnight carrier or delivered in person to the CONTRACTOR representative. CONTRACTOR will provide a contact fist (including name, address, position, telephone, cell phone, fax and a-mail address} of persons authorized to receive the NTP within seven (7) days of execution of the contract. Said list will become an attachment to this contract. Page 2 of 38 PASSES-the number of times the CONTRACTOR passes through the assigned Wark Zone to collect all Eligible Debris. (as defined in Section V.F.} RECYCLABLES {as defined in Section IV.F.I .e) RECYCLING FACILITY-a facility that recovers or reuses any Eligible Debris, such as metals, soils or construction materials that may have a residual monetary value far raw material in producing new products. RIGHTS} OF WAY-public and/or private streets where residents have placed Eligible Debris at curbside in residential areas as is done with routine solid waste collection. TASK ORDER-written authorization issucd to the CONTRACTOR by the CITY to define a specific scope of work and the time period authorized for the completion of stated services. (See Section III.E.-F.) TEMPORARY DEBRIS STORAGE AND REDUCTION SITES}-a CITY-approved location where Eligible Debris is temporarily stored until it is reduced in volume and/or taken to a Final Disposition Site. TEMPORARY DEBRIS STORAGE AND REDUCTION SITE TOWER INSPECTOR-the city's authorized representative designated to inspect and verify each load of Eligible Debris that is delivered to the Temporary Debris Storage and Reduction Site(s). TEMPORARY DEBRIS STORAGE AND REDUCTION SITE SUPERVISOR-the city's authorized representative designated to monitor the Temporary Debris Storage and Reduction Site operations performed by the CONTRACTOR. TIPPING FEE-a fee based on weight, or volume, of debris dumped that is charged by landfills or other waste management facilities to cover their operating and maintenance costs. WHITE GOODS (as defined in Section IV.F.I.c) WOODY VEGETATIVE AND YARD DEBRIS (as defined in Section IV.F.I.a) WORK ZONE-the designated area within the City of Miami Beach that the Contract Administrator, or authorized representative, has assigned to the CONTRACTOR to perform Eligible Debris removal and hauling services. WORK ZONE MONITOR-the city's authorized representative designated to inspect and validate each load of Eligible Debris that is removed from the assigned Work Zones. WORK ZONE SUPERVISOR-the city's authorized representative designated to maintain the overall organization/coordination of the Eligible Debris collection in the assigned Work Zone. ACRONYMS A. C & D -Construction and Demolition B. CA -Contract Administrator FEMA -Federal Emergency Management Agency NTP -Notice To Proceed ROW - Rights} of Way TDSRS -Temporary Debris Storage and Reduction Site(s) Page 3 of 3 8 GENERAL The purpose of this Contract is to provide Removal, Hauling, Disposal And Recycling of all Eligible Debris (as defined in Section IV.F.1.), to provide TDSRS Operations and Management of Eligible Debris generated as a result of natural or manmade disasters within the City of Miami Beach, to provide Technical Assistance to CITY personnel and Additional Services, if needed, in accordance with the terms and conditions set forth herein. The Contract shall commence on August 1 S`, 20p7, and remain in effect far a period of three (3) years. The CITY has the option to renew the contract at its sole discretion far an additional three (3} year period on a year-to-year basis. Renewal of the contract is a CITY prerogative, not a right of the CONTRACTOR. Such option will be exercised, if at all, only when it is in the best interest of the CITY, and maintaining the same scope of services and terms and conditions as stated under the original Contract. Until a written notice to proceed (NTP) is issued by the CITY to the CONTRACTOR, no level of disaster recovery work is approved, guaranteed or implied under this Contract. Upon receipt of the written NTP, the CONTRACTOR shall commence mobilization of personnel and equipment. In addition to the NTP, the CITY shall issue a Task Order that shall set forth the specific scope of work and the time period authorized for completion of services to be performed by the CONTRACTOR. In the event that the CITY does not issue a NTP to the CONTRACTOR during the term of this Contract, it is understood by all parties that no guaranteed minimum amount of work is implied to the CONTRACTOR under this Contract. IV. STATEMENT OF WORK A. Disaster Debris Removal, Hauling, Disposal and Recycling The CONTRACTOR's primary responsibilities are: Removal of Eligible Debris: This shall mean the timely collection of eligible debris generated by natural or manmade disasters from public and/or private right(s) of way (ROW) as defined in Section I. R. Segregation of Eligible Debris: This shall mean the separation of eligible debris by the CONTRACTOR at TDSR into six (b) categories: 1) woody vegetative and yard debris, 2) construction and demolition (C & D) debris, 3) white goods, 4} recyclables 5} hazardous and/or toxic waste (hazardous and toxic waste) and 6) any other disaster debris, such as bulky household waste/garbage, that FEMA deems is Eligible Debris. c. Hauling Eligible Debris from designated Work Zone as defined in Section I.Z.: This shall mean the collection and transportation of Eligible Debris from the authorized and approved work areas to the Temporary Debris Storage and Reduction Site(s) (TDSRS) as defined in Section I.T., and/or the Final Disposition Site(s) as defined in Section I.F. d. Final disposal and recycling of Eligible Debris: This shall mean the transportation ofnon-recyclable Eligible Debris from the TDSRS to a landfill lawfully permitted to accept alt non-recyclable debris, including ash from the TDSRS and approved by CITY. In addition, Page 4 of 38 this shall also mean the transportation of all Eligible Debris considered recyclable to a recycling facility as defined in Section I.Q., broker or end- user approved by the CITY. Management and Operations in the Wark Zones: This shall mean the supervision and direction of CONTRACTOR haulers in the assigned Wark Zones; maintaining equipment staging area(s); and the responsibility for traffic control in the Wark Zones. Preparation of reports as the CITY may require: This shall mean Load Tickets, daily volume/tonnage reports. of Eligible Debris removed, equipmentlvehicle lists, daily timesheet tickets, finished production reports, crew location reports, final disposal scale tickets, recycling volume!tannage reports, FEMA farms and any other reports needed by the CITY to track expenses for debris removal operations. 2. The CONTRACTOR's secondary responsibilities are: Emergency street clearance of Eligible Debris from public and/or private rights of way (ROW) under the direction of the CITY: This shall mean the cutting, tossing and/or pushing of debris from the primary transportation routes as identified and directed by the CITY. These services shall be performed for approximately the first 70 hours of the disaster, or with written authorization by the CITY. Collection and removal of Eligible Debris from CITY-owned property, canals, waterways or other areas as directed by the CITY: This shall mean assisting the CITY and/or other Contractar(s} with the collection and hauling of Eligible Debris that has been removed from CITY property, facilities and waterways to the TDSRS and/or Final Disposition Site{s). B. Temporary Debris Storage and Reduction Site(s) Management and Operations 1. The CONTRACTOR'S primary responsibilities are: Management and Operation of the TDSRS: This shall mean assisting CITY in the selection of TDSRS; establishing the TDSRS layout; the baseline soil and groundwater testing, intermittent testing, if needed, and soil and groundwater testing at the closure of the TDSRS; preparation, maintenance, supervision and safety of the TDSRS to accept and process all Eligible Debris in accordance with all local, state and federal rules, standards and regulations; erecting and maintaining roofed inspection tower{s}; maintaining the TDSRS ingress, egress and interior roads for the entire period of TDSRS operations; the closure and restoration of the TDSRS to pre-work conditions; Segregation of all Eligible Debris prior to 'reduction: This shall mean the sorting and separation of Eligible Debris into distinct categories, including but not limited to woody vegetative and yard debris, C & D, white goods, bulky household garbage/waste, recyclables, tires, dead animals and hazardous and/or toxic waste; Processing and reduction of Eligible Debris: This shall mean the reduction of Eligible Debris by such means as chipping, grinding and incineration provided a burn permit has been obtained and approved by the CITY. Page S of 38 d. Loading of Eligible Debris: This shall mean placing stored and/or reduced, Eligible Debris and recyclable materials into CONTRACTOR'S vehicles and initiating a Load Ticket for final disposition. e. Disposal of ash, as defined in Section 1V.F.2., produced by TDSRS operations: This shall mean the loading of the residue from Eligible Debris that has been incinerated at the TDSRS for transportation by the CONTRACTOR's vehicles to aCity-approved landfill lawfully permitted to accept the residue material. f. Provide reports, as may be required, to the CITY and/or other agencies: This shall mean Load Tickets, daily tonnage/volume reports of Eligible Debris accepted at TDSRS, equipment/vehicle lists, daily timesheet tickets, finished production reports, FEMA reports and any other reports needed by the CITY to track expenses for debris storage and reduction services. 2. The CONTRACTOR'S secondary responsibility is: Acceptance, processing, reduction and loading of Eligible Debris received from various contractor or municipality haulers: This shall mean providing all TDSRS services to any other County, Municipality or authorized agent approved by the CITY to use these services and/or facilities. b. Acceptance and disposal of ash residue from haulers other than City -contracted _ haulers is not permitted: This shall mean that ash produced from sources other than the City- approved TDSRS will not be accepted at the TDSRS for final disposal. C. Technical Assistance The CONTRACTOR's primary responsibility is: Assistance and guidance, as defined in Section VII., to CITY personnel in the completion of any and all forms necessary to apply for the reimbursement of expenses from State and federal agencies, including but not limited to FEMA. Training for CITY personnel on disaster recovery processes and procedures. This shall mean providing orientation and training sessions, as defined in Section V1I.A.2., including but not limited to key CITY personnel and Business Unit representatives. Additional Services The CONTRACTOR shall perform the additional services, including but not limited to the services listed below, as defined in Section VII.B.S., upon issuance of a Task Order by the CITY, and the Scope of Work shall be executed by the CONTRACTOR according to the approved terms: Private Property Demolition and Debris Removal Marine Debris Removal Hazardous and/or Toxic Waste Disposal Dead Animal Carcasses Fallen Trees Hazardous Stumps Fill Dirt Sand Screening Freon Removal Page b of 38 The CONTRACTOR shall offer the following additional services to the CITY at no additional cost, as defined in Section VII.B.6.: Training and Assistance Preliminary Ground level Damage Assessment Mobilization and Demobilization Mobile Command Unit Temporary Storage of Documents Debris Planning Efforts Closure and Remediation of TDSRS Reporting and Documentation E. CONTRACTOR'S Guaranteed Response Time 1. A knowledgeable and responsible representative for the CONTRACTOR shall be physically on site and ready to report to the Contract Administrator (CA), as defined in Section I.D., or authorized designee within twenty-four (24} hours after receiving a written NTP from the CITY. 2. The CONTRACTOR'S representative shall have the authority to implement all those actions required to begin the execution of the NTP, including but not limited to the following: The CONTRACTOR, within three (3) days of receipt of the NTP, shall provide in writing to the CITY multiple, estimated Minimum Level of Service Commitments and/or Plan(s) of Action that shall be included as Exhibit A, attached hereto and incorporated herein. The estimated commitments and action plans shall include but are not limited to the fallowing: -Mobilization schedules -Eligible Debris estimates -Number of calendar days allowable for completion of services -Resource, equipment and personnel designations and requirements -Operational plans for debris removal in the designated Work Zones -TDSRS Layout(s) and Operational plans -Method used to record Eligible Debris tonnages/cubic yards -Minimum processing/reduction rates at the TDSRS The multiple commitments shall be commensurate with the required minimum level of service for the varying degrees of severity of the disaster event. The determination as to which minimum level of service commitment is implemented shall be the responsibility of the CITY, and the decision shall be based on the actual severity and impact of the disaster event. . 3. Once level of service commitments and action plans are approved, the CITY shall issue to the CONTRACTOR a written Task Order to designate specific scope(s) of work, work locations and maximum allowable time period for completion of designated work. F. Debris Classifications 1. Eligible Debris: Debris that is produced or generated by declared, natural or manmade disasters, is placed at streetside by residents and/or commercial establishments or cleared from rights-of--way located within the City of Miami Beach and falls under six (6) passible classifications: 1) woody vegetative and yard debris, 2} C & D, 3}white goods, 4) recyclables, 5) hazardous and/or toxic waste, and 6) any other disaster-generated debris, such as bulky household waste/garbage, that Page 7 of 38 FEMA deems is Eligible Debris. These debris classifications are not mutually exclusive in that some debris classifications, far example, woody vegetative and yard debris, may be recyclable also. Woody Vegetative and Yard Debris: Includes but is not limited to damaged and fallen trees, partially broken and severed tree limbs, hazardous tree stumps, palm fronds, bushes and shrubs. Construction and Demolition Debris (C & D): Includes but is not limited to non- hazardous debris resulting from the destruction of a structure such as window glass, brick, concrete, roofing material, pipe, gypsum wallboard and lumber. White Goods: Includes but is not limited to household appliances, such as ranges, washers, water heaters and other domestic or commercial-size appliances. Bulky Household Waste/Garbage: Includes but is not limited to damaged furniture, mattresses, clothing, carpeting and household linens, or any other disaster- generated debris that FEMA deems eligible in the interests of safety, health and/or welfare. Recyclables: Includes but is not limited to materials or products that can be recovered from the Eligible Debris to be used for raw material in producing a new product, such as paper, plastics, glass, aluminum, ferrous metals, wood, uncontaminated soil and tires. These materials shall be transported to a recycling facility, a broker or an end user. Hazardous and/or Toxic Waste: Includes but is not limited to debris, such as petroleum products, paint products, gas containers, electrical transformers and known or suspected hazardous materials, such as asbestos, lead-based paint, or other chemicals or toxic matter. 2. Ash: Ash is the residue produced by incineration of the burnable, Eligible Debris. 3. Ineligible Debris. Debris-not generated by the declared, natural or manmade disaster and thus, outside the scope of this Contract. G. Conduct of Uperations The CONTRACTOR shall provide ail tabor; personnel, tools, equipment, transportation, supervision and all other services and/or facilities (including temporary power generation, communication equipment and base camps/housing for CONTRACTOR's staflE) necessary to accomplish the Statement of Work and Scope(s) of Service as described herein. The CONTRATOR shall provide Disaster Debris Recovery Services in a good, workmanlike manner demonstrating the level of expertise of the profession. The CONTRACTOR shall comply with all federal, state and local safety and health requirements. 4. The CONTRACTOR shall guarantee that the CONTRACTOR and/or subcontractors contracted to perform Disaster Recovery Services are not currently on (or pending investigation) the FEMA List of Parties Excluded from Federal Procurement and Non-procurement Programs. 5. The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, county and CITY governments or agencies, or of any public utilities. Page 8 of 38 The CONTRACTOR's employees or subcontractors shall not exhibit any pattern of repeated discourteous behavior or behavior that is or could be interpreted as sexual harassment, or harassment of any kind to the public, city staff or other contractors. The CON'T'RACTOR shall conduct operations in such a manner as to minimize damage to existing City and private property and improvements and to the public and private infrastructure. The CONTRACTOR shall be responsible for property damage and personal injury to the extent caused by its negligent acts or omissions or willful misconduct, during the course of performance under this Contract. Such damage or injury must be properly substantiated, documented and reported to the CA or an authorized designee. The CONTRACTOR shall not make any attempt to charge any resident, business or institution far work performed under this Contract nor shall the CONTRACTOR or anyone employed or subcontracted by the CONTRACTOR accept any additional monies from any resident, business or institution. far work performed under this Contract. The CONTRACTOR shall not solicit work from private citizens or others to be performed in the designated Work Zone during the period of this Contract. Under no circumstances shall the CONTRACTOR mix Eligible Debris hauled for the CITY under this Contract with Eligible Debris hauled for other Counties or Municipalities. H. Work Hours The CONTRACTOR shall conduct those debris removal and reduction operations generating noise levels above that normally associated with routine traffic flow from dawn until dusk, unless otherwise directed by the CA. Work may be performed seven (7} days per week, including holidays and as approved by CITY. 3. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the CITY and the CONTRACTOR. V. DISASTER DEBRIS REMOVAL, HAULING, DISPOSAL AND RECYCLING A. Scope of Service The CONTRACTOR shall assist the CA, or authorized designee, in determining Work Zones within the City of Miami Beach in order to facilitate crew tasking and to provide coordination with the CITY Work Zone Supervisor, as defined in Section I.BB., property owners and the public relative to the timing of passes. The CONTRACTOR shall provide debris removal services from the Work Zone{s) designated on Exhibit B, to be created within seven calendar days of execution of the contract, attached hereto and incorporated herein, which shows the Work Zone List, including Descriptions and Maps. The CONTRACTOR, with approval from the CA, shall establish and schedule collection routes and shall be responsible for coordinating deliveries with the designated TDSRS staff, disposal facilities staff and recycling facilities staff. The CONTRACTOR shall collect the Eligible Debris from public and/or private ROW within the City of Miami Beach and transport it to the TDSRS approved by the CA. The collection, hauling ar disposal of Ineligible Debris, as defined in Section IV.F.3. is not within the scope of this Contract. Page 9 of 38 If, however, the Ineligible Debris poses a threat to the health, welfare or safety of the community-at-large, the CITY may direct the CONTRACTOR, in writing, to handle, haul or dispose of Ineligible Debris. The CITY shall authorize such services and pay the CONTRACTOR far these services performed. The CONTRACTOR is responsible for hauling the Eligible Debris from the TDSRS to a previously approved landfill that is permitted to accept non-recyclable debris: Recyclable materials shall be hauled to an approved recycling facility, broker or end user for further processing andlar marketing. The CONTRACTOR shall make at least two (2} passes, as defined by Section V.F., through the designated Work Zones, or more, as required by the CA. The CONTRACTOR shall not move from one designated Wark Zone to another Work Zone without prior approval from the CA. Separation or segregation of Eligible Debris at street level shall be performed by the CONTRACTOR as directed by the CA. Debris at the TDSRS shall be grouped into six {b) categories, as noted in Section N.A.b. CONTRACTOR shall separate debris which is mixed in to the six (6} categories as noted in Section N. A.b. The CONTRACTOR shall keep Eligible Debris sorted at street level and shall haul segregated debris so debris categories are not combined. or mixed together while being transported. In the event resident mixes debris at street level, CONTRACTOR shall haul mixed debris to the TDSRS and separate debris at the TDSRS. All work performed by the CONTRACTOR shall be done in conformity with all applicable federal, State and local requirements, regulations, and ordinances governing personnel, equipment and work place safety. The CONTRACTOR shall operate in accordance with all Florida Department of Transportation standards including all pertinent traffic control techniques and procedures, as well as transportation of debris over roadways. The CONTRACTOR shall be responsible for the control of pedestrian and vehicular traffic in the Work Zone. The CONTRACTOR'S traffic control personnel and equipment shall be in addition to the personnel and equipment necessary to perform all other work described in this Scope of Service. The CONTRACTOR shall operate all trucks, trailers and all other equipment in compliance with all applicable federal, State and local rules and regulations. All trucks/equipment shall be numbered and shall be inspected by the CA, or an authorized designee, prior to their use by the CONTRACTOR. All equipment shall be in good working condition. The CITY reserves the right to deny the use of equipment not deemed to be in good working order. The CONTRACTOR shall provide a serialized, four-part Load Ticket, as defined in Section V.I. The Load Ticket shall be initiated at the loading site in the Wark Zone by the CITY'S Work Zone Monitor, as defined in Section I.AA. The final disposition Laad Ticket shall be initiated at the TDSRS by the CITY's TDSRS Tower Inspector, as defined in Section I.U. The equipment staging area{s} for the CONTRACTOR'S use shall be established in cooperation with the CA, and it is the CONTRACTOR'S responsibility at the equipment staging area{s) to monitor fiieling and equipment repairs to prevent and mitigate spills, including but not limited to, petroleum products, hydraulic fluids and synthetic oils or lubricants. No major equipment repairs are to be performed at the staging area. Page 10 of 38 B. C. The CONTRACTOR shall also set up plastic liners, when necessary, under stationary equipment such as generators and mobile lighting equipment. If a spill occurs, it shall be the responsibility of the CONTRACTOR to notify the CA and to clean up the spill immediately at the CONTRACTOR's own cast. The CONTRACTOR shalt provide the CA with daily reports and electronic spreadsheets that disclose the cubic yards/tonnage removed from the assigned Work Zane for the current day, as well as cumulative totals and other reports or information the CITY deems necessary, including reports described in Section IV.A.e., to detail the progress of debris removal, disposal and recycling. The CONTRACTOR's supervisory personnel shall communicate with the CA daily to determine progress of debris removal work, including but not limited to the locations of CONTRACTOR crews, status of clean up efforts in assigned Work Zones and any property damages arising out of or relating to the work performed by the CONTRACTOR. The CONTRACTOR shall comply with all applicable FEMA guidelines when performing disaster debris recovery services. The CITY reserves the right to inspect the Work Zone(s), verify quantities of debris and review operations and equipment at any time. The CITY may initiate additions, deletions ar other modifications to the Scope of Service by written change order. Performance Schedule The CONTRACTOR shall commence mobilization under this Contract only upon receiving a written NTP from the CITY. In conjunction with the NTP, the CITY shall issue a written Task Order which shall designate the Work Zone and the maximum allowable time to complete the scope(s) of service, as mutually agreed by the CITY and the CONTRACTOR. Upon receipt of the Task Order, the CONTRACTOR shall begin debris removal operations within the authorized Work Zones in accordance with the approved action plans. The CONTRACTOR shall submit daily progress reports the CA, indicating the status of current operations, projection reports for Eligible Debris removal within the designated Work Zone and any other reports that may be required by the CA as defined in Section VII.C. Certification of Load Carrying Capacity Prior to commencing debris removal operations, the CONTRACTOR shall present to the CA, or authorized representative, all trucks, trailers and other equipment that will be used for transporting debris for the purposes of determining hauling capacity in cubic yards. The measured volume of each piece of equipment shall be calculated from the actual physical, inside measurement performed by the CITY and monitored by an authorized CONTRACTOR representative. Maximum volumes may be rounded up to the nearest cubic yard, if the incremental measurement is O.S cubic yards or more. If less than 0.5 cubic yards, the maximum volume will be rounded down to the nearest cubic yard. Truck measurements and volume capacity, including any volume adjustments, deductions ar comments, shall be dated and retarded on the Truck and Trailer Volume Measurement form(s), attached hereto and incorporated herein as Exhibit C. Page 11 of 38 The CONTRACTOR and CITY representative shall sign and date the Truck and Trailer Measurement form certifying the actual physical, inside dimension measurement and volume capacity of each piece of equipment presented. The purpose of this measurement shall be for daily production reporting purposes, when actual weight measurements are not possible. The CONTRACTOR shall submit to the CITY within thirty {30} calendar days of execution of this Contract, a Vehicle and Equipment List, which will be attached hereto and incorporated herein as Exhibit D, that indicates the name of the CONTRACTOR, the name of the subcontractor, if any, type of vehicle and/or equipment, make and model. The name of the CONTRACTOR, the hauling capacity, in cubic yards, as well as the assigned identification number, shall be recorded and marked on each vehicle and/or trailer with permanent markings. In addition, each CONTRACTOR truck shall prominently display a sign stating that it is a "City of Miami Beach Storm Debris Removal" vehicle. D. Equipment All loading equipment shall be operated from the ROW using buckets, boom and grapple devices and/or hydraulic ar mechanical lift systems to collect and load debris. The CONTRACTOR, without exception, shall not be permitted to hand load trucks/trailers unless prior, written authorization is given by the CITY. Na equipment shall be allowed behind the curb or outside of the defined roadway/shoulder unless directed by the CITY. The CONTRACTOR is responsible for determining and complying with applicable requirements for securing loads while in transit. At a minimum, the CONTRACTOR shall assure that all loads are transported without threat of harm to the general public, private property and/or public infrastructure. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment, be measured and marked for its load capacity, and be equipped with a tarp or load cover and a solid tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity (which means the tailgate must be the same height as the sideboards on the truck). Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and bath sides, and are constructed in a manner to withstand severe operating conditions. The CA or authorized representative must approve all requests far extensions to the bed, and any such extensions shall not be removed without prior CITY approval. Any adjustments made to the truck configuration, after the truck has been measured and the cubic yard capacity has been recorded, must be reported to the CA immediately. With CITY approval, the truck shall be re-measured, another Truck and Trailer Volume Measurement form must be dated and completed, the truck signage must be changed and field personnel must be notified of the change to the cubic yard capacity. Equipment used under this Contract shall be rubber-tired and sized properly to fit loading conditions. Excessive sized equipment (b0 cu.yds. ar larger} and non-rubber-tired equipment must be approved by the CA. Truckslequipment shall be inspected and approved by CA or authorized representative prior to its use by the CONTRACTOR. Page 12 of 38 Trucks or equipment that is designated for use under this Contract shall not be used for any other work during the working hours of this Contract, In anticipation of certain "hot spots," as defined in Section I.I. and the need to quickly respond to certain calls ar areas, the CONTRACTOR shall make two "Helping Truck" crews available each day. These trucks can be quickly dispatched to accommodate residents in immediate need. In addition, these trucks will provide a visible form of "advertising" in neighborhoods showing residents that the debris removal process is progressing and their needs are being met. E. Ownership and Disposal of Debris Upon collection from public andlor private ROW all debris, including the ash residue from the TDSRS, shall became the property of the CONTRACTOR. The CONTRACTOR shall be responsible for either the lawful disposal or recycling of all debris collected and/or transported, including hazardous and toxic waste. The CONTRACTOR shall use only City-approved disposal sites ar recycling facilities unless prior written consent is obtained from the CITY. Any revenue earned for recyclable materials recovered from the Eligible Debris shall be credited to the CITY to be applied against invoices received from the CONTRACTOR. F. Scheduled Passes The number and schedule of passes, as defned in Section I.O., shall be coordinated by the CA with sufficient time between each subsequent pass to accommodate reasonable preparation time needed by residents and/or City agencies. The CONTRACTOR, as directed by the CA, shall make multiple, scheduled passes of each Work Zone impacted by the disaster, commensurate with the magnitude of the natural or manmade disaster. The CONTRACTOR shall assign work crews and equipment so that the debris removal process will progress in a systematic and predictable manner. At all times, the CONTRACTOR shall know the names and current location of all subcontractors and the location of all equipment under their direct supervision. Residents may be advised of the number and schedule of passes through Public Service Announcements (PSA) initiated by the CITY, and the PSA shall advise residents to separate and place all Eligible Debris at the curbside of the ROW. G. Traffic Control The CONTRACTOR shall mitigate impact on local traffic whenever possible. The CONTRACTOR shall be responsible far establishing and maintaining appropriate traffic control in accordance with the latest Manual of Uniform Traffic Control Devices. The CONTRACTOR shall provide all flag persons, proper signs, equipment, safety vests and other necessary devices and shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic in all Work Zones. At a minimum, one flag person shall be posted at each end of each active loading site within the designated Wark Zone. H. Use of Temporary Debris Storage And Disposal Site(s) The CONTRACTOR shall use only TDSRS sites pre-designated by CITY and CONTRACTOR unless otherwise approved by the CA. The TDSRS Supervisor, as defned in Section I.V., shall direct all dumping and loading operations effectively and efficiently so that the debris removal and disposal process will progress in a systematic and predictable manner. Page 13 of 38 The CONTRACTOR shall be responsible far hauling all Eligible Debris, including but not limited to recyclables, reduced debris, ash residue from the TDSRS incinerators and any other disaster-generated debris located at the drop-off sites that may be established for the residents by the CITY. The TDSRS operators shall be responsible for loading all vehicles at the TDSRS for final disposition of debris, and the CONTRACTOR shall provide vehicles as needed under the direction of the TDSRS Supervisor to ensure there is no signif cant accumulation of debris at the TDSRS. The CITY makes no representations regarding the tuxn-around time at the TDSRS; however, the CONTRACTOR shall inform the CA if any problem arises regarding inability of trucksJvehicles to load andlor unload in a timely manner. I. Load Tickets Serialized, minimum four-part Load Tickets, shown as Exhibit E, attached hereto and incorporated herein, shall be used for recording cubic yards/tons of Eligible Debris removed from Wark Zones and for recording cubic yardsltons of debris removed from the TDSRS far final disposition at an approved landf:ll or recycling facility. All tickets numbers shall be unique to the City of Miami Beach. Numbers shall be recorded on a Laad Ticket Log, attached hereto and incorporated herein as Exhibit F, by the CA or authorized designee. The load ticket log will be held at the TDSRS tower and will be managed by the monitoring firm. No Laad Tickets shall be unaccounted for. If a Load Ticket is voided for any reason, at least one copy of the ticket must be retained by both the CONTRACTOR and the CITY for accounting purposes. Each Laad Ticket shall contain the following information: -Preprinted ticket number -Assigned vehicle/equipment number -Vehicle/equipment driver's name -Contract number ar agency name "City of Miami Beach" -CONTRACTOR name -Date -Loading time -Dumping time -Maximum capacity in cubic yards -Load size, either in tons or cubic yards -Debris classification -Assigned Work Zone -Dumpsite location (TDSRS/final disposition site} -Work zone monitor's signature The Load Tickets far debris hauling shall be completed upon arrival at the TDSRS and a new ticket initiated upon the departure of debris hauling trucks at the inspection tower(s) located at the entry/exit point for each TDSRS, to be completed at the final disposition site. Initial Load Ticket. The original Load Ticket shall be initiated by the Work Zone Monitor and used to record CONTRACTOR's load information of Eligible Debris hauled to the TDSRS for storage and reduction. The Work Zane Monitor, or an authorized CITY representative, shall prepare the initial Load Ticket at the designated Work Zone{s), providing all pertinent Page 14 of 38 information, including departure time, and sign the Load Ticket indicating that all info contained on the farm is correct. The Work Zone Monitor shall give all copies of the initial Load Ticket to the CONTRACTOR's hauler/driver prior to departure from the Work Zane. Upon arrival at the TDSRS: The CONTRACTOR'S hauler/driver shall give all copies of the initial Load Ticket to the CITY TDSRS Tower Inspector, as defined in Section 1.U. The TDSRS Tower Inspector, ar an authorized CITY representative, shall visually inspect each load hauled to the TDSRS to verify that the contents are in accordance with the definition of Eligible Debris. The TDSRS Tower Inspector shall note on the Load Ticket the arrival time of the CONTRACTOR's truck/trailer. The TDSRS Tower Inspector shall visually verify the load volume {in cubic yards} or weight (in tons, when a scale is available) recorded on the Load Ticket and any other information, including but not limited to the truck number, truck capacity and Work Zane location, as directed by the CITY. The TDSRS Tower Inspector shall sign and date the Load Ticket to indicate acceptance of the load and the information recorded on it. The TDSRS Tower Inspector shall retain one copy of the Load Ticket for the CITY'S records, give one copy to the hauler/driver and give the remaining copies to the CONTRACTOR's representative for the CONTRACTOR'S records. 6. Final Disposition Load Ticket. The TDSRS Tower Inspector shall issue a new Load Ticket for the final disposition of Eligible Debris ar recyclables for loads that originate at the TDSRS. The TDSRS Tower Inspector, or authorized representative, shall initiate a Load Ticket for final disposition of disaster debris, residue or recyclables at the TDSRS. The TDSRS Tower Inspector shall sign the Load Ticket indicating that all information provided is accurate. The TDSRS Tower Inspector shall retain one copy of the Load Ticket for the CITY's records. One copy shall be provided to the CONTRACTOR'S representative and two copies shall be given to the hauler prior to departure from the TDSRS. 7. Upon arrival at the Final Disposition Site or recycling facility, the CONTRACTOR shall obtain a copy of load ticket from disposal facility. The CONTRACTOR shall submit one copy of the Load Ticket and corresponding Disposal/Recycling Site scale ticket to the CITY upon request, and no later than five (5) business days, and retain one copy for the CONTRACTOR's files. In addition to the above, when recyclable, Eligible Debris is taken to a recycling facility, broker or end-user, the CONTRACTOR shall include the name and address of the recycling facility, broker or end-user, the amount and type of recyclable materials delivered and~the final use or product produced from the recyclable material, if known, in the daily report to the CITY. $. The CONTRACTOR shall summarize the information from the Load Tickets of the previous day and submit an electronic Load Ticket Spreadsheet, attached hereto and incorporated herein as Exhibit G, to the CITY on daily basis. .~. Measurement 1. Eligible Debris collected and hauled by the CONTRACTOR shall be measured by Page 15 of 38 the cubic yard as predetermined through truck bed measurement, or by the ton as weighed (ifa scale is available} when entering the TDSRS or final disposition site(s). 2. The CITY TDSRS Tower Inspector, or an authorized representative, shall inspect each load hauled by the CONTRACTOR to verify the load size (whether cubic yards or tons) recorded an the Load Ticket. 3. If the TDSRS Tower Inspector determines by visual inspection that the load volume (measured in cubic yards), is different than that recorded on the Load Ticket, the load volume shall be adjusted at the TDSRS by the TDSRS Tower Inspector and shall be recorded on the Load Ticket as the official documentation for the load size. Load Tickets validated by the TDSRS Tower Inspector shall document the measurement. The TDSRS tower inspector shall record load tickets. If the CITY TDSRS Tower Inspector and the CONTRACTOR representative disagree on the cubic yard volume of the truck load of Eligible Debris, the TDSRS Tower Inspector shall take photos of the load, document that the Load Ticket is incomplete and notify the CA that a final determination of the load size in cubic yards is needed. The CA shall review the photos taken and make the final determination of the load size in cubic yards. VI. TEMPORARY DEBRIS STORAGE AND REDUCTION SITES} MANAGEMENT AND OPERATIONS A. Scope of Service The CONTRACTOR shall assist the CA, or authorized designee, in determining the selection of TDSRS within the City of Miami Beach and shall provide TDSRS management and operational services at the approved TDSRS. The TDSRS List, Descriptions and Maps will be completed within thirty (30) days of execution of this contract, designated as Exhibit H, attached hereto and incorporated herein. Upon approval of TDSRS selections by the CA, the CONTRACTOR shall submit a Site Layout Plan and Operations Plan to the CA for review. At a minimum, the Site Layout Plan and Operations Plan shall address the following: A list of TDSRS, including the site location, physical description of site, acreage available for use and a site map Site management, including but not limited to point-of-contact and organizational chart Accessibility to site Traffic control procedures and on-site traffic patterns to avoid delays in moving debris Measures taken to prevent any significant accumulation of debris at TDSRS. (Debris shall be constantly flowing to incinerators, grinders, and/or chippers, and the residue and materials that are not recyclable shall be hauled to the landfill and recyclables shall be hauled to recycling facilities, brokers or end-users.} Site safety hazardous and toxic waste materials plan Environmental mitigation plan, including considerations for smoke, dust, noise, traffic routes, buffer zones, storm water runoff, archeology, historic preservation, wetlands, endangered species, as appropriate Remediation and restoration Page 16 of 38 The CITY may request that additional TDSRS be opened, if the need arises, and the CONTRACTOR shall have three (3) days following notification of new TDSRS to prepare a Site Operations Plan. The CONTRACTOR shall provide all management, supervision, labor, machines, vehicles, tools and equipment necessary to accept, process, reduce and incinerate Eligible Debris and to load CONTRACTOR vehicles hauling debris to the Final Disposition Site or recyclables to the Recycling Facility. The CONTRACTOR shall provide all other services and/or facilities of any nature necessary {including temporary power generation and base camps/hausing for CONTRACTOR'S staff) to accomplish the Statement of Work and Scope of Service as described herein. The CONTRACTOR shall manage and supervise the TDSRS to accept Eligible Debris collected under this Contract and other contracts ar agreements approved by the CITY. The CONTRACTOR shall be responsible for traffic control, dust control, erosion control, fire protection, on-site roadway maintenance, security and safety measures. The CONTRACTOR shall set up plastic liners under stationary equipment such as generators and mobile lighting plants unless otherwise directed by the CA. The CONTRACTOR shall direct traffic entering and leaving the TDSRS and shall supervise all dumping and loading operations at the TDSRS. The CONTRACTOR shall be responsible for the sorting, separating and stockpiling of Eligible Debris at the TDSRS and shall ensure that the Eligible Debris remains segregated at the TDSRS. TDSRS Supervisor shall ensure that all Eligible Debris is deposited in areas designated far that type of debris and, if needed, shall determine the appropriate dumpsite for any mixed loads of debris. The CONTRACTOR shall be responsible for erecting an inspection tower at each TDSRS for the purpose of allowing CITY personnel to visually inspect and properly document loads arriving at the TDSRS. The tower shall accommodate four (4) employees, be constructed of materials acceptable to CITY, have a roof to facilitate the observation and quantification of debris hauled to the TDSRS (even in inclement weather conditions} and be constructed so that the safety of employees is considered. After obtaining prior approval from the CITY, the CONTRACTOR shall utilize tub grinders, chippers, shredders, air curtain incinerators and any other equipment necessary to reduce the volume of Eligible Debris. Before white goads received at the TDSRS that contain Freon are hauled to the Final Disposition Site, the CONTRACTOR shall remove and dispose/recycle all the Freon in accordance with applicable regulatory requirements. The CONTRACTOR shall be responsible for and shall provide all manpower and equipment necessary to load CONTRACTOR's vehicles at the TDSRS for final disposition of reduced debris and/or recyclable materials. The CONTRACTOR shall establish lined temporary storage areas or provided roll-off containers for ash, any hazardous and toxic waste, fuels and other materials that may contaminate sails, runoff or groundwater at the TDSRS. The CONTRACTOR shall be responsible for the removal of hazardous and toxic waste from the TDSRS, including loading of hazardous and toxic waste at the site and properly disposing of the hazardous and toxic waste. Page 17 of 38 Upon completion of the debris reduction process, the CONTRACTOR shall clear the TDSRS of all debris, including hazardous and toxic waste, and restore the site to its previous condition and use to the satisfaction of the CA. Restoration will take place within thic~ty {30) days after the conclusion of the CONTRACTOR's activities. The CONTRACTOR shall comply with local, state and federal safety and health requirements. B. Performance Schedule The CONTRACTOR shall commence work under this Contract only upon receiving a written NTP from the CITY and shall continue until the CITY determines the work is complete. In conjunction with the NTP, the CITY shall issue a written Task Order which shall designate the TDSRS and the maximum allowable time to complete the scope of service, as mutually agreed by the CITY and the CONTRACTOR upon the assessment of the amount of debris produced. The CONTRACTOR is required to process and reduce Eligible Debris at a specified hourly rate. The required minimum reduction/disposal rate shall be achieved no later than the third calendar day after receipt of a written Task Order. This minimum production rate shall be increased in the event the CITY exercises the option for additional reduction capacity, either by supplying additional equipment or opening another TDSRS. This rate shall be determined, in part, by the severity of the disaster and the amount of debris produced and shall be equitably negotiated by the CITY and the CONTRACTOR. All site remediation work, including site restoration prior to close-out, shall be completed within thirty {30) calendar days after receiving written notice from the CA that the last load of debris has been delivered, unless the CITY initiates additions or deletions to the Contract by written change order{s). Subsequent changes in completion time shall be equitably negotiated by bath parties pursuant to applicable state and federal law. C. TDSRS Considerations The CONTRACTOR shall perform all testing of soil and groundwater at the site(s) pre- selected for use as TDSRS at the time when site preparation begins. The test results shall serve as a baseline for soil and groundwater conditions at the TDSRS. Certified copies of the test results shall be provided to the CA before site operations begin. The CONTRACTOR shall also conduct groundwater sampling as operations necessitate. The CONTRACTOR shall perform soil and groundwater testing during the closure of the TDSRS which shall serve as a comparison to the baseline testing to determine whether soil or groundwater contamination has occurred. The CONTRACTOR shall be responsible far preparing the TDSRS to accept the debris, including but not limited to: Clearing, erosion control, grading, construction and maintenance of haul roads and entrances Providing utility clearances and sanitation facilities, if needed Protecting existing structures at the sites Repairing any damage caused by TDSRS operations at no additional cost to the CITY The CONTRACTOR shall be responsible for installing site security measures and maintaining security far site operations at the TDSRS. Page l8 of 38 The CONTRACTOR shall manage the site to minimize the risk of fire, including but not limited to locating fire extinguishers throughout each TDSRS as required by OSHA regulations and employing personnel trained in incipient fire suppression operations and safety procedures, such as operation of fire extinguishers and water trucks. The CONTRACTOR shall be responsible for the storage, removal and containment of ash from all burning operations. At the end of each burning cycle, the ash residue from the air curtain incinerator shall be removed from the burning area and placed in apre-identified ash disposal area. The containment area shall be "wetted down" periodically to prevent particles from becoming airborne. The CONTRACTOR shall erect an inspection tower with a roof to facilitate observation and quantification of debris hauled to TDSRS. Tower construction method and material shall be approved by CITY prior to construction. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the TDSRS. The CONTRACTOR shall provide all flag persons, proper signs, equipment and other devices necessary to meet federal, state and local requirements. The traffic control personnel and equipment shall be in addition to the personnel and equipment required in other parts of this Contract. At a minimum, one flag person shall be posted at each entrance to direct traffic to the site unless otherwise approved by CITY. D. TDSRS Closure Requirements The CONTRACTOR shall be responsible for the closure of the TDSRS within thirty {30) calendar days of receiving the last load ofdisaster-generated debris. The site closure shall include removal of equipment, debris, and all remnants from the processing operation (such as temporary toilets, observation towers, security fence, etc.), final groundwater and sail testing, grading the site and restoring the site to pre- work conditions. The site shall be restored in accordance with all federal, state and local requirements. The CONTRACTOR shall receive approval from the CA as to the final acceptance of a site closure. E. Equipment The CONTRACTOR shall provide all equipment necessary to prepare the site, accept Eligible Debris, stockpile the debris, feed the chippers, grinders and air curtain incinerator(s), remove ash from the incinerator(s), load all ash residue for disposal load all TDSRS debris and any other necessary equipment for final disposition. Prior to the commencement of Eligible Debris storage and reduction operations at the TDSRS, the CONTRACTOR shall submit to the CITY a Vehicle and Equipment List, attached hereto and incorporated herein as Exhibit D, that indicates the name of the CONTRACTOR, the name of the subcontractor, if any, type of vehicle and/or equipment to be used for debris handling, sorting, processing, incinerating and loading, including manufacturer's name, model and horsepower {including all air curtain incinerators), license plate number and any other information required by the CA for the purpose of monitoring and inspecting performance. All equipment must be in compliance with applicable federal, state and local rules and regulations. All equipment and operator qualifications shall meet the requirements of federal, state and local safety and health requirements. Page 19 of38 Equipment which is designated for use under this Contract shall not be used for any other work during the working hours of this Contract. Reduction of Eligible Debris may be accomplished by chipping, grinding, sorting, and compaction provided the processing rate defined in Sectian VI.B.2. can be maintained. {Sectian VI.F. species requirements for chipping and grinding procedures.) If approved by the CITY, the reduction of burnable Eligible Debris shall be accomplished by portable air curtain incinerators, pursuant to Section VI.F-incinerators herein. F. Chipping and Grinding The CONTRACTOR shall use chipping/grinding as a method of woody debris reduction. Because the volume reduction achieved by chipping/grindingmoy not be as great as the volume reduction achieved by incineration, incineration is the preferred method for debris reduction. The average chip size produced shall be dependent on the needs of the end user. Contaminants are all materials other than wood products. Contaminants must be held to 10% or less for the chips or mulch to be acceptable. Plastics shall be eliminated campleteiy. Ta help eliminate contaminants, root rake loaders should be used to feed or crowd material to the chipperlgrinder. Bucket loaders are not to be used. The use of manual laborers shall be utilized to pull out contaminants prior to feeding the chipper/grinders. Chips/mulch should be stored in piles no higher than 15 feet and shall meet all federal, state and local laws: G. Portable Air Curtain Incinerators There shall be a minimum distance of 100 feet between the pvrtable incinerator and the nearest debris piles and a minimum distance of 1,000 feet between the portable incinerator and the nearest building. The CONTRACTOR must assure that the public and workers are kept a safe distance from the incinerator. The burn shall be extinguished at least two (2) hours before removal of the ash. Na hazardous or contained-ignitable material is to be dumped into the incinerator. The CONTRACTOR shall ensure that the public and employees are protected from the burn operation by the use of signs, fences and other protective measures. Emissions shall meet state and federal standards for burning operations. The CONTRACTOR shall be responsible for dust control while handling ash materials. Water trucks shall be provided by the CONTRACTOR and stationed at each TDSRS and shall be used to reduce the threat of fire from all types of debris, to dampen areas, including temporary roadways, to suppress dust from vehicleslequipment entering and leaving the TDSRS and to aid in suppressing fires. H. Hazardous AndJOr Toxic Waste Issues The CONTRACTOR shalt be required to construct a containment area or provide aroll- offcontainer at the TDSRS for hazardous and toxic waste that has been received at the TDSRS. The containment area shall consist of an earthen berm with anon- permeable soil liner. The hazardous and toxic waste containment area must be covered at all times with anon-permeable cover. The CONTRACTOR shall immediately report the presence of any hazardous and toxic waste at the TDSRS to the CA, or authorized designee. Hazardous and toxic waste shall be segregated from the remaining debris using a method that will allow the remaining non-hazardous and toxic waste debris to be processed. All hazardous and Page 20 of 38 toxic waste debris shall be moved and placed in the designated hazardous and toxic waste containment area. The CONTRACTOR shall abate all hazardous and toxic waste in accordance with all applicable federal, state and local laws, standards and regulations to include but not Iimited to 29 CFR 1410.120, 40 CFR 311 and 49 CFR 100-199. Hazardous and toxic waste abatement shall be accomplished in accordance with the CONTRACTOR's hazardous• and toxic waste Debris Management Plan and • Environmental Protection Plan, which shall become part of this Contract. The plan includes but is not limited to: Establishing and implementing proper handling procedures for hazardous and toxic waste, including household hazardous waste, which after a disaster may became concentrated and na tonger be considered de minimus. Segregation and removal of hazardous and toxic waste from the debris stream prior to the recovery of other debris and sorting and additional recovery of hazardous and toxic waste within each TDSRS. All recovered hazardous and taxis waste shall be removed to a proper disposal site or temporarily stored in the hazardous and toxic waste disposal areas constructed within each TDSRS. Hazardous and toxic waste shall be collected and removed from the TDSRS by the CONTRACTOR's Hazardous and/or Toxic Waste Recovery and Disposal personnel. i. CONTRACTOR Hazardous and/or toxic Waste Spills The CONTRACTOR shall be responsible far reporting hazardous and toxic waste spills to the CA and cleaning up all hazardous and toxic waste spills caused by the CONTRACTOR's operations at no additional cost to the CITY. Immediate containment actions shall be taken as necessary to minimize the effect of any spill or leak. Cleanup shall be in accordance with applicable federal, state and local laws and regulations. Spills, at the TDSRS or off site, that meet the federal reporting requirements must be reported on the Standard Spill Report to the National Re"spouse Center (as defined in Section I.M.} and to the CA immediately following discovery. A written follow-up report shall be submitted to the CA not later than seven (7) days after the initial oral report. The written spill report shall be in narrative form and at a minimum shall include the following: Description of material spilled (including identity, quantity, manifest number) Determination as to whether or not the amount spilled is EPA/State reportable Exact time and location of spill, including description of the area involved When and to whom it was reported Affected stream or waters Cause of incident Equipment and personnel involved Injuries or property damage Duration of discharge Containment procedures initiated Summary of all communications the CONTRACTOR has had with press, agencies, or Government officials other than CA Description of cleanup procedures employed or to be employed ai the site, including disposal location of spill residue Page 21 of 38 J. Load Ticket See Section V.I. herein. K. Measurement See Section V.J. herein. VII. ADDITIONAL ASSISTANCE A. Technical Disaster Recovery Assistance 1. FEMA Training Sessions Contractor will provide annual training and technical assistance as necessary.) The CONTRACTOR shall conduct an annual training session far CITY personnel in debris operations, data management and technical assistance. The first session will be provided within ninety {40} calendar days of execution of this Contract and annually thereafter. 2. Preliminary Damage Assessment (PDA) Upon request from the CITY before a formal NTP is issued by the CITY to the CONTRACTOR, the CONTRACTOR shall provide a qualif ed, authorized representative to accompany the federal, state and/or local preliminary damage assessment team responsible far determining the impact and magnitude of the disaster event before federal assistance is requested. B. Additional ServiceslCompensation If, upon written agreement by the CITY and the CONTRACTOR, the CONTRACTOR shall perform additional services beyond the Scope{s} of Service in this Contract, and if such additional services are not required as a result of error, omission or negligence of the CONTRACTOR, then, in such an event, the CONTRACTOR shall be entitled to additional compensation. The additional compensation shall be computed, using the attached Pricing Schedule{s), by the CONTRACTOR on a revised Minimum Level of Service Commitment(s) and/or Plan{s} of Action proposal(s) and submitted to the CA, or an authorized representative, far review and approval by the CITY. The cost and timeframe for the completion of services shall be agreed upon before commencement of any additional services by the CONTRACTOR. The Minimum Level of Service Commitment(s) and/or Plan{s} of Action shall be incorporated into this Contract by a written Amendment. Upon acceptance of the Minimum Level of Service Commitment{s) and/or Plan(s) of Action, the CITY shall issue a Task Order to the CONTRACTOR, and the Scope of Work shall be performed by the CONTRACTOR according to the approved terms. Any additional service or work performed before a written Amendment to this Contract shall not be compensated by the CITY. Additional Services that may 6e requested by the CITY include but are not limited to the following: Private Property Demolition and Debris Removal-The CONTRACTOR shall operate beyond the public ROW only as identified and directed by the CITY, Operations beyond the ROW on private property shall be only as necessary to Page 22 of 38 abate imminent and significant threats to the public health and safety of the community and shall include but is not limited to the demolition of structures and the removal and relocation of the debris to the public ROW. Marine Debris Removal-The CONTRACTOR shall clear canals and waterways of marine debris only as identified and directed by the CITY. hazardous and taxis waste Disposal----The CONTRACTOR shall collect, transport and dispose of hazardous and toxic waste in accordance with all applicahle federal, state and local laws, standards and regulations as directed by the CITY. The coordination far hazardous and toxic waste removal and disposal at a lawfully permitted disposal facility shall he the responsibility of the CONTRACTOR. Dead Animal Carcasses-As identified and directed by the CITY, the CONTRACTOR shall collect and haul dead animal carcasses, including but not limited to dead livestock, poultry and large animals that pose an imminent and significant threat to public health and safety, to the TDSRS and/or Final Disposition Site at an approved landfill. Fallen Trees-Any Eligible Debris, such as fallen trees, which extends onto the ROW from private property, shalt be cut by the CONTRACTOR at the paint where it enters the ROW, and that part of the debris which lies within the ROW shall be removed by the CONTRACTOR. Hazardous Stumps-Any Eligible Debris, such as hazardous stumps, that poses a threat to life, public health and/or safety shall be identified by the CONTRACTOR and reported to the Work Zone Monitor. Each stump shall be measured by the CONTRACTOR and the CITY Work Zane Monitor, or an authorized representative, three {3} feet above normal ground level to determine the diameter of the trunk. Once the diameter is established, the stump shall be physically numbered by the best means available, photo documented and recorded by the CONTRACTOR on a Hazardous Stump Log, and submitted to the CA, or an authorized representative, on a daily basis. The Work Zone Monitor shall initiate a Load ticket for the hazardous stumps at the Work Zone in which they are collected. The CONTRACTOR shall remove and haul alt hazardous stumps to the TDSRS and backfili each stump hole with compatible, clean fill material. Fill Dirt As identified and directed by the CITY, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose an imminent and significant threat to public health and safety, Sand Screening-The CONTRACTOR shall screen all sand to remove Eligible Debris deposited as a result of a natural or manmade disaster. Sand screening shall include the collection of debris-laden sand, hauling to the processing screen, processing the sand through the screen and returning clean sand to the beach. Eligible Debris removed from the sand shall be collected, hauled and processed at the TDSRS. White Goods-The CONTRACTOR shall recycle all eligible white goods as defined in Section IV.l.c. in accordance with all federal, state and local rules, regulations and laws. There is no additional payment for the handling of white goods. The cost is included in the cubic yard price for debris removal. Page 23 of 38 Freon Recovery. Any white goods that may contain Freon, such as refrigerators, freezers or air conditioners, shall have the Freon removed by the CONTRACTOR at the TDSRS or final disposition site in accordance with alt federal, state and local rules, regulations and laws. The CONTRACTOR shall offer the following additional services to the CITY at no cost: Assistance and Training-as defined in Section VILA. Preliminary Ground level Damage Assessment-Upon request from the CITY before a written Task Order is issued, the CONTRACTOR shall provide a qualified, authorized representative to accompany the federal, state andlor local Preliminary Damage Assessment team responsible for determining the ground level impact and magnitude of the disaster event before federal assistance is requested. In addition, the CONTRACTOR shall assist CITY personnel in identifying damaged locations and facilities, distinguishing between previous damage and disaster-generated damage, and documenting eligible casts, describing the physical and financial impact of the disaster. Mobilization and Demobilization-Ali arrangements necessary to mobilize and demobilize the CONTRACTOR's labor force and equipment needed to perform the Scope of Service contained herein shall be made by the CONTRACTOR. Mobile Command Unit Use of the mobile command unit far CITY debris recovery management personnel to serve as a field operations command center. Temporary Storage of Documents-Storage of daily or disaster-related documents and reports for protection during the disaster event. Debris Planning Efforts--The CONTRACTOR shall assist in all disaster debris recovery planning efforts as requested by the CITY. These planning efforts shall include but nvt be limited to development of a debris management plan, identification of adequate temporary debris storage and reduction sites, estimation of debris quantities, and emergency action plans far debris clearance immediately following event. Closure and Remediation of the TDSRS-The CONTRACTOR shall remove all CONTRACTOR equipment and temporary structures and shall dispose of all residual debris from the TDSRS at an approved, final disposition site. Ash piles shall be tested using the Toxicity Characteristic Leaching Procedure, and ash shall be disposed of in a Class I landfill if contamination is not found. If unacceptable levels of contamination are detected, the ash shalt be disposed of in a hazardous material landfill. Once stockpiled debris is removed from the site, the CONTRACTOR shall test soil and groundwater, and the test results shall be compared to baseline test results to determine if contaminants are present. The CONTRACTOR is responsible for the reclamation and remediation of the TDSRS site to its original state. Reporting-The CONTRACTOR shall provide and submit to the CITY all reports and documents as may be necessary to adequately document the Debris Recovery Services. C. Reporting Commencing with the issuance of a Task Order, the CONTRACTOR shall submit a daily report to the CA that fully and completely describes the CONTRACTOR'S operations conducted that day. The daily report shall contain, at a minimum, the following information: CONTRACTOR's Name Page 24 of 38 Contract Number Date of work performed Subcontractor's Names} Work Zone Crew (total number of personnel and vehiclelequipment in operation that day} Employee daily time tickets, for hourly rates if needed Location of Work Zone Location of TDSRS Daily and cumulative totals of debris processed, to include method(s) of processing, by debris category Daily estimate of hazardous and toxic waste segregated, and cumulative amount of hazardous and toxic waste placed in the designated holding area Copies of Damage Reports and Resolutions Any inspections conducted by federal, state or local government agencies Any damages to private property caused by CONTRACTOR operations Any problems encountered or anticipated The CONTRACTOR shall submit daily projection reports, which shall outline an action plan indicating estimates of Eligible Debris collection/transportation and debris reduction. At completion of work performed under this Contract, the CONTRACTOR shall prepare and submit a detailed description of all Eligible Debris collection and transportation activities conducted, including but not limited to, total volume/tonnage of debris collected and hauled; a detailed description of all debris reduction activities conducted, including but not limited to, total volumeitonnage of debris received and loaded for final disposition, by category; the total cost of the project; any lessons that may have been learned for improving operations in the future; and any other additional information or recommendations asmay be necessary to adequately document the conduct of debris management operations. VIII. INVOICING The CONTRACTOR shall invoice the CITY on a monthly basis commencing with the first day of the month following the first full month of service(s) for work satisfactorily completed. The invoice submitted by the CONTRACTOR to the CITY shall be an original invoice and not a faxed copy or carbon copy. The invoice shall be sent to: City of Miami Beach Attention: Gus Lopez, Procurement Director City of Miami Beach, City Hall Procurement Division 1700 Convention Center Drive 4~h Floor Miami Beach, FL 33139 The CONTRACTOR (on the first of each month) shall be entitled to invoice for 90% of the line items after work is completed on a monthly basis. The invoice shall be completed and signed by the CONTRACTOR. Page 25 of 38 The invoice shall describe the work performed during the invoice period and be supported by such data as the CITY may reasonably require to include but not limited to the following: Each invoice shall contain verification of each cubic yardageltannage collected and hauled by the CONTRACTOR by attaching a copy of each Load Ticket. {CONTRACTOR will provide an excel spreadsheet of all data on load ticket. In addition, CONTRACTOR will provide access to their based data management system which contains copies of every load ticket and truck certification.) Each invoice shall also contain a summary sheet indicating, daily totals of verified load receipts and invoice amounts. The CITY may temporarily remove any disputed amount, byline item, from the invoice far review. The CONTRACTOR shall be notified of the disputed charge within ten {10}business days of the date on which a proper invoice is received by the CITY. The CONTRACTOR shall provide clarification and a satisfactory explanation of charges to the CITY prior to payment of those charges. 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. The CONTRACTOR will be subject to audit by federal, State, and local agencies upon request by said parties. Payment to the CONTRACTOR for services outlined in this Contract shall not be contingent on funding from one source. IX. PAYMENT The CONTRACTOR shall be compensated for the removal, hauling, disposal and processing (separation, chipping grinding and incineration} of only Eligible Debris. 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 by writing ticket then CONTRACTOR will be paid for such service. C. The CITY may direct the CONTRACTOR to handle Ineligible Debris if that debris poses a threat to the health, welfare or safety of the community-at-large. 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 far these services performed. D. Payment for work completed by the CONTRACTOR shall be invoiced an a monthly basis, commencing with the first day of the month fallowing the first full month of service. Invoices shall be based an verified and approved cubic yard/tonnage quantities from the daily operational reports and valid Load Tickets signed by the CITY's authorized representative. E. Payment for verified and authorized work completed shalt be made to the CONTRACTOR within forty-five (45) calendar days after the date on which a proper invoice is received by the CITY. F. Pursuant to the Pricing Schedule and Hourly Pricing Schedule, Exhibit J and Exhibit K respectively, attached hereto and incorporated herein, the CONTRACTOR shall invoice the CITY for the following: The removal, hauling and disposal of Eligible Debris (as defined in Section V.): Page 26 of 38 each validated load picked up at the designated Work Zone, hauled to and dumped at a TDSRS; and . each validated load hauled from the TDSRS for final disposition at aCity-approved landfill ar recycling facility. TDSRS Management and Operations {as defined in Section VI.) including: selection, preparation and layout of site; management, maintenance and operation of the TDSRS; the sorting, segregation, processing and reduction (chipping, grinding or incinerating}; groundwater and soil testing; furnishing materials, supplies, labor, tools and equipment necessary to perform services; providing traffic control, dust control, erosion control, inspection tower(s), lighting, ash and hazardous and toxic waste containment areas, fire protection, permits, environmental monitoring, and safety measures; loading reduced/stored and initiating Load Tickets for final disposition; and closure and remediation of TDSRS. Additional Services (as defined in Section VII.B.S.}: Additional services, including but not limited to the services listed below shall be performed by the CONTRACTOR upon issuance of a Task Order by the CITY: Private Property Demolition and Debris Removal Marine Debris Removal Hazardous and/ar Toxic Waste Disposal Dead Animal Carcasses Fallen Trees Hazardous Stumps Fill Dirt Sand Screening Freon Removal The CONTRACTOR shall offer the following additional services to the CITY at no additional cost {as defined in Section VII.B.6.): Training and Assistance Preliminary Damage Assessment . Mobilization and Demobilization Mobile Command Unit Temporary Storage of Documents Debris Planning Efforts Closure and Remediation of TDSRS Reporting and Documentation c. Travel and Per Diem Casts incurred by the CONTRACTOR, ar any emplayees/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 casts incurred by the.CONTRACTOR. 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 connection with performance of work under the Contract. Any CONTRACTOR or subcontractor that is identified on the List of Parties Excluded from Federal Procurement and Nonpracurement Programs {as defined in Section I.K.} shall not Page 27 of 38 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. At the request of either party, the CITY may modify the CONTRACTOR'S Pricing Schedule for each subsequent contract yeaz, after the first contract year, and the new Pricing Schedule shall be increased by multiplying the Consumer Price Index {CPI) by 75%. The formula shall be as follows: Contractor Fee x { 1 + {.75 of CPI)} =Subsequent Yeaz Fee The CPI shall be calculated as the lesser of a twelve (12} month average of the United States All Urban or Southern All Urban Consumer Price Index based an the information from the Bureau of Labor Statistics, Southeastern Regional Office for the twelve (12) months ending December 31 preceding each new contract year. If the CPI is discontinued ar substantially altered, the CITY may select another relevant price index published by the United States government ar by a reputable publisher of financial or economic indices. The CONTRACTOR shall be entitled to invoice the CITY far 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. X. OTHER CONSIDERATIONS The CONTRACTOR shall supervise and direct the work, using skilled lobar and proper equipment, safely operated, for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall employee when passible local area vendors qualified to assist in the Debris Recovery Services operation. The CONTRACTOR shall pay far all materials, personnel, taxes, and fees necessary to perform under the terms of this Contract. The CONTRACTOR must be duly licensed in accordance with the State's statutory requirements to perform the work. The CONTRACTOR shall be responsible for determining what permits are necessary to perform work under the Contract. The CONTRACTOR shall obtain all permits necessary to complete the work. Copies of all permits shall be submitted to the CA. If burning as a method of reducing Eligible Debris is determined as necessary by the CITY, the CITY shall assist the CONTRACTOR in obtaining a burn permit to allow air curtain incineration at the TDSRS. 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 any subcontractor's actions or operations during the performance of this Contract. Corrections for any such violations shall be at no additional cost to the CITY. Any and all CONTRACTOR documents, records, disks, original drawings, photos, videos or other information shall become the property of the CITY for its use and/or distribution as may be deemed appropriate by the CITY. The CONTRACTOR shall maintain adequate records to justify all chazges and casts incurred in performing the work for at least three (3}years after completion of this Contract. Furthermore, the CITY shall have access to such books, records, documents and photos Page 28 of 38 as required in this Contract for the purpose of inspection or audit. This provision shall extend three {3) years beyond the term of this Contract or any extension thereto. XI. INDEFENDENT CONTRACTOR All employees of the CONTRACTOR shall be, at all times, the sole employees of the CONTRACTOR under its sole discretion and not an employee(s) or agents} of the CITY. The CONTRACTOR shall supply competent and physically capable employees who shall have and wear proper identification. The CITY reserves the right to require the CONTRACTOR to remove any employee the CITY deems careless, incompetent, insubordinate or otherwise objectionable. XII. OTHER CONTRACTS The CITY reserves the right to issue other contracts or direct other contractors to work within the Scopes} of Service included in this Contract. Both CONTRACTOR and CITY agree this Contract is non-exclusive The CONTRACTOR shall be required to cooperate with other contractors relative to providing information requested in a timely manner and in the specified form. XIII. CITY OBLIGATIONS T1,e CA, or an authorized representative, is designated by the CITY to be the primary contact person for the CONTRACTOR, and this Contract shall be administered on behalf of the CITY by the City's Procurement Director, Gus Lopez. The CITY shall provide inspectors for the monitoring of Eligible Debris collection, segregation and removal operations in the Work Zones. The CITY inspectors shall examine each load hauled from the Work Zones by the CONTRACTOR to verify that the contents are in accordance with the definition of Eligible Debris and to verify the load size (whether cubic yards or tons) recorded on the Load Ticket. The CITY shall provide TDSRS Monitors to inspect each load received by the CONTRACTOR at the TDSRS to verify that the contents are in accordance with the def nition of Eligible Debris and to verify the load size (whether cubic yards or tons) recorded on the Load Ticket. The CITY monitors shall inspect all vehicles/equipment entering and leaving the TDSRS to ensure that haulers do not add excessive amounts of water or soil to debris prior to unloading/loading. Should operation of equipment be required outside of the ROW, the CITY shall provide a Right-of--Entry Agreement, Hold Harmless Agreement and aNon-duplication of Benefits Agreement executed with the Property Owner prior to CONTRACTOR work being authorized. XIV. TERMINATION This Contract may be terminated by the CITY upon thirty (30) calendar days advance written notice to the CONTRACTOR at the primary business address as designated on the signature pages; however, if any work or service hereunder is in progress but not completed as of the date of termination, then this Contract may be extended upon written approval from the CITY until said work or services are completed and accepted by the CA. Page 29 of 38 In the event this Contract is terminated or cancelled upon the request and for the convenience of the CITY with the required thirty (30) calendar day advance written notice, the CITY shall reimburse the CONTRACTOR for actual work satisfactorily completed. Termination by the CITY for cause, default or negligence on the part of the CONTRACTOR shall be excluded from the foregoing provision, and the CITY reserves the right to terminate the Contract by issuing a written notice to the CONTRACTOR. Any termination casts, including demobilization of equipment and personnel, shall be incurred and paid by the CONTRACTOR. The thirty (30} day advance written notice requirement is waived in the event of termination far cause. In the event there should occur any material breach or material default in the performance of any covenant or obligation by the CONTRACTOR which has not been remedied within five (5} calendar days after receipt of written Notice of Termination from the CITY specifying such breach or default, the CITY may, if such a breach ar default is continuing, terminate this Contract with the CONTRACTOR immediately. In such case, the CONTRACTOR shall not be entitled to receive further payment for services rendered from the effective date of the Notice Of Termination. FORCE MAJEURE A. Force Majeure 1. Except for any payment obligation by either party, if the CITY or CONTRACTOR is unable to perform, or is delayed in its performance of any of its obligations under this Contract by reason of any event of force majeure, such inability or delay shall be excused at any time during which compliance therewith is prevented by such event and during such period thereafter as may be reasonably necessary far the CITY or CONTRACTOR to correct the adverse effect of such event of force majeure. B. Events 1. An event of "Force Majeure" shall mean the following events or circumstances to the extent that they delay the CITY or CONTRACTOR from performing any of its obligations (other than payment obligations} under this Contract: Strikes and work stoppages unless caused by a negligent act or omission of CONTRACTOR or its agents or assignments; Acts of God, tornadoes, hurricanes, floods, sinkholes, fires, and explosions {except those caused by negligence of CONTRACTOR, its agents, and assigns}, landslides, earthquakes, epidemics, quarantine, pestilence, and extremely abnormal and excessively incumbent weather; and Acts of public enemy, acts of war, terrorism, effects of nuclear radiation, blockades, insurrection, riots, civil disturbances, or national or international calamities. Suspension, termination or interruption of utilities necessary to the operation of the Project. Economic Hardship Economic hardship of the CONTRACTOR shall not be considered an event of Force Majeure. Modification 1. In order to be entitled to the benefit of this section, a party claiming an event of Force Majeure shall be required to give prompt written notice to the other party specifying in detail the event of Force Majeure and shall further be required to Page 30 of 38 diligently proceed to correct the adverse effect of any Farce Majeure. The parties agree that, as to this section, time is of the essence. XVI. LIQUIDATED DAMAGES The CONTRACTOR and CITY agree that the CONTRACTOR's compliance with the terms of this Contract is of great importance. As such, the CITY, or an authorized representative, shall monitor, inspect and verify the CONTRACTOR's activities for compliance. The CONTRACTOR and CITY acknowledge and agree that it is difficult or impossible to accurately determine the amount of damages that would, or might, be incurred by the CITY due to the CONTRACTOR's failure to comply with the terms of this Contract and for which the CONTRACTOR would otherwise be liable. Accordingly, Contractor shall provide a ~ 1 million dollar performance band. XVII. LIENS AND TAXES The CONTRACTOR shall not at any time suffer or permit any lien, attachment or any other encumbrance under the laws of the State of Florida or otherwise by any person or persons whomsoever to remain on file with the CITY against any money due or to become due for any work done or materials furnished under this Contract or by any reason or claim or demand against the CONTRACTOR. The CONTRACTOR shall keep all equipment and vehicles free and clear of all levies, liens and encumbrances. The CONTRACTOR shall pay all taxes, license and registrations fees, and similar charges imposed on the ownership, possession or use of the equipment and vehicles during the term of this Contract. Such lien, attachment or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Contract. XVIII. INDEMNIFICATION AND HOLD HARMLESS A. The CONTRACTOR shall pay on behalf of and indemnify and hold harmless, the CITY, its commissioners, officers, employees, agents and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, omission, or default of the CONTRACTOR arising out of or in any way connected with the CONTRACTOR's (or CONTRACTOR's officers, _ employees, agents, volunteers, or subcontractors, if any) performance or failure to perform duties under the terrrts of this Contract. This section of the Contract will survive beyond the term of the Contract. B. The CONTRACTOR further agrees to investigate, handle, respond to, provide defenses for and defend any such claims, even if claim is groundless, false or fraudulent. C. Nothing herein shall be construed to hold the CONTRACTOR liable for the negligence of the CITY. This indemnif cation and hold harmless agreement shall survive the termination or expiration of this Contract. XIX. INSURANCE Insurance Procurement. Before performing any contract work, the CONTRACTOR shall procure and maintain, during the term{s) of this Contract, unless otherwise specified, insurance listed below. The policies of insurance shall be primary and written on forms acceptable to the CITY and placed with insurance carriers approved and licensed by Page 31 of 38 Insurance Department in the State of Florida and meet a minimum financial A.M. Best and Company rating of no less than Excellent. No changes are to be made to these specifications without prior written specific approval by the City's Risk Management Division. Worker's Compensation: CONTRACTOR will provide Worker's Compensation Insurance, on behalf of all employees who are to provide service under this Contract, as required under Florida Laws, Chapter 440; the Jones Act and Longshoreman and Harbormasters exposures, and Employers Liability no less than $100,000 per employee per accident; $100,000 employee per disease and $500,000 disease aggregate. Commercial General Liability: Including but not limited to bodily injury, property damage, contractual products and complete operations, watercraft, if under twenty- six {2b} feet and Ocean Marine if over twenty-six (26} feet, and personal injury with limits of not less than $],000,000.00 per occurrence, $1,000,000.00 aggregate covering all work performed under this Contract. Autarnabile Liability: Including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $1,000,000.00 combined single limit covering all work performed under this Contract {Limits may be satisfied by combining an Umbrella form and an Automobile form for a combined total limit of $5,000,000.00) Hazardous Materials Insurance: For the purpose of this section: the term "hazardous materials" includes all materials and substances which are now designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However if hazardous materials are identified while carrying out this Contract, no further work is to be performed in the area of the hazardous material until the Risk Management Division has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendum to the Contract. CONTRACTOR'S Pollution Liability -far sudden and gradual occurrences and in an amount no less that $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this Contract, including, but not limited to all hazardous materials identified under the Contract. Asbestos Liability -for sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this Contract. Disposal -When applicable, the CONTRACTOR shall designate the disposal site and furnish a certificate of insurance from the disposal facility far Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. Hazardous Waste Transportation -When applicable, the CONTRACTOR shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance with Endorsement MCS40 far liability arising out of the transportation of hazardous materials with an amount not [ess than $1,000,000 annual aggregate and provide a valid EPA identification number. Page 32 of 38 Certificates of Insurance -shall clearly state the hazardous material exposure work being performed under the Contract. Additional Insured: All policies, required by this Contract with the exception of Professional Liability or Worker's Compensation, unless specific approval is given by the Gity Risk Management Division, are to be written on an occurrence basis, shall name the CITY as additional insured under this Contract, insurer(s) shall agree to waive all rights of subrogation against the CITY. Subcontractor Insurance: Insurance and insurance provisions, itemized in this Contract, and required of the CONTRACTOR, shall be provided by or in behalf of all subcontractors to cover their operations performed under this Contract. The CONTRACTOR shall be held responsible for any modifications, deviations or omissions in these insurance requirements as they apply to subcontractors. B. Each insurance policy required by this Contract shall: Separate Application of Insurance. Apply separately to each insured against whom claim is made and suit is brought, except with respect to the limits to the insurer's liability. Suspended, voided, Canceled Insurance. Be endorsed to state that coverage shall not be suspended, voided ar canceled by either party except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City Risk Management Division. City Coverage Review. The City Risk Management Division shall retain the right at any time to review coverage, form and amount of insurance. The CONTRACTOR's Liability. The procuring of required policies of insurance shall not be construed to limit the CONTRACTOR's liability nor to fulfill the indemnification provisions and requirements of this Contract. Notwithstanding said policy or policies of insurance, the CONTRACTOR shall be obligated for the full and total amount of any damages, injury or loss caused by any act, neglect, omission or default connected with this Contract. Premium Payments. The CONTRACTOR shall be solely responsible far payment of all premiums far insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles to which such policies are subject, whether or not the CITY is an insured under the policy. Claims Made Policies. Claims Made Policies will be accepted for professional and hazardous material and such other risks as are authorized by the City Risk Management Division. All Claims Made Policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two (2} years. If provided an option, the CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year. Insurance Certificates. Certificates of Insurance evidencing Claims Made or Occurrence farm coverage and conditions to this Contract, as well as the CITY's Contract number and the description of work are to be furnished to the City Risk Management Division prior to commencement of work and a minimum of thirty (30) days prior to expiration of the insurance contract when applicable. All insurance certificates shall be received by the City Risk Management Division before the CONTRACTOR will be allowed to commence ar continue work. Notice of Accident. Notice of Accident {occurrence} and Notice of Claims associated with work being performed under this Contract, shall be provided to the Page 33 of 38 CONTRACTOR'S insurance company and the City Risk Management Division as soon practicable after notice to the insured. XXII. MISCELLANE©US No amendment, change or addendum to the Contract is enforceable unless agreed to in writing by both parties and incorporated into this Contract. For any material change in the Scope of Services or any increase in the compensation for the services, the City Commission for the CITY and the duly authorized representative for the CONTRACTOR shall agree in writing to this change: For all other changes, the CITY'S Administrative Agent and the CONTRACTOR'S representative shall agree in writing to the change. Any reference to a specific chapter of the Florida Statutes in this Contract shall mean the Florida Statutes and shall by reference be made a part of this Contract as though set forth in full. Any reference to a .Specific City Employee in this Contract shall also include the authorized designee of that employee. The CONTRACTOR shall not assign any interest in this Contract and shat! not transfer any interest in same {whether by assignment or novation} without the prior written consent of the CITY, except the claims for the money due or to become due to the CONTRACTOR from the CITY under this Contract may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the CITY. Notice of any such transfer or assignment due to bankruptcy shall be promptly given to the CITY. The parties covenant and agree that each is duly authorized to enter into and perform this Contract and those executing this Contract has requisite power and authority to bind the parties. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Contract or any applicable law. The rights and obligations of the parties under this Contract shall be governed by the taws of the State of Florida and the venue for any legal or judicial proceedings in connection with the enforcement or interpretation of this Contract shall be in Jackson, Florida. If any term, condition, or covenant of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Contract shall be valid and binding on each party. Any notices, invoices, reports, or any other type of documentation required by this Contract shall be sufficient if sent by the parties in the United State mail, postage paid, to the addresses listed below: CONTRACTOR'S REPRESENTATIVE CERES ENVIRONMENTAL SERVICES, INC 1613 Foxworth Road Bonifay, FL 32425 Contact Person: Reinaldo Quiles CITY ADMINISTRATIVE AGENT CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, FL 33193 Contact Person: Gus Lopez Phone: 800-218-4424 Ext 101 Fax:866-228-5363 E-mail: rey.quiles@ceresenvironmental.com Phone: 305-673-7000 Ext: 6641 Fax:305-673-7851 E-mail :guslopez@miamibeachfl , gov Page 34 of 3 $ GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of con#lict of laws, The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND CERES ENVIRONMENTAL SERVICES, INC 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. ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONTRACTOR agree that this Contract sets forth the entire Agreement between the parties, and that there are no promises or understandings other than Ehose stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded ar otherwise altered, except by written instrument executed by both parties. This Contract constitutes the sole and complete understanding between the parties and supersedes all Contracts between them, whether oral or written with respect to the subject matter. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 35 of 38 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officiaEs, as of the date first entered above. FUR CITY: ATTEST: By: City Clerk Robert Parcher STATE OF FLORIDA COUNTY OF MIAMI-DADE SS: CITY OF MIAMI BEACH, FLORIDA a or Matti H. Bower S/ The faregoin~ instrument was acknowledged before me this ~ day of ~ _, 200, by Mayor Matti H. Bower d Robert Parcher, City Clerk, ar their design es respectively, on behalf of the CITY OF MIAMI BEACH, known to me to be the. persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. 1s~- WITNESS my hand and official seal, this ~ day of , 20 N tary Public, State of Florida at Large Commission No.: My Commission Expires: .~;~~ o ~~., LILLIAN BEAUCHAMP ~'~ MY COMMISSION ~ DD 530416 ~; ;:'a EXPIRES: April 29 2010 '•'.~~ ~~ye` Bonded Thru Notary Public Underwriters APPROVED AS TO FORM & LANGUAGE & FO,Ft~JCECUTION 10 ~ a~ h Page 3b of 3$ FOR CONTRACTOR: 8,,: WITNESSES: Signature of ~ ~ ~ /~ , ~~ t [•c ,l' Print Name Signature Print Name M~nn~,sni-u. STATE OF ~L-9R~Bz4 CERES ENVIRONMENTAL SERVICES, INC ignature Print Name/Title } SS: COUNTY O ~ ~~e n~,p~ The foregoing instrument was acknowledged before me this ~ day of _ ~ ~e~~~ 2007, S~Q.VG~1 by ~Rcin~l~le-des, Project Superintendent, or their designees respectively, on behalf of the CERES ~ ~~~~~p~ENVIRONMENTAL SERVICES, INC, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this ~ day of i~ Wt,1~Q, rte, 2007. No Public, State at Large Commission No.: 3~0\ ~~ My Commission Expires: 1~ ;\~~OIZ JENNILEE JUNE WITT Notary Public-State of Minnesota My Commission Expires January 31 , 201 2 Page 37 of 38 APPENDIX "A" Standardized Gost Proposal #ar RFP-29-06!07-Disaster Recovery Services Com an ITEM I ITEM II ITEM III R.A.S. $22.84 $223.00 Up to 12" as debris Construction 12-24" as debris 24-48" $ 500.40 48"- U $ 900.00 Bamaco, Inc $22.$4 $223.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- U $ 900.00 Crowder Gulf $22.84 $223.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- U $ 900.00 Phillips & Jordan $22.84 $223.00. Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- U $ 900.00 Ashbritt, Inc $22.84 $223.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- U $ 900.00 Ceres $22.84 $223.00 Up to 12" as debris Environmental, 12-24" as debris Inc 24-48" $ 500.00 48"- U $ 900.00 Grubbs $22.84 $223.00 Up to i 2" as debris 12-24" as debris 24-48" $ 500.00 48"- U $ 900.00 ****The price includes tipping fees. S C:UMMISSIUN I I tM SUMMAitY Condensed Title: Accept the City Manager's Recommendation Pertaining to the Ranking of Contractors Pursuant Request For Proposals No.29-05!06, Disaster Recovery Services; Authorizing to Enter Into Negotiations with the Six (6) Ranked Contractors; and Authorizing the Mayor and City Clerk to Execute an A reements U on Conclusion of Successful Ne otiations. Ke Intended Outcome Su orted: To Improve Cleanliness of Miami Beach Rights of Way Especially in Business Areas. Icano• .Shall the City Commission approve the City Manager's recommendation to accept the ranking of contractors, authorize negotiations and authorize execution of agreements? Item Summa /Recommendation: On May 10, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 29-05/06 for Disaster Recovery Services. The RFP process seeks to select qual~ed disaster recovery contractors that would assist the City with the restoration operations after a catastrophic disaster. In the event of an emergency, such as a Hurricane, the City would lack sufficient resources to undertake debris recovery operations. During Hurricanes Katrina and W ilma, contractors played a major role in the Citys recovery efforts. RFP No. 29-05/06 was issued on May 12, 2006 with an opening date of June 22, 2006, which resulted in the receipt of 20 proposals. The City Manager via Letter to Commission (LTC) No.172-2006, appointed an Evaluation Committee ("the Committee")that convened on July 20, 2006 to shortlist and on August 11, 2006 to rank the contractors. It was the Committee's recommendation that the Administration enter into negotiations with the three (3) top ranked contractors. The City Manager exercised his own due diligence and reviewed the Committee's findings and ranking, and is recommending that the City Commission authorize negotiations with the six (6) top-ranked proposers in order to assure the availability of more than one contractor in time of emergency. Crowder- GulfJoint Venture, Inc; Ceres Environmental Services, Inc; Phillips 8 Jordan, Inc; Ashbrit Environmental; Grubbs Emergency Services, LLC; and Bamaco Incorporated. ACCEPT THE CITY MANAGER'S RECOMMENDATION. I Board ~in~nt•ial Infnrma+inn' Source of Amount- Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Gus Lopez, ext. 6641 Cinnllffa• •. De •Y• ent Director Assistant City Manage City Manager GL FB PDW R~ - JMG T:WGENgR~2006~sep0606~consentv~FP-2s-u5-o6 uisascer rceoovery ~ernoes - aummary.uu~: ~ MIAMIBEACH AGENDA ITEM C 7 T 2~2 DATE ~ - ~~ m MIAMIBEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ,~~ DATE: September 6, 2006 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR PROPOSALS .(RFP) NO. 29-05/06, FOR DISASTER RECOVERY SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SIX (6) TOP RANKED CONTRACTORS, CROWDER-GULF JOINT VENTURE, INC, CERES ENVIRONMENTAL SERVICES, INC, PHILLIPS & JORDAN, INC, ASHBRITT ENVIRONMENTAL; GRUBBS EMERGENCY SERVICES, LLC; AND BAMACO INCORPORATED ;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On May 10, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 29-05/06 for Disaster Recovery Services. The RFP process seeks to select qualified disaster recovery contractors that would assist the City with the restoration operations after a catastrophic disaster. In the event of an emergency, such as a Hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal govemments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. During Hurricanes Katrina and Wilma, contractors played a major role in the City's recovery efforts. The executed agreement will remain in effect for a period of three (3) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Such option will be exercised, if at all, only when it is in the best interest of the City. 293 Commission Memorandum -RFP-29-05/06 September 6, 2006 Page 2 of 5 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. RFP No. 29-05/06 was issued on May 12, 2006 with an opening date of June 22, 2006. A pre-proposal conference to provide information to contractors submitting a response was held on May 31, 2006. BidNet issued bid notices to 28 prospective proposers and 133 proposers were notified via mail, a-mail, and fax circulation, which resulted in the receipt of following 20 proposals: 1. GRUBBS EMERGENCY SERVICES, LLC 2. CROWDER GULF JOINT VENTUURE, INC. 3. ARBOR THREE & LAND, INC 4. ALL FLORIDA LAND CLANING, INC 5. BERGERON EMERGENCY SERVICES, INC. 6. OMNi PINNACLE, LLC 7. ASHBRITT ENVIRONMENTAL 8. PHILLIPS AND JORDAN, INC 9. ALLIED TRUCKING OF FLORIDA 10. AMERICAN COMPLIANCE TECHNOLOGIES, INC 11. WEED-A-WAY, INC 12. R.A.S. CONSTRUCTION 13. DRC, INC 14. BAMACO INCORPPORATED 15. TIP TOP ENTERPRISES, INC 16. MAN CON, INCORPORATED 17. NEIGHBORHOOD MAINTENANCE INC 18. WOOD RESOURCES RECOVERY, LLC 19. D & J ENTERPRISES, INC 20. CERES ENVIRONMENTAL SERVICES, INC The City Manager via Letter to Commission (LTC) No. 172-2006, appointed an Evaluation Committee ("the Committee") consisting.of the Following individuals: • Mike Alvarez, Assistant Director, Public Works Department • Christopher Parrino, Fire Division Chief, Fire Rescue Department • Georgina Echert, Assistant Director, Finance Department • Christopher Latt, Urban Forest Supervisor, Parks and Recreation Department • Heather Porter, Office Associate III, Public Works Department, Environmental Division • Jason Greene, Miami Beach Resident, Leadership Academy Graduate • James Maes, Miami Beach Resident, Leadership Academy Graduate and Captain of U.S.Coast Guard • Tamra Sheffman, Miami Beach Resident, Leadership Academy Graduate • Donald Druitt, Emergency Management Coordinator, Fire Suppression Department 294 Commission Memorandum - RFP-29-05/06 September 6, 2006 Page 3 of 5 On July 20, 2006, the Committee convened and a quorum was attained. Committee members James Maes and Heather Porter were not present for the short listing of firms. Gus Lopez, Procurement Director, addressed the Committee and provided general information on the scope of services. The Committee members were also provided with Performance Evaluation Surveys and Risk Assessment Plans for all the contractors being evaluated. The Committee unanimously nominated Donald Druitt as Chair of the Committee. The following Evaluation Criteria was used to evaluate and rank the contractors: 1. Firm's experience in Disaster Recovery Services; (20 points) 2. Qualifications of Project Team; (20 points) 3. Proposed Cost; (20 points) 4. Methodology and Approach; (10 points) 5. Past Performance based on number and quality of the Performance Evaluation Surveys; (15 points) 6. Risk Assessment Plan for ensuring quality of work (15 points) The Committee utilized low aggregate ranking methodology to shortlist and rank the contractors which resulted in the selection of six (6) contractors to be further evaluated. The Committee did not require presentations from the short listed contractors. On August 11, 2006, the Evaluation Committee convened with Committee Member Tamra Sheffman, James Maes, and Heather Porter were absent. The Committee unanimously decided to uphold Donald Druitt as chair of the Committee. In addition, the Committee members applied a hypothetical cost comparison based on Hurricane Wilma to determine potential contractors. See attached Excel spreadsheet. The method of ranking the contractors utilized by the Committee was the following: The contractors with more than 50°~ of the Committee Members' first-place votes will be deemed the top-ranked contractor; subsequent contractors or contractors not receiving the majority of the Committee Member's first-place votes will be ranked based on the total low aggregate ranked score. It was the Committee's overall opinion to be in the best interest of the City to select three (3) contractors. The Committee discussed their individual perceptions of the contractor's qualifications, experience, and competence, and ranked the firms accordingly. A motion was presented by Christopher Parrino, seconded by Donald Druitt and unanimously approved by all Committee members for Crowder-Gulf Joint Venture, Ceres Environmental, and Phillips & Jordan to be recommended for potential award of contracts, adding that this option would be the most flexible and advantageous option for the City in the event of an emergency, such as a hurricane. The final scoring was as follows: 295 Commission Memorandum - RFP-~9-05/06 September 6, 2006 Page 4 of 5 ~~ w t ,t~ ~,~ _ ~` ~~y ~ Mike Christopher Georgina Christopher Jason Donald ~ '` ~t~ Alvarez Latt Echert Parrino Greene Druitt TOTALS GRUBBS 86 y 84 6 65 5 75 4 76 6 77 4 463 CROWDER GULF 92 2 95 1 95 1 86 1 92 2 98 1 558 ASHBRITT 75 6 92 3 70 4 75 5 83 4 70 6 465 CERES ENVIRONMENTAL 95 1 94 2 82 3 78 3 93 1 78 3 520 PHILLIPS ~ JORDAN 87 3 91 4 83 2 80 2 84 3 79 2 504 BAMACO 79 5 87 5 50 6 70 6 79 5 76 5 441 FEk:No~ 8-05.'06' #'s 1 #'s 2 #'S 3 #'s 4 #'s 5 #'s 6 GRUBBS - - - 3 1 2 CROWDER GULF 4 2 - - - - ASHBRITT - - 1 2 1 2 CERES ENV. 2 1 3 - - - PHILLIPS 8 JORDAN - 3 2 1 - - BAMACO - - - - 4 2 FINAL RANKING ORDER 1. CROWDER GULF JOINT VENTURE, INC 2. CERES ENVIRONMENTAL SERVICES, INC 3. PHILLIPS AND JORDAN, INC 4. ASHBRITT ENVIRONMENTAL 5. GRUBBS EMERGENCY SERVICES, LLC 6. BAMACOINCORPPORATED The City Manager exercised his own due diligence and reviewed the Committee's findings and ranking, and is recommending that the City Commission authorize negotiations with the six (6)top-ranked proposers in order to assure the availability of more than one contractor in time of emergency. Crowder-Gulf Joint Venture, Inc; Ceres Environmental Services, Inc; Phillips 8~ Jordan, Inc; Ashbrit Environmental; Grubbs Emergency Services, LLC; and Bamaco Incorporated. 296 Commission Memorandum - R%P-29-05/06 September 6, 2006 Page 5 of 5 CONCLUSION A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida accepting the recommendation of the City Manager pertaining to the ranking of contractors pursuant to Request for Proposals (RFP) No. 29-05/06, for Disaster Recovery Services; Authorizing the Administration to enter into negotiations with the Three (3) top ranked proposers Crowder Gulf Joint Venture, Inc, Ceres Environmental Services, Inc, and Phillips and Jordan, Inc, Ashbrit Environmental; Grubbs Emergency Services, LLC; and Bamaco Incorporated ;and further Authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiation by the Administration. 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N f~ N f ' ~~~ ~ ...; rt-... p O p S pp OO p 8 b ~ oN ~pj aD ~ S aD ~ N O G Qj ~ P ti S ~ W 17 ~ ~ S ' ~ ' O ~ ~: ~,'.. g ~OC1 N g N N °ooo N O °o N ~a 2 n ~ ~° O ~ N ..l ~' N ~ N ~ ~ 'f ~~ m ~ m ~ gggg,,,, E~ C E Q ~ E ~ N N ~ r ~ f ~ ._ ._ f A s . Op N M M N N ti 'f M r O ti N 8 8 f H RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSERS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.29- 05/06, FOR DISASTER RECOVERY SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOLLOWING SIX PROPOSERS: CROWDER-GULF JOINT VENTURE INC.; CERES ENVIRONMENTAL SERVICES, INC; PHILLIPS ~ JORDAN INC.; ASHBRITT ENVIRONMENTAL; GRUBBS EMERGENCY SERVICES, LLC; AND BAMACO INCORPORATED; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals (RFP) No. 29-05/06 for Disaster Recovery Services was issued on May 12, 2006, with an opening date of June 22, 2006; and WHEREAS, the RFP process seeks to select qualified disaster recovery contractors that would assist the City with restoration operations after a catastrophic disaster; and WHEREAS, apre-proposal conference to provide information to proposers submitting a response was held on May 31, 2006; and WHEREAS, BidNet issued bid notices to 28 prospective proposers, and 133 proposers were notified via mail, a-mail, and fax circulation, which resulted in the receipt of 20 proposals; and WHEREAS, the City Manager, via Letter to Commission (LTC) No. 172-2006, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: • Mike Alvarez, Assistant Director, Public Works Department; • Christopher Parrino, Fire Division Chief, Fire Rescue Department; • Georgina Echert, Assistant Director, Finance Department; • Christopher Latt, Urban Forest Supervisor, Parks and Recreation Department; • Heather Porter, Ofi'ice Associate III, Public Works Department, Environmental Division; • Jason Greene, Miami Beach Resident, Leadership Academy Graduate; • James Maes, Miami Beach Resident, Leadership Academy Graduate and Captain of U.S.Coast Guard; • Tamra Sheffman, Miami Beach Resident, Leadership Academy Graduate; • Donald Druitt, Emergency Management Coordinator, Fire Suppression Department; and WHEREAS, on July 20, 2006, the Committee convened to shortlist the proposers; and WHEREAS, the Committee was provided information on the scope of the project, past performance evaluation surveys, risk assessment plans, and evaluation criteria; and WHEREAS, on August 11, 2006, the Committee convened to rank the short-listed contractors; and WHEREAS, the Committee ranked the proposers as follow: (1) Crowder-Gulf Joint Venture; (2) Ceres Environmental; and (3) Phillips & Jordan; and WHEREAS, the City Manager exercised his own due diligence and reviewed the Committee's findings and ranking; and 299 WHEREAS, in addition to concurring with the Committee's rankings, the City Manager would recommend that the City Commission authorize the Administration to negotiate and, if successful, further authorize the execution of Agreements with the following proposers (including the (3) additionally ranked proposers): Crowder-Gulf Joint Venture Inc.; Ceres Environmental Services Inc.; Phillips 8~ Jordan Inc.; Ashbritt Environmental; Grubbs Emergency Services LLC; and Bamaco Incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manger pertaining to the ranking of proposers pursuant to Request for Proposals (RFP) No. 29-05/06, for Disaster Recovery Services; authorizing the Administration to enter into negotiations with the following six proposers: Crowder-Gulf Joint Venture Inc:; Ceres Environmental Services Inc.; Phillips & Jordan Inc.; Ashbritt Environmental; Grubbs Emergency Services LLC; and Bamaco Incorporated; and further authorizing the Mayor and City Clerk to execute agreements, upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS DAY OF 2006. ATTEST: CITY CLERK MAYOR T:\AGENDA120061sep0606\consent\RFP-29-05-06 Disaster Recovery Services - Resolution.doc APPROVED A3 7'O FORM ~ LANGUAGE . d~ FOR ON F 3P Q~ >~ 300