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Phillips & Jordan, Inc. Contract
CONTRACT FOR DISASTER DEBRIS RECOVERY SERVICES FOR CITY OF MIAMI BEACH, FLORIDA This Contract is made and entered into on this j day of y_� 2008 by and between The City of Miami Beach, Florida, a political subdivision of the State of Fl rida, hereinafter called the "CITY", and PHILLIPS & JORDAN, INC, heremafter 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 I of 38 CITY CLERK 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 Section IV.F.I.b) CONTRACT ADMINISTRATOR (or CA)—the City 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 a City -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 public assistant grants and shall act as liaison between FEMA and the CITY. (as defined in Section VII.A.) HAZARDOUS AND/OR TOXIC WASTE (as defined in Section IV.F.1.0 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 Section 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 designee(s) identified by the City Manager in written form 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 list (including name, address, position, telephone, cell phone, fax and e-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 Work 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 for raw material in producing new products. RIGHT(S) 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 issued 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 SITE(S)—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.1.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 – Right(s) of Way TDSRS – Temporary Debris Storage and Reduction Site(s) Page 3 of 38 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 teens and conditions set forth herein. The Contract shall commence on August I a, 2007, and remain in effect for a period of three (3) years. The CITY has the option to renew the contract at its sole discretion for 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 (6) 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 of non -recyclable Eligible Debris from the TDSRS to a landfill lawfully permitted to accept all 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 Work Zones: This shall mean the supervision and direction of CONTRACTOR haulers in the assigned Work Zones; maintaining equipment staging area(s); and the responsibility for traffic control in the Work Zones. Preparation of reports as the CITY may require: This shall mean Load Tickets, daily volume/tonnage reports of Eligible Debris removed, equipment/vehicle lists, daily timesheet tickets, finished production reports, crew location reports, final disposal scale tickets, recycling volume/tonnage reports, FEMA forms 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 Contractor(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 5 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 IV.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 a City-approved landfill lawfully permitted to accept the residue material. L 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 fonns 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 VII.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.5., upon issuance of a Task Order by the CITY, and the Scope of Work shall be executed by the CONTRACTOR according to the approved teens: 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 6 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 following: -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) possible 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, for 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 Operations The CONTRACTOR shall provide all labor, 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 staff) 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 CONTRACTOR 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 for 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 for 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 or 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 for 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 and/or 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 Work 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 (6) categories, as noted in Section fV.A.b. CONTRACTOR shall separate debris which is mixed in to the six (6) categories as noted in Section IV. 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 Work Zone by the CITY's Work Zone Monitor, as defined in Section I.AA. The fmal disposition Load 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 fueling 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 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 cost. The CONTRACTOR shall provide the CA with daily reports and electronic spreadsheets that disclose the cubic yards/tonnage removed from the assigned Work Zone 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 or other modifications to the Scope of Service by written change order. B. 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. 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 0.5 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 or comments, shall be dated and recorded 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 or 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. No 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 both sides, and are constructed in a manner to withstand severe operating conditions. The CA or authorized representative must approve all requests for 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 (60 cu.yds. or larger) and non -rubber -tired equipment must be approved by the CA. Trucks/equipment 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 or 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 and/or private ROW all debris, including the ash residue from the TDSRS, shall become 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 or 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 defined in Section 1.0., 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 for 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 Work 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 defined 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 for 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 significant accumulation of debris at the TDSRS. The CITY makes no representations regarding the turn -around time at the TDSRS; however, the CONTRACTOR shall inform the CA if any problem arises regarding inability oftrucks/vehicles to load and/or unload in a timely manner. 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 Work Zones and for recording cubic yards/tons of debris removed from the TDSRS for final disposition at an approved landfill or recycling facility. All tickets numbers shall be unique to the City of Miami Beach. Numbers shall be recorded on a Load 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 Load 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 Load Ticket shall contain the following information: -Preprinted ticket number -Assigned vehicle/equipment number -Vehicle/equipment driver's name - Contract number or 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 for 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 Zone 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 form 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 Zone. 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 I.U. The TDSRS Tower Inspector, or 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 Zone 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 or 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. 8. 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. J. 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 (if a 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 on 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 SITE(S) 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 I -I, 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/housing 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 or 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 for 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 goods 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 soils, 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 thirty (30) days after the conclusion of the CONTRACTOR's activities. The CONTRACTOR shall comply with local, state and federal safety and health requirements. 13. 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 Toad 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 both 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 for 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 for site operations at the TDSRS. Page 18 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 buming cycle, the ash residue from the air curtain incinerator shall be removed from the burning area and placed in a pre -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 of disaster -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 soil 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 of 38 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 Section VI.B.2. can be maintained. (Section VLF. specifies 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/grinding may 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 completely. To help eliminate contaminants, root rake loaders should be used to feed or crowd material to the chipper/grinder. 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 portable 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 bum shall be extinguished at least two (2) hours before removal of the ash. No 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 bum 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 vehicles/equipment entering and leaving the TDSRS and to aid in suppressing fires. H. Hazardous And/Or Toxic Waste Issues The CONTRACTOR shall be required to construct a containment area or provide a roll- off container 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 a non- permeable soil liner. The hazardous and toxic waste containment area must be covered at all times with a non-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 limited to 29 CFR 1910.120, 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 become concentrated and no longer 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 toxic 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 for 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 Response 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 at 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 for CITY personnel in debris operations, data management and technical assistance. The first session will be provided within ninety (90) 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 qualified, authorized representative to accompany the federal, state and/or local preliminary damage assessment team responsible for determining the impact and magnitude of the disaster event before federal assistance is requested. B. Additional Services/Compensation 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, for 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 be 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 toxic waste Disposal—The CONTRACTOR shall collect, transport and dispose of hazardous and toxic waste in accordance with all applicable federal, state and local laws, standards and regulations as directed by the CITY. The coordination for hazardous and toxic waste removal and disposal at a lawfully permitted disposal facility shall be 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 Targe 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, shall be cut by the CONTRACTOR at the point 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 Zone 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 all hazardous stumps to the TDSRS and backfill 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.1.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 all 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 and/or 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 costs, describing the physical and financial impact of the disaster. Mobilization and Demobilization—All 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 for 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 not 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 for 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 shall 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 Name(s) Work Zone Crew (total number of personnel and vehicle/equipment 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 volume/tonnage 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 as may 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 41h 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 yardage/tonnage 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, by line item, from the invoice for 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, for these services performed. D. Payment for work completed by the CONTRACTOR shall be invoiced on a monthly basis, commencing with the first day of the month following the first full month of service. Invoices shall be based on verified and approved cubic yard/tonnage quantities from the daily operational reports and valid Load Tickets signed by the CITY's authorized representative. E. 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. 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 a City -approved landfill or 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.5.): 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/or 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 Costs incurred by the CONTRACTOR, or any employees/subcontractors of the CONTRACTOR, during the term of this Contract shall be paid by the CONTRACTOR. The CITY will not pay any Travel or Per Diem costs incurred by the CONTRACTOR. 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 Nonprocurement 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 year, 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 Year 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 on 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 or substantially altered, the CITY may select another relevant price index published by the United States government or by a reputable publisher of financial or economic indices. The CONTRACTOR shall be entitled to invoice the CITY for 90% of the line items, after work is completed, on a monthly basis (the fust 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 labor 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 possible local area vendors qualified to assist in the Debris Recovery Services operation. The CONTRACTOR shall pay for 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 charges and costs 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. XL INDEPENDENT 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 agent(s) 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 Scope(s) 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 The 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 CON TRACTOR 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 definition 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 a Non -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 costs, 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 for 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 or 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 for 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 Force 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 bond. 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 terms 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 indemnification 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 (26) feet and Ocean Marine if over twenty-six (26) feet, and personal injury with limits of not less than $1,000,000.00 per occurrence, $1,000,000.00 aggregate covering all work performed under this Contract. Automobile 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 - for 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 for 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 MCS90 for liability arising out of the transportation of hazardous materials with an amount not less 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 City 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 or 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 for payment of all premiums for 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 form coverage and conditions to this Contract, as well as the CDTY'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 or 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. XXU. MISCELLANEOUS 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 shall 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 laws 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 PHILLIPS & JORDAN, INC 191 P and J Road P.O. Box 604 Robbinsville, NC 28771 Contact Person: D. Edd Satterfield, Assistant Vice President Phone 828-479-3371 Fax:828-479-3010 E-mail: esatterfield(r)oandi.com .Page 34 of 38 CITY ADMINISTRATIVE AGENT CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, FL 33193 Contact Person: Gus Lopez Phone: 305-673-7000 Ext: 6641 Fax:305-673-7851 E-mail:guslopez©a miamibeachfl.gov 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 conflict 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 PHILLIPS & JORDAN, 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 AGREEMEN 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 those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or 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 officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Stet 1 �l�L"�� Lefty Clerk ILL Robert Parcher STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ay r Matti H. Bower 5/ The foregoing instrument was acknowledged before me this 3 day of ((J�/N 200 , by Mayor Matti H. Bower 1 Robert Parcher, City Clerk, or their design6s respecti✓e1y, on behalf of the CI t Y ur minima 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. 2j5T WITNESS my hand and official seal, this 4 J/ day of A Aci No ary Public, State of Florida at Large Commission No.: My Commission Expires: /„T, uuJANBEAUCRAMP 4,� MY COMMISSION # DD 530416 f EXPIRES: April 29, 2010 Bu4etlireu Notary Publb Undervnaers Page 36 of 38 200/ APPROVED AS TO FORM & LANGUAGE FOR UTION *EL FOR CONTRACTOR: WITNESSES: B PHILLIPS & JORDAN, INC 0 (1,, ,__ nature Sign --IA() 124- J Px4 Print Name 0 Signature �c.L\este, \O. \o\&._( Print Name STATE OFNorth Carolina) ) SS: D. Edd Satterfield, Assistant Vice President Print NamelTitle COUNTY OF Graham ) The foregoing instrument was acknowledged before me this an day of lJ �1'(ts lnn�oR,t 2007, by D. Mel garrotte, AMMON Vice President , or their designees respectively, on behalf of the PHILLIPS & JORDAN, 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. c�c� \ WITNESS my hand and official seal, this �h I day ofS 'Yv. teff, 2007. ots O .,,,,,'yNO c J047.,. S4) Fs = I;aOTAgi, pu$%3c G COON Notary Pu8tic, State of NoriK Carolina Commission No.: My Commission Expires: My Ca r m!s!on Expires June 7, 2012 Page 37 of 38 APPENDIX "A" Standardized Cost Proposal for RFP -29-06/07- Disaster Recovery Services Company R.A.S. Construction Bamaco, Inc Crowder Gulf ITEM I $22.84 $22.84 $22.84 Phillips & Jordan $22.84 Ashbritt, Inc $22.84 Ceres Environmental, Inc Grubbs $22.84 $22.84 ****The price includes tipping fees. ITEM II $223.00 $223.00 $223.00 $223.00 $223.00 $223.00 $223.00 ITEM III Up to 12" as debris 12-24 as debris 24-48" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 2448" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- Up $ 900.00 Up to 12" as debris 12-24" as debris 24-48" $ 500.00 48"- Up $ 900.00 I ACORD1e CERTIFICATE OF LIABILITY INSURANCE PRODUCER (865)691-4847 FAX (865)694-4847 TIS Insurance Services, Inc. 1900 Winston Road, Suite 100 P.O. Box 10328 Knoxville, TN 37939-0328 INSURED Phillips and Jordan, Incorporated Attn: Steve Thompson 6621 Wilbanks Rd Knoxville, TN 37912 DATE (MMICOIYYYY) 11/19/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: American Contractors Insurance INSURER B: ACID Insurance Company A VIII 1INSURER C: Zurich Insurance Company A XV INSURER D: American International Specialty A++ XV 1 INSURER E NAIC # RRG A VII] COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR•' POa ry�OCry E POUCY RAT UMW r LIMITSIS _•DL TYPE OF NSURIINCE POLICY NUMBER GENERAL LIABILITY GL07000038 06/01/2007 06/01/2008 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED $ ooamavA�___.. CLAIMS MADE OCCUR MED EXP (My one person) § A I PERSONAL & ADV INJURY $ 1 GENERAL AGGREGATE $ 1 PRODUCTS- COMP/OP AGG $ A c B GENL AGGREGATE LIMIT APPLIES PER 7 POLICY n 21,-Tn LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 11 ANY AUTO � EXCESS/UMBRELLA LIABILITY A I OCCUR IR CLAIMS MADE X DEDUCTIBLE RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LWBILRY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Idescribe under SPECIAL PROVISIONS below contractor's Pollution Liability AL07000019 06/01/2007 06/01/2008 AUC913794500 06/01/2007 06/01/2008 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per ecoldenl) PROPERTY DAMAGE (Per aoddeM) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: EACH OCCURRENCE AGGREGATE 2.000.000 100.000 5.000 2.000.000 4.000.000 4.000.000 2.000.000 AGG $ $ 25.000.000 $ 25.000.000 WC07000074 06/01/2007 06/01/2008 IX P74,11114-,1 IOca WC07000075 06/01/2007 06/01/2008 E L. EACH ACCIDENT 1 E.L DISEASE - EA EMPLOYEE 1 E.L. DISEASE - POLICY LIMIT $ 500.00 $ 500.0 $ 500.00 CPL1297178 06/01/2007 06/01/2010 Limit per loss $5,000,000 DESCRIPTION OF OPERATIONS / LOCATORS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIINS 'roject: Contract No. 29-05/06 Disaster Debris Recovery Services rhe City of Miami Beach is Additional Insured regarding General Liability and Automobile Liability on $ primary basis. All rights of Subrogation against the City of Miami Beach are waived. There is a severability of interest that applies to each Insured. Workers Compensation coverage includes the tones Act and U.S. Longshore and Harborworkers coverage. CERTIFICATF HM nEo rANCFI l ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Miami Beach, Florida BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY 1700 Convention Center Drive OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Miami, FL 33139 AUTHORED REPRESENTATIVE Construction Div./BECHEN hada ACORD 25 (2001/08) d)ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond Bond No. 6480042 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Phillips and Jordan, Incorporated 191 P&J Road Robbinsville, NC 28771 SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 OWNER (Name and Address): City of Miami Beach Florida 1700 Convention Center Dr. Miami Beach, FL 33193 CONSTRUCTION CONTRACT Date: August 1, 2007 Amount: ($ 1,000,000.00 ) One Million Dollars and No Cents Description (Name and Location): Contract for Disaster Debris Recovery Services for City of Miami Beach, Florida BOND Date (Not earlier than Construction Contract Date): November 19, 2007 Amount: ($ 1,000,000.00 ) One Million Dollars and No Cents Modifications to this Bond: A. ,,,NQS tt .lpq,,M 44, • • .�:y i ,mo CONTRACTOR AS PRINCIPAL a � GOtR'-'�,RA? ; Z% Company: (C (ate Seal) F p to Phillips and Jordan, Incorpora L SwHtt S: t\a 7 Ma., 11 f (Any additional signatures appear on page 3) Signature: Name and Title (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: J. Smith Lanier & Co. 413 Northshore Dr., SW Knoxville, TN 37919 865-588-7200 AIA DOCUMENT A312 F PERFORMANCE BOND AND PAYMENT BOND 5 DECEMBER 1984 ED 1; AIRS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING l; MARCH 1987 None ❑ See Page 3 SURETY Company: (Corporate Seal) Safeco Insurance Compa ny of America Signature: Name and Title Catherine L. McMillan Attorney -in -Fact OWNERS REPRESENTATIVE (Architect,;EnOt3MTERSIGNED BY: other party). ID ENT AGENT A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later that fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contact itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with the performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractors right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be grater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a AIA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND E DECEMBER 1984 ED E AIRS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING E MARCH 1987 A312-1984 2 defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: AIA DOCUMENT A312 t; PERFORMANCE BOND AND PAYMENT BOND F DECEMBER 1984 ED. t; AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING ✓; MARCH 1987 (Corporate Seal) A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond No. 6480042 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Phillips and Jordan, Incorporated 191 P&J Road Robbinsville, NC 28771 OWNER (Name and Address): City of Miami Beach Florida 1700 Convention Center Dr. Miami Beach, FL 33193 CONSTRUCTION CONTRACT Date: August 1, 2007 Amount: ($ 1,000,000.00 ) SURETY (Name and Principal Place of Business): Safeco Insurance Company of America Safeco Plaza Seattle, WA 98185 One Million Dollars and No Cents Description (Name and Location): Contract for Disaster Debris Recovery Services for City of Miami Beach, Florida BOND Date: (Not earlier than Construction Contract Date): November 19, 2007 Amount: ($ 1,000,000.00 ) One Million Dollars and 00/100 Modifications to this Bond: P None CONTRACTOR AS Company: Phillips and Jordan Signature: Name and Title: PRINCIPAL E. Q S' coq %:92SURETY S (toSEMs.Sea I ' l%o. Z E Company: •, Incorporate 9 . alit • satetc:4-‘a,i;s-. j'e (Any additional signatures appear on page 6) lrOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: J. Smith Lanier & Co. 413 Northshore Dr., SW Knoxville, TN 37919 865-588-7200 ❑ See Page 6 (Corporate Seal) Safeco Insurance Company of America Signature: Name and Title: Catherine L. McMillan Attorney -in -Fact OWNERS REPRESENTATIVE (Archfleai; tr$rJfrEerp3 IG N ED B Hr• other party): Autiec rr 2ES DENT A AIA DOCUMENT A312 F PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED 5 AIAS 1 HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING { MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being make under this Bond and, with substantial accuracy, the amount of the claim 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under the Bond and enclosing a copy of the AIA DOCUMENT A312'; PERFORMANCE BOND AND PAYMENT BOND E DECEMBER 1984 ED. !; AIAs THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING E MARCH 1987 previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligations shall not exceed the amount of the Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work of part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of the Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a A312-1984 5 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitations in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's hen may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: AIA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND F DECEMBER 1984 ED. E AIM THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTINGEMARCH 1987 (Corporate Seal) A312-1984 6 POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of Amedca Safeco Plaza Seattle, WA 98185 No. 6480042 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICAand GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint Catherine L. McMillan Knoxville TN Its true and lawful attomey(s)-fi-fact, with hill authority lo execute on its behalf the following surety bond: Surety Bond Number. 6480042 Principal: Phillips and Jordan, Incorporated Obligee: City of Miami Beach Florida Amount of Bond: Sea Bond Form IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 19th day of November . 2007 . STEPHANIE DALEY WATSON, SECRETARY -rAmAcura, • TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDEUTY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as ettomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument confenlng such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICAadopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the power-of-attorney appointment, executed pursuant thereto, and 011) Certifying that said power-of-attomey appointment Is In fug force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." Stephanie Daley -Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws end of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By - Laws, the Resolution and the Power of Attomey are stat in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th ODRPcomps ORATE �4/40A-� >� STEPHANIE DALEY-WATSON, SECRETARY Salome and the Sabasl go are registered trademarks of Setae Cerporalien. day of November , 2007 , 8.6145 03/06 FRP