HomeMy WebLinkAboutAshbritt, Inc. ContractCONTRACT FOR DISASTER DEBRIS RECOVERY SERVICES
FOR
CITY OF MIAMI BEACH, FLORIDA
This Contract is made and entered into on this 3j day of NOV/ 2008 by and between
The City of Miami Beach, Florida, a political subdivision oftfe State of F4orida, hereinafter called the
"CITY", and ASHBRITT, INC, hereinafter called the "CONTRACTOR."
Whereas, the CITY is subject to potential natural and/or manmade disasters, such as hurricanes; and
Whereas, such storms can generate up to an estimated twenty-seven (27) million cubic yards of debris
in large scale disasters; and
Whereas, the CITY has determined debris removal, storage, reduction, disposal and recycling is in the
best interests of the CITY; and
Whereas, the CITY in the interests of safety, health and welfare, desires to remove, consolidate and
properly dispose of such debris; and
Whereas, The CITY desires to engage the services of a qualified and licensed contractor to manage
Debris Removal, Debris Disposal and Debris Recycling Services and Debris Storage and Reduction
Services following natural or manmade disasters; and
Whereas, procurements under this Contract shall be limited to those which are determined essential to
eliminate threats to public health, safety and welfare, to the economic recovery of the affected area for
the benefit of the community -at -large, to eliminate immediate threats of significant damage to
improved public or private property and to facilitate the restoration of normal public services; and
Whereas, the CONTRACTOR is an experienced, qualified and licensed general contractor with
expertise in performing Debris Removal, Debris Disposal and Debris Recycling Services and Debris
Storage and Debris Reduction Services following natural or manmade disasters; and
Whereas, the CONTRACTOR is an experienced, qualified and licensed pollutant storage contractor
with expertise in the management, handling, transporting and disposal of Hazardous and/or Toxic
Waste; and
Whereas, the CONTRACTOR shall provide complete recovery management support, including but not
limited to debris management and disaster recovery technical assistance, to CITY personnel in all
seven categories of work as defined by the Federal Emergency Management Agency (FEMA) in the
Public Assistance Guide FEMA 321; and
Whereas, the CONTRACTOR is experienced in working with federal, state and local emergency
agencies and has documented knowledge of federal and state disaster programs, funding sources and
the FEMA reimbursement process; and
Whereas, the CITY desires reimbursement of costs, as available; and
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CITY CLERK
Whereas, the CONTRACTOR is experienced in providing adequ=ate 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.I.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.I)
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.I .f)
HOT SPOTS—areas within the City of Miami Beach where residents are in immediate need of
debris removal assistance or illegal dumpsites that may pose health and safety threats. (as
defined in Section V.D.9.)
INELIGIBLE DEBRIS (as defined in Section IV.F.3)
LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND
NONPROCUREMENT PROGRAMS—FEMA list identifies those parties excluded
throughout the U.S. Government from receiving Federal contracts or certain subcontracts
and from certain types of Federal financial and non-financial assistance and benefits.
(see Section IV.G.4.)
LOAD TICKET—a serialized, four-part form used to record and document volumes of Eligible
Debris collected by the CONTRACTOR. (as defined in Section V.1.)
NATIONAL RESPONSE CENTER—the sole national point of contact for reporting oil,
chemical, radiological and biological discharges. (see Section VI.1.3.)
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.
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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.1.c)
WOODY VEGETATIVE AND YARD DEBRIS (as defined in Section IV.F.I.a)
WORK ZONE—the designated area within the City of Miami Beach that the Contract
Administrator, or authorized representative, has assigned to the CONTRACTOR to
perform Eligible Debris removal and hauling services.
WORK ZONE MONITOR—the city's authorized representative designated to inspect and
validate each load of Eligible Debris that is removed from the assigned Work Zones.
WORK ZONE SUPERVISOR—the city's authorized representative designated to maintain the
overall organization/coordination of the Eligible Debris collection in the assigned Work
Zone.
ACRONYMS
A. C & D – Construction and Demolition
B. CA – Contract Administrator
FEMA – Federal Emergency Management Agency
NTP – Notice To Proceed
ROW – Right(s) of Way
TDSRS – Temporary Debris Storage and Reduction Site(s)
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GENERAL
The purpose of this Contract is to provide Removal, Hauling, Disposal And Recycling of all
Eligible Debris (as defined in Section IV,F.1.), to provide TDSRS Operations and
Management of Eligible Debris generated as a result of natural or manmade disasters
within the City of Miami Beach, to provide Technical Assistance to CITY personnel and
Additional Services, if needed, in accordance with the terms and conditions set forth
herein.
The Contract shall commence on August 1 ", 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,
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this shall also mean the transportation of all Eligible Debris considered
recyclable to a recycling facility as defined in Section 1.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 IDSRS 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.
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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.
f. Provide reports, as may be required, to the CITY and/or other agencies:
This shall mean Load Tickets, daily tonnage/volume reports of Eligible
Debris accepted at TDSRS, equipment/vehicle lists, daily timesheet tickets,
finished production reports, FEMA reports and any other reports needed by
the CITY to track expenses for debris storage and reduction services.
2. The CONTRACTOR's secondary responsibility is:
Acceptance, processing, reduction and loading of Eligible Debris received from
various contractor or municipality haulers:
This shall mean providing all TDSRS services to any other County,
Municipality or authorized agent approved by the CITY to use these
services and/or facilities.
b. Acceptance and disposal of ash residue from haulers other than City -contracted
haulers is not permitted:
This shall mean that ash produced from sources other than the City -
approved TDSRS will not be accepted at the TDSRS for final disposal.
C. Technical Assistance
The CONTRACTOR's primary responsibility is:
Assistance and guidance, as defined in Section VII., to CITY personnel in the
completion of any and all forms necessary to apply for the reimbursement of
expenses from State and federal agencies, including but not limited to FEMA.
Training for CITY personnel on disaster recovery processes and procedures.
This shall mean providing orientation and training sessions, as defined in
Section 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 terms:
Private Property Demolition and Debris Removal
Marine Debris Removal
Hazardous and/or Toxic Waste Disposal
Dead Animal Carcasses
Fallen Trees
Hazardous Stumps
Fill Dirt
Sand Screening
Freon Removal
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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
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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.
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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.
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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 IV.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 final 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.
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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 VILC.
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.
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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.
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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 I.O., shall be coordinated by
the CA with sufficient time between each subsequent pass to accommodate
reasonable preparation time needed by residents and/or City agencies.
The CONTRACTOR, as directed by the CA, shall make multiple, scheduled passes of
each Work Zone impacted by the disaster, commensurate with the magnitude of the
natural or manmade disaster.
The CONTRACTOR shall assign work crews and equipment so that the debris removal
process will progress in a systematic and predictable manner.
At alt 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.
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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 of trucks/vehicles to load and/or unload in a timely manner.
I. Load Tickets
Serialized, minimum four-part Load Tickets, shown as Exhibit E, attached hereto and
incorporated herein, shall be used for recording cubic yards/tons of Eligible Debris
removed from 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
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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
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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.
VL 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 H, attached hereto and incorporated herein.
Upon approval of TDSRS selections by the CA, the CONTRACTOR shall submit a Site
Layout Plan and Operations Plan to the CA for review.
At a minimum, the Site Layout Plan and Operations Plan shall address the following:
A list of TDSRS, including the site location, physical description of site, acreage
available for use and a site map
Site management, including but not limited to point -of -contact and organizational
chart
Accessibility to site
Traffic control procedures and on-site traffic patterns to avoid delays in moving
debris
Measures taken to prevent any significant accumulation of debris at TDSRS. (Debris
shall be constantly flowing to incinerators, grinders, and/or chippers, and the
residue and materials that are not recyclable shall be hauled to the landfill and
recyclables shall be hauled to recycling facilities, brokers or end-users.)
Site safety
hazardous and toxic waste materials plan
Environmental mitigation plan, including considerations for smoke, dust, noise,
traffic routes, buffer zones, storm water runoff, archeology, historic
preservation, wetlands, endangered species, as appropriate
Remediation and restoration
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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.
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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.
B. Performance Schedule
The CONTRACTOR shall commence work under this Contract only upon receiving a
written NTP from the CITY and shall continue until the CITY determines the work
is complete.
In conjunction with the NTP, the CITY shall issue a written Task Order which shall
designate the TDSRS and the maximum allowable time to complete the scope of
service, as mutually agreed by the CITY and the CONTRACTOR upon the
assessment of the amount of debris produced.
The CONTRACTOR is required to process and reduce Eligible Debris at a specified
hourly rate. The required minimum reduction/disposal rate shall be achieved no later
than the third calendar day after receipt of a written Task Order. This minimum
production rate shall be increased in the event the CITY exercises the option for
additional reduction capacity, either by supplying additional equipment or opening
another TDSRS. This rate shall be determined, in part, by the severity of the disaster
and the amount of debris produced and shall be equitably negotiated by the CITY
and the CONTRACTOR.
All site remediation work, including site restoration prior to close-out, shall be completed
within thirty (30) calendar days after receiving written notice from the CA that the
last load of debris has been delivered, unless the CITY initiates additions or deletions
to the Contract by written change order(s). Subsequent changes in completion time
shall be equitably negotiated by 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.
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The CONTRACTOR shall manage the site to minimize the risk of fire, including but not
limited to locating fire extinguishers throughout each TDSRS as required by OSHA
regulations and employing personnel trained in incipient fire suppression operations
and safety procedures, such as operation of fire extinguishers and water trucks.
The CONTRACTOR shall be responsible for the storage, removal and containment of
ash from all burning operations. At the end of each burning cycle, the ash residue
from the air curtain incinerator shall be removed from the burning area and placed in
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.
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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 bumable 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 burn 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
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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 Govemment officials other than CA
Description of cleanup procedures employed or to be employed at the site,
including disposal location of spill residue
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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
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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 large animals that pose an imminent and
significant threat to public health and safety, to the TDSRS and/or Final
Disposition Site at an approved landfill.
Fallen Trees—Any Eligible Debris, such as fallen trees, which extends onto the
ROW from private property, 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 retuming 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.I.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.
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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 1 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
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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 4th Floor
Miami Beach, FL 33139
The CONTRACTOR (on the first of each month) shall be entitled to invoice for 90% of the
line items atter work is completed on a monthly basis.
The invoice shall be completed and signed by the CONTRACTOR.
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The invoice shall describe the work perfonned 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.):
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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 VL) 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
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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
fmancial 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 first of each month). The remaining 10% will
become due after all Eligible Debris is properly processed and disposed of at the final
disposition site(s), the TDSRS final closure and remediation process is approved by the
CITY, and the CONTRACTOR submits a proper, final invoice.
Final payment shall be released to the CONTRACTOR upon approval by the CA.
X. OTHER CONSIDERATIONS
The CONTRACTOR shall supervise and direct the work, using skilled 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
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as required in this Contract for the purpose of inspection or audit. This provision shall
extend three (3) years beyond the term of this Contract or any extension thereto.
XI. 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
CONTRACTOR to verify that the contents are in accordance with the definition of
Eligible Debris and to verify the load size (whether cubic yards or tons) recorded on the
Load Ticket.
The CITY shall provide TDSRS Monitors to inspect each load received by the
CONTRACTOR at the TDSRS to verify that the contents are in accordance with the
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.
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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
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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
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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.
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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 CITY's Contract
number and the description of work are to be furnished to the City Risk Management
Division prior to commencement of work and a minimum of thirty (30) days prior to
expiration of the insurance contract when applicable. All insurance certificates shall
be received by the City Risk Management Division before the CONTRACTOR will
be allowed to commence 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
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CONTRACTOR's insurance company and the City Risk Management Division as
soon practicable after notice to the insured.
XXII. 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
ASHBRITT, INC
480 S. Andrews Avenue, Suite 103
Pompano Beach, Florida 33069
Contact Person: Ralph Dahlgren
Phone: 954-818-3564
Fax:954-545-3585
E-mail: Ralph Thashbritt.com
CITY ADMINISTRATIVE AGENT
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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@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 ASHBRITT, INC EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
ENTIRETY OF CONTRACTUAL AGREEMENT
The CITY and the CONTRACTOR agree that this Contract sets forth the entire Agreement between
the parties, and that there are no promises or understandings other than 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:eittAA 9 0-
auR
City Clerk
Robert Percher
STATE OF FLORIDA
) SS:
COUNTY OF MIAMI-DADE
or
t/Vizel
Matti H. Bower
$ The foregoing inctllIn'en* was acknowledged before me this 5 / day of
20074 by Mayor Matti H. Bower ad Robert Parcher, City Clerk, or their design respectively, on
behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who
executed the foregoing instrument, and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this
Sr
3/ day of ,LCL4Jiy , 200 ?
ifca:JJ tiactCldct-n-t
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
LILLIAN BEAUCHAMP
11
14 1,,A f EXPIRES: Apra 29, 2010
,t
MY COMMISSION # DD 530416
Page 36 of 38
APPROVED AS TO
FORM & LANGUAGE
8 • S, TION
FOR CONTRACTOR:
WITNESSES:
By:
Signature
Print
Signature
Mao/6ne V kid
Print Name
ASHBRITT, INC
W
Sig r3Mture , (
lam% Ne/e(C_ Coo
Print Name/Title
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE ) �r �(
The foregoing ' trument was ac ,.ledged before me this b day of 0
200tby' , .:. ' ! . i a •
- - -� - � ent, or their designees respectively, on be f of the
ASHBRITT, INC, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged to and before me that they executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this 7
MIUve4($4i142F114.% 41,11
Public, State of Florida at Large
Tot2; e
�- :
APPENDIX "A"
Standardized Cost Proposal for RFP -29-06107- Disaster Recovery Services
Company ITEM I ITEM II ITEM III
R.A.S. $22.84 $223.00 Up to 12" as debris
Construction 12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
Bamaco, Inc $22.84 $223.00 Up to 12" as debris
12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
Crowder Gulf $22.84 $223.00 Up to 12" as debris
12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
Phillips & Jordan $22.84 $223.00 Up to 12" as debris
12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
Ashbrltt, Inc $22.84 $223.00 Up to 12" as debris
12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
Ceres $22.84 $223.00 Up to 12" as debris
Environmental, 12-24" as debris
Inc 24-48" $ 500.00
48"- Up $ 900.00
Grubbs $22.84 $223.00 Up to 12" as debris
12-24" as debris
24-48" $ 500.00
48"- Up $ 900.00
****The price includes tipping fees.