HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-036Temp. Reso. 12936
April 26, 2017
Page 1 of 4
- CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 3(P'-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 17-
07R TO AND APPROVING AGREEMENTS WITH
ASHBRITT, INC. AND D & J ENTERPRISES, INC. FOR
DISASTER DEBRIS REMOVAL AND DISPOSAL
SERVICES; AUTHORIZING PROPER CITY OFFICIALS TO
EXECUTE CONTRACT RENEWALS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters
including hurricanes and tornadoes; and
WHEREAS, the impact of a major disaster would exceed the ability of City
emergency response resources; and
WHEREAS, in the event of a major disaster supplemental resources would be
required in order to rapidly restore the City to pre -disaster conditions; and
WHEREAS, a disaster recovery agreement with a private sector service provider
places a vast array of specialized equipment, personnel and material at the City's
disposal in the event of a disaster; and
WHEREAS, the City of Tamarac utilized a competitive procurement process in
accordance with procedures established for this type of contract under the requirements
of Title 2, Code of Federal Regulations Part 200.317 to 200.326, "Procurement
Standards"; and
WHEREAS, on January 15, 2017, the City published RFP No. 17-07R for
Disaster Debris Removal and Disposal Services, incorporated herein by reference and
on file in the office of the City Clerk; and
Temp. Reso. 12936
April 26, 2017
Page 2 of 4
WHEREAS, Public Services staff determined, on the basis of State and Federal
reimbursement program requirements and industry standards, to award multiple
contracts ensuring adequate availability and capacity of disaster debris removal and
disposal services; and
WHEREAS, on February 15, 2017, the City received and opened seven (7)
submittals, and an Evaluation Committee, facilitated by the Purchasing and Contracts
Manager and comprised of the Assistant Public Services Director, Assistant Director /
Controller, Financial Services, Public Services Operations Manager, and Public
Services Budget and Contracts Manager, reviewed and evaluated the submittals; and
WHEREAS, the Evaluation Committee evaluated the submittals per RFP 17-07R
and subsequently ranked the submittals based on the total scores, a copy of the
Evaluation Tabulation is hereto attached as Exhibit 1; and
WHEREAS, based upon the Evaluation Scores the top ranked firm is Ashbritt,
Inc., and the second ranked firm is D & J Enterprises, Inc.; and
WHEREAS, the Director of Public Services, Director of Financial Services, and
the Purchasing and Contracts Manager recommend the City of Tamarac execute an
Agreement with Ashbritt, Inc. as the primary vendor, and execute an Agreement with D
& J Enterprises, Inc. as the secondary vendor; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to execute Agreements
with Ashbritt, Inc. and with D & J Enterprises, Inc. for Disaster Debris Removal and
Disposal Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
Temp. Reso. 12936
April 26, 2017
Page 3 of 4
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof, and all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: The City Commission HEREBY awards RFP No. 17-07R to
Ashbritt, Inc. and D & J Enterprises, Inc., and approves Agreements between the City of
Tamarac and Ashbritt, Inc and D & J Enterprises, Inc. ("The Agreements") and the
appropriate City officials are hereby authorized to execute the Agreements, hereto
attached as "Exhibit 2" and "Exhibit 3", respectively, to provide Disaster Debris Removal
and Disposal Services.
SECTION 3: The appropriate City Officials are HEREBY authorized to
extend or renew the Agreements with Ashbritt, Inc. and D & J Enterprises, Inc. for
Disaster Debris Removal and Disposal Services.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
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Temp. Reso. 12936
April 26, 2017
Page 4 of 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 2017.
IV
111L PW4
HARRY DRESSLER
MAYOR
ATTEST:
. j r
> PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
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AMUEL S. GOREN
CITYATTORNEY
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City of Tamarac bw9Hk"0k1VH Purchasing & Contracts Division
AGREEMENT
DISASTER DEBRIS REMOVAL AND DISPOSAL
SERVICES
Request for Proposal No. 17-07R
ASHBRITT, INC.
City of Tamarac
Purchasing & Contracts Division
7525 NW 88th Avenue
Room 108
(954) 597-3570
Tamarac, FL 33321
City of Tamarac
AGREEMENT
BETWEEN THE CITY OF TAMARAC
Purchasing & Contracts Division
AND
ASHBRITT, INC.;
THIS AGREEMENT is made and entered into this day of,. 20j1. by and
between the City of Tamarac, a municipal corporation with principal offices located at
7525 N.W. 88th Ave., Tamarac, Florida 33321 (the "CITY") and Ashbritt, Inc., a Florida
corporation with principal offices located at 565 E, Hillsboro Boulevard, Deerfield Beach,
Florida 33441 (the "Contractor") to provide for Disaster Debris Removal and Disposal
Services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 17-07R, titled "Disaster Debris Removal and Disposal Services" dated
January 15, 2017, and including all conditions therein, Instructions, General Terms and
Conditions, Statement of Work, Scope of Services, Special Conditions and/or Special
Provisions, Technical Specifications, Exhibits A, B and C , drawings, all addenda, the
Contractor's bid/proposal dated February 17, 2017 all of which are included herein by
reference, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as
if attached to this Agreement or repeated therein. In the event that there is a conflict
between Request for Proposal No. 17-07R, Disaster Debris Removal and Disposal
Services, as issued by the City dated January 15, 2017, and the Contractor's Proposal
dated February 17, 2017, Request for Proposal Document No. 17-07R dated January
15, 2017 as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract
documents, this Agreement shall prevail.
2) Contract Term
The successful contractor shall be awarded a contract for three (3) years with the
option to renew the contract for two (2) additional two (2) year periods. Options for
renewal will only be exercised upon mutual written agreement. Unit prices will remain
firm for the first year and may be adjusted according to the Consumer Price Index (CPI)
for each subsequent year.
3) The Work
3.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
3.1.1 Contractor shall furnish all labor, materials, and equipment
City of Tamarac
Purchasing & Contracts Division
necessary to provide Disaster Debris Removal and Disposal
Services as required by the Scope of Work of City's Request for
Proposal 17-07R.
3.1.2 Contractor shall adhere to all requirements of the Request for
Proposal document 17-07R.
3.1.3 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
3.1.4 Contractor shall follow all of the requirements of 2 C.F.R. §200.321
in the execution of this Contract, and shall require and enforce
similar compliance with all sub -contractors for contracts awarded by
non -Federal Entities under Federal Awards which are incorporated
herein by reference as if enumerated herein in their entirety.
3.1.5 FHWA-ER Program and 2 CFR Part 200 Contract Requirements
3.1.5.1 The City intends to seek reimbursement from FHWA for the
eligible debris removal performed on federal aid roads.
Consequently, the City mandates compliance from the successful
Contractor regarding the following:
3.1.5.2 FHWA Form 1273, titled Standard Federal -ail Provisions.
FHWA Form 1273 will be included in the final contract.
3.1.5.3 Buy America Requirements
3.1.5.4 49 CFR Part 26, Disadvantage Business Enterprise
Program
3.1.5.5 American with Disabilities Act of 1990 (ADA)
3.1.5.6 Convict Labor Prohibition
3.1.5.7 All invoices must conform to the billing methodology
specified in the contract. Failure to properly invoice will
result in non-payment of invoices.
3.1.5.7.1 Disaster related purchases (those made with a
special "disaster purchase order form" shall never
be co -mingled with regular invoices.
3.1.5.7.2 All disaster invoices shall include the location
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City of Tamarac �I '' Purchasing & Contracts Division
where delivered or where used, if appropriate.
3.1.5.8 All contractor's project invoices will be audited prior to
payment to ensure compliance with Federal
documentation requirements:
3.1.5.8.1 Time cards.
3.1.5.8.2 Daily work reports for every employee, by each
separate FEMA category of work
3.1.5.8.3 Daily equipment use, by each separate FEMA
category of work.
3.1.5.8.4 List of all supplies and materials used, by each
separate FEMA category of work.
3.1.5.8.5 Includes both prime and sub -contractors
3.1.5.9 All work must be properly grouped according to FEMA
damage categories as specified in the contract.
3.1.5.10 FHWA-ER and 200 C.F.R. Program contract
requirements are subject to any changes provided by
FEMA or FHWA during the term of the contract. Based
on the current guidance, FHWA will only reimburse the
City for the initial collection, hauling and tipping fee, if
applicable, of eligible debris. Debris reduction operations
are not eligible for reimbursement unless the debris is
being reduced as part of a rolling pickup operation. As a
result, the FHWA-ER eligible debris that is collected
during the first pass shall be hauled to the nearest Final
Disposal Site unless otherwise directed by the City.
3.1.5.11 200 C.F.R. regulations may be found at
http://www.ecfr. ov/cgi-bin/text-
idx?S I D=634b707069fd26e4847a948469ec4056&mc=tru
e&tpl=/ecfrbrowse/Title02/2chapterl l.tpI
3.1.6 Contractor shall comply with any and all other Federal, State, and
local laws and regulations now in effect, or hereinafter enacted
during the term of this Agreement, which are applicable to the
Contractor, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
3.1.7 MINORITY / WOMEN'S / LABOR SURPLUS FIRMS
PARTICIPATION: The City of Tamarac, in accordance with the
requirements as stated in C.F.R. 200.321 encourages the active
participation of minority businesses, women's business enterprises
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City of Tamarac
Purchasing & Contracts Division
and labor surplus area firms as a part of any subsequent
agreement whenever possible. If subcontracts are to be let, through
a prime contractor, that contractor is required to take the affirmative
steps listed in items (1) through (5) below.
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential
sources;
(3) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small
and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses,
and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of
Commerce.
3.1.8 Time and Material Contracting (if required):
As may be necessary under this Agreement, whenever separate
Time and Materials contracts for any tasks not specified in this
document are required, the following requirements shall apply:
3.17.1 Unless otherwise specified in writing, no Time
and Materials contract shall exceed seventy (70) hours of
work. Any work done beyond seventy (70) hours is at the
Contractor's risk.
3.17.2. All Time and Materials contracts must have a
not -to -exceed cost cap which the Contractor exceeds at their
own risk.
3.17.3. All Time and Materials contracts are subject to
ongoing monitoring by either City staff and/or an
independent third party monitoring firm.
3.17.4. All Time and Materials contracts listing
equipment shall include FEMA Equipment Rate Sheet four
(4) digit codes as reference.
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City of Tamarac
Purchasing & Contracts Division
3.19 Bonding: Contractor shall provide the City with a Performance and
Payment Bond in the amount of $1,000,000 within three (3) calendar days
of a written Notice to Proceed by City. Once activated, the Payment and
Performance Bonds shall be in force for a period of not less than one (1)
year from the date of original execution by the Bond Surety.
4) Insurance
4.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid or proposal
document or as required by the City's Risk and Safety Manager before
beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager Certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
4.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
5) Time of Commencement and Substantial Completion
5.1. The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and upon issuance of a Notice to
Proceed by the City as the result of an event requiring Contractor's
services. The Contractor shall begin preparation for mobilization
immediately after receiving the Notice to Proceed and be fully operational
within forty eight (48) hours. If emergency road clearance is needed,
Contractor shall have crews working within twenty-four (24) hours.
5.2. The work, including site restoration prior to close-out shall be completed
within thirty (30) calendar days after receiving notice from the CITY that
the last load of debris has been delivered.
6) Contract Pricing
Pricing for this Agreement shall be in accordance with the schedule of unit prices
attached hereto as Appendix 1.
City of TamaracE Purchasing & Contracts Division
7) Payment
7.1 The City, or its authorized representative, will monitor, verify and
document with load tickets or unit rate tickets the completion of all work,
as defined in the scope of work. The Contractor(s) will be provided with
copies of this documentation. These documents will be used by the
Contractor as backup data for invoice submittals. Work not ticketed or not
authorized by the City will not be approved for payment. Additionally, any
ticket submitted for payment must be legible and properly completed.
Tickets missing loading address, truck number, certified capacity,
collection monitor signature, disposal site, load call or disposal monitor
signature will not be paid, nor will the City be responsible for unpaid
incomplete tickets.
7.2 If tasked with Private property and FHWA-ER funded roadway debris
removal operations, these will be invoiced separately from ROW collection
removal operations. The City reserves the right to request additional
invoice separation by debris type (C&D, vegetative debris, white goods, or
other scope of service items), program (ROW collection, private property
debris removal, etc.).
7.3 Invoices shall be submitted to the City's authorized representative on a bi-
weekly basis unless otherwise directed by the City. All invoices must be
submitted with a hard copy of the invoice and an electronic copy
(Microsoft Excel format) of the invoice detail. The invoice detail must
consist of a tabular report listing all ticket information required by the City.
Invoice detail submittals will be checked against City records, and shall
cover for no more than a 30 day period. City records are the basis of all
payment approvals. Only one hundred percent (100%) accurate and
complete invoices shall be forwarded by the City authorized representative
to the City for payment.
7.4 A ten percent (10%) retainage will be withheld from each reconciled
invoice until the end of the project. In order to recover the retainage, the
Contractor(s) must successfully complete, and receive a letter of
completion from the City, for all work zones. Retainage will be held until
final reconciliation is complete. Portions of the retainage may be held by
the City to repair damages caused by the Contractor(s) to public or private
property.
7.5 No separate payment will be made for mobilization and demobilization
operations. These costs are to be included in the respective unit prices bid
for debris removal and will not be adjusted based on the total amount of
debris actually removed in the contract.
7.6 The City of Tamarac will not pay and/or reimburse any additional costs
including, but not limited to, travel, mileage, lodging, meals, and other
City of Tamarac
Purchasing & Contracts Division
travel and subsistence expenses. Price submittals should be inclusive of
all such expenses.
7.7 The Contractor is responsible for payment to all subcontractors utilized for
the services rendered within this scope of work. The Contractor shall
execute release waivers with all subcontractors to release the City from
payment to subcontractors directly. The release waivers for all
subcontractors shall be provided to the City prior to final retainage release.
7.8 Payment for disposal cost incurred by the Contractor(s) at City approved
Final Disposal Sites will be made at the cost incurred by the Contractor.
The City will either coordinate payment of disposal costs directly with the
Final Disposal Site or require the Contractor to pay the disposal fees and
then invoice the City. The Contractor(s) shall submit a copy of all
invoice(s) received by the City approved Final Disposal Site, an electronic
copy tabulating all scale or load tickets issued by the City approved Final
Disposal Site, and proof of Contractor payment to the City approved Final
Disposal Site. The City will not render payment for disposal costs until the
Contractor submits applicable disposal site permits or site information for
each authorized Final Disposal Site.
7.9 Contractor(s) must submit a final invoice within thirty (30) days of
completion of scope of work. Completion of scope of work will be
acknowledged, in writing, by the City Debris Manager. The final invoice
must be marked "FINAL INVOICE" and no additional payments will be
made after the Contractor's final invoice.
7.10 In the event any portion of this scope of work is to be funded by State or
Federal funds, the Contractor will comply with all requirements of the state
or federal government applicable to the use of the funds. The City will only
pay for those items deemed eligible by FEMA or FHWA, unless the City
otherwise agrees in writing.
7.11 All debris clearance invoices will be audited for compliance with Federal
record keeping and documentation requirements prior to payment.
7.12 Payment will only be made for debris that FEMA determines to be eligible.
7.13 Payment shall be tendered in accordance with the Florida Prompt
Payment Act, Part VII, Chapter 218, and Florida Statues.
8) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
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City of TamaracPurchasing & Contracts Division
9) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of completion of work. In the event that defect occurs during this time, Contractor
shall perform such steps as required to remedy the defects. Contractor shall be
responsible for any damages caused by defect to affected area or to interior structure.
The one (1) year warranty period does not begin until substantial completion of the
entire project, and the subsequent release of any Performance or Payment Bonds,
which may be required by the original bid document.
10) Indemnification
10.1. The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
10.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens. Settlements or
judgments of any nature whatsoever in connection with the
foregoing indemnifications including, but not limited to, reasonable
attorney's fees (including appellate attorney's fees) and costs.
City reserves the right to select its own legal counsel to conduct
any defense in any such proceeding and all costs and fees
associated therewith shall be the responsibility of Contractor under
the indemnification agreement
10.3. Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
786.28, as amended from time to time
11) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors
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City of Tamarac 0 i A 1 44A Purchasing & Contracts Division
shall not discriminate against any employee or applicant for employment because of
race, color, sex including pregnancy, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, gender identity and expression, or
disability if qualified. The Contractor will take affirmative action to ensure that
employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital
status, political affiliation, familial status, sexual orientation, gender identity or
expression, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor and its subcontractors
shall agree to post in conspicuous places, available to its employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that all subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
12) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
13) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
14) Notice
Whenever either party desires or is required under this Agreement to give notice
10
City of Tamarac
to any other party,
U.S. Certified Mail,
service, as follows:
15)
CITY
Purchasing & Contracts Division
it must be given by written notice either delivered in person, sent by
U.S. Express Mail, air or ground courier services, or by messenger
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Ashbritt, Inc.
565 East Hillsboro Boulevard
Deerfield Beach, FL 33441
Attn: John Noble, VP, Chief Operating Officer
jnoble(a-ashbritt. com
(954) 725-6992 Office
(954) 725-6991 Facsimile
(800) 244-5094 Toll Free
Termination
15.1. Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the City
to the Contractor for such termination in which event the Contractor shall
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this
termination.
15.2. Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
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City of Tamarac �� ' ' Purchasing & Contracts Division
16) Liquidated Damages
Should the Contractor fail to complete requirements set forth in this scope of
work, the City will suffer damage. The amount of damage suffered by the City is
difficult, if not impossible to determine at this time. Therefore the Contractor shall
pay the City, as liquidated damages, the following:
16.1 The Contractor shall pay the City, as liquidated damages, $1,000.00 per
calendar day of delay to mobilize in the City with the resources required to
begin debris removal operations, within seventy-two (72) hours of being
issued Notice to Proceed.
16.2 The Contractor shall pay the City, as liquidated damages, $500.00 per
load of disaster debris collected in the City that is not disposed of at a City
approved DMS or City approved Final Disposal Site and/or any associated
fines levied by a third party. Application of liquidated damaged does not
release the Contractor of all liability associated with hauling and depositing
material to an unauthorized location.
16.3 The Contractor shall pay the City, as liquidated damages, $500.00 per
incident where the Contractor fails to repair damages that are caused by
the Contractor or subcontractor(s). Application of liquidated damages does
not release the Contractor from the responsibility of resolving or repairing
damages.
The amounts specified above are mutually agreed upon as reasonable and
proper amount of damage the City should suffer by failure of the Contractor to
complete requirements set forth in the scope of work.
17) Change Orders
17.1 The City, without invalidating this Agreement, may order additions,
deletions or revisions to the Work. A written Amendment, Change Order
or Work Change Directive shall authorize such additions, deletions or
revisions.
17.2 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project,
increase the cost of the Work to the City or which extend the time for
completion, must be formally authorized and approved by the appropriate
City authority prior to their issuance and before Work may begin.
17.2.1 No claim against the City for extra Work in furtherance of a
Change Order shall be allowed unless prior written City approval pursuant
to this section has been obtained.
1Z
City of Tamarac
Purchasing & Contracts Division
17.2.2 The Contract Price and Contract Time shall be changed only
by Change Order or written Amendment.
17.2.3 The Project Manager shall prepare Proposed Change
Orders on forms provided by the City. When submitted for approval, they
shall carry the signature of the Public Works Director, the City Manager,
and the Contractor.
1.7.2.4 If the City and the Contractor are unable to agree as to the
extent, if any, of an adjustment in the Contract Price or an adjustment of
the Contract times that should be allowed as a result of a Work Change
Directive, a claim may be made therefore.
17.2.5 The Contractor shall not be entitled to an increase in the
Contract Price or an extension of the Contract times with respect to any
Work performed that is not required by the Contract Documents as
amended, modified and supplemented.
17.2.6. If notice of any change affecting the general scope of the
Work or the provisions of the Contract Documents is required by the
provisions of any bond to be given to a surety, the giving of any such
notice will be the Contractor's responsibility and the amount of each
applicable bond shall be adjusted accordingly.
17.2.7 Any claim for adjustment in the Contract Price or time shall
be based upon written notice delivered by the party making the claim to
the other parties and to the Engineer/Project Manager not later than fifteen
(15) calendar days after the occurrence or event giving rise to the claims
and stating the general nature of the claim. No claim for an adjustment in
the Contract Price or an extension of the contract time will be valid if not
submitted in accordance with this Paragraph.
17.2.8 The cost or credit to the City from a change in the Work shall
be determined by one or more of the following ways:
17.2.8.1 By a Cost Analysis process to be performed on
all change orders. The cost analysis for all change orders
will include a separate determination of profit for each
change order requested.
17.2.8.2 When only nominal quantities are to be
changed, change order may be determined by existing unit
prices stated in the Contract Documents or subsequently
agreed upon. For substantive changes in quantities,
Contractor shall be required to perform a cost analysis as
13
City of Tamarac Purchasing & Contracts Division
required in the previous paragraph.
18) Uncontrollable Forces
18.1 Notwithstanding the specific events for which services are to be provided
under this Agreement, neither the City nor Contractor shall be considered to
be in default of this Agreement if delays in or failure of performance shall be
due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
18.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the
City Commission of the City of Tamarac in the annual budget for each
fiscal year of this Agreement, and is subject to termination based on lack of
funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
22) Severability; Waiver of Provisions
14
City of Tamarac Purchasing & Contracts Division
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
23) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are
merged herein. This Agreement can be supplemented and/or amended only by
a written document executed by both the Contractor and the City.
24) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel
and contributed to the drafting of this Agreement. Given this fact, no legal or
other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
25) Records / Audits
25.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
25.1.1 Keep and maintain public records required by the City in order to
perform the service;
25.1.2 Upon request from the City's custodian of public records, provide
the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided
by law.
25.1.3 Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the
records to the City.
25.1.4 Upon completion of the contract, transfer, at no cost to the City, all
15
City of Tamarac Purchasing & Contracts Division
public records in possession of the Contractor, or keep and maintain
public records required by the City to perform the service. If the
Contractor transfers all public records to the City upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the City, upon request from the City's custodian of
public records in a format that is compatible with the information
technology systems of the City.
25.2 During the term of the contract, the Contractor shall maintain all books,
reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The
form of all records and reports shall be subject to the approval of the City's
Auditor. The Contractor agrees to make available to the City's Auditor,
during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this
contract.
26) Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C ITYC LE RK@TAMARAC.O RG
Remainder of Page Intentionally Blank
16
City of Tamarac
Purchasing & Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by
and through its Mayor and City Manager, and CONTRACTOR, signing by and
through its Vice President / Chief Operating Officer, duly authorized to execute
same.
,l,;1i11>�tJO
TAAd q /.
i
ES T ASLaShtE®':
,EAL
ATTEST: C'C?lJ��\"•
Il
\Pat Teufel, CMC
Interim City Clerk
(-+i 1 j
Date 1.
ATTEST:
orate ecretary)
1 4q ,4L 2cZ6 4 s
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY O MA C
Hanressler, Mayor
y
Date:
Approve s to form and legal sufficiency:
9
i Att rney
ASHBRIT INC.
Comoa aru -
SignatLgrof Preside
John'Noble
Vice President / Chief Operating Officer
y -T 201
Date
17
City of Tamarac
I Purchasing & Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF :SS
COUNTY OF
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
John Noble, Vice President / Chief Operating Officer of Ashbritt, Inc.,
a Florida Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of Q/% 20_LZ
Kelly Beckmann
NOTARY PUBLIC
STATE OF FLORIDA
: Comm# GG061862
Expires 111312021
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
d' Personally known to me or
❑ Produced Identification
d
Type of I.D. Produced
DID take an oath, or
DID NOT take an
oath.
City of Tamarac
APPENDIX 1 - SCHEDULE OF PRICES
& Contracts Division
SCHEDULE 1 — HOURLY LABOR, EQUIPMENT AND
MATERIAL PRICE SCHEDULE
Unit of
Measure
Unit Price
EQUIPMENT TYPE WITH OPERATOR CATEGORY
50' Bucket Truck
Hour
$160.00
Crash Truck w/Impact Attenuator
Hour
$95.00
Dozer, Tracked, D3 or Equivalent
Hour
$60.00
Dozer, Tracked, D4 or Equivalent
Hour
$85.00
Dozer, Tracked, D5 or Equivalent
Hour
$125.00
Dozer, Tracked, D8 or Equivalent
Hour
$145.00
Dump Truck, 16 +/- CY
Hour
$75.00
Dump Truck, 20 +/- CY
Hour
$80.00
Dump Truck, 38 +/_ CY
Hour
$90.00
Generator, 5.5 kW, List kW Capacity
Hour
$27.00
Generator, 200 kW, List kW Capacity
Hour
$92.00
Generator, 2,500 kW, List kW Capacity
Hour
$325.00
Light Plant with Fuel and Support
Hour
$42.00
Gradere w/12" Blade (Min. 30,000 LB)
Hour
$110.00
Hydraulic Excavator, 1.5 CY
Hour
$120.00
Hydraulic Excavator, 2.5 CY
Hour
$130.00
Kunckleboom Loader
Hour
$155.00
Lowboy Trailer w/ Tractor
Hour
$95.00
Mobil Crane up to 15 Ton
Hour
$185.00
Pump, 95 HP (Minimum 25' Intake and 200' Discharge to Include
Fuel and Support Personnel)
Hour
$105.00
Pump, 200 HP (Minimum 25' Intake and 200' Discharge to Include
Fuel and Support Personnel)
Hour
$131.00
Pump, 650 HP (Minimum 25' Intake and 200' Discharge to Include
Fuel and Support Personnel)
Hour
$190.00
19
City of Tamarac
Purchasing & Contracts Division
EQUIPMENT TYPE WITH OPERATOR CATEGORY
Unit of
Measure
Unit Price
Pickup Truck, 1 Ton
Hourly Labor
Rate
$50.00
Skid -Steer Loader, 1,500 LB Operating Capacity (w/ utility grapple)
Hourly Labor
Rate
$85.00
Skid -Steer Loader, 2,500 LB Operating Capacity (w/ utility grapple)
Hourly Labor
Rate
$95.00
Compact Track Loader, 1,500 LB Operating Capacity (w/ utility
grapple)
Hourly Labor
Rate
$85.00
Compact Track Loader, 2,500 LB Operating Capacity (w/ utility
grapple)
Hourly Labor
Rate
$95.00
Tub Grinder, 800 to 1,000 HP
Hourly Labor
Rate
$325.00
Hydraulic Excavator, 1.5 cy (w/ thumb)
Hourly Labor
Rate
$125.00
Hydraulic Excavator, 2.5 cy (w/ thumb)
Hourly Labor
Rate
$135.00
Truck, Flatbed
Hourly Labor
Rate
$70.00
Articulated, Telescoping Scissor Lift for Tower, 15 hp / 37 ft. lift
Hourly Labor
Rate
$12.00
Water Truck, 2,500 gal (Non -Potable, Dust Control and Pavement
Maintenance)
Hourly Labor
Rate
$60.00
Wheel Loader, 3 CY, 152 HP
Hourly Labor
Rate
$175.00
Wheel Loader, 4.0 CY, 200 HP
Hourly Labor
Rate
$180.00
Wheel Loader, 1.5 CY, 95 HP
Hourly Labor
Rate
$120.00
LABOR CATEGORY
Operations Manager w/ Cell Phone and .5 Ton Pickup Truck
Hour
$85.00
Crew Foreman w/Cell Phone & 1 Ton Equip, Truck w/ small tools
and miscellaneous supplies in support of crew
Hour
$60.00
Tree Climber/ Chainsaw and Gear
Hour
$55.00
Laborer w/ Chainsaw and Gear
Hour
$30.00
Laborer w/ Small Tools, Traffic Control, or Flag Person
Hour
$30.00
Bonded and Certified Security Personnel
Hour
$40.00
20
City of Tamarac
Purchasing & Contracts Division
M
CREW CATEGORY
0
Unit of
Unit Price
Measure
Wheel loader, 2.5 CY, 950 or Similar w/ Operator, Foreman with
Hourly Labor
$325.00
Support Vehicle and Small Equipment, Laborer w/ Chain Saw, and
Rate
2 Laborers w/ Small Tools.
Remainder of Page Intentionally Blank
21
City of Tamarac
Purchasing & Contracts Division
SCHEDULE 2 - UNIT RATE PRICE SCHEDULE
Reference to RFP Scope of Services Items 1 to 9. Items —10 to 19 are Ancillary Services.
No.
Description
Unit of Measure
Unit Price
1
Vegetative Debris Removal (based on Section 2.4.2)
Cubic Yard
$8.75
Work consists of the collection and transportation of eligible vegetative
debris on the ROW or public property to a City approved debris
management site (DMS) or City approved final disposal site. This
proposed rate shall apply to Removal of Debris from City Parks &
Facilities (Section 2.3.4).
Removing debris from public property and ROW and hauling to DMS
2
C&D Debris Removal (based on Section 2.4.3)
Cubic Yard
$8.75
Work consists of the collection and transportation of eligible C&D on the
ROW or public property to a City approved debris management site
(DMS) or City approved final disposal site.
Removing C&D debris from ROW or public property and hauling to DMS
3
Debris Removal from Canals / Waterways (based on Section 2.4.5)
Cubic Yard
$25,00
Work consists of the collection and transportation of eligible debris from
City maintained canals and waterways to a City approved debris
management site (DMS) or City approved final disposal site.
Removing debris from city maintained canals/waterways and hauling to
DMS
4
DMS Operation and Debris Management and Reduction (based
Cubic Yard
$4.25
on Section 2.4.6)
Work consists of managing and operating DMS for acceptance,
management, and reduction of eligible C&D and vegetative disaster
related debris. The costs associated with acquiring, preparing, leasing,
renting, operating, and remediating land used as DMS is reflected in this
bid.
5
Haul -out of Reduced Debris to a City Approved Final Disposal
Cubic Yard
$2.50
Site (based on Section 2.4.7)
Work consists of loading and transporting reduced eligible disaster related
debris at a City approved DMS to a City approved final disposal site.
6
Mileage for Haul -out to Final Disposal Site in excess of 25
miles from DMS
Work consists of transporting eligible disaster related debris to a City
approved final disposal site in excess of 25 Miles from the DMS. Distance
is measured as the crow flies and rounded to the nearest mile as follows:
0 — 25 Miles shall be included in Item #5 "Haul of Reduced Debris'
N/A
N/A
26 — 50.9 Miles
Cubic Yard
$5.25
51 to 75.9 Miles
Cubic Yard
$7.00
22
City of Tamarac
Purchasing & Contracts Division
76 to 100.9 Miles
Cubic Yard
$8.25
101 to 125.9 Miles
Cubic Yard
$8.50
126 to 150.9 Miles
Cubic Yard
$12.50
Per CY Rate for Mileage in excess of 151 miles
Cubic Yard
$13.00
7
Removal of Hazardous Trees and Limbs (based on Section 2.4.8)
Work consists of removing eligible hazardous trees or limbs and placing
them on the safest possible location on the City ROW for collection under
the terms and conditions of Scope of Services Item 2, Vegetative Debris
Removal. Sizes as follows:
6 inch to 12.99 inch diameter
Per Tree
$45.00
13 inch to 24.99 inch diameter
Per Tree
$85.00
25 inch to 36.99 inch diameter
Per Tree
$180.00
37 inch to 48.99 inch diameter
Per Tree
$300.00
49 inch and larger diameter
Per Tree
$350.00
Hanger Removal (per Tree)
Per Tree
$75.00
8
Removal of Hazardous Stumps (based on Section 2.4.9)
Work consists of removing eligible hazardous stumps and transporting
resulting debris from the ROW to a City approved DMS. Rate includes
removal, backfill of stump hole, reduction, and final disposal. Sizes as
follows:
24.1 inch to 36.99 inch diameter
Per Stump
$325.00
37 inch to 48.99 inch diameter
Per Stump
$425.00
49 inch and larger diameter
Per Stump
$550.00
9
ROW White Goods Debris Removal (based on Section 2.4.10)
Work consists of the removal of eligible White Goods from the ROW to a
City approved DMS site or City approved facility for recycling. Contractor
shall be responsible for recovering/disposing refrigerants as required by
law as well as unit decontamination in a contained area. The Contractor
shall also be responsible for the transportation of eligible White Goods
from the City approved DMS to a City approved facility for recycling. Units
as follows:
AC Units, Refrigerators and freezers requiring refrigerant recovery and
Per Unit
$55.00
decontamination
23
of Tamarac
Purchasing & Contracts Division
Washers, dryers, stoves, ovens, and hot water heaters
Per Unit
$95.00
SCHEDULE 2 -UNIT RATE PRICE SCHEDULE FOR ANCILLARY ITEMS
10
Household Hazardous Waste Removal, Transport, and
Disposal (based on Section 2.4.11)
Per Pound
$15.00
Work consists of the collection, transportation, and disposal of household
hazardous waste from the ROW to a City approved permitted hazardous
waste facility or MSW type I landfill.
11
E-Waste Removal (based on Section 2.4.12)
Per Unit
$30.00
Work consists of the recovery and disposal of televisions, computers,
computer monitors, and microwaves unless otherwise specified in writing
by the City.
12
Abandoned Vehicle Removal (based on Section 2.4.13) Work
consists of the removal and transport of eligible abandoned vehicles as
follows:
Passenger Car
Per Unit
$350.00
Single Axle
$350.00
Per Unit
Double Axle
$350.00
Per Unit
13
Dead Animal Carcasses (based on Section 2.3.14)
Per Pound
$4.25
Work consists of the recovery and disposal of dead animal carcasses.
14
Bottled Water (1 Gallon Bottles)
Per Gallon
$3.25
1s
Bottled Water (24 bottles per case. Each bottle approximately.
Per Case of 24
$14.50
16.9 oz.
16
Ice, pre -packaged in 10 lb. bags
Per Pound
$4.75
17
Meals Ready -to -Eat
Each
$7.50
18
Meals Ready -to -Eat (Kosher)
Each
$13.00
19
Portable Outdoor Toilet with Sanitary Pumping Services
Rental Per week
$475.00
Included
24