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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. 1 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 r AMUEL S. GOREN CITYATTORNEY 1 L' 0 IL y W U W N J Q N O w a U o 0 � � o Q � J W O N W E M E U m W 0 W H fn Q N 0 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 3 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 4 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. 5 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. 8 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 9 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. II 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