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City of Tamarac Resolution R-2007-088
Temp. Reso. # 11204 June 7, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF RFP NO. 07-21BR TO ASHBRITT, INC. AND DRC EMERGENCY SERVICES, LLC FOR DISASTER DEBRIS REMOVAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENTS WITH ASHBRITT, INC. AND DRC EMERGENCY SERVICES, LLC FOR DISASTER DEBRIS REMOVAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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, on March 25, 2007 the City published RFP No. 07-21 BR for disaster debris removal services, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, Public Works staff determined, on the basis of FEMA requirements and industry standards, to award multiple contracts ensuring adequate availability and capacity of disaster debris removal services; and Temp. Reso. # 11204 June 7, 2007 Page 2 WHEREAS, on April 24, 2007, the City received and opened twenty-three (23) submittals, a bid tabulation is incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on May 8, 2007, the City, via an Evaluation Committee, reviewed and evaluated said responses per RFP No. 07-21 BR; and WHEREAS, on June 5, 2007, the top five ranked submitters were invited to make presentations to the evaluation committee to provide additional information, the short listed firms included, Ashbritt, Inc., Bamaco, Inc., DRC Emergency Services, LLC, Omni - Pinnacle, LLC, and TRF Enterprises, Inc.; and WHEREAS, the Evaluation Committee determined that ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC best met the needs and requirements of the City, a copy of the Evaluation Committee rankings is attached hereto as Exhibit 1 "; and WHEREAS, the Director of Public Works and Purchasing/Contracts Manager recommend that the City execute agreements with ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC for disaster debris removal services; and WHEREAS, the City Commission of the City of Tamarac, Florida 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 DRC EMERGENCY SERVICES, LLC for disaster debris removal services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 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 Temp. Reso. # 11204 June 7, 2007 Page 3 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute agreements with ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC for disaster debris removal services, hereto attached as Exhibit "2° and Exhibit "3", respectivelx. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this tr' day of J �o__ 2007. BETH FLANSBAUM-TA ABI O MAYOR ATTEST: - MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. �`4 1 ~A UEL S. GOREN C ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER - DIST 2: COMM. ATKINS-GRAD DIST 3: VIM SULTANOF ti DIST 4: COMM. DRESSLER h .) V-M �m x 1- LU v o CA- C-4 LL H @ to cn @ CL O n c 7 @ O E @ @ > LU O E Q1 E U (Lo U U — C @ L � 7 LL 0 0 N L �. 1A R' co000000 0000coco LL z rl CO Lri 1- cc (0 ail (o ` N N (O O6 OD c6 Cp CP tf� u7 r+ co (D IT 00 �r coLn000(O N W u7 t0 N �pp C z rI N f� 00 6> 00 co t` N N N N O N a � C w N Ot7 ~ � w W N OININI INININ OOI INI o eq qr E u C) O 4 1�m0(0 NNNN Cc7Ct]O w'� z>- I ���4] ���C* NfV mcli NNNN a (n ❑ v u, 0 m rnrnrnrn d• ti Cn 0 07 O7 C77 M W 0 LO E z rl C- r` a0 a0 I� ti (D c0 N — N N m Cry m C] N r N r— N N N N m ti N 40 Lo CR = Ure'JU 7L47<47 UPI 0©M© U [A Iaol I INITIN NIN Q?INItiI v 0 C0 00 00 00 0p Oq ap Q lr 6O O CbODC?CO NNNN M(�ln(�7I I0I0I".0ICICI t Zrlr mm 6767Y(n NNMN 6444 NNNN �(OCnC? m©o©oo M O[UI©© ER z o 0 a CL C` d O a M N O O a E IL p ~ > 0. w N 4 A O a LU i p ly d U ao W0 a z 0. N :n0 lm Cy m Cl)ti Z LO N L O tLL o z c g 0 0 e O ~ o c `o c g LL � o � Z o c O c c i N~ -�, u � �0 o < 0 �(� 0� � d �� d) �0 p� n u m Vn cU O 0�? � � w N �� � n� C o c°> � � u � c� �U o0 � 0 o ci © °0 .4 UJ p •� a0 o V .o 00 .0 023 O °0 .0 0. O 00 d 0 ) '_'iL a m p in -o a� V w Ch c� y J y d -o � J N a m o� ¢ aomo� aomo¢ QomQv�aomoQ aomQ� aomo F. omQ aaa� Q aaaj z°a mCiaaa�tWi�aaa�Uaaa�UaaaUaaaj� City c,f 1 am rac PurcYrahir g and Clontracf� Division UATeT: aaXF:V10 BETWEEN THE CITY OF TAMARAC AND ASHBRITT.INC. J� THIS AGREEMENT is made and entered into this J±day of '�/2007 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Ashbritt, Inc., a Florida corporation with principal offices located at 480 S. Andrews Ave., Suite 103, Pompano Beach, Florida (the "Contractor") to provide for non-exclusive Disaster Debris Removal and Disposal Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 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 consist of this Agreement, Request for Proposal Document No. 07-21 BR, Disaster Debris Removal and Disposal Services, and including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 #07-21 BR, Disaster Debris Removal and Disposal Services, as issued by the City, and the Contractor's Proposal, dated April 24, 2007, the proposal 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) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide Disaster Debris Removal and Disposal Services at the direction of the City. 2.1.2 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 City of Ianiarac R 4'i. rchasing and Contracts Division competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all 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) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid 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. 3.2. 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. 4) Time of Commencement and Substantial Completion 1.1 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. 1.2 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. I ;ety.. of Tamarac a� Purchasing and Contract, Division ----------------------------------------------------- 5) Contract Pricing Pricing for this Agreement shall be in accordance with the schedule of unit prices attached hereto as Aggendix A. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the project name, project number, proposal number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218, as well as the Request for Proposal 07-21 BR, . "Disaster Debris Removal and Disposal Services", "Technical Specifications", Section G "Invoices". 7) 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) 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. 9) Indemnification 9.1 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. 1' A City of Tarnarrsc PLIrchasing aml Contracts Divis� on 9.2 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. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) 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 C +cv of i aam t ac. / � air.; � iix� and i, onto acts Division �• 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. 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY 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 Mr. John W. Noble, Vice President Ashbritt, Inc. 480 S. Andrews Ave., Suite 103 Pompano Beach, FL 33069 (954) 545-3535 fax: (954) 545-3585 14) Termination 14.1 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, of Tarn<.rrac R Purcha ,,ing and C QnU,acts Divisi*n Contractor shall indemnify the city against loss pertaining to this termination. 14.2 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. 15) Uncontrollable Forces 15.1 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. 15.2 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. 16) 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. 17) 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. (':ity of Tarnarac P I'mhasing and Contracts CDyisic)n 18) 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. 19) Severability; Waiver of Provisions 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. 20) 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. 21) 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. Remainder of Page Intentionally Blank I A of Tanlarac.. i ...c:h�:ac3ing and 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 duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey . Mi er, City Manager Date �-VZ�c 7 Approved as to form and legal sufficiency: to r,. City tto ney ATTEST: N/A Signature of Corporate Secretary None Type/Print Name of Corporate Secy. (CORPORATE SEAL) cp ? Date ASHBRIJT, INC. \c9ft�b y: me... Signatu , Vfce President JoWcl- Vice President Date City of Tamarac 0 Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF _Lt2(LLA I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afo� n2= ty aforesaid to take acknowledgments, personally appeared Vice President 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 17 •. U\-k 2007 Signature of Notary Public to Florid Large l� Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 1= p. ...... .... . .. - ----------------- -------- --- -- - ------ '. . ..... ...... . PROPOSAL PRICING SCHEDULE FOR DEBRIS REMOVAL AND DISPOSAL SERVICES Appendix A Request for Proposal #07-211311 All rates include the cost of the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with equipment and personnel. ITEM DESCRIPTION 'OF SERVICES COST UNIT EMERGENCY ROAD CLEARANCE 1 Emergency road clearance including machinery and operator Break down of hourly for equipment. See attached Schedule Hourly VEGETATIVE DEBRIS REMOVAL 2 Removing debris from public property and rights -of- way and hauling to Temporary Debris Storage and Reduction Site. $10.25 CY 3 Chipping debris at Temporary Debris Storage and Reduction Site based on cubic yards hauled in. $4.55 CY 4 Hauling chipped debris to Final Disposal Site, based on cubic yards of reduced amount hauled in. * (0-30 Miles) $4.75 CY NON -VEGETATIVE AND C&D DEBRIS REMOVAL 5 Picking up and hauling of non -vegetative and C&D debris to Temporary Debris Storage and Reduction Site. $10.25 CY 6 Final disposal of non -Vegetative and C& D Debris to Final Disposal Site (Note: Processed from TDSRS) $19.50 Ton 7 Pick-up and haul non -vegetative and C&D Debris to Final Disposal Site "Cradle to Grave" $95.00 Ton 8 Pick-up and direct disposal to County -Operated Landfill $95.00 ETon ............... . .. .. .................. . .... ........ ......... ... . .............. .. .. ..... .... ....... . I ... . ........ . .. ..... AshBr1tt, Inc. I Tamarac. FL I RFP07-21 BR "il y of Tdr-m!-aC Pw'c"'a"'3rL L� °.R h.i ( (]7?(l )i I %lbf:i!(in ITEM DESCRIPTION OF SERVICES COST UNIT LEANERS AND HANGERS 9 Removing leaning trees and hanging limbs to include machinery and operator $21.25 CY STUMP REMOVAL 10 Removing, hauling, and reduction of stumps, 24 in Diameter to 47.99 in Diameter, using the approved FEMA Stump Conversion Table. $16.25 CY 11 Removing, hauling, and reduction of stumps, 48 in Diameter and greater using the approved FEMA Stump Conversion Table. $20.25 CY CANAL DEBRIS REMOVAL 12 Collection and removal of debris from canal and waterway and hauling to Temporary Debris Storage and Reduction Site. $34.25 CY Name of Contractor: AshBritt, Inc. NOTES: 1. Tipping fee rate for non -vegetative and C&D as established by the County will be a direct pass -through to the City. 2. Vegetative Debris will be hauled to a final disposal site located and secured prior to the start of the hurricane season; the tipping fee will be a direct pass -through to the City. 3. For a multi -year contract, the prices shown above would be adjusted on the anniversary date of the contract, according to a percentage equal to the percent change in the ENR Construction Cost Index. ..................- f►ShBritt, Inc I Tam .--- _. ...,...... ....,. . Tamarac, FL I RFP07-21 BR 3 2 �Jf 7'a I i I', �t"'�c potcha""iiqj �md Cowfacts r);Vis:"'f7 - I - -- --- -------------- --------------- - . .... ...... ------ ------ --------- ---- -- ---- - ---- ------- ITEM OPTIONAL SERVICES DESCRIPTION OF SERVICES S COST ANCILLARY SERVICES PROVIDED (OPTIONAL) Opt 1 Describe Service Emergency potable water. See attached schedule. Opt 2 Describe Service Emergency power supply (portable generators) . See attached schedule. Opt 3 Describe Service Temporary Man camps/Comfort stations. See attached schedule. Opt 4 Describe Service pumping and water relocation/flood control. See attached schedule. Opt 5 Describe Service Drying in, Mold Remediation & Decontamination of See attached buildings and facilities (Incident Specific). schedule. $1,800/per Opt 6 Describe Service Fire suppression support (based on 12 hour day) truck/day -- �1,500 gallon water trucks) Opt 7 Describe Service Sewer, culvert and catch basin clearing. $36.00/per linear foot Opt 8 Describe Service Restoration of canal banks and slopes. $32.50/per linear foot $2.50/per Opt 9 Describe Service Dead animal carcass removal and disposal. pound Opt 10 Describe Service Hazardous Material Containment/Cleanup See attached schedule. Opt 11 Describe Service Opt 12 Describe Service ...................... ...... . . ..... .. ........ ..... .. . ....... . .. AshBrift, Inc, I Tamarac, FL I RFP07-21 BR ')'"j Personnel, Equipment and Materials Price Schedule, City of Tamarac, FL Schedule B Service Description ISize or Type I U/M I Unit Price Heavy Equipment (Operator, fuel, maintenance included) Skid Steer Loader (Mini -Loader) Bobcat Hour $68.00 Backhoe Cat 41.6 Hour $95.00 Backhoe, Extend -a -hoe Cat Hour $110.00 Wheel Loaders Cat 950 Hour $124.50 Wheel Loaders Cat 966 Hour $140.00 Wheel Loaders Cat 980 Hour $160.00 Tracked Loader Cat 955 Hour $125.00 Towed Loader w/ Tractor Prentice 210 Hour $140.00 Self Loading Knuckle boom Truck 25-35 CY Body Hour $135.00 Self Loading Knuckle boom Truck 35-45 CY Body Hour $165.00 Dozer Cat D4 Hour $105.00 Dozer Cat D5 Hour $115.00 Dozer Cat D6 Hour $125.00 Dozer Cat D7 Hour $145.00 Dozer Cat D8 Hour $165,00 Excavators Cat 320 Hour $115.00 Excavators Cat 325 Hour $130.00 Excavators Cat 330 Hour $150.00 Tractor w/ Box Blade 80 Hp Hour $45.00 Motor Grader Cat 12OG Hour $120.00 30 Ton Crane 30 Ton Hour $225.00 Bucket Truck Up to 50' reach Hour $135.00 Bucket Truck 50' to 75' reach Hour $150.00 Trash Transfer Trailer w/ Tractor 110 Yard Hour $125.00 Mechanized Broom Street Sweeper Hour $75.00 Water Truck 2000 Gallon Hour $70.00 Service Truck N/A Hour $70.00 Stump Grinder Vermeer 252 Hour $85.00 Stump Grinder Vermeer 752 Hour $120.00 Stum Grinder Vermeer 60TX Hour $135.00 Chipper w/ 2 man crew Morbark Storm Hour $125.00 12-Foot Tub Grinder Morbark 1200 Hour $395.00 13-Foot Tub Grinder Morbark 1300 Hour $455A0 14-Foot Tub Grinder Diamond Z 1463 Hour $490.00 12T Lowboy Trailer (E ui .Trans ort w/ Tractor) 12 Ton Hour $55.00 35T Lowboy Trailer (Equip. Transport w/ Tractor) 35 Ton Hour $90.00 50T Lowboy Trailer (E ui .Trans ort w/ Tractor) 50 Ton Hour $120.00 Truck Mounted Winch Tow Truck Hour $90.00 Vacuum Truck/Jetter 3500 Gallon Hour $350.00 Hauling Vehicles (Operator, fuel, maintenance included) Dump Truck 5 to 15 CY Hour $55.00 Dum2 Truck 16 to 24 CY Hour $70.00 Dum2 Truck 25 to 34 CY Hour $75.00 Dump Truck (Trailer Dump w/ Tractor) 35 to 44 CY Hour $80.00 Dump Truck (Trailer Dum w/ Tractor) 45 to 54 CY Hour $85.00 Dump Truck (Trailer Dump w/ Tractor) 55 to 64 CY Hour $95.00 -Durnp Truck (Trailer Dum w/ Tractor) 65 to 74 CY Hour $105.00 Dump Truck (Trailer Dump w/ Tractor) > 75 CY Hour $115.00 Walking Floor Trailer w/ Tractor 100 CY Hour $125.00 Transportation Vehicles (Operator, fuel, maintenance included) Pickup Truck 1 /2 Ton Hour 1 $120.00 AshBritt, Inc. Personnel, Equipment and Materials Price Schedule, City of Tamarac, FL Schedule B Service Description Size or Type U/M Unit Price Pickup Truck, Extended Cab 3/4 Ton, Ext. Cab Hour $140.00 Pikup Truck, 4x4 40 Hour $150.00 Pickup Truck 1 Ton Hour $155.00 Box Truck 3/4 Ton Hour $220.00 Passenger Car Full size Hour $110.00 20' Res once Trailer 20 Foot Hour $195,00 36' Res onse Trailer 36 Foot Hour $235.00 Flatbed Trailer N/A Hour $180.00 Transportation Vehicles (Operator, fuel, maintenance NOT included) Pickup Truck 1/2 Ton Da $65.00 Pickup Truck 3/4 Ton Da $85.00 Pickup Truck 1 Ton Da $ l 10.00 Box Truck 3/4 Ton Da $140.00 Utilit Van 3/4 Ton Da $70.00 Passenger Van 19 Passenger Da $65.00 Passenger Car Full size Da $55.00 Response Trailer Personnel Project Coordinator (Operations Mana er) 20-30 Foot Individual Da Hour $135.00 $125.00 Project Supervisor with Truck Individual Hour $75.00 Superintendent with Truck Individual Hour $70.00 Foreman with Truck Individual Hour $79.50 Ins ector with Vehicle Individual Hour $42.50 Health/Safet or QC Manager with Pickup Truck Individual Hour $75.00 Safety Superintendent Individual Hour $60.00 Mechanic with Truck and Tools Individual Hour $80.00 Climber with Gear Individual Hour $85.00 O erator with Chainsaw Individual Hour $50.00 Laborer with Tools Individual Hour $30.00 Traffic Control Personnel Individual Hour $30.00 Ticket Writers Individual Hour $35.00 -Survey Personnel with Vehicle Individual Hour $35.00 Project Engineer Individual Hour $75.00 E ui ment Operator Individual Hour $55.00 Truck Driver Individual Hour $45.00 Administrative Assistant Individual Hour $42.50 Clerical Individual Hour $35.00 Field Hazardous Material Manager Individual Hour $115.00 Haz Mat Containment AreaSupervisor Individual Hour $85.00 Haz Mat Containment Area Foreman Individual Hour $65.00 Field Haz Mat Technician Individual Hour $60.00 Haz Mat Containment Area Technician Individual Hour $60.00 Field Project Su ervisior Individual Hour $75.00 Field Project Foreman Individual Hour $55.00 Project Geologist Individual Hour $75.00 Project Chemist Individual Hour $75.00 Regulatory Manager Individual Hour $1 15.00 Asbestos Abatement Supervisor Individual Hour $65.00 Asbestos Abatement Worker Individual Hour $55,00 Asbestos Inspector Individual Hour $50.00 Marine Resources (Fuel, maintenance included) 56' Shallow Draft Landing Craft with Crane lCrew of 2 jDay I $7,850.00 AshBritt, Inc. Personnel, Equipment and Materials Price Schedule, City of Tamarac, FL Schedule B Service Description Size or Type U/M Unit Price IT Fast Bare with Winch Crew of 2 Da $4,725.00 14'Utility Boat with Motor (Work Boat) With Crew Da $475.00 12'Utility Boat with Motor (Work Boat) With Crew Da $210.00 12'Utility Boat without Motor (Work Boat) With Crew Da $150.00 Tank Diver with Gear Individual Hour Incident Specific Hardhat Diver with Gear Individual Hour Incident Specific Scuba Bottle Refill (Air) 80 Each $30.00 Air Pump with multi breathing lines Brownie Lung Da $450.00 Miscellaneous Equipment (Fuel, maintenance included, where applicable) Light Tower w/ Generator Ray,$65.00 Office Trailer 40 Foot Da $210.00 Storage Container 40 Foot Da $55.00 Portable Eyewash Station OSHA Spec Da $35.00 First Aid Station OSHA Spec Da $1.25.00 Portable Toilet (Port a John) Single Week $55.00 Observation Tower USACE Spec Each $3,500.00 AshBritt, Inc. 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U Uf- `rati 2o S m r Response Mancamps/Comfort Services Hazardous Materials Labor Schedule Sleeuing Quarters 1 — 168-Man Dormitory Structure Wood Floor w/ New Carpeting Air Conditioning (A/C Units Also Capable of Supplying Heat If Needed) Power Generation Metal Halide Lighting Package 168 Mil -Spec Cots 2 — Personnel Doors Up to 4 Weeks Rental 1 — 200-Man Tension Tent Wood Floor w/ New Carpeting Air Conditioning (A/C Units Also Capable of Supplying Heat If Needed) Power Generation Metal Halide Lighting Package 200 Mil -Spec Cots 2 — Personnel Doors Up to 4 Weeks Rental Dining_Facilities 1 — Dining Structure for 500 Wood Floor w/ EventPro Flooring Air Conditioning (A/C Units Also Capable of Supplying Heat If Needed) Power Generation Metal Halide Lighting Package 2 — Personnel Doors 64 — 8' Banquet Tables 512 Folding Chairs Up to 4 Weeks Rental 1 — Dining Structure for 350 Wood Floor w/ EventPro Flooring Air Conditioning (A/C Units Also Capable of Supplying Heat If Needed) Power Generation Metal Halide lighting Package 2 — Personnel Doors 44 — 8' Banquet Tables 352 Folding Chairs Up to 4 Weeks Rental Res_trgom_ Facilities Portable Toilet Facilities Daily Cleaning & Service 4 — Weeks Rental Shower Facilities 1 - 14 Head Shower Trailer Unit Provides Shower Service for 350 People Each Unit Contains: Private Changing Stalls & 36" x 36" Shower Stalls Propane -fired boiler system On -board water storage Air Conditioning Trash Receptacles Unit Rental Price $ 158,276.40 Unit Rental Price $ 183,208.50 Unit Rental Price $ 120,736.80 Unit Rental Price $ 90,749.40 Price for 150-Person Camp - $ 18,988.74 Price for 250-Person Camp - $ 30,673.74 Price for 500-Person Camp - $ 60,116.25 Up to 4 Weeks Rental Unit Rental Price $ 90,405.00 Laundry Facility 1 — 7 Unit Laundry Trailer Each Unit Contains: 7 — Top Load Washer Units 8 — Front Load Dryer Units Mot and Cold Water Air Conditioning Folding Table Trash Receptacles Up to 4 Weeks Rental Unit Rental Price $ 90,405.00 Cost Plus Services Site Preparation Cost +23% Fuel for Generators Cost +23% Fresh Water Cost +23% Grey and Black Water Removal Cost +23% Note(s): All pricing above assumes services for disaster/emergency situations. All pricing is for a minimum one - month rental. quote includes all non -union labor and equipment needed for installation and take down of structures. Quote assumes staking into level asphalt or grass surface provided free of obstruction with direct semi -truck access within 50' of work site. Applicable sales taxes, permits, and fuel surcharges are not included. This proposal is subject to equipment availability at the time the notice to proceed is issued. Drying In, Decontamination & Mold Remediation Schedule Hazardous Materials Labor Schedule Deily Rate Project Consultant (PC) $ 162.50 'roject Executive (PE) $ 130.00 project Manager (PM) $ 78.00 Health & Safety Officer (HSO) $ 78.00 Technical Specialist (Superintendent) (TS) $ 71.50 Drying Technical (DT) $ 71.50 Equipment Operator (EO) $ 58.50 Remediation Worker (RW) $ 48.75 General Labor (GL) $ 37.70 Field Auditor (FA) $ 52.00 Supplies Daily flate Adhesive Remover GI $ 100.10 Anti -Microbial Coating GI $ 84.50 Anti -Microbial Disinfectant (Concrete Pre Mixed) GI $ 4.88 Anti -Microbial Disinfectant (MicroBan RTU) GI $ 68.50 Bags, Trash RI $ 97.50 Bags, Trash Environmental RI $ 110.50 Box, Storage Cardboard Ea $ 9.10 Brush, Long Handle/Scrub Ea $ 11.70 Camera (Disposable, 27 exp. includes development) Ea $ 38.94 Cleaner, General and all purpose GI $ 31.20 Cleaner, Electronic Grade GI $ 65.00 Decontamination Unit, Disposable Ea $ 434.20 Duct, Lay Flat (500') RI $ 487.50 Fuel GI Cost plus 10% Ice Bg $ 3.25 ,egative Air Filters (Prefilters) Ea $ 3.90 Negative Air Filters (Pleated) Ea $ 7.80 Negative Air Filters (Main HEPA) Ea $ 234.00 Poly Sheeting, Fire Retardant RI $ 130.00 Poly Sheeting, Reinforced RI $ 195.00 Rags, Cotton Cloth Bx $ 65.00 Respirator Cartridges, Negative Pressure (Half -Face) Pr $ 13.00 Respirator Cartridge, PAPR (Full -Face) Ea $ 16.25 Spray Bottle w/ Trigger Ea $ 4.55 Spray Glue Cn $ 3.25 Sponges, Soot Absorbtion Ea $ 2_93 Suit, Disposable Ea $ 2.93 Suit Tyvek Ea $ 7.80 Tape, Duct RI $ 7.09 Terry Wipes Lb $ 7.80 Towels Cs $ 39.00 Water GI $ 2.47 Drying E ui ment Daily Rate Dehumidification Unit (50cfm-100cfm) Ea $ 91.00 Dehumidification Unit (110cfm-200cfm) Ea $ 149.50 Dehumidification Unit (220cfm-300cfm) Ea $ 175.50 Dehumidification Unit (500cfm-600cfm) Ea $ 383.50 Dehumidification Unit (1000cfm) Ea $ 669.50 Dehumidification Unit (2000cfm-2250cfm) Ea $1,293.50 `ehumidification Unit (3500cfm) Ea $1,560.00 -)ehumidification Unit (4500cfm-5000cfm) Ea $1,657.50 Dehumidification Unit (6000cfm) Ea $1,755.00 Dehumidification Unit (8500cfm) Ea $ 2,437.50 Dehumidification Unit (15,000cfm) Ea $ 2,925.00 EcLuipment Daily Rate '0 Ton AC Unit Ea $1,053.00 ,00 Ton Chiller Unit Ea $1,163.50 200 Ton Chiller Unit Ea $ 2,223.00 Air Compressor (110 psi) Ea $ 39,00 Air Compressor (125 psi) Ea $ 221.00 Air Mover Ea $ 32.50 Buffer, Floor Ea $ 39.00 Cart, Tilt/Demolition Ea $ 26.00 Dolly, 2-Whl/4-Whl/Drm/Whlbrw Ea $ 6.50 Electrical Dist. Panel (Spider Box) Ea $ 71.50 Electrical Kit (Ext. Cord GFI, Surge Protector) Ea $ 5.98 Extraction Unit (Portable) Ea $ 162.50 Extraction Unit (Trailer) Ea $ 585.00 Filtration Unit Ea $ 32.50 Fire Extinguisher Ea $ 4.55 First Aid Kit Ea $ 3.25 Floor Kit (Mop, Bucket, Broom, Rake, Scraper, Wrecking Bar, Etc.) Ea $ 15.60 Freight Mi $ 3.84 HEPA Filtration Unit (10,000cfm) Ea $ 390.00 HEPA Filtration Unit (2,000cfm) Ea $ 123.50 Light, Portable Ea $ 3.25 Light, Stand Ea $ 19.50 Light, String Ea $ 13.00 Mobile Commande Center Ea $ 578.50 Negative Pressure Recorder Ea $ 65.00 Ozone Machine Ea $ 156.00 ower Hand Tools (Sawzall, Circular Saw, Drill etc.) Ea $ 13.00 Pump, Small Ea $ 52.00 Pump, Flood Ea $ 175.50 Respirator, Negative Pressure (Half Face) Ea $ 6.50 Respirator, PAPR (Full Face) Ea $ 32.50 Radio, Job Site Ea $ 13 00 Shower/Wash Station Ea $ 19,50 Sprayer, Airless Ea $ 84.50 Thermal Image Camera Ea $ 65.00 Trailer Ea $ 149.50 Truck, 24ft Ea $ 123.50 Truck, Pick -Up Ea $ 84.50 Truck, Water Extraction Hr $ 260.00 Vacuum, (Wet/Dry) Ea $ 32.50 Vacuum, HEPA Ea $ 97.50 Van/Bus Ea $ 123.50 Vent/Wall Cavity Drying Unit Ea $ 455.00 Wall Kit (Ladder, Fall Protection, Knives, Etc.) Ea $ 13.00 Washer, High Pressure (5,000 psi) Ea $ 227.50 Washer, High Pressure (20,000 - 40,000 psi) Ea TBD Washer, HOTSY Ea $ 260.00 1. Work performed utilizing these rates shall be performed pursuant to the predefined Scope of Work being agreed to by both parties and any applicable Change Order contract modification being completed. _. Price. Work performed hereunder shall be priced as indicated in the AshBritt Rates, plus any applicable taxes. Up to 4 Weeks Rental Unit Rental Price Laundry Facility 1 — 7 Unit Laundry Trailer Each Unit Contains: 7 — Top Load Washer Units 8 — Front Load Dryer Units Mot and Cold Water Air Conditioning Folding Table Trash Receptacles Up to 4 Weeks Rental Unit Rental Price Cost Plus Services Site Preparation Cost +23% Fuel for Generators Cost +23% Fresh Water Cost +23% Grey and Black Water Removal Cost +23% Note(s): All pricing above assumes services for disaster/emergency situations. All pricing is for a minimum one -month rental. Quote includes all non -union labor and equipment needed for installation and take down of structures. Quote assumes staking into level asphalt or grass surface provided free of obstruction with direct semi -truck access within 50' of work site. Applicable sales taxes, permits, and fuel surcharges are not included. This proposal is subject to equipment availability at the time the notice to proceed is issued. Pumping Equipment 1 Client Rate I Client Rate I 1,089.05 $ 90.75 1,654.85 $ 137.90 G" H drulic`Pua rith Paver Pack'` " $ 1,216.70 $ 101.39 8" Hydraulic Pamp \with Power Pack $ 1,818.15 $ 151.51 Notes, 1. Delivery Charge not included 2. Includes suction and discharge hose 3. Min. usage charge 8 hours Hazardous Materials Labor Schedule Labor All rates are based upon Florida Petroleum Preapproval Program Rates are calculated as the Program Loaded Labor Rates plus 23%. see http://www,deg-state.fl.us/waste/categories/pcp/paqes/SOP.htm Extracted from State Program: "TemplateBreakdown-120105.xis" Other Rates Name Amount Applies to Labor Multiplier 194% Bare Labor and Project Management Bare Labor Bare Labor Project Management 15% ODCs 10% Loaded Labor Rate Calculation Example Middle Level Professional Rate/Hr. $ 25.98 Median Rate Proj. Mgmt $ 3.90 _ (Rate X Project Management) Labor Mult. $ 57.96 Rate+Proj. Mgmt) X Labor Multiplier ODCs _ $ 2.99 Rate+Proj. Mgmt) X ODCs Total $ 90.83 Labor Rates Title Level Abbr. 2/7/2007 Loaded rate AshBritt Rate Project Manager ULM $50.43 $176.30 $216.85 Mid Level Manager MLM $37.51 $131.13 $161.30 Professional Upper Level ULP $35.23 $123.16 $151.49 Middle Level MLP $27.01 $94.43 $116.15 Lower Level LLP 21.471 $75.061 $92.32 Technical Upper Level ULT $22.70 $79.36 $97.61 Middle Level MLT $17.13 $59.89 $73.66 Lower Level LLT $12.28 $42.93 $52.80 Secretarial / Clerical $16.67 $58.28 $71.68 E ui ent O erator $13.93 $48.70 $59.90 Laborer $10.211 $35.691 $43.90 Per diem $110.231 1 $135.58 Please note discrepancy between State "Other Rate" schedule and 'Loaded Labor Rate Calc Example" the later applies ODC to Labor Rate +Proj Mgmt, the former applies it to Bare Labor only. AshBritt rates use the Rate +Proj mgmt. AshBritt, Inc. N rnNONrnMCDrnrCDcbrnrnrnrnn—u7rnd0OCOarnnM r •- CO E+9 O 1- M It 6A aO Oi Mr O cfr Iq Cl r M ri9 dM CV � CV d r E9 — r- to rf� 0� M cr 6� n t11 d CV r cq (0 cm 1 4C1 N cD 6� c!0 [V CO 69 1,- W cfr rn r.-0 n rid 0� to rf� m M M ea W M I,- rf� r r-O 0 6& It r rfr 1164114 M M l- 0 W Lq r r 1-1 r LO M� EA OR I- 141 o o N N 0 a 0 0 N N a U o o M `y � a U LDCD rnrn Qi N r �F+0 Oi N r cd (tl c� c� ctl cU clY ctl cd cC ctl Ctl tD cCS cC1 r(f ctl td c� t� t� cd cQ c� c� ca tq coo a 090=0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LL Clow ❑ W W ❑ ❑ ❑ ti N E O CL U co �U❑ 0 CL O a U N> 7 U L _a Y7 J J N 0 c O m Cl C 47 L C�x V CD N U) cn a q ICL N E a E75 p cc 0")`Nm� N EO OO Cn OW LC D Q M ) C Ut ° O C Oam L c:2.acc p t' D - w7 - aa Qcc7====1 . > �30n) >~O_l � M �(O�flf� r�u7cprNGOT�NrarM-Nc0[`)CAm�cGnMnN�� d9d9Efl d n n q d Lq FA N N dNODNcO� EHd4tf?FAFAERFF}d4H4E369E9E9d3d4bgd964d3 cD n OO M N aO d 1" M In d ti ti nG� n�NCDaddMnn(Odrn�u�tit0c047m47 W d M QI M 0] n f� q n cD d U� d q d M r I- r r N O U n Uf Ef364694R69b969 CD 7 aDN�aOcpr O O d n cD N In Ir d cD cC ca cti ca R � cri � � � cOD � cO ca cti cri � � ca ca cU0 N c� p N cC � cC cC O id ❑ ❑ ❑ ❑ O ❑ ❑ W W W W W ❑ ❑ ❑ ❑ W W ❑ ❑ W ❑ ❑ H ❑ ❑ W ❑ ❑ 2 W O N N O O � L ++U) f O O O E E 2 U a? Vi r N - N o (D �W E_ � a �, vOi o E , N �_°mom c [L qD 0'a Y EF q ?2 O Q cU cLi fd � I fU cd c� In c � 7 U y O � _ O U N= m CL _py E cn E E- C v� C E v> cry E r 2 � E O a`oq_aoats>>>°acoa00 mCM C'a 3 OL ._ x��� r— EpdNa c _�co3 pamc°n?i to c a = a a QmE T"o LZE7 L.NOE ro n o o E m � o E❑° 4O °p C O O E C y U O EnN_ rC- rocO(Ai N M Q Q Q QQ0 UU U U UUU❑❑❑❑M W cr] N O a N cN 4 L U G a U .a N cn cd L U •3 4 0 U C 7 N L ch 7 G W Q cr a) O T G Q Ashbritt Contact Sheet AshBritt, Inc. 480 South Andrews Avenue, Suite 103 Pompano Beach, Florida 33069 Phone: (954) 545-3535 Toll Free: (800) 244-5094 Fax: (954) 545-3585 Email: info@ashbritt.com Web: www.ashbritt.com Contractual Contacts: Primary: Terry Jackson Chief Marketing Officer (954) 818-5449 cell (24 hrs) terry@ashbritt.com Secondary: Randi E. Milner Marketing Coordinator (954) 914-8978 cell (24 hrs) rmilner@ashbritt.com Operations Contacts: Primary: John W. Noble Chief Operating Officer (954) 683-0247 cell (24 hrs) jnoble@ashbritt.com Secondary: Tim Mooney Sr. Marketing Mgr (954) 868-0250 cell (24 hrs) tmooney@ashbritt.com City of 7arriaracs Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRC EMERGENCY SERVICES LLC THIS AGREEMENT is made and entered into this _2aihday of\/2007 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and DRC Emergency Services, LLC, an Alabama Limited Liability Company, duly registered as a Florida Foreign Limited Liability Company with principal offices located at 740 Museum Drive, Mobile, Alabama 36608 (the "Contractor") to provide for non-exclusive Disaster Debris Removal and Disposal Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 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 consist of this Agreement, Request for Proposal Document No. 07-21 BR, Disaster Debris Removal and Disposal Services, and including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 #07-21 BR, Disaster Debris Removal and Disposal Services, as issued by the City, and the Contractor's Proposal, dated April 24, 2007, the proposal 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) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide Disaster Debris Removal and Disposal Services at the direction of the City. 2.1.2 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 o/ Tamarac. Purchasing and Contracts Division 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. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all 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) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid 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. 3.2. 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. 4) Time of Commencement and Substantial Completion 1.1 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. 2 City of Tamarac: Purchasing and Contracts Division 1.2 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. 5) Contract Pricing Pricing for this Agreement shall be in accordance with the schedule of unit prices attached hereto as Appendix A. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the project name, project number, proposal number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218, as well as the Request for Proposal 07-21 BR, . "Disaster Debris Removal and Disposal Services", "Technical Specifications", Section G "Invoices". 7) 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) 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. 9) Indemnification 9.1 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 3 City of Tamarac: Purchasing and Contracts Division 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. 9.2 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. ii. 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. 9.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) 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 4 City of Tamarac Purchasing and Contracts Division 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. 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY 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 Mr. Mark Stafford, COO DRC Emergency Services, LLC 740 Museum Drive Mobile, AL 36608 (251) 343-3581 Fax: (251) 343-5554 14) Termination 14.1 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, 15 City of Tamarac Purchasing and Contracts Division 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. 14.2 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. 15) Uncontrollable Forces 15.1 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. 15.2 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. 16) 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. 17) 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. 6 City of Tamarac Purchasing and Contracts Division 18) 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. 19) Severability; Waiver of Provisions 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. 20) 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. 21) 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. Remainder of Page Intentionally Blank 7 City of Tamarac g Purchasing and 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 Chief Operating Officer (COO) duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk CITY OF TAMARAC 4& IV - �4(A Z"Z Beth Flansbaum-Talabisco, Mayo A 7 Date "1'7 effreyer, City Manager �.r . ;2 -2 Date "",';2, , "�' c -7 Approved as to form and legal sufficiency: D e � V C4ttorpeyl_�� ATTEST: Signature of Company Secretary Christine S. Marr Type/Print Name of Company Secy. (CORPORATE SEAL) Date l DRC EMERGENCY SERVICES, LLC Company Name Signature of Chief Operating Officer Mark T. Stafford Chief Operating Officer u - Date City of 7 an7arac PUrc`.tlasinp and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF • :SS COUNTY OF 0 G' 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 Mark T. Stafford, Chief Operating Officer of DRC Emergency Services, LLC, an Alabama Limited Liability Company duly registered as a Florida Foreign Limited Liability Company, 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 thislo ay of , 2007 1 kin4atre of No ary ublic State of-Fiar'rels at Large AUNUTSOF&GAMAH GE a� ¢ : MAY23, 201 r 11 �/ � Print, Type or Stamp ame of Notary Public lk Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. 9 City of Tamarac e Purchasing and Conti -acts Division BIDDING SCHEDULE FOR DEBRIS REMOVAL AND DISPOSAL SERVICES Appendix A Invitation to Bid #07-21 B All rates include the cost of the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with equipment and personnel. ITEM DESCRIPTION OF SERVICES COST UNIT EMERGENCY ROAD CLEARANCE 1 Emergency road clearance including machinery and operator Break down of hourly for equipment. p� Hourly VEGETATIVE DEBRIS REMOVAL 2 Removing debris from public property and rights -of- way and hauling to Temporary Debris Storage and Reduction Site. a, IO� � CY 3 Chipping debris at Temporary Debris Storage and Reduction Site based on cubic yards hauled in. % 99 Cy 4 Hauling chipped debris to Final Disposal Site, based on cubic yards of reduced amount hauled in. CY NON -VEGETATIVE AND C&D DEBRIS REMOVAL 5 Picking up and hauling of non -vegetative and C&D debris to Temporary Debris Storage and Reduction Site. AP 9� Cy 6 Final disposal of non -Vegetative and C& D Debris to Final Disposal Site C.9 Ton 7 Pick-up and haul non -vegetative and C&D Debris to Final Disposal Site "Cradle to Grave" 98 Ton $ Pick-up and direct disposal to County -Operated Landfill $ 0�8 0 Ton 26 City of Tamarac R Purchasing and Contracts Division ,p ITEM DESCRIPTION OF SERVICES, COST UNIT LEANERS AND HANGERS 9 Removing leaning trees and hanging limbs to include machinery and operator zz.86 CY STUMP REMOVAL 10 Removing, hauling, and reduction of stumps, 24 in Diameter to 47.99 in Diameter, using the approved FEMA Stump Conversion Table. av 32 , CY 11 Removing, hauling, and reduction of stumps, 48 in Diameter and greater using the approved FEMA Stump Conversion Table. t Qp r CY CANAL DEBRIS REMOVAL 12 Collection and removal of debris from canal and waterway and hauling to Temporary Debris Storage and Reduction Site. 78i CY r r Name of Contractor: �.r i/i: C�C.� L LC, NOTES: 1. Tipping fee rate for non -vegetative and C&D as established by the County will be a direct pass -through to the City. 2. Vegetative Debris will be hauled to a final disposal site located and secured prior to the start of the hurricane season; the tipping fee will be a direct pass -through to the City. 3. For a multi -year contract, the prices shown above would be adjusted on the anniversary date of the contract, according to a percentage equal to the percent change in the ENR Construction Cost Index. 29 of Tamarac Purchasing and Contracts Division ITEM OPTIONAL SERVICES -- DESCRIPTION OF SERVICES COST ANCILLARY SERVICES PROVIDED (OPTIONAL) Opt 1 Describe Service Opt 2 Describe Service Opt 3 Describe Service Opt 4 Describe Service Opt 5 Describe Service Opt 6 Describe Service Opt 7 Describe Service Opt 8 Describe Service Opt 9 Describe Service Opt 10 Describe Service Opt 11 Describe Service Opt 12 Describe Service 34 DRC CONTACT LIST 740 Museum Drive Mobile, Alabama 36608 Office: 251-343-3581 * Fax: 251-343-5554 * 888-721-4DRC Mobile d'dreusa.com Robert J. Isakson (Bob) Cell: 251-423-1160 or 251-379-4417 Administrative Manager Email: risaksonC&dreusa.com Paul Persons, Jr. (Buddy) Vice President Email: bpersonsAdreusa.com Mark Stafford Chief Operating Officer Email: ms_tafford@dreusa.com Donald G. Bahouth (Don) Senior Contract Consultant Email: dbahouth(&dreusa.com Linda Lucas Regional Sales Manager, Mississippi Email: 1_lucas(Lt)dreusacotn Cell: 251-423-1154 or 251-379-6188 Cell: 504-415-7945 Cell: 251-423-1155 or 251-379-1155 Cell: 251-423-0148 Christina Murphy Cell: 251-423-1079 Regional Sales Manager, West Coast of Florida Email: cmu h eNrcusa.coin Caren Bash Cell: 251-243-6575 Regional Sales Manager, East Coast of Florida Email: cbashAdreusa.coin Paul Bryant Cell: 251-379-4386 Regional Sales Manager, Atlantic Region Email: b ant .i dreusa.cotn Torn B. Combs Regional Sales Manager, State of Texas Email: tombcombs@aol.coin Shaun Hodge Project Manager Email: shodgeLedreusa.com Cell: 202-905-7068 or 251-243-6438 Cell: 409-770-4078 or 251-243-6565 251-243-6438 Gearle Bacote Regional Sales Manager, Mid Atlantic Email: gbacote(iydreusa.com Jennifer Peacock Business Development Manager Email: ioeacock edreusa.coin April Callaway Corporate Headquarters Contracts Manager Email: acallaway(ibdreusa.com Steven James Proposal Manager Email: sianies(),dreusa.com Walter Maestri Director of Training Email: wmaestri((�,dreusa.com Cell: 251-402-5024 or 251-379-5994 Cell: 251-423-1169 or251-379-5794 Cell: 251-423-1158 or 251-379-5936 Cell: 251-243-6435 Cell: 251-243-6566 UNANIMOUS WRITTEN CONSENT OF SPECIAL MEETING OF THE MEMBERS DRC EMERGENCY SERVICES, LLC HELD ON THE 24" DAY OF MAY, 2007 The undersigned, being the Members of record of DRC EMERGENCY SERVICES, LLC., unanimously agree, in writing, to the following actions of a special meeting of all the Members. This unanimous written consent shall be filed with Minutes of the of the limited liability company and shall have like force and effect as if the resolutions and actions taken herein had been duly adopted at a special meeting of the Members of the limited liability company with all such members being present. The following resolution is hereby unanimously adopted: BE IT RESOLVED, that T. MARK STAFFORD, as COO of DRC EMERGENCY SERVICES, LLC, is authorized to negotiate and execute all proposals and bids on behalf of DRC EMERGENCY SERVICES, LLC. IN WITNESS WHEREOF, the undersigned, being Members of DRC EMERGENCY SERVICES, LLC, have hereunto set our hands on this the 24"" of May 2007. �it� T�lTIMt�.\ �l�I�]Ni�Y�E►Y:\:i.Y�l►1 LO.", 11 J. ISAKSON, (SEAL) (SEAL) THOMAS M. MARR, SR., Administrative Manager THE MERRI LYNN CAIN 2006 REVOCABLE TRUST BY• dye (SEAL) THOMAS M. MARR, SR., Its Trustee THE JAMES BRUCE MARR 2006 REVOCABLE TRUST BY:� OMAS M. MARR, SR., Its Trustee THE TARA JANE MARR WOODFIN 2006 REVOCABLE TRUST BY: SEAL) 'TftOMAS M. MARR, SR., Its Trustee THE GINA RENEE MARR TAYLOR 2006 REVOCABLE TRUST BY:L �42- ' 1-/(SEAL) THOMAS M. MARR, SR., Its Trustee THE THOMAS M. MARR, JR. 2006 REVOCABLE TRUST BY:(SEAL) THOMAS M. MARR, SR., Its Trustee THE RALPH SCOTT SHIRAH 2O06 REVOCABLE TRUST BY: (SEAL) THOMAS M. MARR, SR., Its Trustee