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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-104C 1 Temp. Reso. # 10977 June 14, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDENT TO THE 2002 AGREEMENT BETWEEN THE CITY OF TAMARAC AND GRUBBS EMERGENCY SERVICES, INC. FOR DISASTER RECOVERY SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to 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 July 12, 2000 upon the recommendation of the Assistant Director of Public Works, Fire Chief and Purchasing/Contracts Manager, the City Commission of the City of Tamarac approved R-2000-188 and executed a five (5)-year agreement with Grubbs Construction Company for disaster recovery services as a sole source vendor, a copy of said resolution attached hereto as Exhibit 1; and Temp. Reso. # 10977 June 14, 2006 Page 2 WHEREAS, based on the latest Federal Emergency Management Administration (FEMA) practices, Disaster Recovery Services contracts based on a sole source award have been scrutinized and may be deemed not eligible for reimbursement; and WHEREAS, pursuant to §2.3 of the above -mentioned agreement, Grubbs Construction Company terminated said agreement, effective June 26, 2002, therefore waiving the 60-day termination period, a copy of the termination notice attached hereto as Exhibit "2"; and WHEREAS, on April 17, 2001, Marion County awarded an agreement for Disaster Recovery Services to Grubbs Emergency Services, Inc. in response to RFQ #01Q-017; and WHEREAS, the Terms of Agreement clause in the Original Agreement states that the Agreement "shall be for five consecutive years beginning on the date of acceptance by and signatures of the County [read as "City of Tamarac"] and CONTRACTOR, whichever comes later"; and WHEREAS, the Agreement between the CONTRACTOR and Marion County, Florida was executed on April 17, 2001, and terminated on April 17, 2006; and WHEREAS, this First Amendment to the Original Contract between the parties reasserts and reaffirms that the Original Agreement was executed on June 26, 2002, and terminates on June 26, 2007, a copy of the First Amendment to the Original Agreement is attached hereto as Exhibit "3"; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing Officer the authority to waive purchasing procedures for supplies, materials and equipment which are the subject of contracts with other governmental agencies; and 1 1 1 Temp. Reso. # 10977 June 14, 2006 Page 3 WHEREAS, the Director of Public Works, Fire Chief and Purchasing/Contracts Manager recommend that the City execute an agreement with Grubbs Emergency Services, Inc. utilizing Marion County Agreement for disaster recovery 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 the First Amendment to the Original Agreement between the City of Tamarac and Grubbs Emergency Services, Inc. for disaster recovery 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 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute this First Amendment to the Original Agreement between the City of Tamarac and Grubbs Emergency Services, Inc. hereto attached as Exhibit "3"; and 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 passage and adoption. Temp. Reso. # 10977 June 14, 2006 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of j LLa 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S MUEL S. GO CITY ATTOR Y ; kANSBAUM-TALABISCO ,1 • RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD _ DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 Temporary Reso. No. 10977 — Exhibit 1 Temp. Reso. #9071 Page 1 June 26, 2000' CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000 — % ? g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND GRUBBS CONSTRUCTION COMPANY FOR DISASTER w RECOVERY. SERVICES'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND.PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to 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, Grubbs Construction Company specializes in disaster recovery services; and WHEREAS, the Assistant Public Works Director, Fire Chief and the Purchasing and Contracts Manager recommend that the City execute an agreement with Grubbs Construction Company for disaster recovery services; and Temporary Reso. No. 10977 - Exhibit 1 Temp. Reso. #9071 �► �'r �� Page 2 �•w . • :r , " � ��. ` June 26, 2000 VMH f��+SJ the Q-ity Commission of th*City.•of Tar ac� Florida deems it to be the best interest of the citizens and residents of the City of Tamarac to execute an agreement_vith Grubbs Construction Company fo-rr(<a er re�C�very services. c % ti NQW,-T.HER-EFORE, BE IT RESOLVED Y THEaG�1 Y`'COMMISSION OF TH�`r" CITY OF TAMARAC, FLORIDA, THAT: SECTION - The foregoing "WHEREAS" play�es are hereby ratified,,gnd.,,,' -t,1 ; • 4� confirmed as beirig true and correct and -are hereby m-add a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute -nr r 4 ti 'y an agreement with Grubbs Construction Company, a copy of said Agreement being hereto attached as "Exhibit 1 SECTION 3: All Resolutions or parts of Resolutions�n conflict herewith ere-; `2 a� hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution rrr'thi�rapplication thereof to a 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. 11 SECTION 5: passage and adoption. Temporary Reso. No. 10977 — Exhibit 1 Temp. Reso. #9071 Page 3 June 26, 2000 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: Mad on Sw nson, CMC ` .-;rATY CLERK C€ATIFY that TION as to form. � - r"" "'•'fir"+:u.r:_... � MITCHELL S. RRAFT CITY ATTORNEY U:\adm correspondence\agendas\9071 RE5-Grubbs Disaster Agreement.doc I—] day of ,20d0. (1 n n JOE SCHREIBER MAYOR - ,.: ,�. .. 4 r� OW 4: VIM ROB" Temporary Reso. No. 10977 — Exhibit 1 AGREEMENT FOR DISASTER RECOVERY SERVICES THIS AGREEMENT made and entered into this day of , 2000, by and between the CITY OF TAMARAC, located {n BROWARD ou ty, as a political subdivision of the State of Florida, hereinafter referred to as "CITY" and GRUBBS CONSTRUCTION COMPANY, hereinafter referred to as "CONTRACTOR" WHEREAS, the CITY lies on the East coast of the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters , events; and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CITY has determined after extensive efforts that this is an area of specialized services and as such is considered to be a sole source; it is further understood that CONTRACTOR will perform as prime contractor for all operations outlined in this Agreement. NOW, THEREFORE, CONTRACTOR, for and in consideration of the sum One Hundred Dollars and no/100 ($100.00), and for other good and valuable considerations acknowledged by the parties, said parties hereto agree as to the following: 1.1 SCOPE OF SERVICES — DEBRIS REMOVAL. It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all hazards to life and property resulting in the CITY. Clean up, demolition and removal will be limited to (1) that which is determined to eliminate immediate threats to life, public health, and safety; (2) that which has been determined to eliminate. immediate threats of significant damage to improved public or private property, and; (3) that which is considered essential to ensure economic recovery of the affected community to the benefit of the community -at -large. The Services shall consist of clean up, demolition, removal, reduction and disposal of debris as directed by the designated representative of the CITY. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement under the corresponding heading. 1.2 SCOPE OF SERVICES — TECHNICAL DISASTER RECOVERY ASSISTANCE It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the CITY. This service shall include Program Management Assistance. Specifically the Scope of Services will Page I of 6 1"emporary Reso. No. 10977 - Exhibit 1 include the items listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. 1.3 SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in this Agreement and Attachments to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice -to -Proceed as agreed upon by both parties. 1.4 PERMITS.AND REGULATIONS Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement. 1.5 SUPERVISION BY CONTRACTOR The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. The CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor by the CITY'S Authorized Representative shall be as binding as if given to the CONTRACTOR. The name(s) of the supervisor(s) will be supplied to the CITY for each issuance of a Notice -to- Proceed through an attachment to this Agreement in the form of a Memorandum for the Record. 1.6 CHANGES IN SERVICES The CITY and CONTRACTOR may at any time order changes within the scope of services without invalidating this Agreement. All changes affecting the project's costs or modifications of the terms, conditions, and the scopes of services of this Agreement shall be authorized by means of an official written Contract Change Order that is mutually agreed upon and signed by the CITY and the.CONTRACTOR. All changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. 2.1 TERM OF AGREEMENT The term of this Agreement shall be for five consecutive years beginning on the date of acceptance by and signatures of the CITY and CONTRACTOR, whichever comes later. Page 2 of 6 Temporary Reso. No. 10977 -- Exhibit 1 2.2 RENEWAL. OF AGREEMENT This Agreement may be renewable on a five-year basis after a concurrence of both parties on any negotiated chunges to the terms and specifications contained in this Agreement. Attachment 2 and Attachment 3 of this Agreement may be reviewed on an annual basis. Amended unit costs may be submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of services listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement. Such amendments shall become part of this Agreement after a concurrence and signature of both parties. 2.3 TERMINATION Either party upon 60 days written notice to the other party may terminate this Agreement. 3.1 INSURANCE AND BONDS CONTRACTOR shall name the CITY as additional insured on CONTRACTOR'S insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation - Statutory Limits of the State of Florida (or the applicable State at the time of an event); General Liability — One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella -- Five Million Dollars ($5,000,000.00) Automobile — One Million Dollars ($1,000,000.00) CONTRACTOR shall provide CITY a Certificate of Insurance evidencing such coverage. At the CITY'S option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices -to -Proceed. The cost of said bond premium will not be an additional cost to the CITY. 3.2 CERTIFICATES OF INSURANCE Required insurance shall be documented in certificates of insurance, which provide that the CITY shall be notified at least thirty (30) days in advance of cancellation, non - renewal, or adverse change. New certificates of insurance are to be provided to the CITY at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR'S obligation to fulfill the insurance requirements herein. 3.3 WARRANTY OF TITLE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise by any person or Page 3 of 6 Temporary Reso. No. 10977 — Exhibit 1 persons whomsoever to remain on file with the CITY against any money due or to become due for any work done or materials furnished under this Agreement of by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Agreement. 3.4 SUBCONTRACTING The CONTRACTOR shall be fully responsible to CITY for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontractors agreement relative to the services giving the CONTRACTOR the same powers regards terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Agreement. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon activation of the Agreement and updated by the CONTRACTOR to the CITY on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier against whom the CITY has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Broward County, Florida. All subcontractors will operate in strict accord with Subcontracting Plans and Policies, as well as local, State, and Federal laws governing this type of work 4.1 CITY OBLIGATIONS The CITY shall furnish all information and documents necessary for the commencement of work, to include valid written Notices to Proceed. A representative will be designated by the CITY to be the primary contact person for inspecting the work and answering any on -site questions prior to and after activation of this Agreement via a Notice -to -Proceed. Providing inspectors for the monitoring of debris operations shall be the responsibility of the CITY, as required by Federal law and policy governing those specific operations. This person shall be the Public Works Director or designee 5.1 PAYMENT Payment to the CONTRACTOR by the CITY will not be contingent on funding from any source. Payment shall follow the time parameters outlined in the section titled "Contractor Invoicing" of this Agreement. Page 4 of 6 Temporary Reso. No. 10977 — Exhibit 1 6.1 ENTIRE AGREEMENT This Agreement and Attachments referred to herein, contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. 7.1 JURISDICTIONNENUE The laws of the State of FLORIDA shall govern this Agreement. Venue of this Agreement shall be in Broward County, FLORIDA. 8.1 NOTICES Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager(Party who entered into Agreement) City of Tamarac 7525 N.W. 88th Avenue Tamarac. FL 33321 With a copy to the City Attorney at the same address, CONTRACTOR John G. Grubbs (Name of Contractor) President (Title of named above) Grubbs Construction Company (Name of Company) P.O. Box 10262, _ (Address) Brooksville, FL 34603 _...___._. 9.1 INDEMNIFICATION The CONTRACTOR hereby assumes the risk of loss and/or injury to property and/or persons'arising directly or indirectly from its gross negligence or willful misconduct in the performance of any of its obligations under this Agreement and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or injury, or claims, loss or injury arising as a result of this Agreement, to the extent of CONTRACTOR's negligence or willful misconduct. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against CITY arising out of CONTRACTOR's performance of this agreement arising out -of any environmental law. This indemnification shall continue beyond the term of this agreement for claims arising as a result of this agreement. CONTRACTOR shall notify CITY of such claims, Page 5 of 6 Temporary Reso. No. 10977 — Exhibit 1 liabilities, demands and suits no later than sixty (60) days after CONTRACTOR's receipt of claim. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ON BEHALF OF: CITY OF TAMARAC BROWARD COUNTY, FLORIDA r• By: t ayor Date: ) ,;L- ATTEST: Aorove8 as to form and Legal suffireiency, By:� Clerk/Deputy Clerk of the Board 7,4 City Attor ey ON BEHA F OF: GRUBB CONSTRUCTION COMPANY B- Title; President ATTEST - Secretary STATE OF FLORIDA COUNTY OF HERNANDO The foregoing instrument was acknowledged before me this n"1 aN g 2000, by Zghn &. C rt l bs as a {c . of GRUBBS CONSTRUCTION COMPANY, a Florida Corporation, on behalf of the Corporation_ He/she is personally kn wn to be or has produced e--, n as identification. ry Public O,pRY Peje<i '60)CIAL No K NDRA LASITTIG � �j 7 � Qo�lralaA IWM9EA a c cCy43097 �t MY CC0A1S%0N EXPIRM fiOF 1:1.0 !UNE 9,2002 Page 6 of 6 Temporary Reso. No. 10977 — Exhibit l AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 1 The following is a listing of services and/or tasks to be provided by CONTRACTOR to CITY upon receipt by CONTRACTOR of a Notice -to -Proceed: 1.0 SCOPE OF SERVICES — DEBRIS REMOVAL 1.1 Emergency Road Clearance The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. This operational aspect of the scope of services shall be for the first 100 (plus or minus) hours after an event from the moment of arrival, or for as long as determined by the City. Once this task is accomplished, the following tasks will begin as required. 1.2 Debris Removal from Public Property (Rights -of --way) As identified by and directed by the CITY, the CONTRACTOR shall accomplish the pick-up and hauling of all eligible debris to the Temporary Debris Staging and Reduction Sites (TDSRS's) from public rights -of -way, and shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. 1.3 Debris Removal from Public Property (Special Considerations) The Contractor will operate beyond public rights -of -way only as identified by and directed by the CITY. Operations beyond the rights -of -way on public property will be only as necessary to abate imminent and significant threats to the public health and safety of the community. These operations will be closely monitored and will be in strict compliance with 44 CFR 206.224, .Debris Removal, regarding eligibility. 1.4 Debris Removal from Private Property (Right -of Entry Program) Should an imminent threat to life, safety and health to the general public be present on private property, the CONTRACTOR as identified by and directed by the CITY, will accomplish the removal of debris from private property. Upon receipt of completed right of entry form, and hold harmless agreement from private property owner's, and execution of the non -duplication of benefits agreement from the CITY, the CONTRACTOR shall remove all eligible debris, as identified by the CITY. The CONTRACTOR will place all debris collected through this process in the right-of-way, where the above scope of Page] of S Temporary Reso, No. 10977 — Exhibit 1 services Debris Removal from Public Property (Rights -of -way) shall commence. The CITY feels that it is potentially in the best interest of the health and safety of its citizens to provide this service. The CONTRACTOR shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. 1.5 Hazardous Stumps As identified and directed by the CITY, the CONTRACTOR shall remove all hazardous stumps that pose a threat to life, public health and safety, as identified by the CITY, and haul each stump to the TDSRS's. Each stump shall be inspected by the CITY and CONTRACTOR and documented as to the appropriate category of size. 1.6 Fill Dirt As identified and directed by the CITY, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment, holes created by removal of hazardous stumps, and other areas that pose an imminent and significant threat to public health and safety. 1.7 Temporary Debris Staging and Reduction (TDSRS) The CONTRACTOR will prepare and maintain TDSRS's to accept and process all eligible storm debris; maintain the TDSRS approach and interior road(s) for the entire period of debris hauling; will provide stone for any roads that require stabilization for ingress and egress; will build and maintain a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of every load in and out which shall be further defined in documentation section below; will process all debris in accordance with all local, State and Federal rules, standards, and regulations. Processing may include, but is not be limited to, reduction by tub grinding and/or incineration when approved. Prior to reduction, all debris will be segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous wastes. All reduced debris as well as non -reducible debris will be disposed of at a location(s) agreed to by both parties. 1.8 TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Page 2 of 5 Temporary Reso. No. 10977 — Exhibit 1.9 Disaster Event Generated Hazardous Waste Abatement CONTRACTOR shall abate all hazardous waste identified by the CITY in accordance with all applicable Federal, State and local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Freon recovery will be treated as a hazardous material and handled in accordance with the aforementioned Plan and Regulations. Prices for this Service will be negotiated at time of Event dependent upon types of materials, quantities and hazards present. Prices shall be attached to the Agreement in the form of a Memorandum for the Record. 1.10 Sand Screening The CONTRACTOR shall screen all sand as directed by the CITY, to remove all eligible debris. This task includes the pick-up of debris -laden sand, hauling debris -laden sand to the processing screen located on the beach, processing the debris laden -sand through the screen and returning clean sand to the approximate original location on the beach as directed by the CITY. Debris removed from sand will be picked -up, hauled and processed utilizing the scope of services located above for Debris Removal from Public Property (Rights -of -way), 1.11 Debris Disposal The CONTRACTOR shall dispose of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all -applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the CITY. Information regarding the location of final disposal shall be attached to this Agreement. in the form of a Memorandum for the Record. The CONTRACTOR and CITY inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in cubic yards. 1.12 Documentation and Inspections All storm debris shall be subject to inspection by the CITY or any public Authority. Inspections shall be to insure compliance with the contract and applicable local, state and federal laws. The CONTRACTOR will, at all times, provide the CITY access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work and materials. The CONTRACTOR and the CITY will have in place at the TDSRS's, personnel to verify and maintain records regarding the contents and cubic yards of the vehicles Page 3 of 5 1'emporary Reso. No. 10977 — Exhibit 1. entering and leaving the TDSRS's. The CONTRACTOR and the CITY will monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the CITY will have in place at the pick-up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use, the CONTRACTOR and the CITY shall establish and record each haul truck's certified cubic yard capacity. The CONTRACTOR will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the CITY in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of CITY employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Florida Division of Emergency Management, FEMA and other applicable State and Federal Agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. 1.13. Priority of Work Areas The CITY will establish and approve all areas that the CONTRACTOR will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. There will be certain debris that is not picked up by equipment, machinery and general laborers used by the CONTRACTOR. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the CITY. 1.14 Working Hours All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the TDSRS's, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe. The CONTRACTOR shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. 1.15 White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Page 4 of 5 Temporary Reso. No. 10977 — Exhibit 1 Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. 2.0 SCOPE OF SERVICES - TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE SEE /VOTE" (1) 1. PUBLIC ASSISTANCE PROGRAM a) Damaize Survey Re ort (DSR) or Project Worksheet(PAO i) Official DSR/PW requests — Assist CITY personnel in the following: a) Identification of expenditures eligible for reimbursement b) Submission of official "request for DSR inspection" ii) Local government representation on DSR/PW team — Train and assist CITY personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work c) Review of DSR/PW for accurate unit costs iii) Recovery process documentation — Assist CITY personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. contract labor a) Recommendations to government officials on need to contract or utilize force account labor v) Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSR/PW tracking through State and Federal process c) Written and oral status reports to government officials b) Documentation Support i) Review of records system for applicability to Federal and State requirements ii) Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation iii) Assist in selection of "Clerk of Records" and provide detailed training for documentation iv) Review documentation for accuracy and quantity v) Assist in preparation of claim documentation c) Consultation and negotiation services i) Recommendations to government officials on plans of action ii) Provide guidance to government officials on issues involving Federal and State reimbursement iii) Assist CITY officials in negotiations with Federal and State officials d) Other representations as may be requested / re uired NOTE (I): This is the concept of complete recovery management support where Grubbs Construction Company's Emergency Services Division would assist an applicant on all aspects of the recovery process. Grubbs Construction Company's Emergency Services Division personnel cannot assume the Sovereign Duties of the CITY ojicials, therefore these services shall be in the form of guidance and consultation. Page 5 of 5 Temporary Reso. No. 10977 Exhibit 1 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/or tasks to be provided by CONTRACTOR to CITY upon issuance to the CONTRACTOR of a Notice -to -Proceed. Costs denoted by a dollar amount represent a unit cost for materials or an hourly rate for personnel and equipment services. Costs denoted by a unit price denote the cost per cubic yard to provide the appropriate services of debris removal. 1.0 CONTRACTOR INVOICING The CONTRACTOR may invoice the CITY not more than once every fifteen (15) days. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the invoice period and supported by such data as the CITY may reasonably require. The CITY shall, within twenty (20) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, State, and local agencies pursuant to audit requirements outlined in the Code of Federal Regulation, Title 44. Payment to the CONTRACTOR for services outlined in this Agreement shall not be contingent on funding from any source. 2.0 COSTS FOR SCOPE OF SERVICES — DEBRIS REMOVAL Measurement and Payment for Gathering, Pick-up, Hauling and Processing of Debris from Public Property (Rights -of -way) The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris. The CONTRACTOR and CITY will inspect each load to verify that the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility. No payment will be allowed for that load, and the CONTRACTOR will not invoice the CITY for such loads. For each, suitable load picked up, hauled, and processed, a record of the cubic yards will be recorded by the CONTRACTOR and CITY numbered tickets supplied by the CONTRACTOR. Copies of each load record will be available to the CONTRACTOR and the CITY'S designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The CITY may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR within five (5) working days of invoice date for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive Twenty Dollars ($20.00) cost per cubic yard for debris removal from public property (Rights of Way). Page 1 of 4 Temporary Reso. No. 10977 --- Exhibit 1 This cost is Fifteen Dollars ($15.00) per cubic yard that is picked up and hauled to a temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. This cost also includes a Five Dollars ($5.00) per cubic yard charge for processing (grinding or burning) of debris that is deposited at the temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. The two aforementioned costs are invoiced together to equate to the Twenty Dollars ($20.00) per cubic yard for simplicity and adequate tracking of debris hauled by the CONTRACTOR to the TDSRS. All debris hauled to the TDSRS by any other parties (such as residents) and processed (grinding) by the CONTRACTOR shall be invoiced at Five Dollars ($5.00) per cubic yard. For each suitable load disposed of by the CONTRACTOR, the CONTRACTOR shall receive Five Dollars and 00/100 ($5.00) per cubic yard for hauling to the final disposal site. Disposal costs (Tipping Fees) shall be invoiced to the CITY by the CONTRACTOR based on the actual City -selected site's (within Broward County limits) current tipping fee, at the time of disposal. This reference of cost does not preclude the CONTRACTOR from utilizing alternative disposal sites as agreed by both parties (See Attachment 1, Page 3, Debris Disposal, of this Agreement). 2.1 White Goods The CONTRACTOR will receive Twenty Dollars and 00/100 ($20.00) per cubic yard for pick-up and haul of white goods from public property (Rights —of- way). For each suitable load of white goods disposed of by the CONTRACTOR in county, the CONTRACTOR will receive Five Dollars and 00/100 ($5.00). If the CONTRACTOR is required to dispose of White goods outside of the county, the cost will be negotiated at the time of the event to provide the CITY with the best price for operations. 2.2 Demolition Material The cost for disposal of material generated from demolition operations will be negotiated at the time of event based on distance of haul and tipping fees to provide the CITY with reasonable cost. The cost will be negotiated by the torn. 2.3 Site Remediation TDSRS .site reclamation will be negotiated at the time of the event. Page 2 of 4 Temporary Reso. No. 10977 — Exhibit 1 Measurement and Payment for Emergency Road Clearance, Demolition of Structures, Debris Removal from Private Property, and Special Considerations on Public Property Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore, the CITY and the CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the hourly rates listed in Attachment 3 to this Agreement. A not -to -exceed amount shall be placed upon any specific work performed at an hourly rate. The CITY and the CONTRACTOR shall have inspectors in the field with each work crew to monitor, record, and sign timesheets for the actual times worked for each piece of equipment and crew member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY. 2.4 Hazardous Stumps The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires unique documentation and costing. The CITY and CONTRACTOR will measure each stump three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is established, the stump will be physically removed by the best means available. The stump will be photo documented by the CITY and recorded on a specific stump log provided by the CONTRACTOR. The CONTRACTOR shall invoice the CITY for hazardous stump and root removal and hauling to the TDSRS utilizing the following categories: Up to but less 6 inch diameter- $ 250.00 per stump 6 inch diameter and up, but less than 12 inches- $ 500.00 per stump 12 inch diameter and up, but less than 24 inches- $1,000.00 per stump 24 inch diameter and up, but less than 48 inches- $1,500.00 per stump Equal to or greater than 48 inch diameter- $2,000.00 per stump 2.5 Fill Dirt The CONTRACTOR shall invoice the CITY market price for acquiring back -fill material to level holes that pose immediate threats to the life, health and safety of the community. The fill will be quantified by the cubic yard. Placement of the back -till material will be invoiced utilizing the hourly rates listed in Attachment 3 of this Agreement. Page 3 of 4 Temporary Reso. No. 10977 — Exhibit 2.6 Sand Screening The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic yard of sand screened, to remove eligible debris deposited by and Event. This cost includes pick-up of debris laden sand, hauling to processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the CITY. Debris removed from sand will be picked -up, hauled and processed utilizing the costs located above for Debris Removal from Public Property (Rights -of - way). 3.0 COSTS FOR SCOPE OF SERVICES - TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service are included in the costs listed above. There will be no additional cost for this service. Page 4 of 4 Temporary Reso. No. 10977 — Exhibit 1 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Hourfv rstea to be aoWied to Servicos a: reforencad in Attschmant 9 of thle ann. nnr Equipment / Personnel Unit Unit Price Traffic Control Pereonnei Hour $31.00 Laborer Hour $31.00 Survey Person w/ Truck Hour $31.00 In w/ VeNde Hour 1.00 0 rator w! Chainsaw Hour 935.00 Safetv Man Hour $40.00 Poraman with thick Hour $55.00 Superintendant With Truck Hour $05.00 Climberw/Gear Hour $95.00 6-14 CY D2T2 Truck Hour $60.00 Tractor w/ Boxblade Hour $50.00 Bobcat Loader Hour $00.00 Transports Hour $90.00 Rubber -Tired Backhoe Hour 90.00 15-24 CY Dum Trucks Hour $85.00 Trackhoe 690 J.D. Hour $120.00 Motor Grader Hour $110.00 Water Truck 4000 Ga. Hour $/00.00 Dal Dozer Hour $100.00 D•5 Dozer Hour $110.00 D-6 Dozer Hour $120.00 D•7 Dozer Hour 1160.00 D-8 Dom Hour $220.00 Feller Bunchers 611 rp-Ax Hour $120.00 Skiddem 646E Hour $130,00 Front End Loader 544 Hour $110.00 Front End Loader 644 Hour $120.00 Prentice Knudcleboom Loader Hour. $140.00 50 foot Bucket tuck Hour $140,00 30 ton + crane Hour $170.00 Diamond Z or E uiv. Tub Grinder Hour $550.00 Temporary Reso. NoTetrl'j5 �teso 1�bit Page 1 of 1 April 18, 2002 Rev. #1, June 5, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TERMINATE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND GRUBBS CONSTRUCTION COMPANY FOR DISASTER RECOVERY SERVICES, - AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GRUBBS EMERGENCY SERVICES, INC., UTILIZING MARION COUNTY RFQ #01 Q-017 FOR DISASTER RECOVERY SERVICES; PROVIDING FOR Y CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to 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 July 12, 2000 upon the recommendation of the Assistant Director of Public Works, Fire Chief and Purchasing/Contracts Manager, the City Commission of the City of Tamarac approved R-2000-188 and executed a five (5)-year agreement with Grubbs Construction Company for disaster recovery services as a sole source vendor, a copy of said resolution attached hereto as Exhibit 1; and Temporary Reso. No. 1.0977 —Exhibit 2 Temp. Reso. #9795 Page 2 of 2 April 18, 2002 Rev. #1, June 5, 2002 WHEREAS, based on the latest Federal Emergency Management Administration (FEMA) practices, Disaster Recovery Services contracts based on a sole source award have been scrutinized and may be deemed not eligible for reimbursement, and WHEREAS, pursuant to §2.3 of the above -mentioned agreement, Grubbs Construction Company will terminate said agreement, effective June 26, 2002, therefore waiving the 60-day termination period, a copy of the termination notice attached hereto as Exhibit 2; and WHEREAS, on April 17, 2001, Marion County awarded an agreement for Disaster Recovery Services to Grubbs Emergency Services, Inc. in response to RFQ #01 Q-617; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing Officer the authority to waive purchasing procedures for supplies, materials and equipment which are the subject of contracts with other governmental agencies; and WHEREAS, the Director of Public Works, Fire Chief and Purchasing/Contracts Manager recommend that the City execute an agreement with Grubbs Emergency Services, Inc. utilizing Marion County Agreement for disaster recovery 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 an agreement with Grubbs Emergency Services, Inc. utilizing Marion County Agreement for disaster recovery services. "Temporary Reso. No. 10977 — Exhibit 2 Temp. Reso. #9795 Page 3 of 3 April 18, 2002 Rev. #1, June 5, 2002 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 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to terminate the agreement between the City of Tamarac and Grubbs Construction Company for disaster services. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement with Grubbs Emergency Services, a copy of said agreement attached hereto as Exhibit 3, utilizing Marion County RFQ #01 Q-017 for Disaster Recovery Services, a copy of said RFQ attached hereto as Exhibit 4. SECTION 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. Temporary Reso. No. 10977 -- Exhibit 2 SECTION 6: passage and adoption. Temp. Rew. #9795 Page 4 of 4 April 18, 2002 Rev. #1, June 5, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 26th day of June, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form ITCHELKRAFT CITY ATTORNEY J E 5 HREIBER MMAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE Wadm correspondence\agenda s\9795RES-Grubbs Disaster Recovery Services Agreement.doc N Temporary Reso. No. 1.0977 —Exhibit 2 EXHIBIT 1 CITY OF TAMARAC, FLORIDA TEMP. RESO. No.� RESOLUTION NO. R-2000 — % F 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND GRUBBS CONSTRUCTION COMPANY FOR DISASTER RECOVERY SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to variety of natural disasters including hurricanes and tomadoes; 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, Grubbs Construction Company specializes in disaster recovery services; and WHEREAS, the Assistant Public Works Director, Fire Chief and the Purchasing and Contracts Manager recommend that the City execute an agreement with Grubbs Construction Company for disaster recovery services; and Temporary Reso. No. 10977 - Exhibit 2 Temp. Reso. #9071 Page 2 June 26, 2000 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 an agreement with Grubbs Construction Company for disaster recovery 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 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an agreement with Grubbs Construction Company, a copy of said Agreement being hereto attached as "Exhibit 1 ". 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. Temporary Reso. No. 10977 — Exhibit 2 Temp. Reso. #9071 Page 3 June 26, 2000 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: Marion Swenson, CMC CITY CLERK I HEREBY CERTIFY that I approved this RESOLUTION as to form. MITCHELL S. KRAFT CITY ATTORNEY %�; day of U:\adm corre§pondenCe\agentlas\9071FIE S-Grubbs Disaster Agreement.doc ,�. JOE SCHREIBER MAYOR RECORD OF COMMISSION voir DIET 4: VIM "Oes 8 Temporary Reso, No. 10977 — Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES THIS AGREEMENT made and entered into this/!day of , 2000, by and between the CITY OF TAMARAC, located n BROWARDitourity, as a political subdivision of the State of Florida, hereinafter referred to as "CITY" and GRUBBS CONSTRUCTION COMPANY, hereinafter referred to as "CONTRACTOR" WHEREAS, the CITY lies on the East coast of the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters , events; and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CITY has determined after extensive efforts that this is an area of specialized services and as such is considered to be a sole source; it is further understood that CONTRACTOR will perform as prime contractor for all operations outlined in this Agreement. NOW, THEREFORE, CONTRACTOR, for and in consideration of the sum One Hundred Dollars and no/100 ($100.00), and for other good and valuable considerations acknowledged by the parties, said parties hereto agree as to the following: 1.1 SCOPE OF SERVICES — DEBRIS REMOVAL It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all hazards to life and property resulting in the CITY. Clean up, demolition and removal will be limited to (1) that which is determined to eliminate immediate threats to life, public health, and safety; (2) that which has been determined to eliminate immediate threats of significant damage to improved public or private property, and; (3) that which is considered essential to ensure economic recovery of the affected community to the benefit of the community -at -large. The Services shall consist of clean up, demolition, removal, reduction and disposal of debris as directed by the designated representative of the CITY. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement under the corresponding heading. 1.2 SCOPE OF SERVICES — TECHNICAL DISASTER RECOVERY ASSISTANCE It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the CITY. This service shall include Program Management Assistance. Specifically the Scope of Services will Page l of 6 Temporary Reso. No. 10977 — Exhibit 2 include the items listed in Attachment 1, and priced in Attachment 2 of this Agreement under the corresponding heading. 1.3 SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in this Agreement and Attachments to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice -to -Proceed as agreed upon by both parties. 1.4 PERMITS AND REGULATIONS Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement. 1.5 SUPERVISION BY CONTRACTOR The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. The CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor by the CITY'S Authorized Representative shall be as binding as if given to the CONTRACTOR. The name(s) of the supervisor(s) will be supplied to the CITY for each issuance of a Notice -to- Proceed through an attachment to this Agreement in the form of a Memorandum for the Record. 1.6 CHANGES IN SERVICES The CITY and CONTRACTOR may at any time order changes within the scope of services without invalidating this Agreement. All changes affecting the project's costs or modifications of the terms, conditions, and the scopes of services of this Agreement shall be authorized by means of an official written Contract Change Order that is mutually agreed upon and signed by the CITY and the CONTRACTOR. All changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. 2.1 TERM OF AGREEMENT The term of this Agreement shall be for five consecutive years beginning on the date of acceptance by and signatures of the CITY and CONTRACTOR, whichever comes later. Page 2 of 6 Temporary Reso, No. 10977 —Exhibit 2 2.2 RENEWAL OF AGREEMENT This Agreement may be renewable on a five-year basis after a concurrence of both parties on any negotiated changes to the terms and specifications contained in this Agreement. Attachment 2 and Attachment 3 of this Agreement may be reviewed on an annual basis. Amended unit costs may be submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of services listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement. Such amendments shall become part of this Agreement after a concurrence and signature of both parties. 2.3 TERMINATION Either party upon 60 days written notice to the other party may terminate this Agreement. CONTRACTOR shall name the CITY as additional insured on CONTRACTOR'S insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation - Statutory Limits of the State of Florida (or the applicable State at the time of an event); General Liability — One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella --- Five Million Dollars ($5,000,000.00) Automobile — One Million Dollars ($1,000,000.00) CONTRACTOR shall provide CITY a Certificate of Insurance evidencing such coverage. At the CITY'S option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices -to -Proceed. The cost of said bond.premium will not be an additional cost to the CITY. 3.2 CERTIFICATES OF INSURANCE Required insurance shall be documented in certificates of insurance, which provide that the CITY shall be notified at least thirty (30) days in advance of cancellation, non - renewal, or adverse change. New certificates of insurance are to be provided to the CITY at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR'S obligation to fulfill the insurance requirements herein. 3.3 WARRANTY OF TITLE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise by any person or Page 3 of 6 Temporary Reso. No. ] 0977 — Exhibit 2 persons whomsoever to remain on file with the CITY against any money due or to become due for any work done or materials furnished under this Agreement of by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Agreement. 3.4 SUBCONTRACTING The CONTRACTOR shall be fully responsible to CITY for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontractors agreement relative to the services giving the CONTRACTOR the same powers regards terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Agreement. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon activation of the Agreement and updated by the CONTRACTOR to the CITY on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier against whom the CITY has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Broward County, Florida. All subcontractors will operate in strict accord with Subcontracting Plans and Policies, as well as local, State, and Federal laws governing this type of work, 4.1 CITY OBLIGATIONS The CITY shall furnish all information and documents necessary for the commencement of work, to include valid written Notices to Proceed. A representative will be designated by the CITY to be the primary contact person for inspecting the work and answering any on -site questions prior to and after activation of this Agreement via a Notice -to -Proceed. Providing inspectors for the monitoring of debris operations shall be the responsibility of the CITY, as required by Federal law and policy governing those specific operations. This person shall be the Public Works Director or designee 5.1 PAYMENT Payment to the CONTRACTOR by the CITY will not be contingent on funding from any source. Payment shall follow the time parameters outlined in the section titled "Contractor Invoicing" of this Agreement. Page 4 of 6 Temporary Reso. No. 10977 -- Exhibit 2 6.1 ENTIRE AGREEMENT This Agreement and Attachments referred to herein, contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. 7.1 JURISDICTIONNENUE The laws of the State of FLORIDA shall govern this Agreement. Venue of this Agreement shall be in Broward County, FLORIDA. 8.1 NOTICES Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. 1. MA City Manager -(Party (Party who entered into Agreement) Ci of Tamarac 7525 N.W. 88th Avenue Tamarac FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR John G. Grubbs (Name of Contractor) President (Title of named above) Grubbs Construction Company (Name of Company) P.O. Box 10262 (Address) Brooksville. FL 34603 9.1 INDEMNIFICATION The CONTRACTOR hereby assumes the risk of loss and/or injury to property and/or persons arising directly or indirectly from its gross negligence or willful misconduct in the performance of any of its obligations under this Agreement and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or injury, or claims, loss or injury arising as a result of this Agreement, to the extent of CONTRACTOR's negligence or willful misconduct. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against CITY arising out of CONTRACTOR's performance of this agreement arising out -of any environmental law. This indemnification shall continue beyond the term of this agreement for claims arising as a result of this agreement. CONTRACTOR shall notify CITY of such claims, Page 5 of 6 Temporary Reso. No. 10977 — Exhibit 2 liabilities, demands and suits no later than sixty (60) days after CONTRACTOR's receipt of claim. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ON BEHALF OF: CITY OF TAMARAC BROWARD COUNTY, FLORIDA r By: ayor Date: _ 1 d '-;_0 o d ATTEST: Aorove8 as to form and Legal su iency. Clerk/Deputy Clerk of the Board City Attor ey ON BEHA F OF: GRUBB CONSTRUCTION COMPANY B. Title: President rif 14 AV, aq. 0 . WN STATE OF FLORIDA COUNTY OF HERNANDO The foregoing instrument was acknowledged before me this M QM q 2000, by M;�bn GG . G rubb,5 as l�r�s�d�k _ _ of GRUBBS CONSTRUCTION COMPANY, a Florida Corporation, on behalf of the Corporation. He/she is ersonall kn n to be or has produce as identification. ry Public OFFICIAL NOI'AFly SEAL Q�PaY PV@`' KENDRA L SITTIAG = I CI CO OMON MUM' CC743097 MY CCMMISao" FXPIFM FOF PVQ J'JNE 9,2002 Page 6 of 6 Temporary Reso. No. 10977 —1 xhibIt 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 1 The following is a listing of services and/or tasks to be provided by CONTRACTOR to CITY upon receipt by CONTRACTOR of a Notice -to -Proceed: 1.0 SCOPE OF SERVICES — DEBRIS REMOVAL 1.1 Emergency Road Clearance. The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. This operational aspect of the scope of services shall be for the first 100 (plus or minus) hours after an event from the moment of arrival, or for as long as determined by the City. Once this task is accomplished, the following tasks will begin as required. 1.2 Debris Removal from Public Property (Rights -of -way) As identified by and directed by the CITY, the CONTRACTOR shall accomplish the pick-up and hauling of all eligible debris to the Temporary Debris Staging and Reduction Sites (TDSRS's) from public rights -of -way, and shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. 1.3 Debris Removal from Public Property (Special Considerations) The Contractor will operate beyond public rights -of -way only as identified by and directed by the CITY. Operations beyond the rights -of -way on public property will be only as necessary to abate imminent and significant threats to the public health and safety of the community. These operations will be closely monitored and will be in strict compliance with 44 CFR 206.224, Debris Removal, regarding eligibility. 1.4 Debris Removal from Private Property (Right -of Entry Program) Should an imminent threat to life, safety and health to the general public be present on private property, the CONTRACTOR as identified by and directed by the CITY, will accomplish the removal of debris from private property. Upon receipt of completed right of entry form, and hold harmless agreement from private property owner's, and execution of the non -duplication of benefits agreement from the CITY, the CONTRACTOR shall remove all eligible debris, as identified by the CITY. The CONTRACTOR will place all debris collected through this process in the right-of-way, where the above scope of Page 1 of 5 Temporary Reso. No. 10977 --- Exhibit 2 services Debris Removal from Public Property (Rights -of -way) shall commence. The CITY feels that it is potentially in the best interest of the health and safety of its citizens to provide this service. The CONTRACTOR shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. 1.5 Hazardous Stumps As identified and directed by the CITY, the CONTRACTOR shall remove all hazardous stumps that pose a threat to life, public health and safety, as identified by the CITY, and haul each stump to the TDSRS's. Each stump shall be inspected by the CITY and CONTRACTOR and documented as to the appropriate category of size. 1.6 Fill Dirt As identified and directed by the CITY, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment, holes created by removal of hazardous stumps, and other areas that pose an imminent and significant threat to public health and safety. 1.7 Temporary Debris Staging and Reduction. (TDSRS) The CONTRACTOR will prepare and maintain TDSRS's to accept and process all eligible storm debris; maintain the TDSRS approach and interior road(s) for the entire period of debris hauling; will provide stone for any roads that require stabilization for ingress and egress; will build and maintain a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of every load in and out which shall be further defined in documentation section below; will process all debris in accordance with all local, State and Federal rules, standards, and regulations. Processing may include, but is not be limited to, reduction by tub grinding and/or incineration when approved. Prior to reduction, all debris will be segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous wastes. All reduced debris as well as non -reducible debris will be disposed of at a location(s) agreed to by both parties. 1,8 TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Page 2 of 5 Temporary Reso. No. 10977 — Exhibit 2 1.9 Disaster Event Generated Hazardous Waste Abatement CONTRACTOR shall abate all hazardous waste identified by the CITY in accordance with all applicable Federal, State and local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Freon recovery will be treated as a hazardous material and handled in accordance with the aforementioned Plan and Regulations. Prices for this Service will be negotiated at time of Event dependent upon types of materials, quantities and hazards present. Prices shall be attached to the Agreement in the form of a Memorandum for the Record. 1.10 Sand Screening The CONTRACTOR shall screen all sand as directed by the CITY, to remove all eligible debris. This task includes the pick-up of debris -laden sand, hauling debris -laden sand to the processing screen located on the beach, processing the debris laden -sand through the screen and returning clean sand to the approximate original location on the beach as directed by the CITY. Debris removed from sand will be picked -up, hauled and processed utilizing the scope of services located above for Debris Removal from Public Property (Rights -of -way). 1.11 Debris Disposal The CONTRACTOR shall dispose of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all -applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the CITY. Information regarding the location of final disposal shall be attached to this Agreement in the form of a Memorandum for the Record. The CONTRACTOR and CITY inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in cubic yards. 1.12 Documentation and Inspections All storm debris shall be subject to inspection by the CITY or any public Authority. Inspections shall be to insure compliance with the contract and applicable local, state and federal laws. The CONTRACTOR will, at all times, provide the CITY access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work and materials. The CONTRACTOR and the CITY will have in place at the TDSRS's, personnel to verify and maintain records regarding the contents and cubic yards of the vehicles Page 3 of S Temporary Reso. No. 10977 — Exhibit 2 entering and leaving the TDSRS's. The CONTRACTOR and the CITY will monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the CITY will have in place at the pick-up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use, the CONTRACTOR and the CITY shall establish and record each haul truck's certified cubic yard capacity. The CONTRACTOR will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the CITY in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of CITY employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Florida Division of Emergency Management, FEMA and other applicable State and Federal Agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. 1.13 Priority of Work Areas The CITY will establish and approve all areas that the CONTRACTOR will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. There will be certain debris that is not picked up by equipment, machinery and general laborers used by the CONTRACTOR. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the CITY. 1.14 Working Hours All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the TDSRS's, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe. The CONTRACTOR shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. 1.15 White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Page 4 of 5 Temporary Reso. No. 10977 — Exhibit 2 Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. 2.0 SCOPE OF SERVICES - TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE SEE NOTE (1) 1. PUBLIC ASSISTANCE PROGRAM a) Damage Survey Report (DSR) or Project Worksbeet P i) Official DSR/PW requests — Assist CITE/ personnel in the following: a) Identification of expenditures eligible for reimbursement b) Submission of official "request for DSR inspection" Local government representation on DSR/PW team — Train and assist CITY personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work c) Review of DSR/PW for accurate unit costs iii) Recovery process documentation - Assist CITE' personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. contract labor a) Recommendations to government officials on need to contract or utilize force account labor v) Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSR/PW tracking through State and Federal process c) Written and oral status reports to government officials b) Documentation Support i) Review of records system for applicability to Federal and State requirements ii) Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation iii) Assist in selection of "Clerk of Records" and provide detailed training for documentation iv) Review documentation for accuracy and quantity v) Assist in preparation of claim documentation c) Consultation and negotiation services i) Recommendations to government officials on plans of action ii) Provide guidance to government officials on issues involving Federal and State reimbursement iii) Assist CITY officials in negotiations with Federal and State officials d) Other representations as may be re uested / re aired NOTE (1): This is the concept of complete recovery management support where Grubbs Construction Company's Emergency Services Division would assist an applicant on all aspects of the recovery process. Grubbs Construction Company's Emergency Services Division personnel cannot assume the Sovereign Duties of the CITY officials, therefore these services shall be in the form ofguidance and consultation. Page 5 of 5 Temporary Reso. No. 10977 — Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/or tasks to be provided by CONTRACTOR to CITY upon issuance to the CONTRACTOR of a Notice -to -Proceed. Costs denoted by a dollar amount represent a unit cost for materials or an hourly rate for personnel and equipment services. Costs denoted by a unit price denote the cost per cubic yard to provide the appropriate services of debris removal. 1.0 CONTRACTOR INVOICING The CONTRACTOR may invoice the CITY not more than once every fifteen (15) days. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the invoice period and supported by such data as the CITY may reasonably require. The CITY shall, within twenty (20) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, State, and local agencies pursuant to audit requirements outlined in the Code of Federal Regulation., Title 44. Payment to the CONTRACTOR for services outlined in this Agreement shall not be contingent on funding from any source. 2.0 COSTS FOR SCOPE OF SERVICES -- DEBRIS REMOVAL Measurement and Payment for Gathering, Pick-up, Hauling and Processing of Debris from Public Property (Rights -of -way) The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris. The CONTRACTOR and CITY will inspect each load to verify that the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility. No payment will be allowed for that load, and the CONTRACTOR will not invoice the CITY for such loads. For each suitable load picked up, hauled, and processed, a record of the cubic yards will be recorded by the CONTRACTOR and CITY numbered tickets supplied by the CONTRACTOR. Copies of each load record will be available to the CONTRACTOR and the CITY'S designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The CITY may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR within five (5) working days of invoice date for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive Twenty Dollars ($20.00) cost per cubic yard for debris removal from public property (Rights of Way). Page 1 of 4 Temporary Reso. No. 10977 — Exhibit 2 This cost is Fifteen Dollars ($15.00) per cubic yard that is picked up and hauled to a temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. This cost also includes a Five Dollars ($5.00) per cubic yard charge for processing (grinding or burning) of debris that is deposited at the temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. The two aforementioned costs are invoiced together to equate to the Twenty Dollars ($20.00) per cubic yard for simplicity and adequate tracking of debris hauled by the CONTRACTOR to the TDSRS. All debris hauled to the TDSRS by any other parties (such as residents) and processed (grinding) by the CONTRACTOR shall be invoiced at Five Dollars ($5.00) per cubic yard. For each suitable load disposed of by the CONTRACTOR, the CONTRACTOR shall receive Five Dollars and 00/100 ($5.00) per cubic yard for hauling to the final disposal site. Disposal costs (Tipping Fees) shall be invoiced to the CITY by the CONTRACTOR based on the actual City -selected site's (within Broward County limits) current tipping fee, at the time of disposal. This reference of cost does not preclude the CONTRACTOR from utilizing alternative disposal sites as agreed by both parties (See Attachment 1, Page 3, Debris Disposal, of this Agreement). 2.1 White Goods The CONTRACTOR will receive Twenty Dollars and 00/100 ($20.00) per cubic yard for pick-up and haul of white goods from public property (Rights —of- way). For each suitable load of white goods disposed of by the CONTRACTOR in county, the CONTRACTOR will receive Five Dollars and 00/100 ($5.00). If the CONTRACTOR is required to dispose of white goods outside of the county, the cost will be negotiated at the time of the event to provide the CITY with the best price for operations. 2.2 Demolition Material The cost for disposal of material generated from demolition operations will be negotiated at the time of event based on distance of haul and tipping fees to provide the CITY with reasonable cost. The cost will be negotiated by the ton. 2.3 Site Remediation TDSRS site reclamation will be negotiated at the time of the event. Page 2 of 4 Temporary Reso, No. 10977 -- Exhibit 2 Measurement and Payment for Emergency Road Clearance, Demolition of Structures, Debris Removal from Private Property, and Special Considerations on Public Property Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore, the CITY and the CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the hourly rates listed in Attachment 3 to this Agreement. A not -to -exceed amount shall be placed upon any specific work performed at an hourly rate. The CITY and the CONTRACTOR shall have inspectors in the field with each work crew to monitor, record, and sign timesheets for the actual times worked for each piece of equipment and crew member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY. 2.4 Hazardous Stumps The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires unique documentation and costing. The CITY and CONTRACTOR will measure each stump three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is established, the stump will be physically removed by the best means available. The stump will be photo documented by the CITY and recorded on a specific stump log provided by the CONTRACTOR. The CONTRACTOR shall invoice the CITY for hazardous stump and root removal and hauling to the TDSRS utilizing the following categories: Up to but less 6 inch diameter- $ 250.00 per stump 6 inch diameter and up, but less than 12 inches- $ 500.00 per stump 12 inch diameter and up, but less than 24 inches- $1,000.00 per stump 24 inch diameter and up, but less than 48 inches- $1,500.00 per stump Equal to or greater than 48 inch diameter- $2,000.00 per stump 2.5 Fill Dirt The CONTRACTOR shall invoice the CITY market price for acquiring back -fill material to level holes that pose immediate threats to the life, health and safety of the community. The fill will be quantified by the cubic yard. Placement of the back -fill material will be invoiced utilizing the hourly rates listed in Attachment 3 of this Agreement. Page 3 of 4 "T'ernporary Reso. No. 10977 — Exhibit 2 2.6 Sand Screening The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic yard of sand screened, to remove eligible debris deposited by and Event. This cost includes pick-up of debris laden sand, hauling to processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the CITY. Debris removed from sand will be picked -up, hauled and processed utilizing the costs located above for Debris Removal from Public Property (Rights -of - way). 3.0 COSTS FOR SCOPE OF SERVICES -- TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM 1: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service are included in the costs listed above. There will be no additional cost for this service. Page 4 of 4 Temporary Reso. No. 10977 — Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Hourly rates to be applied to Services as referenced in Attachment 2 of this Agreement E ui ment ! Personnel Unit Unit Price Traffic Control Personnel Hour $31.00 Laborer Hour $31.00 Surygy Person w/ Truck Hour $31.00 Inspector w/ Vehicle Hour $31.00 Op2rator w/ Chainsaw Hour $35.00 Safety Man Hour $40,00 Foreman with buds Hour $55.00 SuEnrintendant with Truck Hour $65.00 Climber w/Gear Hour $95.00 5-14 CY Duqje Truck Hour $60.00 Tractor w/ BoOlade Hour $50,00 Bobcat Loader Hour $60.00 Trans Hour S90.00 Rubber -Tired Bac roe Hour $90,00 15-24 CY Dum Trucks Hour $65.00 Trackhoe 690 J.D. Hour $120.00 Motor Grader Hour $110.00 Water Truck 4000 Ga. Hour $100.00 D-4 Dozer Hour MOM D-5 Dozer Hour $110.00 D-6 Dozer Hour $120.00 D-7 Dozer Hour $160.00 D-8 Dozer Hour $220.00 Feller Bunchers 611Hydro-AX Hour 120.00 Skidders 648E Hour $130.00 Front End Loader $44 Hour $110.00 Front End Loader 644 Hour $120.00 Prentice Knuckleboom Loader Hour $140.00 50 foot Bucket hick Hour 140.00 30 ton + crane Hour $170.00 Diamond Z or Equiv, Tub Grinder Hour $550.00 06/13/02 15:25 FAX 9547242454 Temporary Reso. No. 10977 -- Exhibit 2 CITY OF TANAAAC CIT EXHIBIT 2 ?V. JUN 13 Pit 2: 3 I RECEIVED) ,'--"13Y OF Tit RAC CITY klAtlIAGE,R P.O. BOX 40262 BROOMY1114 FL 34603 City Tamarac Mr, Jeffrey L. lbftller citymmw 7525 NW ge Avenue Tamarac, FL 33321-2401 TEMP. RESQ. No..222,�,, CONSTnuCTION COMPANY JOWN G. 61WOD5 President J'um 7, 2002 RE: TERMNA?ION of DISASTER RECOVERY SERVICES AGREEDIENT Dear Mr. Moller. PHONE (352) 796.1912 FAX (352) 7964US Pursuant to section 2.3 (p.3 of 6) of the current Agrwment for Disaster Recoveary Services be v=n Grubbs Construction Company and the City of Tamarac, this leer serves 19 written notice to terminate said AV=ncnt Recent Federal Emergency Management Administration (FEMA) practices demonstrate that disaster recovery contracts based on a sole source award may be deemed not eligible for reimbursement. Consequently, it would in the best interest of both parties to terminate the current agreement and execute a new agreement based on FEMA acceptable reunbursemcM guidelines. Further. it is understood that the termination is of mut W consent between Qrubbs & the City. Due to the best intatstof both parties, this Agreement is hereby tenninsted as of Sum 26, 2002, thus waving the 60-day tewmination period outlined in Sec:don 2.3. Please call me @ 727432-0546 if you have acuy questims- T anlcyou. Rewzdwly yours, Tanner VYce Prekdent GRUBBS EMERGENCY SERVICES, INC. Temporary Reso. No. 10977 — Exhibit 2 AGREEMENT THIS AGREEMENT is entered into on VAX- (Q 2002 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 ("the City") and Grubbs Emergency Services, Inc_, a Florida corporation with principal offices located at 1115 S. Main Street, Brooksville, FL 34603 (Contractor) for the purpose of providing disaster recovery services to the City of Tamarac. The parties hereby agree to the following terms and conditions. Contractor shall comply with the terms and conditions within the Marion County Contract #RFQ-01 Q-017 attached hereto as Exhibit 1. All terms and conditions of contract documents set forth in Exhibit 1 are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Attachment A incorporated as if set forth in full. Upon execution of this Agreement, all references made to the Marion County Contract #RFQ-01 Q-017 in Exhibit 1 shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibit 1 shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "Marion County" or "County" appear, they shall be read as "City of Tamarac". This agreement and Exhibit 1 and Attachment A constitute the entire agreement between the City and the Contractor, Grubbs Emergency Services, Inc. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Anthony Tanner (V.P.) Grubbs Emergency Services, Inc. 1115 S Main Street Brooksville, FL 34603 Temporary Reso. No. 10977 — Exhibit 2 IN WITNESS WHEREOF, the parties on the respective dates under each signatur and Grubbs Emergency Services, Inc. sign President, duly authorized to execute same. ATTEST: Marion Swenson; CMC City Clerk Datf� ATTEST - Corporate 7& &0 der �_.61s11q.- Type/Print Name of Corporate Secy. it: kP.6RATE SEAL) e have made and executed this Agreement . CITY OF TAMARAC, through its Mayor ing by and through John G. Grubbs, its L+3W&GIA IIIVJ,I_T.7To3 J,�6 Schreiber, Mayor Date Z Jeffrey L. ille , City Manager . dcv� Date: to form and bf���/at Mitchell S. Kraft, Cify Attorney Grubbs Emergencuy Services, Inc. ture o re—s en John G. Grubbs Type/Print Name of President 14-C-15 - o2- Date Temporary Reso. No. 10977 — Exhibit 2 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF BErryyw4a : I 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 G. Grubbs of Grubbs Emergency Services, 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 APRIL...._ 2002. KENDRA L SM10 ' MY COMMISSION N DO 1014a2 EXPIRE$; June 8, 2006 eaWed. Tt ru Notary PUAc Undo Mom Signature of No ry blic State of Flon at L e odrd L . 5 t-�-S il G- 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. Temporary Reso. No. 10977 - Exhibit 2 CERTIFIED RESOLUTION 1, &O&A (Name), the duly elected Secretary of Q- &4arr_en tvi9*(Cgrporate Title), a corporation organized and existing under the laws of the State of trc. rt %,o.- , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT GrL (Name)" the duly elected _'C25n-b w (Title of Officer) of r (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or IBid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME O v _tt . G'f LAS KwNav,%, L . G t-i TITLE '-Pre-5 ►0H n r Given under my hand and the Seal of the said corporation this day of AMIL 2002. -- Se eta orporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Attachment K Page 1 of 1 Certified Resolution Temporary Reso. No. 10977 ,- Exhibit 2 Attachment A Modifications to RFQ #01Q-017 specific to the City of Tamarac Agreement for Disaster Recovery Services Attachment 1 DEBRIS DISPOSAL The CONTRACTOR shall dispose of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all -applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the GOINITc2nCT-AC CITY _-Geptance of the County- Information regarding the location of final disposal shall be attached to this Agreement in the form of a Memorandum for the Record. The CONTRACTOR and CITY inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in cubic yards er tons ms of the e (eGute Ag-FeE ent; Agreement for Disaster Recovery Services Attachment 2 CONTRACTOR INVOICING The CONTRACTOR may invoice the CITY not more than once every Seven (7) fifteen 15 days. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the invoice period and supported by such data as the CITY may reasonably require. The CITY shall, within fr.w4ee^ (1 4) twent 20) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, State, and local agencies pursuant to audit requirements outlined in the Code of Federal Regulation, Title 44. Payment to the CONTRACTOR for services outlined in this Agreement shall not be contingent on funding from any source. DEBRIS DISPOSAL. For each suitable load disposed of by the CONTRACTOR in Broward County, the CONTRACTOR shall receive Five Dollars and 001100 ($5.00) per cubic yard for hauling to the final disposal site. If CONTRACTOR is required to dispose of material outside of Broward County, the cost will be negotiated at the time of the event to provide the 4 +tPAY Ci!y with the best price for operations. 5trW*#rQ4 Y+ are deletions and underlined are additions. Temporary Reso. No. 10977 - Exhibit 2 Disposal costs (Tipping Fees) shall be invoiced to the CountyCITY by the CONTRACTOR based on the actual City -selected site (within Broward County limits) current tipping fee, loGat*on, at the time of disposal. This reference of cost does not preclude the CONTRACTOR from utilizing alternative disposal sites as agreed by both parties (See Attachment 1, Page 3, Debris Disposal, of this Agreement). Soh are deletions and underlined are additions. 3526203390 PLIRCHAS I NG Temporpe °�-PQ17 — E �b�� , 0, 12: 43 Marion County Board of County Commissioners EXHIBIT"1" Purchasing Department 5215.E-2U ' 4 D-ILI, FLv,,44 3401 (3S2)620-;W - 5 .+ 667- 3371 - (352) 620-3390 June 12, 2001 Grubbs Emergency Services, Inc. P.O. Box 10262 Brooksville, F134603 Re: Award of RFQ # O] Q-017 Emergency Debris N nagement Dear Mr. Grubbs; On behalf of the Marion County Board of County Commissioners, it is our pleasure to notify you that your firm was awarded the subject bid Please complete all required entries and execute with authorized signatures, four (4) orWaal copies of the attached Contract Documents, and return to the Purchasing Department. If you have any questions feel flee to call. Sincerely, ID Diane Tucker Marion County Board. of County Commissioners Purchasing Director Temporary Reso. No. 10977 — Exhibit 2 ITEM # April 17, 2001 AGENDA ITEM MARION COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: PROPOSAL RESULTS RFQ# O1 Q-017 - Emergency Debris Management INITIATOR: Diane Tucker UTILIZING DEPARTMENT: Administration Purchasing Agent DESCRIPTION/BACKGROUND: Emergency Debris Management firms were asked to submit their qualifications in order to provide a pre - event contract for clean-up, demolition, and removal of debris in the event of a disaster, and to provide disaster recovery technical assistance to the County. The Selection Committee was composed of the following members: Jim Lowry - County Administrator Donna Dees - Property Appraisers George Long - County Engineering Tom Worley - Marion County Sheriffs Office The Selection Committee short-listed the eight submitted proposals in order to bring in the following firms for presentations. The following represent the firms as ranked by the Selection Committee: Name of Firm Ranking Grubbs Emergency Svcs 1 Crowder Gulf 2 DRC, Inc. 3 [fhillips & Jordan 4 BUDGET IMPACT: There is no initial cost to the County for the Pre -Event Contract. RECOMMENDED ACTION: Motion to execute a Pre -Event contract with Grubbs Emergency Services, in order to provide Emergency Debris Management Services. Temporary Reso. No. 10977 -- Exhibit 2 AGREEMENT FOR DISASTER RECOVERI' SERVICES THIS AGREEMENT made and entered into this 17th day of Aril , 2001, by and between the Marion County, as apolitical subdivision of the State of Florida, hereinafter referred to as "COUNTY" and GRUBBS EMERGENCY SERVICES, INC., hereinafter referred to as "CONTRACTOR" WHEREAS, the COUNTY lies in the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters (Events); and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the COUNTY, resulting from these Events; and WHEREAS, the CONTRACTOR will perform as prime contractor for all operations outlined in this Agreement. SCOPE —OF —SERVICES ONE - DEBRIS REMOVAL It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all hazards to life and property resulting in the COUNTY. Clean up, demolition and removal will be limited to (1) that which is determined to eliminate immediate threats to life, public health, and safety; (2) that which has been determined to eliminate immediate threats of significant damage to improved public or private property, and; (3) that which is considered essential to ensure economic recovery of the affected community to the benefit of the community -at -large. The Services shall consist of clean up, demolition, removal, reduction and disposal of debris as directed by the designated representative of the COUNTY. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement tinder the corresponding heading, SCOPE OF SERVICES TWO - TECHNICAL DISASTER RU O�'ERY ASSISTANCE It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the COUNTY. This service shall include Program Management Assistance. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. IJ L-� MARION COUNTY PUP.CHASING DEPARTMENT Temporary Reso. No. 10977 — Exhibit 2 SERVICES AND FACEITIES It is understood that, except as otherwise specifically stated in this Agreement and Attachments to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice -to - Proceed as agreed upon by both parties. PERMITS AND REGUALTIONS Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement. SUPERVISION BY CONTRACTOR The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. The CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall have :full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor by the COUNTY's Authorized Representative shall be as binding as if given to the CONTRACTOR. The name(s) of the supervisor(s) will be supplied to the COUNTY for each issuance of a Notice- to- Proceed through an attachment to this Agreement in the form of a Memorandum for the Record. CHANGES IN SERVICES The COUNTY and CONTRACTOR may at any time order changes within the scope of services without invalidating this Agreement. All changes affecting the project's costs or modifications of the terms, conditions, and the scopes of services of this Agreement shall be authorized by means of an official written Contract Change Order that is mutually agreed upon and signed by the COUNTY and the CONTRACTOR. All changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. TE OF AGREEMENT The term of this Agreement shall be for five consecutive years beginning on the date of acceptance by and signatures of the COUNTY and CONTRACTOR, whichever comes later. RENEWAL OF AGREEMENT This Agreement may be renewable on a five-year basis after a concurrence of both parties on any negotiated changes to the terms and specifications contained in this Agreement. Attachment 2 and Attachment 3 of this Agreement may be reviewed on an annual basis. Amended unit costs Temporary Reso. No. 10977 — Exhibit 2 may be submitted by CONTRACTOR to COUNTY to reflect the current disaster recovery market value of services listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of this Agreement. Such amendments shall become part of this Agreement after a concurrence and signature of both parties. TERMINATION Either party upon 365 days written notice to the other party may terminate this Agreement INSURANCE AND BONDS CONTRACTOR shall name the COUNTY as additional insured on CONTRACTOR's insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation - Statutory Limits of the State of Florida (or the applicable State at the time of an event); General Liability - One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella - Five Million Dollars ($5,000,000.00) Automobile - One Million Dollars ($1,000,000.00) CONTRACTOR shall provide COUNTY a Certificate of Insurance evidencing such coverage. At the COUNTY's option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices -to -Proceed. The cost of said bond premium will not be an additional cost to the COUNTY. CERTIEICATES OF I �NCE Required insurance shall be documented in certificates of insurance which provide that the COUNTY shall be notified at least thirty (30) days in advance of cancellation, non -renewal, or adverse change. New certificates of insurance are to be provided to the COUNTY at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the COUNTY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR's obligation to fulfill the insurance requirements herein. W'ARR.ANTY OF T TLE AND WAIVER OF T.IEN The CONTRACTOR shall not at any time suffer of permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise by any person or persons whomsoever to remain on file with the COUNTY against any money due or to become due for any work done or materials funxushed under this Agreement of by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Agreement. Temporary Reso. No. 10977 — Exhibit 2 SUBCONTRACTING The CONTRACTOR shall be fully responsible to COUNTY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontractors relative to the services give the CONTRACTOR the same powers regards terminating any subcontract that the COUNTY may exercise over the CONTRACTOR under any provisions of this Agreement. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the COUNTY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the COUNTY upon activation of the Agreement and updated by the CONTRACTOR to the COUNTY on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier against whom the COUNTY has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the COUNTY. All subcontractors will operate in strict accord with Subcontracting Plans and Policies, as well as local, State, and Federal laws governing this type of work. COUNTY OBLIGATIONS The COUNTY shall furnish all information and documents necessary for the commencement of work, to include valid written Notices to Proceed. A representative will be designated by the COUNTY to be the primary contact person for inspecting the work and answering any on -site questions prior to and after activation of this Agreement via a Notice -to -Proceed. Providing inspectors for the monitoring of debris operations shall be the responsibility of the COUNTY, as required by Federal law and policy governing those specific operations. This person shall be Allen Ellison — Solid Waste De t PAYMENT Payment to the CONTRACTOR by the COUNTY will not be contingent on funding from any source. Payment shall follow the time parameters outlined in the section titled "Contractor Invoicing" of this Agreement. ENTIRE AG EME T This Agreement and Attachments referred to herein, contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. Temporary Reso. No. 10977 — Exhibit 2 JURISDTCTTONNENUE The laws of the State of FLORIDA shall govern this Agreement. Venue of this Agreement shall be in Marion County, FLORIDA, ATTEST.- Clerk/Deputy Cler of the Board DAVID R. ELLapERm NN ATTEST: Sec tart' Board bf County Commission Date: Aril 17 2001 Approved as to form and legal su By: Y Attorney ON BEHALF OF: GRUBBS EMERGENCY SERVICES, INC. By:_ . 4�x .— Title: Anthonv Tanner Vice -President Temporary Reso. No. 10977 -- Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment I The following is a listing of services and/or tasks to be provided by CONTRACTOR to COUNTY upon receipt by CONTRACTOR of a Notice -to -Proceed: SCOPE OF SERVICES ONE - DEBRIS REMOVAL Emergency Road Clearance The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the COUNTY. This operational aspect of the scope of services shall be for the first 100 (plus or minus) hours after an event. Once this task is accomplished, the following tasks will begin as required. Debris Removal from Public Property (Rights -of -way) As identified by and directed by the COUNTY, the CONTRACTOR shall accomplish the pick- up and hauling of all eligible debris to the Temporary Debris Staging and Reduction Sites (TDSRS's) from public rights -of -way, and shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. Debris Removal from Public Property (Special Considerations) The Contractor will operate beyond public rights -of -way only as identified by and directed by the COUNTY. Operations beyond the rights -of -way on public property will be only as necessary to abate imminent and significant threats to the public health and safety of the community. These operations will be closely monitored and will be in strict compliance with 44 CFR 206.224, Debris Removal, regarding eligibility, Debris Removal from Private Property (Right -of Entry Program) Should an imminent threat to life, safety and health to the general public be present on private property, the CONTRACTOR as identified by and directed by the COUNTY, will accomplish the removal of debris from private property. Upon receipt of completed right of entry form, and hold harmless agreement from private property owner's, and execution of the non -duplication of benefits agreement from the COUNTY, the CONTRACTOR shall remove all eligible debris, as identified by the COUNTY. The CONTRACTOR will place all debris collected through this process in the right-of-way, where the above scope of services Debris Removal from Public Property (Rights -of -way) shall commence. The COUNTY feels that it is potentially in the best interest of the health and safety of its citizens to provide this service. Attached to this Agreement are copies of the forms to be executed by the individual property owners. The CONTRACTOR shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. Temporary Reso. No. 10977 -- Exhibit 2 Hazardous Stumps As identified and directed by the COUNTY, the CONTRACTOR shall remove all hazardous stumps that pose a threat to life, public health and safety, as identified by the COUNTY, and haul each stump to the TDSRS 's. Each stump shall be inspected by the COUNTY and CONTRACTOR and documented as to the appropriate category of size, Fill Dirt As identified and directed by the COUNTY, the CONTRACTOR shall place compatible fill dirt in ruts created by equipment, holes created by removal of hazardous stumps, and other areas that pose an imminent and significant threat to public health and safety. Temporary Debris Staging and Reduction (TDSRS) The CONTRACTOR will, prepare and maintain TDSRS's to accept and process all eligible storm debris, maintain the TDSRS approach and 'interior road(s) for the entire period of debris hauling; will provide stone for any roads that require stabilization for ingress and egress; will build and maintain a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of every load in and out which shall be further defined in documentation section below; will process all debris in accordance with all local, State and Federal rules, standards, and regulations. Processing may include, but is not be limited to, reduction by tub grinding andj'or incineration when approved. Prior to reduction, all debris will be segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous µ,astes. All reduced debris as well as non -reducible debris will be disposed of at a location(s) agreed to by both parties. TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Disaster Event Geuerated Hazardous Waste Abatement CONTRACTOR shall abate all hazardous waste identified by the COUttirTY in accordance ith all applicable Federal, State and local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Freon recovery will be treated as a hazardous material and handled in accordance with the aforementioned Plan and Regulations. Prices for this Service will be negotiated at time of Event dependent upon types of materials, quantities and hazards present. Prices shall be attached to the Agreement in the form of a Memorandum for the Record. Temporary Reso. No. 10977 — Exhibit 2 Sand Screening The CONTRACTOR shall screen all sand as directed by the COUNTY, to remove all eligible debris. This task includes the pick-up of debris -laden sand, hauling debris -laden sand to the processing screen located on the beach, processing the debris laden -sand through the screen and returning clean sand to the approximate original location on the beach as directed by the COUNTY. -Debris removed from sand will be picked -up, hauled and processed utilizing the scope of services located above for Debris Removal from Public Property (Rights-of-,vay). Debris Disposal The CONTRACTOR shall dispose of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all -applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the CONTRACTOR with prior acceptance of the COUNTY. Information regarding the location of final disposal shall be attached to this Agreement in the form of a Memorandum for the Record_ The CONTRACTOR and COUNTY inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in cubic yards or tons depending on terms of the executed Agreement. Documentation and Inspections All storm debris shall be subject to inspection by the COUNTY or any public Authority. Inspections shall be to insure compliance with the contract and applicable local, state and federal laws. The CONTRACTOR will, at all times, provide the COUNTY access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating federal or state agency shall be permitted to inspect all work and materials. The CONTRACTOR and the COUNTY will have in place at the TDSRS's, personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSRS's. The CONTRACTOR and the COUNTY will monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the COUNTY will have in place at the pick-up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use, the CONTRACTOR and the COUNTY shall establish and record each haul truck's certified cubic yard capacity COUNTY. The CONTRACTOR will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the COUNTY in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of COUNTY employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Florida Division of Emergency Management, FEMA and other applicable State and Federal Agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies, Priority of Work Areas The COUNTY will establish and approve all areas that the CONTRACTOR will be allowed to work: Daily and/or weekly scheduled meetings will be held to determine approved work areas. Temporary Reso. No. 10977 — Exhibit 2 The CONTRACTOR shall remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. There will be certain debris that is not picked up by equipment, machinery and general laborers used by the CONTRACTOR. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the COUNTY. Working Hours All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the TDSRS's, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe. The CONTRACTOR shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. Temporary Reso. No. 10977 .. Exhibit 2 SCOPE OF SERVICES TWO - TECHNICAL DISASTER Y AS T TANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE s,,ENoTE(1) I . PUBLIC ASSISTANCE PROGRAM a) Damage Suryty Re ort tnqP or Pro'ect Workshect PW i) Official DSR/PW requests - Assist COUNTY personnel in the following: a) Identification of expenditures eligible for reimbursement b) Submission of official "request for DSR inspection" ii) Local government representation on DSR/PW team - Train and assist COUNTY personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work c) Review of DSR/PW for accurate unit costs iii) Recovery process documentation - Assist COUNTY personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. contract labor a) Recommendations to government officials on need to contract or utilize force accountlabor v) Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSR/PW tracking through State and Federal process c) Written and oral status reports to government officials b) Documentation support i) Review of records system for applicability to Federal and State requirements ii) Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation in) Assist in selection of "Clerk of Records" and provide detailed training for documentation iv) Review documentation for accuracy and quantity v) Assist in preparation of claim documcntation c) Consultation and a otiation ervices i) Recommendations to government officials on pIans of action Provide guidance to government officials on issues involving Federal and State reimbursement Assist COUNTY officials in negotiations with Federal and State officials d) Other representations as may -be requested / required NOTE (1): This is the concept of complete recovery management support where Grubbs Emergency Services, Inc would assist an applicant on all aspects of the recovery process. Grubbs Emergency Services, Inc. personnel cannot assurne the Sovereign Duties of the COUNTY officials, therefore these services shall be in the form ofguidance and consultation. Temporary Reso. No. 10977 --- Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of casts for technical services and/or tasks to be provided by CONTRACTOR to COUNTY upon issuance to the CONTRACTOR of a Notice -to - Proceed. Costs denoted by a dollar amount represent a unit cost for materials or an hourly rate for personnel and equipment services. Costs denoted by a unit price denote the cost per cubic yard to provide the appropriate services of debris removal. J CONTRACTOR INVOICING The CONTRACTOR may invoice the COUNTY not more than once every Seven (7) days. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the invoice period and supported by such data as the COUNTY may reasonably require. The COUNTY shall, within fourteen (14) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, State, and local agencies pursuant to audit requirements outlined in the Code of Federal Regulation, Title 44. Payment to the CONTRACTOR for services outlined in this Agreement shall not be contingent on funding from any source. COSTS FOR SCOPE OF SERVICES ONE -- DEBRIS REMOVAL Measurement and Payment for Gathering, Pick-up, Hauling and Processing of Debris from Public Property (Rights -of -way) The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris, The CONTRACTOR and COUNTY will inspect each load to verify that the contents are in accordance with the accepted definition of eligible debris 11'anv load is detennined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility.` No payment will be allowed for that load, and the CONTRACTOR will not invoice the COUNTY for such loads. for each suitable load picked up, hauled, and processed, a record of the cubic yards will be recorded by the CONTRACTOR and COUNTY numbered tickets supplied by the CONTRACTOR. Copies of each load record will be available to the CONTRACTOR and the COUNTY's designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The COUNTY may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR Within five (S) working days of invoice date for additional clarification prior to payment of those tickets. Temporary Reso. No. 10977 --- Exhibit 2 The CONTRACTOR shall receive Twenty Dollars and 00/100 ($20.00) per cubic yard tier debris removal from public property (Rights of Way), This cost is Fifteen Dollars and 00/ 100 ($15.00) per cubic yard that is picked up and hauled to a temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. This cost also includes a Five Dollars and 00/100 ($5,00) per cubic yard charge for processing (grinding or burning) of'debris that is deposited at the temporary debris storage and reduction site (TDSRS) by the CONTRACTOR. The two aforementioned costs are invoiced together to equate to the Twenty Dollars and 00100 (320.00) per cubic yard for simplicity and adequate tracking of debris hauled by the CONTRACTOR to the TDSRS. All debris hauled to the TDSRS by any other parties (such as residents) and processed ( reduced) by the CONTRACTOR shall be invoiced at Five Dollars and 00/100 ($5.00) per cubic yard. Debris Disposal For each suitable load disposed of by the CONTRACTOR in county, the CONTRACTOR will receive Five Dollars and 00/100 ($5.00) per cubic yard. Ifthe CONTRACTOR is required to dispose of material outside of the county, the cost will be negotiated at the time ofthe event to provide the COUNTY with the best price for operations. Disposal costs (Tipping Fees) shall be invoiced to the COUNTY by the CONTRACTOR based on the MARION County Landfill's actual current tipping fee, regardless of final disposal location, at the time of disposal. This reference of cost does not preclude the CONTRACTOR from utilizing alternative disposal sites as agreed by both parties (See Attachment 1, Page 5, Ue brrs Disposal, of this Agreement). NN'hite Goods The CONTRACTOR will receive Twenty Dollars and 00/100 ($20.00) per cubic yard for pick-up and haul of white goods from public property (Rights —of- way). For each suitable load of white goods disposed of by the CONTRACTOR in county, the CONTRACTOR will receive Five Dollars and 00/100 ($5.00) per cubic yard. If the CONTRACTOR is required to dispose of white goods outside of the county, the cost will be negotiated at the time of the event to provide the COUNTY with the best price for operations. Temporary Reso. No. 10977 — Exhibit 2 Demolition Material The cost for disposal of material generated from demolition operations will be negotiated ; at the time of event based on distance of haul and tipping fees to provide the COUNTY NOth reasonable cost. The cost will be negotiated by the ton. Site Remediation TDSRS site reclamation will be negotiated at the time of the event. Measurement and Payment for Emergency Road Clearance, Demolition of Structures, Debris Removal from Private Property, and Special Considerations on Public Property Measurement of these services utilizing other than an hourly rate is difficult at best and Would potentially lend itself to unnecessary disputes. Therefore, the COUNTY and the CONTRACTOR agree that the CONTRACTOR shall invoice the COUNTY utilizing the hourly rates listed in Attachment 3 to this Agreement. A not -to -exceed amount shall be Placed upon anv specific work performed at an hourly rate The COUNTY and the CONTRACTOR shall have inspectors in the Feld with each work crew to monitor, record, and sitrn timesheets for the actual times worked for each piece of equipment and crew member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the COUNTY. Hazardous Stumps The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires unique documentation and costing. The COUNTY and CONTRACTOR will measure each stump three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is established, the stump will be physically removed by the best means available. The stump will be photo documented by the COUNTY and recorded on a specific stump log provided by the CONTRACTOR. The CONTRACTOR shall invoice the COUNTY for hazardous stump and root removal and hauling to the TDSRS utilizing the following categories: Up to but less 6 inch diameter- $ 250.00 per stump 6 inch diameter and up, but less than 12 inches- $ 500.00 per stump 12 inch diameter and up, but less than 24 inches- $1,000,00 per stump 24 inch diameter and up, but less than 48 inches- $1,500.00 per stump Equal to or greater than 48 inch diameter- $2,000.00 per stump Temporary Reso. No. 10977 -- Exhibit 2 Fill Dirt The CONTRACTOR shall invoice the COUNTY market price for acquiring back -fill material to level holes that pose immediate threats to the life, health and safety of the community. The fill will be quantified by the cubic yard. Placement of the back -fill material will be invoiced utilizing the hourly rates listed in Attachment 3 of this Agreement. Sand Screening The CONTRACTOR shall invoice the COUNTY Ten Dollars and 00/100 ($10.00) per cubic yard of sand screened, to remove eligible debris deposited by and Event. This cost includes pick-up of debris laden sand, hauling to processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the COUNTY. Debris removed from sand will be picked -up, hauled and processed utilizing the costs located above for Debris Removal from Public Property (Rights-of- \vay ). COSTS FOR SCOPE OF SERVICES TWO — TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service are included in the costs listed above. There will be no additional cost for this service. Temporary Reso. No. 10977 — Exhibit 2 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Hourly rates to be applied to Services as referenced In Attachment 2 of this Agreement Equipment / Personnel Unit Unit Price Traffic Control Personnel Hour $31 00 Laborer Hour $31.00 Serve Person w/ Truck Hour $31.00 Inspector w/ Vehicle Hour $31.00 Operator w/ Chainsaw Hour $35 00 Safety Man Hour $40.00 Foreman with truck Hour $55.00 Su erintendant with Truck Hour $65.00 Climber w/Gear Hour $95.00 5-14 CY Dump Truck Hour $60.00 Tractor w/ Boxblade Hour $50.00 Bobcat Loader Hour $60.00 Transports Hour $90.00 Rubber -Tired Backhoe Hour $90.00 15-24 CY Dump Trucks Hour $85.00 25-34 CY Dump Trucks Hour $95.00 35-44 CY Dump Trucks Hour $100.00 45-54 CY -Dump Trucks Hour $105.00 55-64 CY Dump Trucks Hour $110.00 65-74 CY Dump Trucks Hour $115.00 75 + CY Dump Trucks Hour $135.00 Trackhoe 690 J.D. Hour $120,00 Temporary Reso. No. 10977 — Exhibit 2 Motor Grader Hour $110.00 Water Truck 4000 Ga. Hour $100.00 D-4 Dozer Hour $100,00 D-5 Dozer Hour $110.00 D-6 Dozer Hour $120.00 D-7 Dozer Hour $160.00 0-8 Dozer Hour $220.00 Feller Bunchers 611 H dro-Ax Hour $120.00 Skidders 648E Hour $130.00 Front End Loader 544 Hour $110.00 Front End Loader 644 Hour $120.00 Prentice Knuckleboom Loader Hour $140.00 50 foot Bucket truck Hour $140,00 30 ton t crane Hour $170.00 Diamond Z or Equiv. Tub Grinder Hour $55o.Q0 Fill Dirt Market Price Temporary Reso. No. 10977 — Exhibit 2 Permit and Declaration Right of Entry, Hold Harmless and Non -Duplication of Benefits Right of Entry Me the owners) of the property commonly identified as Within the Town of do hereby grant and give freely and without coercion, the right of access and entry to said property to the government of Town of its agents, contractors, and subcontractors thereof, for the purpose of demolishing and/or removing and/or clearing any or all storm - generated debris of whatever nature from the above described property. Hold Harmless It is fully understood that this permit is not an obligation upon the government to perform debris removal. The undersigned agrees and warrants to hold harmless the Federal Government of the United States of America (to include, but not limited to, the Federal Emergency management Agency), the State of (to include, but not limited to, the Department of Civil Emergency Management) County, its agents, contractors, and subcontractors for damages of any type, whatsoever, either to the above described property or persons situated thereon and hereby release, discharge, and waive any action, either legal or equitable that might arise out of any activities on the above described property. The property owner(s) will mark any sewer lines, septic tanks, water lines, and utility lines located on the described property, Non -Duplication of Benefits Me (have _, have not _)(will _, will not __) receive (d) any compensation for debris removal from any other source including SBA, ASCS, private insurance, individoal and family grant program, I will report, for the above described property, any insurance settlements to me or my family for debris removal that has been preformed at government expense, and reimburse the any funds received for said services from any of the aforementioned sources. I am fully aware that an individual who fraudulently or willfully misstates any fact in connection with this agreement shall be subject to a fine of not more than $10,000.00 or imprisonment of not more than one year, or both, for the considerations and purposes set forth herein, Sworn and Attested: Print Name Signature Print Name Signature I hereby set hand this day of Witnessed 1999. Print Name Signature 17 Temporary Reso. No. 10977 — Exhibit 2 Matron County - Board of County Commissioners Purchasing Deparunent 32__ :.E. 6t:, CCuwt, G za=3, ._o;._-da a;-.-`_ REQUEST FOR QUALIFICATIONS FOR Emergency Debris Management Pre -Event Contract RFQ # O 1 Q-017 Dear Vendor; Thank you for your interest in doing business with the Marion County Board of County Commissioners. Currently, we are soliciting bids on behalf of the Marion County Board of County Commissioners for Emergency Debris Management. Listed below is some pertinent information regarding this Request for Qualifications (RFQ): Request for Qualifications regarding: RFQ number: A pre -event contract in order to provide clean-up, demolition and removal of debris in the event of a disaster, To provide disaster recovery technical assistance to the County. O1Q-017 Due Date: February 13, 2001- 5:00 p.m, at the Marion County Purchasing Department, 521 SE 26`h Court Ocala, Fl 34471 Contract Period: Please direct any questions regarding the RFQ documents and specifications to the Marion County Purchasing Department at (352) 620-3378. We look forward to working with you. Sincerely; Diane Tucker Purchasing Director Marion County Board of County Commissioners Temporary Reso. No. 10977 -- Exhibit 2 Solicitation of Qualifications for: Emergency Debris Management Pre -Event Contract Part 1 Marion County Board of County Commissioners announces that it is requesting qualifications from eligible firms, to enter into a pre -event contract at no immediate cost to the County for the following services: Clean-up, demolition, removal, reduction and disposal of debris as directed by the County in order to eliminate immediate threats to life, public health, and safety. To eliminate immediate threats of significant damage to improved public or private property and that which is considered essential to ensure economic recovery of the affected community. To provide disaster recovery technical program management assistance to appointed and elected County officials. One or more proposers may be selected to provide differing elements or levels of scope of work in accordance with the capabilities and extent of involvement each respondent proposes. Qualified firms are invited to notify the Marion County Purchasing Department of their interest in this project. Qualified firms should submit six (6) copies of their qualifications and submittals requested in this invitation. All information should be submitted to the address below, by the required date. Shmv the title "Emergency Debris Management" on all documents. MAIL OR DELIVER COMPLETED RESPONSES TO: Diane Tucker, Purchasing Director Marion County Purchasing Department McPherson Complex 521 S. E. 26`h Ct. Ocala, FI 34471 All proposals must be received not later than 5:00 p.m. local time February 13, 2001. The County assumes no responsibility for responses received after the stated time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling, or any other reason. Late responses will be held unopened and not considered for award. 2 Temporary Reso. No. 10977 — Exhibit 2 Part 2 -Scone of Services: The qualified firm will develop and present the scope of services, meeting Marion County's needs. The work to be undertaken includes but is not limited to the following: a. Emergency Road Clearance - Removal of debris from the primary transportation routes as directed by the County. b, Debris Removal from Public Property - Removal of debris from public rights -of -way. Removal of debris beyond public rights -of -way as necessary to abate imminent and/or significant threats to the public health and safety of the community. c. Debris Removal from Private Property - Should an imminent threat to life, safety, and health to the general public be present on private property, the Contractor, as directed by the County, will accomplish the removal of debris from private property. d. Temporary Debris Staging and Reduction (,rDSRS) - The Contractor will prepare and maintain a sufficient number of TDSRS facilities to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include maintenance of the TDSRS approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. All debris shall be processed in accordance with local, state and federal law, standards and regulations. Processing shall include, but is not limited to, reduction by tub grinding and/or incineration when approved by the County. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste e. Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by the County in accordance with all applicable Federal, State and local laws, standards and regulations. f. Debris Disposal - Disposal of all eligible debris, reduced debris, ash residue and other products of the debris management process in accordance with all -applicable Federal, State and local laws, standards, and regulations. g. Documentation and Inspections - Storm debris shall be subject to inspection by the County. Inspections will be to insure compliance with the contract and applicable local, state and federal laws. The Contractor will, at all times, provide the County access to all 3 Temporary Reso. No. 10977 — Exhibit 2 work sites and disposal areas. The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TDSRS's) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSRS's. The Contractor will assist the County in preparation ofFederal(FEMA) and State reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, FEMA and other applicable State and Federal Agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. h. Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. White Goods - The Contractor may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Hazardous Stumps - The Contractor shall remove all stumps that are determined to be hazardous to public access and as directed by the County. Stumps shall be hauled to TDSRS where they shall be inspected and categorized by size. k. Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of the County. Documentation and Recovery Process -� Contractor will provide the following assistance in addition to debris removal: L Recovery process documentation - create recovery process documentation plan. I Maintain documentation of recovery process. 3- Provide written and oral status reports as requested to the County, 4. Review documentation for accuracy and quantity. S. Assist in preparation of claim documentation. Part 3 - Submittals: Interested firms should state their interest in this project by submitting six (b) copies of the following: A. Letter of interest and understanding on Firm stationery; 4 Temporary Reso. No. 10977 — Exhibit 2 13. Proposed response plan and experience in debris management as applies to the scope of services in part 2 and the list of scenarios in part 4. C. List of costs associated with technical services and/or tasks to be provided by the Contractor D. Description of Firm to include the following: 1. Legal name, years in business, officers, staff size, and staff breakdown by classification, 2. List of all disaster specific experience within the last 5 years, including response time, client, contact person, cost per project. 3. List of equipment available for recovery projects. 4. All Insurance coverage information required for this type of work. 5. List of legal actions brought against the Firm within the last five years. b. At least three letters of reference. 7. Drug Free Workplace Certificate 8. Contractor must submit a copy of a license to do business of this nature in Marion County. 5 Temporary Reso. No. 10977 — Exhibit 2 PART 4 - SCOPE OF WORK SCENARIOS SPOT JOBS -LOCALIZED - In this event, the Contractor may be called upon only to provide retrieval, hauling and/or reduction by chain saw of localized woody debris. The work will more likely be assisting government resources. 2. SMALL EVENT - WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide all necessary supervision, labor, and all equipment to clean, remove, haul, recycle, and/or dispose of all types of debris with its own resources, except that government land may be provided for temporary storage. 3. SIGNIFICANT EVENT - REMOVAL, REDUCTION, HAULING - WOODY DEBRIS ONLY - WIDESPREAD OR COUNTktiWIDE - In the event the Contractor may provide all necessary supervision, labor, and all equipment to remove, reduce (grind and mulch) and }caul woody debris to a disposal site designated manned, and operated by a government agency or contractor. 4. SIGNIFICANT EVENT - REMOVAL, REDUCTION, HAULING, AND SEPARATING MIXED DEBRIS - WIDESPREAD OR COUNTYWIDE - In the event the Contractor may provide all necessary supervision, labor, and all equipment to remove, reduce (grind, and mulch) and haul woody debris to a disposal site designated, managed, and operated by a government agency or contractor. CATASTROPHIC EVENT - REMOVAL, REDUCTION, HAULING, AND SEPARATING MIXED DEBRIS - COUNTYWIDE - In the event the Contractor may provide all necessary supervision, labor, and all equipment to remove, reduce, recycle, and haul mixed debris to multiple disposal sites designated managed and operated by government agencies. 6. CATASTROPHIC EVENT - SITE MANAGEMENT - COUNTYWIDE - In the event the Contractor will be tasked to plan, setup, mobilize equipment, manage operate and close one or more debris management sites county -wide including burn operation. The Contractor will be responsible for all necessary traffic control, weighing, measuring, reduction, recycling, and all other necessary operations for the operation of the site(s) through close out. Proposers shall prove experience with site management and FEMA requirements, rules and regulations to qualify for this scope. 7. CATASTROPHIC EVENT - TOTAL MANAGEMENT - COUNTYWIDE - In this event, the Contractor will be tasked to combine site management and field operations listed above for the removal through disposal of mixed debris at multiple and different type sites Temporary Reso. No. 10977 Exhibit 2 countywide. Proposers shall prove experience with overall management and FEMA requirements, rules and regulations to qualify for this scope. .Part 5 - Selection Process: A selection committee appointed and approved in accordance with the Marion County Procurement Code will review all proposals and make a recommendation to the Board of County Commissioners based upon the established proposal evaluation criteria. A selected group of Contractors may be required to make an oral presentation to the Selection Committee. Such a presentation will provide an opportunity for the Contractors to clarify the information provided in their proposal. If oral presentations are given, the final decision of the Selection Committee will be based on the tabulation from the oral presentations. The Professional Services Selection Committee will present its recommendations to the Board of County Commissioners, which has the authority to make the final determination and award contracts - ;Evaluation Criteria - 'Experience of Contractor performing work of similar scope and size 35 points 'Ability to complete the project 35 points Compliance with RFQ conditions 20 points Cost --------- .....___ - ---- ----- 10_oints Part 6 _ Conditions: The County reserves the right to accept and/or reject any or all proposals; to waive any irregularity, variance, or informality whether technical or substantial in nature; and to negotiate with all qualified .Firms in keeping with the best interests of the County. An award resulting from this RFQ shall be awarded to the Firm whose proposal is determined to be most advantageous to Marion County, One or more proposers may be selected to provide differing elements or levels of scope of work in accordance with the capabilities and extent of involvement each respondent proposes - Part 7 - Clarifications: No oral interpretations will be made to any Proposer as to the meaning of the Proposal Documents. Any inquiry or request for interpretation received by three (3) days prior to the date fixed for receipt of Proposals will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be distributed to all prospective Bidders prior to the established due date- Each Proposer shall acknowledge receipt of such addenda - Part $ - Other Agencies All respondents awarded contracts from this Request for Qualifications are given the right upon agreement of both parties to permit other municipalities or governmental agencies to participate in the contract under the same price, terms and conditions. It is understood that at no time will any city or municipality or other agency be obligated for placing an order for any other city, municipality or agency- Further it is understood that each agency will issue its own purchase order to the awarded respondents. Temporary Reso. No. I b 1714-lrxb'Klf I ACO/ZQ CERTIFICATE OF LIABILITY INSURANCE CAI L IMWVLI;Yi) THIS CERTIFICATE IS ISSUED AS A MATTER OF i"t;k57RM;JION ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE I -as' HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL�LE'! THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1111 AFFORDING COVERAGE �NSUKFU lval 'aINSURERS ------------ '4SVRtFA' A ericT,? Ff adi nq NSURE-Ft C. FL 3�75Z !a r "ISURER 0: COVERAGES POL Ci •. S OF IN S UPA 1,CL LIS f EO BC LOV'i H AVE e E EN I SS UE 0 TIC HE I NSJRF 1) N AAA ED ARCV In I'OR 'f-I E FICLICY FE R 100 IN Cl',-A f HS r N I TERM OR CONDITION OF ANY CONI RAC 1, OR OTHER DCCJMEN-1 'vVITH RESPECT To ,VHICH IHi,5 CERTIFICATE MAY BE (SSjEC OR 'III," pf'. 'Lil' T4- INSURANCE AFFICRUED SY THE POLICIES DESCRlaEDHERE!N IS SUSJeCT 'OALL THE TERNIS. EXCLUSIONSANIJ CONOI"'Qr-5 OF SU,-ri 101LIC E GGzUi-ATE, LIMITS S�-OWIN 'AAy HAVE @EEII REDUCED BY �C, CiLA,,'41, 7 IJRAN�E POLICY NUIIMER I r ------- �t; �))` INS OA7f _NL=yyj� DATELnrrrs Uh k:KAL LAWLI'Y Y $ 71DtI.,IfRQ 4,L !�Nt�RAL L i-,F-L T'� PARE r,�NA�3ir &e, xe hw S • 0FhF.FVk, lakll L 1,3.1 MT APPv ES °ER $ Lcc I.IABILIrY $44RD «Nl E;CU1� '4JURI A? . . ........ ... .... R 17 1" COL NjURY rl Autl- 44",T I TirFR fIiAN .A ACC o.�ML� LX':'I;3 S LAliilL]T f EACH '-CCURFICN'. CL A F?S M�,L t h AI, Ll t 2.A UTH, i WORKLM-: COMPbNSi;,l Ot4 AK fiat Q, o 6 1; 1;.t EQFLOYE:91��'UABILATY L PI S E R ...... E.1 friA,".HA--CENT ER A I ION SIL OC Al IONS�Y E HI CLL SA X CLU MING ADOU)6�TiW5IT �7?4IMPE-CtALPRCVISIONs e to Cl'? 1paqed altir:lar't I TIF(CATE HOLDER ADDIMNAL 11,15UREC. INSL*tEF4 LE r,ER CANCELLATION ISHOULD ANY Of 71`119ABOVE DESCRIBED PCUCIES tit, CANCELLED BEFORE THE EXPIRA-1,CN DATE THEREOF, THE ISSUING INSURER WILL LNVEAVUR 10 MAIL 30 DAYS WF(Ill LN NOrICE TO ime cER'nFicA'rk: MOLEER NAME C 10' ME LkPl. aU'r tAILQMt. IQ' L)O!5C SHALL IMPOSE NO Ott LIGA r OPY OR LIjkEI IL trY OF AN)' KINI' UPON I HE IN S U f(k R, 1,S A,S EN T 4 OR ii wry. "'x RLPRIcStiN IAl IVkIL AUTHORIZED 914PRIO"IATIVE A V;W 25�S (7197) rrofeesaOna- OACORD CORPORATION 1988 ell 621824 HC:VIYUTM UtH TIFICATE OF LIABILITYUNSUf Mi0977 - E hi pZ pl PRdDucER 888-229-8021 FAX (813)229-2795 M • E. WIJW K�Conpany, Inc, ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE 300 W. Platt St. , Ste 20U HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 373 Tampa, FL 33601 INSURERS AFFORDING COVERAGE /] /� / ■ )f� INSURED Grubbs Construction Co. jLnc. INSURER Transcontinental Ins Co, - Grubbs Emergency Services, Inc. (GESI) INSURERS: Transportation Insurance Go. P.O. Box 10262 INSURER United States Fire Ins Co. Brooksville, FL 34603 INSURERD: 35-796-5358 INSURER E; COVERAGES 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDfRON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN, THE INSURANCE AFFORDEp BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAM POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED EY PAID CLAIMS. TRrUABlUry SURANCE PCLJCYNUMBER DATE 0 DATE D 41081868972 08/22/2001 10/01/200GENERAL LJANu TY ADE M OCCUR Aual Liab ent contra GEN'L AG�IREGATE LIMIT APPLIES PER: POLICY JECaT LOC AUTOMOBILE UABIUTY X ANYAUTO ALL OWNED AUTOS A SCHEDULED AUTOS X HIRED AUTOS IX NON -OWNED AUTOS PIP Limit S10,00o Ued.,$500-Comp,Coll GARAGE LIABILITY ANY AUTO PEXCESS LIABILITY OCCUR Il CLAIMS MADE C 1�J DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B rft�1757 U a/2z/2oQl 10/01/ Date of Review: /� / Acceptable Not Acceptable (Note Deficienci��%W) 37440071 1 1010112001110/01/2002 151649 .11213112000 12/3 t�,�ov )ESCROTION OF OPERATIONS&OCA716NSyVEHICLENF_7(CLUSIONS AOOED BYPNDORSEMENT/sPECL4L PROVISIONS .Certificate Holder is recognized as additional insured with respects to and Auto Liability as their interest may appear. RE:Disaster Recovery Services :ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER; City of Tamarac Albert Cohen -Purchasing 7525 N.W, 88th Avenue Room 108 Tamarac, FL 33321-2401 FAX: (954)724-2408 CANCELLATION SHOULD ANY OF THE ABOVE DE ")BED POUC7ES BE CANCELLED BEFORE THE FJ iRATION DATE THEMOF, THE ISSUING COMPANY WILL. ENDEAVOR TOMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTI LE SHALL IMPOSE NO OBU CATION OR LULBI LITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Livengood/K]B THIS CERTIFICATE MAY BE ISSUED OR S, EXCLUSIONS AND CONDITIONS OF SUCH LIMITS 2 EACH 0G;IRRENCE s 1, 000, 00 FIRE DAMAGE (Arty on. Are) sAOOO, MED EXP (Any one perm) S PERSONAL $ ADV INJURY $ GENERAL AGGREGATE $PRODUCES-COMP/CpAGG s COMBINED SINGLE LIMIT (Ea acciden[) $ 1, 000, 00 OODILYINJURY Per peraw) $ BODILYINJURY Per accident) s PROPERTY DAMAGE Per acddenO AUTO ONLY - EA ACCIDENT S $ OTHER THAN FA ACC AUTO ONLY: AGG EACH OCCURRENCE S S 5 5, 000, 00 AGGREGATE s 5 000, 00 s s s X 70RVUMITS ER E.L. EACH ACCIDENT $ 1oo, 00 EI.DISEASE-EAEMPLOYE S $gQ,QO El, DISEASE- POLJCY LIMIT s 100, 00 General Liability and Temporary Reso. No. 10977 — Exhibit 2 DRUG FREE WORKPLACE CERTIFICATE the undersigned, in accordance with Florida Statute 287.087, hereby certify that, (Print or Type Name of Firm) Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above, and specifying actions that Nvill be taken against violations of such prohibition. Informs employees about the dangers of drug abuse in the work place, the firm's policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. Gives each employee engaged in providing commodities or contractual services that are under bid or proposal, a copy of the statement specified above. Notifies the employees that as a condition of working on the commodities or contractual services that are under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any controlled substance law of the State of Florida or the United States, for a violation occurring in the work- place, no later than five (5) days after such conviction, and requires employees to sign copies of such written (*) statement to acknowledge their receipt, W Imposes a sanction on, or requires the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Makes a good faith effort to continue to maintain a drug free work place through the implementation of the drug free workplace program. As a person authorized to sign this statement, I certify that the above named business, firm or corporation comph fully with the requirements set forth herein." Authorized Signature Date Signed Late of .ounty of. wom to and subscribed before me this day of ,19 onally known or Produced Identification Signature of Notary y Commission Expires Ho (Specify Type of Identification) 'Temporary Reso. No. 10977 — Exhibit 2 12. Marion County is interested in entering into a pre -event contract which would result in no immediate cost to the County. E Temporary Reso. No. 10977 --- Exhibit 2 Part 8 - General Terms and Conditions 1. All responses become property of Marion County. 2. The County will not reimburse the respondent for any costs associated with the preparation, submittal, or presentation of their responses to this request. The respondent acknowledges that all information contained within its response is part of the public domain as defined by State of Florida Sunshine and Public Record Laws. The County gives no assurance as to confidentiality of any portion of any proposal once submitted. Respondents, their agents, and associates shall refrain from contacting or soliciting any County official or Committee member regarding this Request for Qualifications during the selection process. Failure to comply with this provision may result in disqualification of the respondent, at the option of the County. Only the Purchasing Department may be contacted. S. There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. b. Due care and diligence has been exercised in the preparation of this Request for Qualifications, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the County nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. 7. Preference will be given to those responses in full or substantially full compliance with the requested information in this document, 8. Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida, and Marion County. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. 9. Any interpretation, clarification, correction, or change to the Proposal will be made by wTitten addendum issued by the County Purchasing Director. Any oral or other type of communication concerning the Proposal shall not be binding unless issued by the County in the form of an addendum. 10. Responses must be signed by an individual of the respondent's organization legally authorized to commit the respondent's organization to the performance of the services contemplated by this Proposal. 11. The successful respondent shall be required to submit proof of licenses, certifications, and proofs of insurance as required by the County. 8 TEMPORARY RESO. NO. 1.0977 ("i11- <?J Tc7rrrru•cu' EXHIBIT 3 N5 N, P rclru ur r cl C. urrlrcrcia yrb;rsion FIRST AMENDMENT TO AGREEMENT BETWEEN GRUBBS EMERGENCY SERVICES, INC. AND THE CITY OF TAMARAC THIS FIRST AMENDMENT TO THE AGREEMENT dated June 26, 2002 between the City of Tamarac and Grubbs Emergency Services, Inc. is made and entered into this 28�l day of s()nf. , 2006, by and between: CITY OF TAMARAC, FLORIDA ("CITY"), a municipal corporation organized and operating pursuant to the laws of the State of Florida, with a business address of 7525 NW 88tb Avenue, Tamarac, Florida hereinafter referred to as "CITY"; and GRUBBS EMERGENCY SERVICES, INC. ("CONTRACTOR"), a Florida Corporation authorized to do business in the State of Florida, with principal offices located at 1115 S. Main Street, Brooksville, Florida 34603. CITY and CONTRACTOR hereafter collectively referred to as the "Parties". WITNESSETH WHEREAS, on June 26, 2002, the Parties entered into a five (5) year Agreement ("Original Agreement") whereby the CITY sought and the CONTRACTOR agreed to provide disaster recovery services; and WHEREAS, the Original Agreement was drafted in accordance with the terms and conditions that were contained in an agreement that was awarded to CONTRACTOR by Marion County, Florida on April 17, 2001, with the exception that all references to "Marion County" or "County" in the agreement would be read as "City of Tamarac"; and WHEREAS, the CITY relied upon Marion County's procurement process, and used Marion County's agreement with CONTRACTOR as a basis for the Original Agreement; and WHEREAS, the "Term of Agreement" clause in the Original Agreement states that the Agreement "shall be for five consecutive years beginning on the date of acceptance by and signatures of the COUNTY [read as "City of Tamarac"] and CONTRACTOR, whichever comes later"; and WHEREAS, the Agreement between CONTRACTOR and Marion County, Florida was executed on April 17, 2001, and terminated on April 17, 2006; and Page 1 of 3 JFK/JGH 5-17-06 U:\AGENDAS\TEMP RES0S\10000 Series Reso Items\Grubbs Agreement - First Amendment 5-4-06.doc 011, v of I i:rrnar ac n 9 I• _ Purchasing d Contracts Division WHEREAS, this First Amendment to the Original Agreement between the parties reasserts and reaffirms that the Original Agreement was executed on June 26, 2002, and terminates on June 26, 2007. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct and incorporated herein. SECTION 2. CITY and CONTRACTOR hereby agree that on June 26, 2002 the parties entered into a five (5) year Agreement for disaster recovery services, and that this Agreement has a termination date of June 26, 2007. SECTION 3. The Parties agree that in all other respects the Original Agreement shall remain in full force and effect, except as specifically modified herein. THE REST OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK. Page 2 of 3 JFK/JGH 5-17-06 U:\AGENDAS\TEMP RESOS\I0000 Series Reso Items\Coubbs Agreement- First Amendment 5-4-06.doe Emm car ('tmt3"674.a Division IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY: CITY OF TAMARAC, FLORIDA MAYOR BETH FLANSBAUM-TALABISCO ATTEST: MARION SWENSON, CITY CLERK JEFF MILLER, CITY MANAGER CONTRACTOR: VICES, WITNESSES: 49' INC. LisdBruner," Secretary PRINT NAN loose CERTIFICATION The foregoing instrument was acknowledged before me on this 0-�_ day of 2006 by Brian Thomason as Vice -President of GRUBBS EMERGENCY S VICES, INC., a Florida Corporation, on behalf of the Corporation. He/she is personally known to me or has produced as identification. N ry Public ':==d-1W ber2006 ber 25, Page 3 of 3 JFK/JGH 5-1.7-06 U!\AGENDAS\TEN P RESOS\10000 Series Reso Items\Grubbs Agreement - First Amendment 5-4-06.doe