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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-1881 Temp. Reso. #9071 Page 1 June 26, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000 - % ? S 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 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 I L 1 1 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. SECTION 5: passage and adoption. This Resolution shall become effective PASSED, ADOPTED AND APPROVED this /r� day of ATTEST: Marion Sw nson, CMC MTY CLERK A, - 6ERTIFY that is, b TION as to form. -. h, 6-N MITCHELL S. RRAFT CITY ATTORNEY Temp. Reso. #9071 Page 3 June 26, 2000 immediately upon its JOE SCHREIBER MAYOR RECORD OF COMMAWWN V01 w►ron SCHREIIIIER. wq asr r. ooMW POIRTNEn cues t COMIL U:\adm correspondence\agendas\9071 RE5-Grubbs Disaster Agreement.doc r M /RMW AGREEMENT FOR DISASTER RECOVERY SERVICES THIS AGREEMENT made and entered into this/QZday of , 2000, by and between the CITY OF TAMARAC, located fn BROWARD4tourfty, 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 1 of 6 include the items listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. 1.2 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 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 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 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 JURISDICTIONIVENUE 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 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: e ayor Date: I o ATTEST: Aorove8 as to form and Legal sufficiency. By:� f r Clerk/Deputy Clerk of the Board -r-,4 City Attor ey ON BEHA F OF: GRUBB CONSTRUCTION COMPANY B Title: President A ES Secretary STATE OF FLORIDA COUNTY OF HERNANDO The foregoing instrument was acknowledged before me this rYj QLt.1 q 2000, by G. G r"bb-5 , as re 1 cLzafr. of GRUBBS CONSTRUCTION COMPANY, a Florida Corporation, on behalf of the Corporation. He/she is personally known to be or has produced___,,__,_as identification. ry Public aY pU OFFICIALNOTANYSi:AL ON a<. KENDRA L SITTIG 2 t C, COMMISSION NUMBER CC743097 MY MWIMON EXPIRES �aF M JUNE 9,2002 Page 6 of 6 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 Pagel of 5 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 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 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 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 Worksheet P 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 (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 of guidance and consultation. Page 5 of 5 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 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 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 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 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Hourly rates to be aoolied 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 Survey Person w/ Truck Hour $31.00 Inspector w/ Vehicle Hour $31.00 Qp2rator w/ Chainsaw Hour $35.00 $a Man Hour $40.00 Foreman with truck Hour $55.00 Superintendant 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 Trackhoe 690 J.D. Hour $120.00 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 D-8 Dozer Hour $220.00 Feller Bunchers 611 H ro-Ax Hour $120.00 Skidders 648E Hour $130.00 Front End Loader 544 Hour $1 %00 Front End Loader 644 Hour $120.00 Prentice Knuckleboom Loader Hour $140.00 50 foot Bucket truck Hour $140.00 30 ton + crane Hour $170.00 Diamond Z or E uiv. Tub Grinder Hour $550.00