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HomeMy WebLinkAboutReso 2009-1435 - RESOLUTION NO. 2009- ~S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE PAYMENT OF THE PERFORMANCE BOND PREMIUM FOR THE EMERGENCY DEBRIS REMOVAL CONTRACTOR; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 18,2008, via Resolution No. 2008-1323, the City Commission approved an agreement with Ashbritt, Inc., for Emergency Debris Collection and Removal Operations to the City in response to Request for Proposals (RFP) No. 08-07-01; and WHEREAS, the estimated cost for Ashbritt's services will be determined based on the magnitude of the storm and the initial damage estimate, and the City will request reimbursement from Federal granting agencies, if applicable; and WHEREAS, to ensure that Ashbritt, Inc., would be here when we needed them, the Commission required a performance bond; and WHEREAS, Ashbritt did not acquire the bond last year, stating that they would have to make a cash out-of-pocket payment without any guarantee that they would in fact be awarded any work, which was the case because no hurricanes impacted Sunny Isles Beach; and WHEREAS, Ashbritt has proposed, and staff agrees, that the City pay the annual bond premium cost (approximately $5,500) and if an event occurs, Ashbritt would then reimburse the City for all bond premiums paid to date; and WHEREAS, the City Commission authorizes the payment of the performance bond premium for Ashbritt, Inc. for emergency debris collection and removal operations, to be reimbursed to the City if an event does occur. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Payment of Performance Bond Premium. The City Commission hereby authorizes the payment of the performance bond premium for Ashbritt, Inc. for emergency debris collection and removal operations. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2009- Authorization to Pay Performan Bond for Ashbritt Page I of2 ... Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18th day of June 2009. , I . \ ~ ( , \ ..., r f)J ATTEST: t, .J ~':t . . 'J ;~. , " , . .. ~..'- :" ,\,,' l ~,:'l \ . ~.,.~ ~ fi~ .:) Jane A. Hines, 8MC, City Clerk ~' , ~, \ ~ .. " .... -,; -0 "'" .', ...,~ ." ...,. .....- .1 APPROVED S TO/ ORM AND AFFI IENCY: , . ans Ottinot, City Attorney / Vote: 5...0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -.L(Yes) V (Yes) \:7(Yes) vi' (Yes) I7(Yes) R2009- Authorization to Pay Perform an Bond for Ashbritt Moved by: "\u M.~M..cc.~ Seconded by: (\,,~ ~Rct. ,.AJ _(No) _(No) _(No) _(No) _(No) Page 2 of2 #cP~~ AGREEMENT BETWEEN CITY OF SUNNY ISLES BEAC FOR EMERGENCY DEBRIS CLEARING 1ND REMOVA~PfRATIONS WITH ASHBRITT, INC. CONt~c0708 . 099 THIS SERVICE AGREEMENT ("Agreement") made and entered into this day of , 2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and ASH BRITT, INC., a Corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECITALS WHEREAS, Contractor has expressed the ability and desire to provide Emergency Debris Cleaning and Removal Operations, subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS. the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive Proposing, with certain limited exceptions; and WHEREAS, in response to the City's Request for Proposal No. 08-07-01 and Resolution No. , the City has qualified and selected Ash Britt, Inc. to be the City's Emergency Debris Clearing and Removal Operations contractor. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 1.2. SERVICES. Contractor shall provide to the City, Emergency Debris Clearing and Removal Operations services as more particularly described in Attachment "A" attached hereto and made a part hereof. 1.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for one (1) year each, and shall commence upon execution by both parties. The contract will require an annual re-certification and price adjustment based on 80% of the Consumer Price Index (CPI) for the Greater Miami-Dade County Metropolitan Area. 1.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and the Fee Schedule reflected in this Attachment "B". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services actually performed. The Contractor shall be paid within 30 (thirty) days of receipt of the invoice. The estimated cost for Contractors services will be determined based on the magnitude of the storm and the initial damage estimate. The City will request reimbursement from federal granting agencies, if applicable. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the C0708-099 Ashbritt Agreement Page 10f6 invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 1.5. PERFORMANCE BOND. All Parties agree that time is of the essence. The Contractor shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida, which shall be countersigned by an agent for the company who is a resident of the State, as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The performance bond shall be made payable to the City of Sunny Isles Beach in the amount of $500,000.00 (five hundred thousand dollars) ensuring the Contractor's faithful performance of its obligations under this Agreement and as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The Contractor shall obtain a performance bond from a surety company licensed by the State of Florida and listed in the current Department of the Treasury Circular 570. The surety shall have a minimum rating classification of "B+" as evaluated in the current A.M. Best's key Rating Guide. All Parties agree that the City shall pay the annual performance bond premium cost and that in the event of debris cleaning and removal services rendered by Contractor under this Agreement, the Contractor shall reimburse the City for all bond premiums paid to date. 1.6 TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Contractor must provide sufficient equipment and labor, based on the magnitude of the storm and information from damage assessments, necessary to meet the City's timelines as follows: 1) clearing of primary rights-of-way within 24 hours of receiving Notice to Proceed; 2) removal of debris started within 48 hours of receiving Notice to Proceed; 3) removal of debris must be underway in all three zones within 72 hours; and 4) all debris removal operations must be completed within 30 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the first 48 hours following Notice to Proceed, shall result in the City making a claim against the Contractor's Performance Bond in the amount of the cost per hour of each crew as defined in Part B of the Fee Schedule Form for each hour exceeding the 24 hour cutoff where the Contractor is failing to operate, or is operating at less than the response levels specified herein. Contractor shall not be liable for unavoidable delays beyond their reasonable control. 1.7. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 1.8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 1.10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses C0708-099 Ashbritt Agreement Page 2 of6 ... including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for all operations, including but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of Five Million Dollars ($5,000,000) combined single limit occurrence. Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub- Contractors maintain appropriate levels of worker's compensation insurance. Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 1.11. TERMINATION. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 1.4 herein. Notwithstanding the foregoing, the Contractor shall C0708-099 Ashbritt Agreement Page 3 of6 not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1.12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 1.14. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Ave. City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue Ph: 305-792-1701 Sunny Isles Beach, Florida 33160 Ph: 305-792-1702 C0708-099 Ashbritt Agreement Page 4 of6 If to the Contractor: John W. Noble With a Copy to: Chief Operating Officer Ralph Dahlgren Ash Britt, Inc. Managing Vice President 480 S. Andrews Ave. Ash Britt, Inc. Suite 103 480 S. Andrews Ave. Pompano Beach, Florida 33069 Suite 103 Ph: 954-545-3535 Pompano Beach, Florida 33069 Ph: 954-545-3535 1.15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 1.16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 1.17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 1.18. FEDERAL AID CONTRACTING REQUIREMENTS. The Contractor agrees to comply with the terms and conditions of Federal Highway Administration form 1273 which is incorporated into this Agreement. 1.19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami- Dade County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. C0708-099 Ashbritt Agreement Page 5 of6 1.20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 1.21. ENTIRE AGREEMENT. This Agreement and the Contract Documents as defined in Section 4 of the RFP Specifications, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in double on the day and year first written above. WITNESSES: ASHBRITT, INC. BY: Signature & Title Print Name WITNESSES: Print Name CITY OF SUNNY ISLES BEACH ATTEST: BY: Norman S. Edelcup, Mayor BY: Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Attorney C0708-099 Ashbritt Agreement Page 6 of6 SECTION 5 PROJECT DESCRIPTION AND REQUIREMENTS EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS 5.1. PlJIIOSE This document constitutes a Request for Proposal (RFP) from experienced finns to dear and remove and lawfully dispose of disaster-generated debris (other than hazardous materials and household putrescible garbage) from public property and public rights-of-way in the City of Sunny Isles Beach, Florida, immediately atter a natural or man-made disaster. The objective of the RFP and subsequent contracting activity is to secure the seM:es of an experienced Contractor who is capable of efficiently dearing and removing very large volumes of dsaster-generated debris from a large area in a timely and cost-effective manner and lawfully dsposing of aI collected debris. The Contractor must be capable of assembling, directing and managing a workforce that can complete the debris management operations in a maximum of 30 days. The contract will be for a term of three (3) years with two (2) options to renew this Agreement for one (1) year each, with annual re-certification of the Contractor's capabilities for years two (2) through five (5). While intended to cover debris management needs in any major disaster scenario, the primary focus is on the threat of hurricane or tornado damage to the City. The planning standards used for this project are based on the anticipated impacts of a Category 4 Hurricane. 5.2. BACKGROUND 5. 2.1. Introduction The City of Sunny Isles Beach staff has developed a Debris Management Plan that describes the general needs and approaches for clearing, removing and disposing of large volumes of debris after a major disaster. It provides general information on debris classifications, IOCClI hauling and disposal capabilities and capacities. The plan provides general guidance for the Contractor and is available upon request. The City of Sunny Isles Beach's disaster recovery planning includes considerations for dearing, removing and disposing of the volLmes and ~ ci debris expected to be generated by a major disaster such as a hunicane (X tornado. The planning approach is formulated in part on the concept of strategic pre-positioning of plans and resources necessary for timely, coordinated response and recovery operations, incfudng dearing and removal of debris from pti)Iic Plq)erty and public ri~-way thfDl910ut the City using Contractor work forces. The City envisions the need for a single major Contractor to carry out the Debris Clearing and Removal work throughout the City. The Contractor must have the capacity to manage a major workforce with m~ Subcontractors and to cover the expenses associated with a major rea:Nery operation prior to initial City payment and between subsequent payments, as well as the capacity to provide the necessary balds and insurance. The Contractor must also have an established management team, an established network of resources to provide the necessaty equipment and personnel, comprehensive debris dearing, removal and volume reduction operations plans, and demonstrable experience in major disaster recovery projects. The contract to be awarded will be a pre-positioned contract that wi. be activated only in the face of an actual disaster (X emergency. As such, no COfIl)ensation wiI occrue to the Contractor unless and until the contract is activated either in anticipation of a natural or man-made disaster or immediately atter such disaster. Potential Contractors are solely responsible for their own costs of developing the proposals associated with this RFP. In addition, a Contractor who receives a pre-positioned contract for the work will be required to participate in certain City-directed disaster recovery training and/or exercises, one (1) to two (2) days each year, at no cost to the City. The pre-positioned contract will be for term of three (3) years with two (2) one (1) year ATTArUMIi'NT Uti" SIB options to renew this Agreement for a total of five (5) years. This will minimize the planning costs associated with the program as well as maximize the Contractor's potential for recovery of those costs. 5.2.2. Planning Standard for Debris The City has selected a Category 4 Hurricane that impacts the entire city. The worst case debris volume anticipated from such a hurricane is approximately 40,000 cubic yards of mixed debris. This estimated debris volume is a planning figure and n is not a fixed ~ for the purpooe of contractual obligations. The actual vcbne of debris may be greater than or less than 40,000 cubic yards. For the purpose of this AFP and solely for the purpose of standardizing the contents of aR submittals, the contractor shall use a planning figure of 40,000 cubic yards of debris as the inmal volume estimate for post-disaster debris removal and disposal operations. Contractor submmals must also address, though in less detaH, how the Contractor would address larger and smaller volumes of debris. The City's goal is to complete the debris removal and disposal process in less than 30 days. This assumes that the entire area of the City will be accessible within that period. 5.2.3. Debris Management Strategy The City will employ a Contractor to clear. remove and dispose of disaster-generated debris. The City will execute one (and reserves the right to execute more than one) debris dearing and removal cootract 00 a pre-positioned basis for the purpose of having a Contractor immedately available and committed to assisting the City in the aftermath of a major disaster. It is anticipated that the Contractor wiD use both local and non-/ocaJ Subcontractors. Notwithstanding, the Contractor will be expected to use fully qualified and properly equipped local firms to the maximLm extent pra;OCable. When a major disaster occurs or is imminent, the City will contact the firm(s) holding Debris Clearing and Aemoval Contract(s) to advise them of the City's intent to activate the contract(s). Debris removal wiN generally be limited to debris in, upon, or brO\.lght to public streets and roads, pub/ic rights-of-way, municipal properties and facilities, and other public sites. The Contractor(s) win also be responsible for the lawful d'1SpOSa/ of all debris collected from city property and public rights-of-way. The Contra:tot(s) wi send a rnanagemem team to the City's EOC, located at 10070 Coins Avenue, Sunny Isles Beach, Telephone: 304-974.Q600, within 48 hours prior of prqected hurricane landfall based 00 the receipt of a Notk:e to Proceed and Task Order, to begin planning for the ~ and mOOiizing the persomeI and equpnent as necessary to perform the wOfk. There are no Temporary Debris Storage and Aeduction (TDSA) snes within the City limits. This wm necessitate the removal at all debris to the North Dade County Landfill located at 21500 t.(lN 47 Avenue. In the event of a delay in this disposal facility opening atter the subsidence of the disaster or it inordinately high delays in tumaround time occur at the designated disposal facility, the Contractor shal notify the City Debris Manager immediately and the City will provide an alternate disposal of TDSA location within a 20 mile radius. Curbside segregation of debris and disaster-generated or related wastes will be an element of the City's disaster recovery program. The Contractor win be required to aid in the segregatioo and waste stream management processes. Any hazardous materials and'or industrial hazardous wastes encountered by the debris removal Contractor are to be set aside for collection and disposal at the direction of the City or its designee at an approved facility. Putrescible garbage will be collected by franchise haulers and is not to be collected or transported by Contractor's forces. 5.3. INFORMATION REQUIRED FOR THIS RFP. 5.3.1. Description of Services Submmer must provide a detailed descr1>fjoo of the services that he/she wiR perform upoo issuance of a Notice to Proceed and/or Task Order. The description must, at a minimum, include the following: SIB A General Operations Plan describing the method and manner of debris removal and lawful disposal that will be employed for disaster-generated debris. That Plan should demonstrate how Contractor will satisfy the requirements of the project as described below, with: 1) A detailed description of the general sequence of debris clearing and removal ~rations to be performed. 2) A detailed description of the resources (workforce and equipment) to be employed along with the sources of those resources, i.e. a list of subcontractors with whom the submitter has agreements for post-disaster support. 3) An estimate of the time required to canpIete the removal and lawful cfisposaI of approximately 40,000 cubic yards of mixed debris. Note that the maximum aIJowable time for completion of the removal and disposal operations is 30 days. 4) A description of how Contractor will ensure that all Debris Clearing and Removal Operations are performed in compliance with all applicable local, state, and federal regulations and permn requirements. A description of any subcontracts to be utilized In perfonnjng these S8fVlces. A sunmary of the submitter's personnel that will be dedicated to the contract. The summary must include: the names of all members of the project management team; the name of the submitter's claims representative; the number of management employees that wiD be assigned to the contract, their job titles and responsibilities. A delcrlptlon of the accounting and ftnanclal controls that will be utilized in managing, monitoring and accounting for the resources to be deployed A description of any exceptions taken to the requirements stated In this RFP. 5.3.2. Notification Procedures Upon activation of the contract, Contractor must provide a two-person management team on-site to participate in advance response and recovery preparations. Expected time frame is 48 hours prior to projected hurricane landfall. The purpose is to initiate actions necessary to ensure that Contractor resources will be able to begin debris clearing operations within twelve (12) hours of receiving the Notice to Proceed from the City. Subsequently, the City will issue the first Task Order, which will authorize the Contractor to begin mobilizing the personnel and equipment as necessary to perform the stipulated work. This first Task Order will also direct the Contractor to execute the required Performance and Payment Bonds. Additional task orders will be issued for debris clearing and removal operations within the City. Contractor invoices for services performed under the first and subsequent task orders should be presented for payment to the City. The City win prescribe the specific clearing and cleanup schedule to be used after ascertaining the scope and nature of the disaster's impacts. Curbside segregation of debris and disaster-generated or related wastes will be an element of the City's disaster recovery program. The debris removal and disposal Contractor will be required to aid in the segregation and waste stream management processes. Waste and debris from hurricanes, tornadoes, and other major storm events, will be classified into the following five categories with responsibility as shown: 1. Household trash and putrescible garbage - continued responsibility of the County 2. Leaves and lawn litter, placed in clear plastic bags, placed by curb or shoulder of road _ Contractor responsibility for removal and disposal. Contractor will decide, with concurrence by the City Debris Manager. whether plastic bags are to be co-mingled with the loose vegetative debris or are to be collected separately to facilitate recycling. SIB 3. Vegetative and clean, woody debris, suitable for chipping or grinding, loosely stacked, and placed by curb or road shoulder, This includes logs, stumps, rootballs, limbs, branches, and complete trees that may be removed and placed by the curb or road shoulder for collection. Any reduction of size of woody debris to make suitable for chipping, or grinding is part of the Contractors responsibility. - Contractor responsibility for removal and disposal. 4. Construction and demolition (C&D) debris, furniture, furnishings, appliances, etc. suitable for being land filled or recycled, stacked by curb or shoulder - Contractor responsibility for removal and disposal. . 5. Household Hazardous Waste (HHW). separated from all other types of waste and debris, placed at curb or road shoulder . HHW disposal at an approved facility will be the responsibility of the local residents. Citizens will be advised to separate all waste and debris, to the extent practicable, into the above categories. Failure by the citizens to perform this separation does not relieve the Contractor of hiSlher curbside separation responsibilities, to the extent practicable. Any Household Hazardous Waste (HHW) encountered by the debris removaf Contractor is to be set aside. At the direction of the City or its designee, HHW disposal at an approved facility will be the responsibility of the Contractor. The City will coordinate with the Contractor to establish HHW drop-off locations for use by residents. The following items are considered HHW for the purpose of this contract: · Cleaning Products · Batteries · Workshop/Painting Supplies · Aerosol spray cans · Indoor Pesticides · Lawn and Garden Products · Automotive Products · Fluorescent light bulbs · Propane tanks and other compressed gas cylinders · Flammable Products · Home/Office Electronics - computers, TV's, monitors, lithium, and cadmium batteries The Contractor will set up a lined containment area and separate any HHW inadvertently delivered to a temporary debris staging site. Commercial and industrial hazardous waste such as chemicals, gas containers. transformers, and any other form of hazardous or toxic matter will be set aside for collection and disposal by a Hazardous Materials Removal and Disposal Contractor who will be coordinated by others. 5.4. SCOPE OF WORK 5.4.1. General The Contractor shaM provide for the cost-effective and efficient clearing, removal, and lawful disposal of debris accumulated and deposited on pubi:: pq>erty, City streets, roads and other pubic rights-of-way, and any other municipal faciity or site except hazardous materials and household putresci:IIe garbage, generated by disasters that impa::t the City eX Sunny Isles Beach, FL Services shall be performed on an 'as needed basis" when directed by the City Debris Manager. For planning purposes, the contractor shat assume that the total vaume of debris is 40.000 cubic yards of mixed debris. The Contractor shall determine the method and manner of debris clearing, removal, and disposal that provide the greatest economy of ~rations and cost to the City. In general, the Contractor will first focus on clearing roadways leading to critical facilities and other clearing activities necessary to safeguarcing the public. The City S\B will provide guidance and direction on priorities for debris clearing incident to removal operations. The Contractor shall present to the City for review and discussion a General Operations Plan and sufficient supporting documentation to adequately describe all planned actions for disaster debris clearing. removal. and lawful disposal. The Contractor shall agree to execute this plan. with all manners of contingencies recognized, when approved by the City. The Contractor will be responsi>le for the timely clearing of roadways, removal of debris and lawful disposal of debris, except hazardous materials, industrial waste and putrescible garbage, from: · City maintained streets, roads and rights-of-way. · Public pr~rty and facilities. · Any other municipal facility or site as may be directed by the City Debris Manager. · Private property when necessary to protect the public or to facilitate completion of required wort<, provided that entry onto private property is specifically authorized by the City Debris Manager. Collins Avenue (A 1 A), State Route 826 and State Route 856 are on the Federal Highway System and are considered Federal Aid System (FAS) roads and wil not be SliJject to debris removaJ and disposal operations unless specifically cirected by the City Debris Manager. The CIty and Conbadw wi. comply with the provisions of the Federal Highway AdministraIion Form FHW A-1213 (Ref. 3-94~ with the exception of the Davia Bacon Provisions which are waived far sbictIy debris rwnovaI projectI. FHWA Form 1273 has been physically incorporated into this Agreement In SECTlON 23 All debris removal and disposal operations east of Collins Avenue (A1A) are the responsibility at the Hotel / Motel / Condominium owners. The Contractor may be responsible for sand removal resulting from storm action deposited on Collins Avenue (A 1 A) and to the West side of Collins Avenue (A 1 A). Removal and cleaning of the sand will be done only by a written Task Order initiated by the City Debris Manager and paid for in accordance with the Fee Schedule Form Part A . 3.0 Sand Collections and Screening (Paragraph 7.14). The Contractor must be duly licensed to perform the wort< in accordance with the State of Florida code requirements. The Contractor shall obtain all permits necessary to complete the wort<. The Contractor shall be responsible for determining what additional permits are necessary to perform under the contract, but at the minimum must hold a business license and Contractor's license where services are performed. Copies of all permits shall be submitted to the City Debris Manager as soon as available. The quantity of work required to complete this contract is estimated. The actual effort required may be more or less than the estimated amount shown on the Fee Schedule Form (Paragraph 7.14). Payment will be made at the unit rates proposed by the Contractor. The output will be verified by the City Debris Manager in the daily operational report. Should hourly rates be used to pay for certain equipment, then preventative maintenance not in excess of fifteen (15) minutes in a normal wort<day will be paid at the regular hourly rate. Preventative maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds fifteen (15) minutes will be considered unacceptable wort< and non-payment of that time will be rounded off to the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field maintenance to keep equipment in operating condition without the use of extensive shop equipment. Fueling of equipment will be considered as part of preventative maintenance. The Contractor shall be responsible for correcting any notices of violations issued as a result of the Contractor's or any subcontractor's actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the City. The Contractor shall conduct the wort< so as not to interfere with the disaster response and recovery activities of federal, state or local governments or agencies, or of any public utilities or other private Contractors. 5.4.2. Post-HurricaneIDisaster Recovery Operations: Debris Clearing and Removal S\B This Work is divided into two phases. Phase 1 will be performed on a time and materials basis, and Phase 2 is to be performed on a unit price basis. · Phase 1. Emergency Roadway Debris Clearing, consisting of clearing roadway debris to the side of the road to open key access routes into devastated areas. · Phase 2: Public Rights-of-Way Debris Removal, consisting of the removal and transport of eligible disaster-generated debris from designated public streets or highway rights-of-way or public property to an approved landfill. The City will pay tipping tees at the approved landfill based on the actual disposal tickets and accompanying rates for disposal without additional mark-up from the Contractor. 5.4.3. Inspection of Debri. Within 24 hours after the hurricane/disaster event has subsided, the Contractor must make a detailed and thorough on-site inspection with a representative from the City of debris to be cleared and removed, and consider: · Amounts and types of debris; · Working conditions such as traffic, street/road width, and land use; · Means to ingress and egress work areas; and · All other factors affecting the work. 5.4.4. Coordination Debris Clearing and Removal is limited to that which is detennined by the City Debris Manager to be in the interest of public safety and that which is considered essential to the economic recovery of the affected area. The Contractor must coordinate with other contractors and other public and private entities also perfonning recovery operations. 5.4.5. City .Limit. Debris collection is limited to areas within the City of Sunny Isles Beach. 5.4.6. Quality Assurance Work will be closely monitored by City personnel and/or designated representatives. The Contractor must cooperate with all monitors representing the City. 5.5. PHASE 1: EMERGENCY ROADWAY DEBRIS CLEARING 5.5.1. G~ral The goal of Phase 1 Clearing is to move debris directty deposited int the roadway to the side of the road to open key access routes into devastated areas and allow for the movement of emergency vehicles, law enforcement, resumption of critical services, and damage assessment of critical public facilities and utilities. At least one lane must be cleared on each arterial, major, and secondary road after the hurricane/disaster event has subsided within the specified timeframe. Priorities will be established by the City Debris Manager. The Contractor shall commence mobilization immediately upon receipt of the Debris Clearing Task Order, meeting the following progress patterns: 24 Hours - 50%, 48 hours - 100% unless otherwise negotiated. This represents a minimum response schedule and does not restrict an earlier response ~\B Ph'H 1 Clearing will be limited to no more than 70 worle hours under the Time and Materials portion of thl. contract Phase 1 Clearing operation. will not continue past the 70 worle hours unless specifically approved in writing by the City Debris Manager. 5.5.2. Equipment The types and sizes of equipment to be used must be listed in the Contractor's Price Proposal. This is intended to be a general listing at this time. Prior to beginning work, the Contractor will be required to more fully identify each item of equipment by type, size and equipment number; the equipment number and the Contractor's name or initials must be permanently marked on each side of the vehicle at that time. Minimum letter size shall be 3 inches in height. Rates for equipment not listed in the Price Proposal must be established with the City Debris Manager before such equipment may begin working. The Contractor shall be knowledgeable on the rul. and regulation. governing the transport of heavy equipment and oversized load. acro" state boundaries. An emergency situation in the City does not asture any waIver of regulations or aa/,tance In expediting equipment transportation by other regulatory entitle.. 5.6. PHASE 2: PUBLIC RIGHTS-Of-WAY DEBRIS REMOVAL 5.6.1. General The goal of Phase 2 Debris Removal is to load and haul debris from the public rights-ot-way to an assigned landfill. In general, but not exclusively, this phase consists of curbside debris removal on public property only. Types of debris materials include, but are not limited to, trees, woody debris, brush, sand, gravel, building wreckage, construction and demolition (C&D), personal property, and household furnishings deposited at the curb. 5.6.2. Vehicle Types/Measurlng /Marking All trucks and trailers must be suitable for equipment loading. The City Debris Manager desires that the Contractor maximize the use of self-loading trucks equipped with grapples or loaders with grapple attachments to reduce potential collateral damage and to expedite the cleanup operation. Hand loading of truck. or trailers must be approved in writing by the City Debri. Manager before being put into operation. The City's Debris Monitoring Contractor will measure all trucks and trailers prior to any hauling operations. The City or its designee will designate staging locations where the measurements will be taken. The Contractor will also provide a list to the City Debris Manager or its designee indicating the type of vehicle, make and model, license plate number, and equipment number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of hauling equipment shall be calculated 'rom actual internal physical measurement performed by the Contractor and a City designee. Maximum volumes may be rounded to the nearest cubic yard. One sign shall be placed on each side of the equipment. For those trucks, trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter size shall be 3" in height. Maximum volume value will be verified by a City designee and his/her signature will be placed on both signs before affixing to the vehicle. Tare weights shall be determined for those trucks that will be weighed at a disposal site. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the vehicle to be loaded to capacity and effectively contain the debris on the vehide while hauling. Sideboard., jf installed, must be constructed of 2" x 6" board. or greater and may not extend more than 2-'eet above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the operation, or the vehicle will be re-measured and remarked. All extensions to the bed, and any exceptions to SIB the above requirements, such as 3,4" minimum plywood. must be approved in writing by the City Debris Manager. T rucks or equipment that are designated for use under this contract shall not be used for any other work. The Contractor shall not solicit work from private citizens or others to be performed in the City during the period of this contract. Under no circumstance will the Contractor mix debris hauled for others with debris hauled under this contract. 5.6.3. Other Consideration. The Contractor shall assign and provide an Operations Manager (OM) to serve as the principal liaison between the City Debris Manager and the Contractor's forces. The assigned OM must be knowledgeable of all facts of the Contractor's operations and have authority in writing to commit the Contractor. The OM shall be on call 24 hours per day, seven (7) days per week and shall have electronic linkage capability for transmitting and receiving relevant contractual information and make arrangement for on site accommodations. This linkage shall provide immediate contact via cell phone, Fax machine, and have Internet capabilities. The OM will participate in daily meetings and disaster exercises, functioning as a source to provide essential element information. The OM will report to the City Debris Manager. This position will not require constant presence; rather the OM will be required to be physically capable of responding to the City Debris Manager within one hour of notification. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. At a minimum, one Nag person should be posted at each approach to the work area. The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms 6f this contract. 5.6.4. The City disposal facility monitors will use their best judgment in estimating the quantity of debris in the trucks. For purposes of this contract the City monitors are the final authority. Trucks are assumed to be carrying 100% full loads, but deductions will be made for: consolidation during hauling, lightly packed loads with excessive air voids, and voids caused by incomplete loading at the loading site. Where trucks are weighed by certified scales, the weights shall take precedent. 5.6.5. HazardoUl Waste Hazardous waste collection schedules may not necessarily coincide with the debris removal work. Hazardous waste materials include chemicals, petroleum products. paint products, asbestos, power transformers, oxygen bottles, propane tanks, batteries. industrial and agricultural chemicals, cleaning agents and similar hazardous, dangerous or toxic materials. Some preliminary curbside separation will be attempted, but the Contractor must be aware that hazardous waste materials might be commingled with debris. The Contractor shall take every precaution to avoid loading and hauling hazardous waste materials. Notwithstanding, the Contractor's labor forces must be aware of the appropriate safety precautions. Further, the Contractor will be responsible for safe and proper handling of any hazardous waste materials inadvertently loaded by Contractor labor forces. The Contractor's labor forces must notify the City Debris Manager or his designee of locations where hazardous waste materials are encountered. 5.6.6. Other Non-Collection Item. The following items must not be removed or hauled to the designated disposal sites: · Household garbage; · Electric Company transformers, poles and other equipment and materials; · Telephone Company telephone transformers. poles and other equipment and materials; S\B 5.6.7. 5.6.8. 5.6.9. 5.7. 5.7.1. - · Traffic signs. signals. and appurtenances; . Debris on private property except as directed by the City Debris Manager; and · Privately Owned VehicleslBoatslTrailers except as directed by the City Debris Manager. Curbside collection of household putrescible garbage will be handled by the usual public and private haulers. Household garbage must not be mixed with storm debris. All electrical and telephone equipment, traffic signs and signals that are encountered must be moved to a visible. accessible location at or near curbside for disposition by utility companies or the City. Debris on private property may not be removed without written authorization from the City Debris Manager and the FEMA Public Assistance Officer. Vehicles that are in the way of debris removal operations may be moved. The Contractor shall report the locations of such vehicles to the City Debris Manager or his designee. Debris Removal During debris removal operations, extreme caution must be exercised by the Contractor to ensure that no damage is done to public or private properties. All crawler or tracked vehicles operated on public streets must have pads to prevent damage to hard-surfaced streets. The Contractor will be responsible for repair/replacement of any damage caused by negligence to public or private property. · Loading: All loose debris, such as tree limbs, must be reasonably compacted on the hauling vehicles during loading. All debris extending beyond the vehicle in any horizontal direction must be cut off or otherwise removed. · Hauling: All vehicles utilized in hauling debris must be equipped with adequate means for containing the load, including canvas covering while transporting the debris to approved landfills. · Covering: All vehicles must effectively prevent debris from being blown or bounced off the vehicles. · Sideboards: Sideboards or other extensions to the bed will be permitted provided they meet state and local requirements, cover the front and two sides, and are substantially constructed. Sideboards must be constructed of 2" by 6" boards or greater and may not extend more than 2 feet above the metal bed sides. · Tailgates: Vehicles must be equipped with a tailgate or other devices that will effectively contain the debris on the vehicle while hauling, and also permit the vehicle to be loaded to capacity. Dumping All debris must be hauled to an approved landfill. The Contractor must make every effort possible to separate trees, woody debris. and brush from other types of debris at curbside. All trees, woody debris, and brush will be accepted at the North Dade Landfill. Construction and demolition debris must be similarly segregated and transported directly to the North Dade Landfill. Equipment Storage The Contractor is responsible for locating areas where hislher equipment may be stored. serviced and repaired and coordinating with the City Debris Manager if said location is within the City limits. Such areas must not be located within rights-of-way or in any areas that would impact traffic flow or produce a safety hazard. This does not preclude parking equipment for short periods of time, including overnight. in rights-of- way areas where work is in progress. On-s~e refueling and operating checks including daily maintenance will be allowed. SCHEDULE Clearing Operations Public rights-of-way clearing operations must commence as soon as possible atter the hurricane/disaster event has subsided, but no Jater than 12 hours from the time that Notice to Proceed is issued by the City Debris Manager. The duration of the clearing operations will be limited to a total of 70 work hours. SIB - The Contractor must provide sufficient equipment and labor to accomplish clearing at primary rights-at-way within 24 hours at receiving Notice to Proceed. Failure to clear the primary rights-ot-way will result in the Contractor remitting to the City liquidated damages in the amount at the cost per hour ot each clearing crew as defined in Part Bot the Fee Schedule Form (Paragraph 7.14) for each hour exceeding the 24 hour cutoff plus 25% of the hourly rate as a premium to secure additional work crews trom other resources to complete the work immediately following the disaster. The City Debris Manager reserves the right to discontinue the clearing operations as he deems necessary. Extension of the clearing operations past the 70 hours must be approved in writing by the City Debris Manager.. 5.7.2. Removal Operations The Contractor must begin debris removal operations within 48 hours of receiving the Notice-to-Proceed and be underway in all zones within three (3) days. Schedules for all other roads/streets will be determined in concert with the City Debris Manager and the Contractor's representative. Removal may begin earlier and, it approved by the City Debris Manager, may be combined with public rights-at-Way clearing operations, provided the equipment so used will be billed on a unit cost basis rather than on a time and materials basis. The City Debris Manager reserves the right to increase or decrease the scope at the removal activity as he/she deems necessary to ensure effective management of the overall debris removal/disposal operations. 5.7.3. Working Hours Unless otherwise permitted by the City Debris Manager, working hours for removal operations shall be limited to daylight hours. The Contractor is responsible tor coordinating with the City Debris Manager in the event weather conditions delay or modify the proposed daily schedule. The Contractor shall ensure that wherever non-English speaking crew. are utilized, at least one crew supervisor must be "uent In En Ilsh. 5.8. EXTRA WORK At the City Debris Manager's option, the scope of work tor Phase 1, Clearing. may be expanded to include clearing on the Federal Aid System roadways within the City's jurisdiction and for.Phase 2, Removal, may be expanded to include public parks. other recreational areas, drainage structures and channels. and sand removal all subject to the prices noted in the Fee Schedule Form (Paragraph 7.14). 5.9. MEASUREMENT AND PAYMENT 5.9.1. PHASE 1 COMPENSATION - TIME AND MATERIALS BASIS Compensation for Phase 1 Debris Clearing will be measured and paid for based on an hourly rate only when equipment is actively operating and documented by equipment logs and operator timesheets submitted to the City. The hourly rate tor each type of equipment must include all subsidiary costs including mobilization and demobilization, fuel, maintenance, operator, overhead and profit. The Contractor must provide, as part at the Price Proposal, a list of basic equipment to be used for clearing operations and the hourly rate to be charged tor each. 5.9.2. PHASE 2 COMPENSA nON - UNIT PRICE PER CUBIC YARD OR TON BASIS Debris removal will be paid for on the basis of a unit price per cubic yard or ton for all debris loaded, hauled, and dumped at an approved landfill. The unit price per cubic yard must include all subsidiary costs, including mobilization and demobilization, labor, equipment. fuel, maintenance, overhead and profit. Compensation will be based solely on the volume or tonnage of debris hauled as documented by completed load tickets administered and validated by City loading site and disposal sne monitors. S\B Payment for debris hauled will be based on the quantity of debris hauled in truck/trailer measured cubic yards or by the ton and the distance hauled depending on where the debris is taken. Debris hauled to a landfill will require a validated load ticket and scale house weight ticket. Drivers will be given load tickets at the loading site by a City loading site monitor. The load ticket will include an original and four copies. The loading site monitor will retain one (1) copy of the load ticket and give the original and three (3) copies to the driver. The quantity of debris hauled will be estimated in cubic yards at the landfill by a City Disposal monitor or by weight. The estimated quantity will be recorded on the load ticket. The City disposal site monitor will retain the original of the load ticket and give the driver the remaining three (3) copies of the load ticket. Debris taken to landfills that have certified scales will be weighed and the tonnage will be recorded on the load ticket or will be paid based on cubic yards and the distance hauled recorded on an approved load ticket. Payment will be made against the Contractor's invoice once the loading site and disposal site monitor's copies match the Contractor's copies attached to the invoice. The Contractor shall include a signed load ticket with hislher invoice as proof that the quantity claimed on the invoice was eligible debris and was delivered to an approved disposal site. Such load tickets shall be checked against the disposal site monitor's log of deliveries, which shall be the basis for payment. 5.10. Recycling Program The City will consider the recycling programs that are in use at the available landfills, in the process of assigning the Contractors to use specific disposal locations. Recycling of debris removed by the Contractor is encouraged. 5.11. Debris Collection EfficiencylCleanlln811 The Contractor is responsible for collecting and removing, from public rights-of-way and public property, all debris that exceeds in size, weight, volume, or shape that which can reasonably be collected by the average homeowner using a rake, broom, shovel and plastic bags. Homeowners are responsible for collecting the small residual quantities of leaves, dirt, sawdust, twigs and similar small items of debris that can be readily put into plastic bags. Except for the above, the Contractor will collect and remove all debris existing on a street during each pass and notleave any debris for subsequent passes. This does not preclude the Contractor from using separate vehicles and crews to: separate plastic bags from other vegetative debris; collecting C&D debris; collecting recyclable timber or from hauling stumps with rootballs. The Contractor will organize his equipment and crews so that all types of debris are collected within anyone pass. 5.12. Damages to Public or Private Property The Contractor shall be responsible for any damage to private or public property that results from his debris collection and removal activities. Disagreements will be settled through negotiations. Repair of damaged areas will be performed immediately. The effected area or item will be restored to equal or better than its original condition. The Contractor shall supply the City with semi-weekly lists showing all damage claims that have been settled and all claim issues that remain outstanding. 5.13. DebrIs Removal from Drainage Systems The Contractor may be required to remove debris from various drainage ditches, and other drainage system components. Removal and disposal will be directed by the City Debris Manager or his designee. The City Debris Manager will develop a scope of work for each system component including: description of debris to be removed including quantity and/or sizes and numbers of trees, locations, photographs, access points and similar information. The Contractor will submit lump sum cost estimates for each location with unit pricing taken from Part B of the Fee Schedule Form (Paragraph 7.14). 5.14. Tree and Limb Removal with Specialized Equipment The Contractor may be required to remove hazardous hanging limbs and branches that have not completely fallen to the ground and hazardous leaning or damaged trees that are still standing. The determination of the existence of a hazardous situation is the responsibility of the City Debris Manager or his designee and direction to proceed and pricing will be handled in a similar manner as Debris Removal from Drainage Systems. The City Debris Manager will S\B . provide a detailed description of the trees or limbs to be removed and the Contractor will provide a lump sum cost estimate based upon unit prices from Item 2.2 of Part A of the Fee Schedule Form (Paragraph 7.14). Any deviation from these unit prices will be the subject of negotiations. 5.15. Removal of Hazardous Stumps The Contractor may be required to remove hazardous stumps that have not been fully uprooted located within the City maintained rights-of-way. The determination of the existence of a hazardous situation is the responsibility ot the City Debris Manager or his designee. Direction to proceed and pricing will be handled similar to Debris Removal from Drainage Systems and Tree & Limb Removal. The City Debris Manager will provide a detailed description of the stumps to be removed and the Contractor will provide a lump sum cost estimate based upon the unit prices trom Item 2.1 of Part A ot the Fee Schedule Form (Paragraph 7.14). Any deviation trom these unit prices will be the subject ot negotiations. The loading, hauling and dumping ot stumps and rootballs deposited on the rights-ot-way by others that are already uprooted (not requiring extensive digging and backfill) shall be paid under Items 1.1 or 1.2. with conversion done according to the FEMA Stump Conversion Table on Page 45. The City Debris Manager or his designee will identify all hazardous stumps prior to removal by the Contractor. 5.16. Sand Collection and Screening The Contractor may be required to remove debris laden sand trom public rights-ot.way and return to the beach. Sand that is debris laden will require screening prior to dumping on the beach. Debris-laden sand will be hauled to a designated location, screened, and returned to the beach. Hauling and screening of sand will be based on unit prices trom Item 3.0 ot Part A of the Fee Schedule Form (Paragraph 7.14). Debris generated trom screened rejects will be hauled to a designated landfill and paid under items 1.1 or 1.2. of Part A ot the Fee Schedule Form (Paragraph 7.14). 5.17. Conversion Factors from Cubic Yards to Tons · Mixed Debris. Vegetation and Construction & Demolition = 500 LBS/ey or CY x 0.25 = Tons · Yard Vegetation - Soft Wood = 333.33 LBS/CY or CY x 0.167 = Tons · Yard Vegetation - Hard Wood = 500 LBS/CY or CY x 0.25 = Tons · Construction & Demolition = 1000 LBS/CY or CY x 0.5 = Tons · Mulch = 1000 LBS/Cy or CY x 0.5 = Tons · Regular Trash = 300 LBS/CY or CY x 0.15 = Tons · Concrete = 2000 LBS/CY or CY x 1.0 = Tons · Sand = 2600 LBS/CY or CY x 1.3 = Tons 5.18. ADDITIONAL CONSIDERA nONS 5.18.1. Contract Termination The City Debris Manager shall have the right to terminate this contract or a part thereof before the work is completed in the event: · Previous unknown circumstances arise making it desirable in the public interest to void the contract. · The Contractor(s) is not adequately complying with the specifications. · Proper techniques are not being followed after warning notification by the City Debris Manager · The Contractor(s) refuses, neglects, or fails to supply properly trained or skilled supervisory personnel or workers or proper equipment of the specified quality and quantity. · The Contracto~s), in the judgment of the City Debris Manager is unnecessarily or willfully delaying the performance and completion of the work. · The Contractor(s) refuses to proceed with work when and as directed by the City Debris Manager · The Contractor(s) abandons the work. · The Contractor(s) employs subcontract who are on the Federal debarred listing. S\B ~, '.. ... t.;...o-.-...:...o.......:.~f;.M:~..:lri~~.M~lil7~.':'~Ef~~~~~~"'~~'l1~.1".~~wt;S.'t~t~~"""".~~~.t~~,-.""'";~~~~l.~",.,;;w.~.......Y.w..._.~.'f-~ .0-'"' ....~:.......~~~~o. ...=~........__~___ Jl_.~~~ 5.19. 5.19.1. 5.19.2. 5.19.3. CONTRACTOR(S) PETROLEUM, OIL, lUBRICANT (POL) SPillS The Contractor(s) shall be responsible for reporting to the City Debris Manager and cleaning up all petroleum, oil. lubricant (POL) spills caused by the Contractor(s)'s operations at no additional cost. Immediate containment actions shall be taken as necessary to minimize effect of any spill or leak. Cleanup shall be in accordance with applicable Federal and local laws and regulations. Spills other than on-the-site shall be reported to the National Response Center, and the City Debris Manager immediately following discovery. A written follow-up shall be submitted to the City Debris Manager not later than 7 days after the initial report. The written report shall be in narrative fonn, and as a minimum shall include the following: . Description of the material spilled (including identity, quantity. etc.). . Detennination as to whether or not the amount spilled is EPA/State reportable. and when and to whom ~ was reported. . Exact time and location ot spill, including description ot the area involved. . Receiving stream or waters. . Cause of incident and equipment and personnel involved. . Injuries or property damage. . Duration ot discharge. . Containment procedures initiated. . Summary ot all communications the Contractor(s) has had with press or other officials. . Description ot cleanup procedures employed or to be employed at the site, including disposal location ot spill residue. . Corrective actions taken to prevent reoccurrence ot similar event. END OF SECTION SIt:) . 0 0 0 0 000 0 0 0 0 0000 I . 0 0 0 0 0 00 III 0 0 0 0 Ollll"'-O 0 0 0 l"'- o C'l Mill , . , , , , , C'l 0 III 0 M 1ll\D~ , 0 CO M ..... 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'.: ~. a ;;l.~ ,,1~-, ~. ;:i I ~ 'x ,~. ~. ;. t -I I ~ I ;d . . ~ ~ . ~ ~ <: ,." t1 ,'.. , 1 -- 1." -. .... .... ~ - I J ~ :: ~t1;1: J ~ ~l / :.j .~ ::'~ ';; ~ i~ .~~ ~ t J: ,'i,~;: h'd ~J ,~ ~~: ,f :,~ i I&'I · 6~1? j~ .w ;~'j t;; \.: ::. .t :2 j'~ l;~ i: r'; ..;~'~ r; ~; ') ;~ ~t F'l':'-~ .'~ . .; I.' I:; 1';: I: ..... . . ,-. ~ .... ~ .. -.. '.' .... -'.' ... - . i S~ S . 1-' ~ I~ ~ "1 I ~, ~ J 1I111ll1ll C; III II 8 " up, " " I; " " II " llllillll8 II t; III III -J .8 fiE Ilf' ~I I It f -I) df j Ii in f d Iii! U ld i H flf J~ !! ~fl ~J ~f - " " ~ ci z a.. ~ - ...J u... 13 co ~ "' III ~ >. c: c: :J rn 0 .E: ::i 1: SIB lD .c ~ . . .'.~ ',~ Part B - Hourty PItceI IIId LIbor Ratte ~ ~ent Type TypIcII Hourty Ho&I'Iy Total C1IIrfng EqulplMnt Labor Howty er. R.- R.- Rm 1r , Bobcat Loader x 542.50 532 . 50 ~75.00 BucUt Truck 5112.50 532 . SO S145.00 is'' 'U'Olln S105.50 S28.50 S134 . 00 ~?:ttvoan 5146.50 S28.50 ~175.00 Crew Forwnan ~ Phone and PIckup X 59.00 S50.00 ~59.00 0IJm Trude. 18 CY-20 CY X 541. 50 528.50 ~70.00 DmID Truck. 21 CY-30 CY 552.50 S28 0;0 ~Al.00 Grader .'2' Blade 594.00 535.00 ~12Q.00 Excavator. 1.5 CY 589.00 S35.00 ~124.00 EJavator2.5CY S105.00 Sl5.00 ~140. 00 KnuckJIboom Loader X S110.00 S35 00 ~14C; 00 l.abotIr wIChUI Saw X S5.00 S33 . 00 ~n8. 00 Laborer wIImaI D*. IraIIIc cootroI. flaa Iiifiin X S2.50 S27 so ~10.00 Lowbov TraIer viTractcr S68.50 t:?A o;n ~97.00 MollIe Qane for nBOOnIllnDlleani1a trees} S175.00 t:"1o; nn ~210 00 wICeII Phone and PIcIGJp SQ 00 t:1 n1 nn t:!11n nn PlclalJTruck.1I2Ton S6.50 ~o 00 <::~ ..n TrafIIc Q)nfroI; li Silall Lane CIosln SllQ 50 t:Ao; o;n <::270; nn Tree Chber IIChaiIsaw ~3C;.OO t:o;n nn t:!01: nn Wheel LOIdIr 2.5 Cf 950 or sinIar X t:Q<I:: o;n ~12 c;n ..,.,0 nn WhIell.o8c* 3.5 - 4.0 CY 96S or s1m1ar S118 50 ~12 c;n C:::lo;, nn Wheel Loader. 4.5 CY. 980 or simIar $139.50 532 . 50 Sl72 . 00 WhMI LoIldIr-8ldctloe. 1.0 - 1.5 CY $45.50 $32.50 $78.00 Qther- Pfeaae UIt (Please see attached S hedule 2a and 2b) . * Please see Schedule 2a for antici ated Clear 'nQ Crew M keups. NaIll: N.'. 10IIII 1W1IlIl1IIIIItII PIaI....1IdIIII ~ IIIIot <............. ... ~ ..'" rflfllMII ___...... but not..... ID:......... "r 111- ~ .......... ....... flIIII,...... CllUlrpllaMl, ..~ IrIIIIc ..._............. ~ID 1(( aqlllll...... NaIl 2. ....., '-lfqIdpllll ~""""11111 ~. ~ C...... CNwln...... pmIdId The CotlbKtor will provtde 2 5 (nu~ of Cf'8W8 cIecIJc:amd to pll'fonn tIw Wort within tIw tnt 24 hexn foUowIng NDtIce to Proceed. The eu.&~ wiD provide 75 (number) 01 cnIWI dldlcamd to perform tIw Work wt1hIn tIw flrat 48 houri toIowIng NotIce to Proceed. SIB Response (Emergency Road Clearance-" First Push") Anticipated Crew Makeup_fa 's tor: City ofSunn~ Isles Beach. Florida. RFP No. 08-07-01 l:nit Pric~ Ib Unit Pric~ Ie Unit Pric~ Id Hour $75.00 $129.00 $75.00 Hour $0.00 $0.00 $145.00 Hour $0.00 $0.00 $70.00 Hour $70.00 $70.00 $70.00 Hour $76.00 $38.00 $76.00 Hour $0.00 $3000 $30.00 Hour $000 $0.00 $58.00 5221.00 5267.00 5524.00 y rate for other equipment that may be required to follow Schedule 2a-Supp Hourly Rates. prehensive list of rates follow in Schedule 2a; presented as guideline for total hourly "push" rate. nlial minimum crew composition. with skidsteerlbobcat (may vary). ntial minimum crew composition. with wheel loader (2-3 cy) (may vary). ntial maximum crew compostion (may vary). . ,t S.\ B Personnel, Equipment and Materials (Emergency Push/Misc. Services) Price Schedule 'il.7VICes for: City L)f Sunny Isles Beach, Florida, RFP No. 08-07-0 I INo. Service Dncription ISize or Tvpe IUnit IUnit Price 001 lIetJvy Equipment (Operator, fuel. maintenance included) 002 Skid-Steer Loader iMini-Loader) Bohcat 753/JD 648 Hour $75.00 003 Backhoe, Wheel Loader, 1.0-1.5 CY Cat416 Hour $78.00 004 Backhoe, Extend-a-hoe C atemillar Hour $75.00 005 Wheel Loaders, 2.5 CY Cat 950/JD 644 Hour $ 129 00 006 Wheel Loaders, 3.5-40 CY Cal966 Hour $151.00 007 Wheel Loaders, 4.5 CY Cat 980 Hour $172.00 008 Tracked Loader Cat 955/JD 690 Hour $145.00 009 Towed Loader wI Tractor Prentice 210 Hour $151.00 010 Knuekleboom Loader Truck (Self-Loadinll,) 25-35 CY Body Hour $145.00 011 KnuckJeboom Loader Truck (Self-Loadinl!.l 35-45 CY Bodv Hour $167.00 012 Dozer Cat D4 Hour 5102.00 013 Dozer Cat D5 Hour 5113.00 014 Dozer CatD6 Hour $129.00 015 Dozer CatD7 Hour 5156.00 016 Dozer Cat D8 Hour $183.00 017 Hydraulic Excavators, 1.5 CY Cat 320 Hour $124.00 018 Hvdraulic Excavators, 2.5 CY Cat 325 Hour $140.00 019 Hydraulic Excavators, 3.5> CY Cat 330 Hour $161.00 020 Excavator, Rubber Tire (wI debris II.raoole) Cat 325 Hour 5140.00 021 Tractor wI Box Blade 80Hp Hour $54.00 022 Motor Grader Cat 1200 Hour 5129.00 023 Off Road Truck N/A Hour 5156.00 024 30 Ton Crane 30 Ton Hour $210.00 025 50 Ton Crane 50 Ton Hour 5269.00 026 100 Ton Crane (8 hr minimum) 100 Ton Hour $457.00 027 Bucket Truck Up to 50' reach Hour $145.00 028 Bucket Truck 50' to 75' reach Hour $16 \.00 029 Trash Transfer Trailer wi Tractor 110 Yard Hour $134.00 030 Mechanized Broom Street Sweeper Hour 581.00 031 Water Truck 2000 Gallon Hour 59 \.00 032 FueUService Truck N/A Hour $75.00 033 Soil Comnactor 81 HP+ CaselCat/Wacm Hour 581.00 034 Soil Compactor 80 HP CaselCat!Wacker Hour 575.00 035 Soil Comoactor, Towed Unit Wacker Hour $24.00 036 Stump Grinder Vennecr 252 Hour 591.00 037 Stump Grinder Vennecr 752 Hour $129.00 038 Stump Grinder Vermeer60TX Hour 5145.00 039 Chiooer wi 2 man crew Morbark Stann Hour S 134 00 040 12-Fool Tub Grinder Morbark 1200 Hour $484.00 041 13-Fool Tub Grinder Morbark 1300 Hour 5564.00 042 14-FDOt Tub Grinder Diamond Z 1463 Hour S645.00 043 Air Curtain Incinerator (Self-contained) N/A Hour 52700 044 12T Lowboy Trailer (EQuip.Transnort wI Tractor) 12 Ton Hour 559.00 045 35T Lowbov Trailer (EQuip. Transport wI TractorY 3S Ton Hour 597.00 046 50T Lowboy Trailer (Eauio.Transnort wi Tractor) 50 Ton Hour 5129.00 047 Truck Mounted Winch Tow Truck Hour $97.00 048 LOI! Skidder Cat 518/JD 648E Hour $124.00 049 Waste Collection Rear Loader Truck N/A Hour 5145.00 050 Vacuum Truck/Jetter 3500 Gallon Hour $403.00 051 Crash Truck wllmoace Atlenuator N/A Hour $113.00 052 Power Screen N/A Hour $102.00 053 Stackina Conveyor N/A Hour $27.00 054 Hallling Vehicles (Opera/or, fuel, maintenance mcluded) 055 Dump Truck 5 to IS CY Hour $54.00 056 Dump Truck 16to24CY Hour $70.00 057 Dump Truck 25 to 34 CY Hour $81.00 058 Dump Truck (Trailer Dumn wi TractOr) 35 10 44 CY Hour $86.00 059 Dump Truck (Trailer DumD wI Tractorf 45 to 54 CY Hour $91.00 060 Dumn Truck (Trailer Dume wI Tractor) 55 10 64 CY Hour 5102.00 061 Dumo Truck (Trailer Dumn wI Tractor) 65 to 74 CY Hour 5113.00 062 DumD Truck (Trailer Dump wI Traclor) > 75 CY Hour $124.00 063 WaJkinll Floor Trailer wI Tractor JOOey Hour $134.00 I 074 Transportation VehIcles (Operator.juel, maintenance NOT included: loaned vehicles, insurance included) I 075 PickuD Truck 11/2 Ton I Day I $65.00 S\B Personnel, Equipment and Materials (Emergency Push/Misc. Sen'ices) Price Schedule ServIces fur: City Qj'Sunny Isles Beach, Florida. RFP No, 08-01-0 I f."io, Scn'icc DcscriDtion Size or Tvoc Vnit Vnit Pricc 016 Pickuo Truck 3/4 Ton Day $15.00 011 PickuD Truck I Ton (4x4) Day S91.00 018 Box Truck 3/4 Ton Day S102.00 019 Utility Van 3/4 Ton Dav $15.00 080 Passel1l!.er Van 9 Passenl!.er Day S1000 081 Passel1lzer Car Full size Day $51.00 082 Resoonse Trailer 20-30 Foot Dav $316.00 083 Flatbed Trailer GWV to 450 D $484 00 084 Personnel 085 Proiect 0Derations Manager Individual Hour $110.00 086 Suoerintendent with CelllTruck Individual Hour $15.00 081 Suoervisor with CdllTruck Individual Hour $10.00 088 Foreman with CellITruck Individual Hour $59.00 089 fnsoector with CelllVehicle Individual Hour $38.00 090 HealthlSafetv orOC Manal!er with Pickup Truck Individual Hour $65.00 091 Safetv Suoerintendent Individual Hour $50.00 092 Mechanic with Truck and Tools Individual Hour S8IOO 093 Climber with Gear Individual Hour $85.00 094 Labor/Ooerator with ChainS3w Individual Hour $38.00 095 Laborer with Tools Individual Hour $30.00 096 Traffic Control Personnel Individual Hour $29.00 091 Ticket Writers Individual Hour $30.00 098 Survey Personnel with Vehicle Individual Hour $38.00 099 Proiect Enllineer Individual Hour $85.00 100 Eauioment Ooerator Individual Hour $55.00 101 Truck Driver Individual Hour $40.00 102 Administrative Assistant Individual Hour $40.00 103 Clerical Individual Hour S3500 104 Field Hazardous Material Manal!.er Individual Hour $91.00 105 Haz Mat Containment Area Supervisor Individual Hour S85.00 106 Haz Mat Containment Area Foreman Individual Hour $10.00 101 Field Haz Mat Technician Individual Hour $55.00 108 Haz Mat Containment Area Technician Individual Hour $55.00 109 Field Proiect Suoervisior Individual Hour $8500 110 Field Proiect Foreman Individual Hour S65.00 III Proiect Geolollist Individual Hour S80.00 112 Proiect Chemist Individual Hour $85.00 113 RelZulatorv ManBlZer Individual Hour $90.00 114 Asbestos Abatement Suoervisor Individual Hour S10.00 115 Asbestos Abatement Worker Individual Hour $65.00 116 Asbestos Insoector Individual Hour S50.00 111 Marine Resources (Fuel, maintenance includEd) 118 56' Shallow Draft LandinI! Craft with Crane Crew of2 Dav S6,3OO.00 119 40' Sectional Barile wi Mounted Excavator & Pushboat With Crew Day S1,Ooo.00 120 33' Fast Barile with Winch Crew of2 Dav $4200.00 121 14' Utilitv Boat ~;th Motor (Work Boat) With Crew Dav $1,680.00 122 12' Utilitv Boat with Motor (Work Boat) With Crew Day SI,120.00 123 12' Utilitv Boat without Motor (Work Boat) With Crew Dav S840.00 124 Tank Diver with Gear Individual Hour S 168.00 125 Hardhat Diver With Gear Individual Hour S100.00 126 Scuba Bottle Refill (Airl 80 Each S11.00 127 Air Pump with multi breathinl! lines Brownie Lunl! Day S560.00 128 Miscellaneous Equipment/ltems (Fuel. maintenance mcluded. where applicable) 129 Light Tower wi Generator Day $156.00 130 Office Trailer 40 Foot Day $161.00 131 SlOral1.e Container 40 Foot Day $102.00 132 Portable Eyewash Station OSHA Soec Day $38.00 133 First Aid Station OSHA Soec Day $12500 134 Portable Toilet {Port a Johrll Sinl!.le Week $215.00 135 Observation Tower USACE Soec Each S3,500.00 "t / ...:l \ ~-~~' -;\'6 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MElVLORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner, Acting City Manager DATE: 6/18/2009 RE: Approval of the bond premlUm payment for the Emergency Debris Removal Contractor RECOMMENDATION: We recommend approval of the Resolution authorizing payment of the performance bond premium for the Emergency Debris Removal Contractor. REASONS: Last year the City went through an extensive process to select a consulting engineer to develop a Debris Removal Plan for the City in case of a natural disaster. Part of that process was to also develop an RFP to select an experienced Contractor. We also went through that process and chose Ashbritt. This firm specializes in this exact type of work. To ensure that they would be here when we needed them, the Commission wisely required a performance bond. Ashbritl did not acquire the bond last year, stating that they would have to make a cash out-of-pocket payment without any guarantee that they would in fact be awarded any work. That turned out to be the case because we had no hurricanes impacting Sunny Isles Beach. They have proposed, and staff agrees, that the City pay the annual bond premium cost (approximately $5,500) and if an event occurs, Ashbritl would then reimburse the City for all bond premiums paid to date. We are therefore asking your approval of this process, a very inexpensive "insurance policy" in case of a natural disaster. FUNDING SOURCE: The funds would come from Account Number 10-539-5344, for Emergency Recovery . Agenda Item ~ 0 ~ http://sibagenda.sibfl.net/agenda/Preview. aspx?I temI D=3 6&M eetingID: Date G.-\~-O~