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R-2008-096 DRC Emergency Services
RESOLUTION NO. 2008-096 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $25,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to have agreements to provide for disaster recovery services for the City; and WHEREAS, the City Manager has determined that such services, in addition to other such services already provided for by contract with Ashbritt, Inc., can best be obtained pursuant to an agreement with DRC Emergency Services LLC; under the City of Tampa Resolution No. 2006- 371, valid through April 4, 2011, a copy of which is attached to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement between DRC Emergency Services LLC and the City for disaster recovery services for a period through April 4, 2011, in connection with the current City of Tampa contract valid through April 4, 2011, a copy of which is attached and identified as Exhibit "A'; provided, however, that if DRC Emergency Services LLC contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Tampa, then DRC Emergency Services LLC shall provide such services at the lower rates to the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on June 10, 2008. /4j/% c ALBERT C. JONES AYOR—COMMI ONER We /q.ATTES�: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F A CORRECTNESS: BY: TFIbMAS�J.-k4yBRO CITY ATTORNEY 2 RESOLUTION 42008-096 DRC Emergency Services, LLC 740 Museum Drive a Mobile,Alabama 36608 1-888-721-4372 a 1.251-343-3581 •FAX 1-251-343-5554 April 3. 2008 Mr. Leo Willams Tel: 954.924.3743 City of Dania Beach Public Services 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Re: Contract Extension Dear Leo, Enclosed you will find two (2) original Cooperative Purchase Agreements (CPA's) for your review and execution. Please sign and have one(1) original forwarded to my attention at your earliest convenience. I have included the City of Tampa contract for your file. If the City of Dania Beach would like to extend their contract through the expiration of the City of Tampa contract please let me know. Should the City choose to select this option the CPA, once signed would expire April 4,2011. If you have any questions please feel free to contact me. Si cere , A l lawav Con is Manager 251.423.1158 Cell DRC Emergency Services,LLC 740 MuKum Drhe•Mobaq Alabama 36608 1-US-721.4372.1-251,M3-3581 •FAX 1-251-343-5-4m Dania Beach, Florida,has a desire to enter into a Cooperative Purchase Agreement for Disaster Recovery Services,under the same terms and conditions as the agreement between DRC Emergency Services, LLC and the City of Tampa, original agreement dated April 5,2001 and extension/amendment to the agreement dated August 9, 2007, which contract resulted from a competitive RFP. The City of Dania Beach has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. DRC Emergency Services, LLC hereby agrees to provide such services under the same price(s),terms,and conditions as the referenced contract. All references in the contract between DRC Emergency Services, LLC and the City of Tampa shall be assumed to pertain to, and are binding upon DRC Emergency Services, LLC and the City of Dania Beach. Agreed, accepted and consented to this,the last date shown hereunder. DRC Emergency Services, LLC City of Dania Beach, Florida iZk Stafford Date Signature Date Chief Operating Officer Print Name Title DRC Emergency Services,LLC 740 Museum Drive•Mobile,Alabama 36608 1-888-721-4372.1-251-343-3581•FAX 1-251-343-5554 Dania Beach, Florida,has a desire to enter into a Cooperative Purchase Agreement for Disaster Recovery Services,under the same terms and conditions as the agreement between DRC Emergency Services, LLC and the City of Tampa, original agreement dated April 5, 2001 and extension/amendment to the agreement dated August 9, 2007,which contract resulted from a competitive RFP. i The City of Dania Beach has reviewed the contract and agrees to the terms and conditions and finther agrees to the fair and reasonableness of the pricing. DRC Emergency Services, LLC hereby agrees to provide such services under the same price(s), terms, and conditions as the referenced contract. All references in the contract between DRC Emergency Services, LLC and the City of Tampa shall be assumed to pertain to, and are binding upon DRC Emergency Services, LLC and the City of Dania Beach. Agreed,accepted and consented to this, the last date shown hereunder. Services LLC City of Dania Beach Florida DRC Emergency ty , OB Mark Stafford Date Signature Date Chief Operating Officer Print Name Title DRC Emergency Services,LLC 740 Mmmam Drive a Mow Alabama 36608 1-888.1214372 a 1-251J43-3501 a FAX 1-251-3433554 Contract Summary Form Agency: Contract# Y Issue Date: 41 Expiry *CPA: # 7(OLoSOn Renewal Terms: Extensions: ✓/�l�.kM(D �o N Rid>'1 nil gig /ZnL/ Revisions: Amendments: ahvxd— C[LOmQd—bLll � �q/ Note: R.4w. *CPA—Cooperative Purchase Agreement Z007_ 7S"7 0107 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT Is entered InbD at Tampa,Florida,this day of &MA-t- 2007,by and between the City of Tampa,a ffu*Ipal corporation of the State of Florida, heldnoft referred tC as ,"whose address Is Municipal Office Building, 306 E. Jackson Street, 2E, Tampa, Florida 33602, and DRC Emergency Services, LLC, hereinafter referred m as the"Conhadvr,°the address of which is 740 Museum Drive, Mobile,Alabama 36608. WHEREAS, pursuant to the authority oontatred in Remlution Number 2001-0384, passed and adopted by the City Council of the City of Tampa on April 5, 2001, the City of Tampa and DRC. Inc entered into an Agreement, h"natter tefe, to as the "Original Agreement;! for the provision of Debris Management SeMces for use try the Solid Waste Department;and WHEREAS, pursuant to time authority contained in Resolueon No. 200&371, passed and adopted by the City Council on March 30,20D6, the City approved an Assignment of Award In DRC Errx g Services, LLC, and approved the renewal of the award for an additional five year period;and WHEREAS,it is necessary tD amend the Original Agreement to include revised pricing Items in order to match anent FEMA requirements for reimbursement of DisaSter Debris Removal for the City of Tampa. NOW,THEREFORE, in consideration of the nxAml covenants, promises and representations contained hereJn and in the Original Agreerrmt,the City and DRC Emergency Services,LLC agree as follows: 1. That COSTS FOR SCOPES OF SERVICES of Attachment 2 of the original Agreement Is heeby deleted and a new section entitled COST FOR SCOPES OF SERVICES of Attachment 2, marked Revised 7-07, Is attached hereto and try rderence made part hereof,is substituted In Ileu thereof. 2. That all the term and conditions of the Original Agreement that do not conflict with this Amendment in Agreement are hereby ratified and conflrnned. IN WITNESS WHEREOF,the parties hereto have executed this Amendment to Agreement on the day and year first above written. AST: CITY OF TAMPA (4"In - nA r By: /W-- �-v (SEAT,)CITY Cir PAM IORIO, MAYOR ATI-E57: DRC E14ERGENCY SERVICES,LLC A1 By: �s`:L (SEAL)CORPORATE SECRETARY APPROVED AS TO FORM: MARCETIAT.HAMICM ASSISTANT CITY ATTORNEY Revised 7-07 COSTS FOR SCOPES OF SERVICES Measurement and Payment for(lathering, Pick-up,and Hauling to temporary disposal site,a designated debris management site or other designated location. The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris. The CONTRACTOR and CITY will Inspect each bad to verify 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 and 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, processed, a record of the cubic yards will be recorded by the CONTRACTOR and C[TY on numbered tickets supplied by the CONTRACTOR. Copies of each bad record will be available to the CONTRACTOR and the My's designee on site. Each Invoke shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the Individual verified bad receipt and Invoice amotmts. 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 business days of the invoice date, for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive the following amounts for services performed: 1. Rights-of-Way Vegetative Collection Rate Vegetative debris collected from public or private rigtitof-way(ROW) and improved public lands, hauled to, and dumped at the debris management site(s). This Includes the removal, collection, hauling, and disposal of all stumps less than 24 Inches in diameter and any stumps not originating in the ROW (Including stumps removed by third parties and placed In the ROW). 0-15 miles $10.89 16-30 miles $12.34 31-60 miles $13.96 2. Private Property Vegetative Collection Rate Vegetative debris collected from private property, and brought to the Rights of Way. This Includes the removal of all stumps less than 24 Inches in diameter. The Rights of Way Vegetative collection rate will remove the debris to the temporary sites. Per Cubic Yard $4.86 3. Public Right of Way Construction and Demolition Collection Rate Consbix ion and demolition debris collected from designated work zone,hauled to,and dumped at the debris management sites)or other designated location. 0-15 miles $12.42 16-30 miles $13.96 31-60 miles $15.85 4. Cutting Partially Uprooted or Split Trees(Leaners) Falling partially uprooted or split trees from the ROW or the overhanging portion of the ROW and placing the debris In the ROW for haul-off. Partially Uprooted Leaner(Price Is inclusive of excavating the root bail and placing It in the ROW) 4.1 Diameter of tree at 2 feet from base Less than 24 Inches Per Tree$92.00 24-36inches Per Tree$158.00 Greater than 36 Indies Per Tree$186.00 Split Leaner(No exposed root bail)(Price is Inclusive of flush cutting the tree trunk) Revised 7-07 4.2 Diameter of tree at 2 feet from base Less than 24 inches Per Tree$92.00 24-36 inches Per Tree$158.00 Greater than 36 Inches Per Tree$186.00 4.3 Removal of Dangerous Hanging Limbs(Hangers) Rem(YAng hanging or partially broken limbs from trees In the ROW or limbs hanging over the ROQ and placing the debris in the ROW for haul-off Per Tree$167,00 5. Demolition and Collection Rate Demolish identlfled structures In designated work zone. Remove C&D debris from designated work zone, hauled to,and dumped at a Temporary Site or other designated location. Per Cubic Yard $16.44 6. Hazardous Stump Removal and Collection Rate Removal and collection of stumps partially uprooted In the ROW. Stumps will be Identified and certified In the ROW by the CITY. Stumps will be hauled to and dumped at a debris management sites)or other designated location. 6.1 Diameter of Stump at 2 feat from base 24-36 inches Per Stump$515.00 36-48 inches Per Stump$620.00 Greater than 48 Indies Per Stump$790.00 7. Stump Removal and Collection Rate Removal and coliedlon of stumps brought the ROW. Stumps will be hauled to and dumped at a debris management site(s)or otlxr designated location. According to PEMA guidelines for conversion of stumps to cubic yards. Per Cubic Yard$26.90 a. Sand Collection(Public Property)and screening Rate Removal and collection of debris-laden sand from public property. Dlids-laden sand will be hauled to a designated location, screened, and stockpiled at a debris management ske(s). (Debris generated from screened rejects will be hauled to a debris management site(s)or other designated location. Per Cubic Yard $8.75 9. sand Collection(Private Property)and Screening Rate Removal and collection of detins-laden sand from public property. Debris-laden sand will be hauled to a deslgnated location, screened, and stocloled at a debris managernent sites). (Debris generated from screened rejects will be hauled to a debris management site(s)or other designated location. Per Cubic Yard $11,35 Revised 7-07 10. Bad(fill Supply and placement of dean fiA dirt Into holes created by stump removal in the ROW. Per Cubic Yard$19.25 11. Management and Reduction of vegetative debris via burning at debris management site(.) or other designated location. Per Cubic Yard $4.64 12. Reduction of vegetative debris via grinding at debris management site(s) or other designated location. Per Cubic Yard $5.92 13. Reduction of C&D debris via grinding or compaction at debris management sites) or other designated location. Per Cubic Yard $4.96 14. Haul-out of reduced vegetative debris Per Cubic Yard$4.86 15. Haul C&D debris to final disposal site Per Cubic Yard $6.12 16. White Goods—The contractor shall remove all eligible white goods from the public rights of way to the TDSRS In accordance with all federal,state and local rules, regulations and laws. Per Unit$88.00 17. Freon Recovery—The contractor shall remove Freon from any white goods, such as refrigerators, Freezers and sir condrdoners at the 1DSRS or final disposal site In accordance with all federal,state, and local rules, regulations, and laws. Per Unit$92.00 For additional type services not Included above and Identified In Attachment 3 of this contract that requires employees and equipment usage,the CITY and the CONTRACTOR shall have lmpecbors In the field with each work crew to monitor, record, and sign time shcels for the actual times worked for each piece of equipment and ow.-member present at a partkthlarworltslte Thdeslgned remrdsshel►bettrtresls for the CONTRACFD"lrvoicelO& E7TY. i Z006 37 r 313�1� ASSIGNMENT OF AWARD,ACCEPTANCE AND CONSENT TO ASSIGNMENT This Asskgnment of Award, Acceptance and Consent to Assignment Is entered Into at Tampa, Florida, this. -' day of IY14reA 2006, by and between DRC,Inc, hereinafter referred to as"Assignor', and DRC Emergency Services, LLC, hereinafter relented to as "Assignee", the address of which Is 740 Museum Drive, Mobile, Alabama 33608, and by and between the City of Tampa,a municipal corporation of the State of Florida, herehraf er,d erned to as"City', whose address is Municipal Office Building, 3D6 E.]aci6on Street, 2E,Tampa, Florida 33602. WI NESSETH: WHEREAS, Assignor and Cky on April 5, 2001, entered Into an Award for Debris Management Services, hereinafter rerened to as"Award"; and WHEREAS, Assignor desims to assign the Award to Assignee;and WHEREAS, the Award provides that Assignor shag not assign the Award without the written consent of City; and WHEREAS, City deems it In the best Interest of the citizens of the CFty of Tampa to consent to the assignment of the Award. NOW,THEREFORE, In consideration of the mutual covenants, premises and representations contained herein, the parties hereto agree as follows: 1. Assignor hereby assigns to Assignee the Award dated April 5, 2001 between Assignor and City, including all rights, Interest,obligations and responsibilities that the Assignor holds in the Award. 2. Assignee hereby,accepts assignment or the Award. Assignee warrants that It has carefully read all terms and conditions of the Award,and hereby accepts all rights, inberest,obligations and responsibilities of the Award. 3. The City hereby consents to the assignment of the Award from the Assignor to the Assignee. 4. This Assignment of Award, Acceptance and Consent to Assignment shall become effective only upon execution by all of the parties. 1 OF 2 IN WITNESS WHEREOF, the parties herebo have caused this Assignment of Award, Acceptance and Consent to Assignment to be mmAmd at the place and on the7dayreinabove first A : � IRC,IN BY: t~� (SEAL) mtrARY TITLE: g Direstor ATTEST: �L SIGN RC EM NCY SERVICES,LLC v BY: (SEAL)SECRETARY TITLE: Admini trative Manager a aTY OF TAMPA ( )CITY c�APPROVED AS TO FORM: /p� PAM IORIO, MAYOR lt1STI . VASKE ASSITrANT CiIY ATTORNEY 2OF2 PASMARM No.Dol. 3 i 1 A FASW N APHO MG AN ASMWWW OF/IMAM,ACM"AMM AM CD11#NT M AM16T MW orl" II THE MY OF IMK OMC. m MO OMC v4slo cr dO.MOM.ur-ODD m Tic FItOYD or O twtllAOcwr S =FM UK NY IM D VMMff OF PIKE V O NO TWSM WIM ODOMWOFI:APFAWDO THE ADEWAL OF AM ACIm WIMP IM CM OF TAM AM OW�SEW=Ur—Aff"MMO TIE a6MM NTIOMF m W/MT'M NWOIMOAW WPW MMTE WIOCAS, bT O.adI IF mwaaad In Maniddn MD.2DO14LIK Paad ad adoPW6 br td W Ooundl of Ow Oq d TOP M Ap0%M1,Oa W WMMO da W of,WO awwd fro an AW W W4 Wb DK kr 'or ft pw mh d D&b opMwMA 4 ,aad YAOt016 mlC bL drlr n sop tAaaaad n OK EMUVM 9WAM"POW PIN apaad Inerrata a$owaddipAortlra,tmOn ad WIOVA6, Pw W dw a In On bar ter d tti oAtass d the aY d Tm"n mst n&0 aa.9 pad wmpt&& and aaad ppddad lbr w wa Ydw Ow imnoo bma and Opt 0' as mn4Yrd pram wr, narrA aoaani n dia P•*4 ad IN PaMw hm t Al*OPOW n 9a1,danaor,. NOW,TMDIDO L E ITM MYO OYM CRY COMM OF TIE a"OFTMO%AOMDA: palm 1. 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That ft papr aAloq of dp W of Two an actadd n do W vow nosy ad POW ader n mtn/atad naM alAaewaer pte.Ybtaspr MwAMr.wad,tAA ptr alAtn aMAaerYlr topA6 tdopppu WUi 7 �Ieoi PFA MADADOKOWrIMCFry001M "VT A1M OM AIM���ppp���ttt/// O tAD QTY WIMILL affQWKOPM COY CLOD AFFMOY IL IMCF.Al rWrC x M l61M M.MtOIZ ApODFAMT QW AT7OIKY on i CITY OF 'PAMPA ` �asat�s•mem July 25, 2001 Thomas Rankin mte, Inc. 740 Museum Drive Mobile, AL 366os Subjeatt Un Op t►W" NUUMnM 7T OO nth= fiY GMW OOVS wWr 3u=fzns The city of Tewpe fas no obiaaeim to the use of the city s Debris Management contract with , f:0o. by other govenownt entities and Municipalitss. ra doing so, the Cantrretor agrees to provide these services with the sasse Prices, taxers and conditions as stated in the City a Contract. The Contract period is lrm 5. 2001 through f►mril 4, 2006. If you have any questions, please call Israel Segarra at (813) 214-0833. oan Traspo MaCo®ell Director of Purchasing 9Oa B JetlfsaU flltee[.16•Taupe,VJ=Id!8,60n-&LSMr*-gaf 1 i d _ 01/24/2006 15:05 0132740"-'t CITY OF TADPA ' QCt{p PAGE 01/01 CITY UF. TAMEP him>�.>�• W..confthoum Oeer oor,, I Yoga firm ha an mad whh ffie�Y d 7�tnpe bo provide ed�tlrt0 ewaed ap ron off. . in*ow yaorP ` y IenlMild !f nu ,: � hie � •� ', . ' fyBewi cOnba�t CdWpi at{� ;f�e,inetirs dwt your s tho rm" padod, gyoat aartpieoe;atah rat an*A*Omft SW*nent of L-*vd vdth +��tplry!}aaeipt d tti leer ar the aryN.l omliapt teN 6e nonetkred nan- tetieedbleand wl! r a wed d and of aid term:r you do not v4sh to nyew, pbm hSaftsoM saAptepdai sli tcelow. Ste, °.�nbrf�far�nantAhtiyiR ' STA784W OF Ifrfll3!'T mark Stafford ' b mnraa for 'ieny t�IrmR ead wnm mn. I A�egrf s�piat'7tes:xrtar>k;mpow . t 3*244"fa it re mum**rf wmw�. ��.wefirtl gktmr ,f{w iMi 'mv"a Jimmy q'UM'O W.cotft4sia-ZWWli3 a p6 Lam` zoz � a9 f a 0 CL .� a. E O Q $ � L 0 O \ E 01 y a'9. m o V� % b a d CL Lo v w s s d n r 0 ' w 5a Z q i8V (2 lit AGREEMENT THIS AGREEMENT made and entered Into at Tampa, Florida, this Zeday of 4ULi 1 2001,A.D. by and between the CITY OF TAMPA, a municipal corporation organized and existing under the Laws of the State of Florida, hereinafter referred to as*W,whose address is the Municipal Office Building being at 306 E.Jackson Street, 2E, Tampa, FL 33602 and DRC,Inc,hereinafter ne/en to as"Contractor",whose address Is 740 Museum Drive, Mobile,Alabama 36608. In consideration of the mutual stipulations, agreements, and covenants herein mtained,the parties hereto have agreed and hereby agree with each other or their exec trxs,administrators, heirs or so=ssors, and assigns,as follows: EM: Contractor shall at Its own cost and averse furnish the services described below and all material, equipment, tools, and labor of every dwrIption necessary for and to carry out In good, firm, substantial and workmanlike manner the following work as specified In the Contract Documents consisting of this Agreement and: (X) Addendum (X) Skklers Affirmation&General Conditions (X) Insuranoe Requirements (X) Specifications (X) Proposal#71060500, Debris Management (X) Bid Security SS�Q: Upon the faithful performance of this Contract work by Contractor, City shay pay Contractor for work performed and labor furnished at the prices set forth in Contractors executed Proposal. THIRQ: Contractor shall abide by, comply with, duly perform, and be bound by each and every one of the balm, provisions, conditions, and agreements contained in the Contract Documents. Contractor shall not transfer or assign this Contract without the previous written approval of City; and,during the progress of the work,Contractor shall comply with applicable Federal and State laws,and County and City ordironees and will hold the Cty harmless from any and all liabilities, damages,or costs arising out of any claim sustained by reason of default or neglect of Contractor. i RFIrH: Contractor shall commence the work and shall faithfully prosecute said work to is full completion within the number of days set forth in the Proposal. City shall have the right to determine all questions as to the performance, completion, and other matters set out in the Contract Documents. loft IN WITNESS WHEREOF, the parties have hereunto set their hands and seats, and as corporations have caused thew presents to be signed by their duly authorized offkas. ATTEST BYE Dick Green, Mayor aTf CLw APPROVED AST1: Samuel S. Hamil cam DRC, INC. ASSISTANT cm4xftom BY William S. Voael BY ATTEST: Type or Print TITLE: Vice President (Prm,V�Pres., ParWer, Owner) Corporation Partnership ( ) (SEAL)SECkFfARY Individual ( ) Robert J. Isakson Incorporated in the State of Managing Director / Secretary South Carnlina If business is Individually owned, you must sign before two(2)witnesses: WITNESS: WITNESS: If doing buslawa under a ficBtious name, you must submit a copy of your CertMabe of Regbtration' and a copy of the Legal Notice whkh appeared In a newspaper. I OF 2 �ASING/SSH/IS/SS RESOLUTION NO. 2UD1-_p R 4 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA ANO DRC, INC. FOR THE PROVISION OF DEBRIS MANAGEMENT-FOR THE USE OF THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING THE MAYOR TO E)IECIJTE SAID AGREEMENT PROVIDING AN EFFECTIVE LATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA,FLORIDA, Section 1. That the Agreement between the City of Tampa and DRC, Inc, a copy of which is attached hereto and made a part hereof is hereby approved. The Agreement shag be for a five-Mar Period from the at date s the awarding or approving Resolution, and may, by mutual agreement, be renewed at the same terms and conditions for one additional five-year period. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Agreement on behalf of the City. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necessary and proper in order bo carry out the terms and conditions of this Resolution which shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE���ORIDA, oNoN APR 0 5 2001 1/,� r ATTEST, CHAIRMAN, CITY COUNCIL CITY MtKK APPROV ED AS TO FORM : { sAp'tUEL S. ; t�AS25&STANT Ey 8 i i II ?_ROPOS�FOR DISASTER RIICOVERX�RViCES (#'11060500) $COPE OF SERVICES ONE—1) S MANAt;E Tt S It is the h tent of this Proposal for the CONTRACTOR to remove as quickly as possible all luzards to life and property reacting @om the Event in the City of Tampa. Clean up, demolition and removal will be task order(mtico-to-proceed)specific and limited to eligible debris. Fligrble debris shall be defined by the CITY as(1)that wbicb is determined to elmminate immediate threats to fife,public health, and safety;(2)that which his been determined to eliminate immediate threats of sigoificaut damage to improved public or private property,and; (3)that which is considered essential to ensure ecouomic recovery ofthe affected community to the benefit of the oomunnity at_large. Specifically the Scope of Services will include the items listed in Attachment I and priced in Attachment 2.3 and 4 of this Agreement under the corresponding headings. SCOPE OF SERVICEe mess:¢_,MCE[NICAL IMAR IM RECOVERY ASSISTANCE It is the intent of this Proposal for the CONIRACTORto provide disaster recovery technical assistance to appointed and elected officials within the CrM This service shall include pin and prajeot Management Assistance. SpeaScaliy the Scope of Services will include the items fisted in Attachment 1 sud priced in Attachment 2 of this proposal under the corresponding headings. SERVICES A1VI)FACII.IT�S I .It is understood that,except as otherwise Speafically stated in this Proposal and Attachments to this proposal,the CONTRACTOR shall provide and pay for all labor,tools,equipment, transportation supervision,and sll 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. All unties Proms involving a time-and- materials portion ofthe Proposal shall have a notAO-m eed amount placed within them as agreed upon by both parties. PERNJITS A nrn r iL�NSES Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be sensed and paid for by the CONTRACTOR with the assrstinice ofthe( rff,unless otherwise stated in this proposal, The CONTRACTOR shall tot be held responsible to setae permits and/or licenses which the requirements for same have or will be warned due to a declaration of an emergency or disaster. jS MRRVI5ION BX CODPI'R.4CTOR Under the general oversight of the CITY,the CONTRACTOR will supervise and direct all work, workers and equipment. The CONTRACTOR is solely responsible for the means, methods. Pas--3 i techniques,sequences,safety program and procedures utilized. The CONTRACTOR will employ and maintain on the work ste a qualified aipevisor(s)who shall have full aaffionty to as an bebalf of the CONTRACTOR and all communications given to the supmvisw in writing by the Cn-Ts Authorized Representative shall be as binding as if given to the CONTRACTOR The names)of the supervisor(s)will be supplied to the CITY for each issuance of a Notice-To- Proceed through an attachment to the Agreement resulting from this Proposal in the form of a Memorandum for the Record_ CUAN ES IN SERVICES The CITY nay at any time.as the need arises,order changer within the scope of services without invalidating this Proposal.All services related to disaster recovery shall be deemed as germane to the intent of the Proposal. The CITY and the CONTRACTOR shall authorize all danger affecting the projees costs or mpdificatioos of the terms or editions of the Agreement resulting from this Proposal by means of an official written Contract Cheap Order that is wally agreed upon and aged by both parties.All clumps must be recorded on a wrinen Contract Cbang¢e Order before CONTRACTOR may proceed with the changes to the Services provided. Tj=d OF AGRs'R T The term of the Agreement resulting from this proposal shall be.for five consecutive years beginning on the date of acceptance by and signatures of the CITY and CONTRACTOR, whichever comes later. ,FFddEW OF The Agreement resulting from this Proposal shell be renewable after the initial term on eo additional term equal to the fast unless either party gives w=an notice of termination 90 days prior to the end ofthe imtialterm /Iny negotiatest changes to the teime and specification !Ules diotheAgrprice sibsequectly enacbe d)td rids Proposal shau be.reviewed on an anwal basis er which time amended unit corm ehaII be submitted by CONTRACCTOR to CITY to reflect the cement coals attached phu as increase in costa equal m the aarent Con umer Price Indar(CPI)pha two and one half peroar t IC m Current Prtce;CPI Consumer Price Index I=Increase in price(i e.: CrcCPIx25 o-l;C+I=New Price). TERhIINATIOIV Either party upon 365 days mitten notice to the other party may terminate to Affeemeat that the. resulting from this Proposal Should either party have reasonable grounds to believe other party has materially breached the terms of the Agreement resulting from-this Proposal,the non-breeching party may deliver written notice to the other party itemizing,with speelfruaty, Pap; each alleged breach Should the said party fail to begin to substantially repair said breach within ten(l o)days of said written notice,the non-breaching party may declare the contract terminated. INSURANCE AND BONDS , CONTRACTOR shall name the CITY as additional ironed on CONTRACTOR's insurance policies CONTRACTOR shall maintain the following insurance limits: Worloer's Compensation—Statutory Limits of the State of Florida; General Liability—One Million Dollars(S1,000,000.00)any 640 occurrence; Additional liability Umbrella—Five Million Dollars($5,000,000.00) CONTRACTOR shall provide the CITY a Certificate of Insurance evidencing such coverage.. At the CTTY's option the CONTRACTOR will finish a performance and payment bond for any andlor all Notices-To-proceed.The cost of said bond premium will not be an additional cost to the CITY. CERTIFICATES OF INSURANCII: Required insurance shall be documented in artificates of m5urance,which provide that the CTTY shall be notified at least fluty(30)days in advance of cancellation,con-rmewaL or adverse change.New certificates of bmrance ere to be provided to the CM at least fifteen(15) days prior to coverage ranewala Receipt of Certificates or other down of insmwwc or policies or copies ofpolicies by the CITY or by any of its rePFW=WvM which indicate less coverage than is required,does not constitute a waiver of CONTRACTOR'S obligation to fiilfill .the insurance regrtaements herein. WARRANTY OF Tni F AND WABSROYLLM The CONTRACTOR shall not at any time suffer or permit any lien,attachment,or any other encumbrance under the km of the State of Florida or oftMw none due to become Or ef for any Wbomsoever to rrarrein on file with the CTTy against any y work done or materials f urni"under this proposal or by any reason or claim or demand against CONTRACTOR Such lien,athnchrtrnt or encumbrance,until a is removed,shall preclude any and all claims or demands for any payment by virtue of this proposal. SiUBCON't73a_ The CONTRACTOR shall be My responsible to CITY for the acts and omissions for its subcontractors and of persons duectlY or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it Pap 5 a a � The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the services and give the CONTRACTOR the some powers regarding terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this proposal. Nothing contained in this Proposal shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcoatractms and materials suppliers when requested to do so by the CITY upon activation of the Agreement resulting from tiffs Proposal and updated by the CONTRACTOR to the CITY on a biweekly bass during said activation. The CONTRACTOR shall not use a subcontractor or material supplier whom the CM has a reasonable objection to,and abed make all reasonable attempts to subcontract with local firms currently doing business within the CITY. CITX OBLIGATIONS The Crl y shall furnish all information and documents necessary for the commencement of services,to include valid written Notices to proceed-The CITY sball also provide field inspectors of a sufficient quantity,as defined by CONTRACTOR,to facilitate qualitative and quantitative doammon of the services. A representative will be designated by the CITY to be the primary Point of Contact for say Murpretabous aad/or negotiations related to this Proposal or resulting Agreement and for answering any on-site questions after activation of the Agreement via a Notico-To-Proceed This person shall be the Director ofthe Department of Public Works. AR TTRATION The parties hereto agree that all disputes,claims or controversies of any kind or nature arising between the parties or arising from or relating to this contract or the relationships which result from this contract,including but not limited to,all controversies relating to the existence, construction,performance,eufflnoement or breach of the contract,or tort claims shall be billy and finally resolved by binding arbitration. Without limhadD'6 the arbitration provision shall apply to any third Pffih whose liability is contingent on the liability of arty party hereto, including but not hmdW to,bonding companies. It being the intent of the parties tbat Ibis pmvison shed[apply to all controversies to the fuUest went. The parties specifically waive any ngbtsto commence any action other than arbitration. Any patty desamg m initiate arbitration shall do so by making written demand the close on the other. Said demand sbaU containa the rime statement setting forth the nature of the&spate,the remedy son& setting forth of the arbitrator. The responding party shall file a response within fifteen(15)days any counterebira and naming an arbitrator. The two designated arbitrators shall choose a third arbitrator. In all other respect,the parties and arbitrators sball be guided by the rules and procedures of the Construction Rules of the American Arbitration Association. Any reward Page 6 rendered by the arbibators may be entered in any court having jurisdiction thereof. The arbitwien shall take place in M sborough Cmmty,Florida and the laws of the State ofFlorida shall apply. Furtbe mom in all events,no patty shall be liable for indirect,special. consequential or punitive damages. ENTME AGRF.EBffiiT The Agreement resulting from this Proposal and Attacbments tefaTed to therein,contain the entire Agreement oftbe parties,and there am rw other binding promises or conditions in any I other Agreement whether oral or written PsV7 i PROPOSAL FOR MASTER 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 and/or a scope s:xafic task order- SCOPES OF SERVICE DEBRIS REMOVAL Emergency Road Clearance Tlx CONTRACTOR shall accomplish the wding,tossing and/or pushing of debris from the primary iiansportation routes as idcr ed by and directed by the CTTY. This operational aspect of the scope of services shall be for the first 70(plus or mimrs)hours afw an Event Once this task is accomplished,or is sufficiently underway,the following tasks may begin as regnued. Debris Removal from Public Riglits-of-Way As identi5ed by and directed by the C]TY,the CONTRACTOR shall accomplish thy pick-up and hauling of all eligible debris to the designated Tomporary Debris Staging and Reduction Sites(TDms,$)from public rights-of-way,and shall maintain debris work sites to appropriate use standards,safety standards,and regulatory re quxmments. Demolition of Straeteres,Debris Removal from Private Property(mot-of Entry Program)and PabUdy Owned Property(other tbas Righb-of-Way) Should an imminent threat to life,safety and health to the general public be present on private ply or publicly owned property as refia eared above,the CONTRACTOR as identified by and directed by the CITY,will accomplish the demolition of structures and the removal and relocation of the debris to the public rights-of-way. This service shall commence upon receipt by CONTRACTOR from the CITY the completed right of an"forms,hold harmless agrecmrems, the non-duplication of benefits agreements,an address specific task order,and the physical muldng of each strudmme by the CITY. The CONTRACTOR will place all detnris collected through this process in the public rights-of-way,where the above scope of services(Debris Removal from public Rights-of way)shall commence. The CITY fads that it is 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 rquirements. tW s Hazardous Stamps(Removal,$adt4fi0,Haul) As identified and directed by the CITY,the CONTRACTOR-shall remove all hazardous stamps, as identified by the CITY,and W each stump to a TDSRS. -Each stump shall be inspected by the CITY and CONTRACTOR inspectors and documented as to the appropriate category of size for imvoicing(see Attachment 2 for size categories and prices). The CONTRACTOR shall back- fill each stump bole with compatible material as determined by the CITY and CONTRACTOR en felling) CONTRACTOR- Leaning Trees/ Limbs �Lea � �Se g Hanging (1Ym As directed by the QTY,the CONTRACTOR shall trim,art and/or fell all leaning trees and/or j hanging Bmbs,as identified by the CITY. Each tree and limb shall then be placed in the right-of- way where the debris resulting fiom this scope of services shall be removed utilizing the scope of services above. Pricing for this scope of services is located in Attachment 3 to this Agreement Temporup Debris Staging and Reduction Sites(TDSRS) The CONTRACTOR will operate and manage the TDSRS's to accept and process an event debris Any site preparation,to inchide but not limited to any site work and materials necessary to build nndTm;tdain roads for ingress or egress,or any roads throughout the site;the construction of a roofed inspection tower sufficient for a minimum of three(3)inspectors;any eavirasmientai requitemeirm to include but not limited to wind-born debris control fencing, silt feaciag or water retention berms;the construction of an area for an office trailer and parking; and any other items necessary for site operations and management sball be negotiated upon issuame of notice-to-proceed by the CITY. .The inspection of avety load,in and out,is fiuther defined in the down section below. All debris will be processed 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 incineration when approved,or tither alternate methods of reduction such as compaction 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 lotatiou(s)geed to by both pasties. The MY sball maintain ownership of and ad as responsible party for all debris under this Agreement. 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 MffluW netrt Plan and Errnirormrenral Preractiom Plmr. The TDSRS will be rested to its Pre-Use Condition_ Associated costs for site reclamation shall be negotiated and agreed upon by both parties. Page 9 I i t Disaster Event Generated 13raardons wastes Abatement CONTRACTOR shall abate a1l,bazacdous 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,Hazrdous waste abatement shall be accomplished in accordance with the CONTRACTOWsDebnsMmwgemmtP&m and Enwromnerrial Protection P&m. Prices for this Service included in this agreement as Attachment 4. Sand Sc eenin[ The CONTRACTOR shall screen all sand,as directed by the CITY,to remove all eligible debris deposited by an Event 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 though the screen and rearming clean sand to the apinco mate original location on the beach as directed by the CITY. Debris removed from and will be picked-up,hauled and processed utilizing the scope of services located above for Debris Removal from public Rights-of-Way. Documentation and Inspections All storm debris shall be subject to inspection by the CITY or any Public Authority in accordance with generally accepted standards to nsure compliance with,the contract and applicable local state and Federal laws.The CONTRACTOR will,at all times.provide the CTTY access to all work sites and disposal great In addition,authorized tep[eserdatives and ageets 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 the contents and cubic yards of the vehicles entering the TDSR.S's.Records will be maintained of every vehicle entering the TDSRS,its cubic yardage and verification the vehicle leaving the TDSRS to ensure that it is in fact empty.The CONTRACTOR and the CITY will monitor the material to determine that it in fiat consists of eligible debris.The CONTRACTOR and-he CITY will but in place at the pick up site,personnel to verify the comerds,location, date and time of the vehicles departing for the TDSRS.Priorto use the CONTRACTOR and the CPTY will eatablish and record the certified cubic yard capacity and will inspect each baud track The CONTRACTOR will include and provide disposal tickets,field inspection reports,and other data sufficient to provide substantiation for Federal 9E'MA,der.)and State reimbursement,if applicable.The CONTRACTOR will assist the CITY in preparation of Federal 90AA)and State reports for any potential reimbursement tllr IA the training of CITY employees and the review of documentation prior to submittal The CONTRACTOR will work closely with the Florida Division ofEmergency bf=Wmw#,FEMA and other applicable State and Federal. Agencies to h u nre that eligible debris collection and data documenting same appropriately addresses concerns of the lilrelp m gMWrsemeat agencies. Post 10 3 1 1 Priorih of work Areas The CITY will establish the priority of and shall approve the work aces in advance,which 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 sue from which the eligible debris was removed in a cle m and neat condition with the understanding that there will be certain debris that is not picked tip by equipmert,machinery and general laborers used by the CONTRACTOR Determlastirm ofwhen a site is in a clean and neat condition will be at the reasonable judgment ofthe CITY. Woridaus Horns All activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only.Hauling of eligible debris to The IDSRS'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 holiday&it is understood between the parties that at the TDSRS's,debris reduction may take place twenty-four(2 4)hours,seven(7)days per week if the CONTRACTOR deems it necessary and safes CONTRACTOR shall be responsible for obtaining sites to stage equipment,such as trucks,while not in use. Debris Disposal The CONTRACTOR shall dispose of all debris,reduced debris,ash residue and ather products of the debris management process in accordance with all-applicable Federal.State and local laws,standards and mgulationa Final disposal locations shall be at the discretion of the CONTRACTOR with prior acceptance ofthe clTY. Information regarding the location of final .dispoud shall be attached to this Agreement in the form of aMemoraadum fur the Record_ The CONTRACTOR and CITY inspeetm assigned to the disposal process sball maintain disposal records and documentation. Doammtmabon shall be quantified in Cubic Yards. White Goods The CONTRACTOR may expect to encounter white goods available for disposal.White goods will coastituta bousthold appliances as defined in the Florida Administrative Code.The CONTRACTOR shall dispose of all white goods encourrtered in accordance with applicable Federal,State and local laws. Any white goods that may contain Freon,such as re igerators,fieems,or or conditioners,shall have the Freon removed by the CONTRACTOR in accordance to applicable reg<datory requirements.The costs associated with Freon removal are located in Anwiment 4 of this - Agreemant There is an additional payment made for handling of white goods,as this cost of work is included in the cubic yard unit price for debris removaL NBC 11 i T•FCOUCAL DISASTER RECOVERY ASSISTANCE TTEm Ir PROGRAM MANAGV"NT ASSISTANCE SEE NOTE(I) ]. PUBLIC ASSISTANCE PROGRAM a) p m s.uom Eaat(DSA)arProiect WadcdodlPWI D Official DSRIPWm*msb-AaistClPYpetsoonelmthefollowmg: a) IdmUficahm of m pm&=u ehgNe for mmbmsement b) Sobowggimofofficial-request ftDSRinspection- Low govemmmt repteseatatiman DSR/PW team-Tram and assist MY personnel to amompLsh the Shcowmg a) IdmpdSptim of digrble items for remkorsam®t b) Review of DSR/FW fiat amrrate scope of work c) Review of DSR/FW for accurate Wait costs al is dra full ih) Recovery process docammtatim-Assist MY personnel Owing: a) ' Cteatim of raeoveryprocess docmnautatim plan b) Maintenance of doc ammdatim of recovery PWCM iv) Force account labor vs.cowed labs a) Reoommenda0cas to govemmmr offcials mated to caanact autLh= fro accow t labor v) Recovery P a) RecoMMOUbtiCle ID OUt CO�m need to rsmnad 5x project management fat projects.requirig4 intense oversight b) DSR/PW g through Stara and Federal procm c) Written and anal stags reports W gavemmet officials b) D2c2muim Suwon i) Review ofrecm*system for appiimbilitym Federal and State requirements u) orientation and- i-g of Depat�Diti$iW Heads an'Equirmuents ymldy and quantity of regdmed docameatation in) Assist in aelediat of"Clark of Records"and provide detailed training for dom mmblin iv) Review docummateltim Sot a=uscy and quantity v) Assist in praparmim ofdaim dncrnnmtabm c) md Reoammmdations to government officials on plans of action h) Provide guidance to government amcisls m issmes mvolvmg Federal and State reimburseseot iir) Assist CITY officials in negotiations with Federal and State oflkWs d1 NOTE(1): Ilds is the concept of complete recovery m rurgeasent ntpporr where COYMCTOR would ass&an appdcmnt an all aspectr of the recovery process.CONMCTOR personnel cannot assume the SoNrrti7tgn I)cdler of the t:7TY officials;therefore These servlms shall be to the form ofguid0mV trod eonnelwoon. Page 12 I ITm II: PROJECT MANAGEMENT ASSISTANCE SEE IVOTE(2) 1. Define and/or review project scope of work 2 Assist government body in writing're �fix Proper" !, 3. Review prapnsaldbids 4. provide recommendations for award of eontrad 5. Define and/or review contract e®s 6. Ensure gw1ky wodr&mugb impactions and management technique a) oversee pn jedfor cowplia=with scope ofwork b) Dasiga methods to MhOdn doamrmtatim to verify c4nry witb scope of work and FFMA eh4ftflity c) Sapposttho TOM estafnrpaym aLtoeasurecompGaaoewithcantradterms d) Develop Progress reports forgoveMMAIA officials a) Verify completion of scope ofwodctask items for coc rad close-out f) praarce final inspemm report for use in close-out audit for reimbursement by FSMA 7. Emwlw ofprojocts a) Debris mmovah and disposal b) Demoliticu and dispoml of public and/m privam PrnPwtY c) Construction of emergency protective measares i) Krems ii) Dikes hn) izvees iv) Dena d) Force account labor and/or coatmct projects e) Recoustructim and/or repair of 0 Airports and faeftm a) Water,waste water and industrial waste treatment Plants iii) Fbspitals,schools and office buildmgs . iv) powerplants v) K%Wg and railway tainels NO Pumping stations vie) Incinerators vedlor compadem via) Wate&mtradlormanneta®alfamWm m) Industrial buNiags,watebomes,garages hangars and comparable structures %) Highway and milway bridges xi) Roads and streets x0 Cowandonal Iwaes,flood walls and retaming walls xis) Small dams rdv) Sturm sewers and dram xv) Sankuy sewers xvi) Water dishrihntim lines xvii) Iaigabm wodrs IVTE(2): This is the concept of cwaphte project mraragemod suppmtwhsre DRC,Am would represent tar applicant to all aspects of a particular pmJect,where DRC,Ina a not the contractor physically perforating the service, w taclude management offorre accowrt labor, contract and contractor. Page 13 PROPOSAL FOR DISASTTr.RRECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/ot tssb to be provided by CONTRACTOR to CITY upon issuance to the CONTRACTOR of a Notice to Proceed. Costs denoted by an hourly dollar amount represent an hourly rate for persocorl and/or equipment services. Costs denoted by a unit price denote the cost per Cubic Yard or cost per Ton to provide the appropriate services of debris removal. CosWisticing located in the Attachments of this Agreement may be reviewed on an annual basis, at which time,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 Amchmeat 2,3 and 4 of this Agreement Such amendments shall become part of this Agreement after a concurrence and signature ofboth parties. CONTRACTOR INVOICIIgTG The CONTRACTOR may invoice the CITY not more than once every fifteen(15)Days. Fifteen(15)days after beginning work and/or providing services described in a Notice to Proceed,the CONTRACTOR shall submit the first payment request to the CITY. The payment request shall be filled ott amd signed by the CONTRACTOR covering the work performed during the period wed by the payment request and supported by such data as the CITY may reasonably require. The CITTshall,within five(5)working days of receiving such payment request,finalim review of documentation and make any requests to CONTRACTOR for clarification of dtgmted items. CITY shall make payment to CONTRACTOR within thirty(30) days of receipt of such payment rawest of all dollars invoiced that are&spated as stated above. CONTRACTOR will be subject to audit by Federal,state and local agencies pursuant to this contract. The invoice must contain the following items as applicable to individual teak orders: COSTS FOR SCOPES OF SERVICES Measurement curd Payment for(lathering,Pick-up,and Mailing to TDSRS,Processing of Debris item Public Rights-of-Wa7;Hauling of Debris from TDSRS to Final Disposal Site The CONTRACTOR will net be compensated for disposing of any material not defined as' eligible debris.The CONTRACTOR and CITY will inspect each load to verify 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 f tcality and no payment will be allowed for that'1oad. and the CONTRACTOR will not invoice the CITY for such loads.For each suitable load picked up,hauled,processed,a.r000rd of the cubic yards will be recorded by the CONTRACTOR and CITY on numbered tickets m led by the CONTRACTOR Copies of each load record well be available to the CONTRACTOR and the CUTS designee on site.Each invoice shall contain verification of each cnbic yardage load ticket and also contain a summary sheet indicating,by Page 14 it 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 rimmed to the CONTRACTOR,within five-(5)wonting days of invoice date, for additional clarification prior to payment of those tickets.The CONTRACTOR shall receive: Thirteen Dollars and 25/100($f 3.25)per cubic yard,up to a fifteen(15)mile one-way hail; Fifteen Dollars and 0an00(S15.00)per cubic yard,for a fiffm to thirty(15-30)mDe ore-.way haul;Sixteen Dollars and 95/100($16.95)per cubic yard,for a thirty to"-five(30-45)mile one-way haul;Ninteen Dollars and 75/100(S19.75)per cubic yard,for a forty-five to sixty(45- 60)mile one-way herd;for the material from public rights way that is gathered,picked up, hauled to a TDSRS by the CONTRACTOR CONTRACTOR shall receive bight Dollars and 251100(S8.25)per cubic yard for the processing ofall debris at a TDSRS. CONTRACTOR shall receive:Faglrt Dollars aW 75/100(S8.75)per cubic yard for each load beaded up to a fifteen (15)mile one-way bait;Ten Dollars and 95/h00(S10.95)per cubic yard,for a Been to thirty (15-30)mile one-way haul;Twelve Dollars and 20/100(S1220)per cubic yard,for s thirty to forty-five(30-45)mile one-way haul;Fourteen Dollars and 35/100(S1435)per cubic yard,for a forty-five to shay(45-60)rile one-way haul;from the TDSRS to the final disposal site as designated by the CITY. Disposal costs(Tipping Fees)shall be the responsibility of the CITY. Measurement and Paver Emeemeaev Read Cleaned Demoti&n of Strnrtares. Debris Removal from Private prop a4'Oirt-of Fans;:Prowirm)Limbs cad Pablicv owAed Propyrty coder than ffiehts-eMn)and Catthn_,Triimmine and/or FeUme of Measurement of then services utilizing other than an hourly rate is difficult at best and would potentially lead itself to unnecessary disputes. Therefore,the Cn Y and the CONTRACTOR agree that the CONTRACTOR shall invoice the CTTY utilizing the hourly rates listed in .Attachment 3 to this Appreament A rat-o-weed amamt shall be placid upon any specific work performed at an hourly,Tate at time of issuance of a Notice-to-Proceed by the CITY to the CONTRACTOR as agreed upon by both parties. The CITY and the CONTRACTOR shall have inspectors in the field with each work crew to monitor,record,and sign time sheets far the serval times worked far each piece of equipment aid crew-member present at a particular work site. These signed records shall be the basis for the CONTRACIOR's invoice to the CITY. Hazardona Stateus(Removal Baek-®l.Haul to TDSM The removal aW banding of hazardous stumps is a unique process regdring specialized eWipmenL As such,this process requites a unique documentation and costing Each stump will be measured by the C1Ty aid CONTRACTOR inspector assigned,three(3)feat above normal ground level,to determine the diameter of the trunk. Once the diameter is established,the stump will be physically numbered by the bast means available,photo documented by the CITY and recorded by the inspectors on a specific record provided by the CONTRACTOR The CONTRACTOR shall invoice the CITY for hazardous stump removal and hauling to the TDSRS tm7izing the following categories: Pa¢15 i f Up to but lass 6 inch diameter- S 250.00 per suanp 6 inch diameter and up,but less then 12 inches- S 500.00 per stump 12 inch diameter and up,but legs than 24 inches- S1,000.00 per sump 24 inch diameter and up,but less than 48 inches- S1,500.00 per stump Equal to or greater than 48 inch diameter- 52,000.00 per stump The CONTRACTOR shall invoice the CTTY,an amount to be negotiated at time of need,per cubic yard for ac quuiug,hauling and placing clean ba&-fill material in holes left by hazardous stamps. Sand Serseabte The CONTRACTOR shall invoice the CITY Nine Dollars and 75/100($9.75)per cubic yard of sand screened,to remove eligible debris deposited by an Event This cost includes pickup of debris laden sand,hauling to the processing screen located on the beach,processing the sand throngb the screen and retuning dean sand to the beach as directed by the CITY. Debris removed front and will be picked-up,hauled and proceed ntTing the costs located above for Debris Removal from Public Property. TECHNICAL DISASTER RECOVERY ASSISTANCE TI M I- PROGRAM MANAGEMEIHT ASSISTANCE All costs associated with this service during disaster activatious are included in the costs listed above. There will be no additional cost for this service. rind M PROJECT MANAGEMED1T ASSISTANCE DRC,Inc.win provide Project Management Assistance as defined m scope and enumerated within Attachment 1 of this Agreement at the following costs: Job We Unit hate Vice President/Pro Director/ Hoully $150.00 senior ect Aftnafter $120.00 $95.00 Field Coordinator. Hourl $75.00 Feld Inspector Houdv S65.00 Proied Admmisitator Hourly S55.00 Teleconferencing shall be invoiced at am+s=�one(1)hour and subsequent hours. As-Needed.OU-Sight-Consultadon shall be billed at a minimum 4 hats for a single twenty-four (24)hour trip to the CITY. Page 16 Temporary-Full-Time-On-Sight-Consultation requiring an overnight stay,where DRC personnel are unavailable for deployment to other DRC clients,will be billed at a rate of a minimum of eight(8)hours per day. Should the CITY determine that Saturday's or Sunday's be considered a "day-off and the tolloming Monday is a`work-day".DRC plasormel will not be billed at the hourly rate for that day,but will bill for curt-of-pocket costa(see below). Should the CITY determine that Saturday and Sunday are both a"day-off"and the following Monday is a"work. day",then DRC shall invoice for personnel at four(4)hours total for both days,per person,as stand-by time over these days. All Out-of-pocky costs shall be invoiced to the CITY at actual cost Out-of-pocket costs include,bat are riot limited to: bdgin&rental vehicle; airfare,per-diem and/or actual subsistence dependent upon person,normal office supplies as reepm d,etc. Page 17 ADDENDUM TO DEBRIS MANAGEMENT AGREEMENT I. MJO JMW LEVEL OF SERVICE The Contractor shall provide the City of Tampa multiple estimated minimum level of service commitments at the time of a'Declated Emergency"by the City. These multiple commdtrmeota shall include,but shall out be limited to,mobilization schedules,estimated number of calendar days for completion and resource designations. The multiple commitments shell also be commensurate with the required minimum level of service for varying degrees of severity of the event_ The determination as to which minimum level of service commitment is implememtod shall be the responsibility of tiro City. This shall be based on the actual severity and impact of the event 2. PERFORMANCE REMEDY NOTIFICATION, Failure of the Contneclor to meet the minimum level of service commitments,once debris management services commence,shall result in the issuance of a Performance RemcelyNotification from the City tothe Contractor. Once this issued,date and time stamped notification is the Contractor shall have a twenty-four(24)hour period in which tond respond(in writing)a tale corrective action. Failure to do so may result in the assessment of liquidated damages against the Contractor ur its Surety. 3. LIQUIDATED DAMAGES. It is mutually agreed between the parties that timer is of the essence is this Contract. It is also mutually agreed that there will be,on the part of the City.considerable monetary damage in the event the Contractor sbmdld fail to meet tie minimum level of service commitment agreed upon. The amounts Eby established of fiquhimcd damages for each and every calendar day fbllowmg the twcuty-four(24)hour response period that ca recuve action is of takea following a Performance Remedy Notitits4oa from the City to the Contractor are u follows: EV07CATF.GORY LIQUIDATED DAMAGES PER DAY Category 1 $5,0DO.0D Category 2 $7,500.OD Category 3 S10,000.00 Category 4 S25,OOD.00 Caftmy 5 $50.000.00 These amounts shall in no event be considered apenalty or otherwise than as the liquidated and adjusted damages to the City. The Cuntracsw andler his Staety agree that the stated sum per day for each such calendar day shall be deducted and retained out of the moneys that may become due hereunder. If not An deductible,the Contractor ad/or bit Surety shall be liable therefor. 4. RETAINAGE FEE. The City shall withhold a retaiage fee in the amount of ten percent of the value of the work complied u atti8ed until fifty percent(50%)of the estimated amount Of the project is completed..When the dollar value,as determined by the City,of satis&ctorUy completed work is greater than fifty percent(50%)of the estimated contract prig,vouchers for partial payment will be issued by the City to the Contractor in the amount of 100 patent(IOD%) of the value of the work,above fifty percent(5(1%),completed as certified for that payment prriod. 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That the Agreement between the City of Tampa and DRC, Inc., a Copy of which Is attached hereto and made a part hereof Is hereby approved. The Agreement 00 be for a five-year period from the effective date of the awarding or approving Resolution, and may, by mutual agreement, be renewed at the same lemns and conciftr s for one additional five-year period. Section 2. That the Mayor of the CRy of Tampa Is authottzed and empowered to execute, and the City Clerk to attest and affix the offSdal Seal of the City to,said Agreement on behalf of the CRY. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necmary and proper In order to carry out the tams and cxdVons of this Resolution which shall take effect Immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE ORIDA, ON APR 4 5. 2001 1 CHAIRMAN,CITY COUNCIL ATT67) •v������a7GT��(�>rl/ CITY CLEM APPROVED AS TO FORM: { tAALIELSPOALT14 V_./ l SSISfANT C17TAVORNEY 68 AGREEMENT FOR DISASTER RECOVERY SFRVICFS Attachment 3 Measurement and Payment for Emergency Road Clearance, Demolition of Structures,Debris Removal from Private Property (Rigbt-of Entry Program) and Publicly Owned Property (other than Rights-of-Way) Hourly rates to be applied to Services as referenced in Anachmenl 2 of this Agreement. Equipment Description Unit Unit Price 30 Ton or larger Crane Hour $170.00 50' Bucket Truck Hour $140.00 Track-Hoes—John Deere 690 or equivalent Hour $120.00 Wheel-Loader 644 or equivalent Hour $120.00 D6 Dozers or equivalent Hour $120.00 John Deere 544 or equivalent Hour $110.00 Equ pment Transports Hour $90.00 Service Truck Hour $65.00 Bobcat Loader Hour S60.00 Tractors with box blade Hour $35.00 5 Cubic Yard Dump Truck Hour S35.00 (The above rates include operators.) Personnel Description Unit Unit Price Cbmber with gear Hour $95.00 Superintendent%ith Truck Hour $55.00 Foreman with Truck Hour $55.00 Operator with Chainsaw Hour $35.00 Survey personnel with vehicle lour $31.00 Tra is Control Personnel Hour $31.00 Inspector with vehicle Hour 1 $31. 0 Laborers Hour $26.00 DRC,Inc.Technical Proposal Page 71 PERSONNEL PROJECT CLASSIFICATION Per Hour OT PROJECT COORDINATOR $136.90 $204.75 FIELD HAZ MATERIAL MANAGER $89.05 $133.58 HM CONTAIN AREA MANAGER $89.05 $133.58 FIELD PROJECT SUPERVISOR $78.65 .$117.98 HM CONTAIN AREA SUPERVISOR $78.65 $117.98 FIELD PROJECT FOREMAN $72.93 $109.40 HM CONTAINMENT AREA FOREMAN $72.93 $109.40 FIELD HM TECHNICIAN $68.25 $102.38 HM CONTAIN AREA TECHNICIAN $68.25 $102..38 HEALTH & SAFETY SPECIALIST $78.65 $117,98 PROJECT ENGINEER $78,65 $117.98 PROJECT GEOLOGIST $78.65 $117,98 CHEMIST - $78.65 $117.98 REGULATORY MANAGER $89.05 $133.58 EQUIPMENT OPERATOR $80.06 $90.09 ASBESTOS ABATEMENT SUPERVISOR $54.60 $81.90 ASBESTOS ABATEMENT WORKER $49.40 $74.10 ASBESTOS INSPECTOR $65.00 $97.50 TRUCK DRIVER $62.92 $94.38 ADMINISTRATIVE ASSISTANT $41.60 $62,40 CLERICAL $31.851 $47.78 VEHICLES/TRANSPORTATION DESCRIPTION COST UNIT PICKUP TRUCK $101.25 DAY PICKUP TRUCK EXTENDED CAB $114.75 DAY PICKUP TRUCK 4 X 4 $114.75 DAY PICKUP T UCK 1 TON $155.25 DAY BOX TRUCK $162.00 DAY PASSENGER CAR $87.75 DAY 20' RESPONSE TRAILER $405.00 DAY 36' RESPONSE TRAILER $405.00 DAY I OFFICETRAILER $270.00 DAY FLATBED TRAILER $81,00 DAY I VEHICLE USE- PICKUPS, VANS, CARS $0.46 MILE j VEHICLE USE-TRAILERS, HEAVY TRUCKS $0.65 MILE 12' WORK BOAT W/MOTOR $155.25 DAY 12' WORK BOAT W/O MOTOR $87.75 DAY VACUUM TRUCK 3500 GALLON $1,620.00 DAY DRC, Inc. Technical Proposal Page 72 it I PERSONAL PROTECTIVE EQUIPMENT (PPE) DESCRIPTION COST UNIT LEVEL A EMPLOYEE FULLY ENCAPSULATED SUIT, SCBA, 1 SCBA BOTTLE, GLOVES AND BOOTS (DOES NOT INCLUDE SUIT, GLOVE, OR $455.00 DAY BOOT REPLACEMENT) LEVEL B EMPLOYEE PROTECTIVE COVERALL, SCBA OR AIRLINE RESPIRATOR, GLOVES, BOOTS, $227.50 DAY AND HARD HATS (DOES NOT INCLUDE COVERALL OR GLOVE REPLACE.) LEVEL.0 EMPLOYEE PROTECTIVE COVERALL, HALF OR FULL FACE RESPIRATOR,CARTRIDGES, GLOVES, BOOTS, AND HARD HATS (DOES NOT $110.50 DAY INCLUDE COVERALL, CARTRIDGE, OR GLOVE REPLACEMENT SCBA BOTTLES REFILL-AFTER THE FIRST INCLUDED IN LEVEL & B CHARGE ABOVE $22.10 EACH CASCADE AIR SYSTEM PER EMPLOYEE $97.50 DAY AIR FILTRATION PANAL $188.50 DAY AIRLINE RESPIRATOR EACH INCLUDES 150 FEET $83.20 DAY OF AIRLINE RESPIRATOR AIRLINE 50' SECTION $16.90 EACH RESPIRATOR CARTRIDGES $32.50 PAIR LEVEL A SUIT- KAPPLER RESPONDER OR EQUAL $812.50 EACH LEVEL B SUIT- KAPPLER RESPONDER OR EQUAL $500.50 EACH TYVEK $6.50 EACH PROSHIELD $10.40 EACH SARANEX $19.50 EACH ACID SUIT $117.00 EACH RAIN SUIT $39.00 EACH NEOPRENE GLOVES $15.60 PAIR NITRILE GLOVES $18.20 PAIR SILVERSHIELD GLOVES $33.80 PAIR PVC GLOVES $10.40 PAIR COTTON OR LATEX GLOVES $2.60 PAIR LEATHER WORK GLOVES $15.60 PAtR PVC BOOTS HAZMAX $24.70 PAIR BOOT COVERS $9A0 PAIR HEARING PROTECTION $2.60 PAIR HIGH HAZARD PERSONNEL DECONTAMINATION $422,50 DAY LOW HAZARD PERSONNEL DECONTAMINATION $227.0 DAY PORTABLE EYEWASH STATION $45.50 DAY FIRST AID STATION $26.00 DAY DRC, Inc. Technical Proposal Page 73 PERSONNEL RETRIEVAL SYSTEM I S370.50 DAY PERSONNEL RETRIEVAL HARNESS 1 580.601 DAY MONITORING/SAMPLING EQUIPMENT DESCRIPTION COST UNIT COMBUSTIBLE GAS INDICATOR $84.50 DAY TOXIC GAS DETECTOR $78.00 = ' DAY PHOTOIONIZATION DETECTOR $130.00 DAY HAZCAT KIT $585.00 DAY DETECTOR TUBES $65.00 TEN PACK PH PAPER $13.00 PACK SPILL CLASSIFIER $6.50 STRIP PERSONNEL AIR SAMPLING PUMP $52.00 DAY ASBESTOS BULK SAMPLE $32.50 EACH HAND AUGER STARLESS STEEL $45.50 DAY HEAVY EQUIPMENT DESCRIPTION COST LIN1T PEBACKHOE BROOM $58.50 HOUR .00/HOUR AFTER 8 HO URS) $552.50 DAY TENDAHOE (40.00/HOUR AFTER B $617.50 DAY 0 OR EQUIVALENT (80.00/HOUR $1,092.00 DAY BULLDOZER D4 OR EQUIVALENT (70.00/HOUR AFTER 8 HRS. $975.00 DAY 12 TON LOWBOY (15.00/HOUR AFTER 8 HOURS) $110.50 DAY 50 TON LOWBOY (30.00/HOUR AFTER 8 HOURS) $416.00 DAY SKID STEER (BOBCAT) (35.00/HOUR AFTER B HOURS) $344.50 DAY DUMPTRUCK $123.50 HOUR RECOVERY EQUIPMENT DESCRIPTION COST UNIT HAND OPERATED TRANSFER PUMP $84.50 DAY I DIAPHRAGM PUMP $130.00 DAY 2" DIAPHRAGM PUMP $175.50 -DAY -' 2" DIAPHRAGM PUMP S. S. $247.OD DAY 3" DIAPHRAGM PUMP $227.50 DAY [2" SUCTION " SUCTION OR DISCHARGE HOSE $58.50 DAY OR DISCHARGE HOSE $78.00 DAY " SUCTION OR DISCHARGE HOSE $123.50 DAY DRC, Inc. Technical Proposal Page 74 l I 2" CHEMICAL SUCTION OR DISCHARGE HOSE ;$78.00 .50 DAY 3" CHEMICAL SUCTION OR DISCHARGE HOSE ,50 DAY SMALL COMPRESSOR DAY 185 CFM COMPRESSOR .00 DAYAIRHOSE SECTON .00 DAY MISCELLANEOUS EQUIPMENT DESCRIPTION COST UNIT PORTABLE LIGHT STAND $78.00 DAY 4000-S000 WATT GENERATOR $91.00 DAY ELECTRICAL CORD SECTION 50' $10.40 DAY SPIKE BAR $6.50 DAY AIRLESS SPRAYER $97.50 DAY PRESSURE WASHER $84.50 DAY WATER HOSE SECTION (GARDEN) $19.50 EACH CUTTING TORCH $45.50 DAY WIRE WELDER $84.50 DAY AIR BLOWER $32.50 DAY HEPA VAC $78.00 DAY BARRELCART $19.50 DAY WHEELBARROW $10,40 DAY OIL DRY SPREADER $19.50 DAY TRAFFIC CONTROL VESTS, CONESS, FLAGS, $110.50 DAY BARRELS, ETC. DRILL WITH BITS $23,40 DAY GROUNDING CABLE AND ROD $52.00 DAY CIRCULAR SAW $26.00 DAY HAND TOOLS PER EMPLOYEE SHOVELS, SCOOPS, BROOMS, RAKES, HOES, ETC. $31.85 'DAY TOOL KIT HAMMERS, PLIERS, SCREWDRIVERS, ETC. $58.50 DAY WRENCH KIT BUNG WRENCH, SPEED WRENCH, $71.50 DAY PIPE WRENCH, SOCKETS, CHANNEL LOCKS STEPLADDERS $15.60 DAY EXTENSION LADDERS $32.50 DAY PHOTOGRAPHIC EQUIPMENT $36.40 DAY PORTA JOHN $19.50 DAY FLASHLIGHTS $2.60 EACH HANDHELD RADIOS $104.00 DAY DECONTAMINATION CHARGE FOR ALL VEHICLES Quoted at time AND EQUIPMENT of need. I DRC, Inc. Technical Proposal Page 75 MATERIALWDISPOSABLES DESCRIPTION COST UNIT 54 X 10'ABSORBENT BOO -PETROLEUM $62.40 EACH 8 X 10'ABS RSE BOOM- PETROLEUM $109.20 EACH 3"X 12'ABSORBENT BOOM. UNI EFtSAL $39.00 EACH ABSORBENT PADS BUNDLE- PETROLEUM $114.40 EACH ABSORBENT PADS BUNDLE- UNIVERSAL $156.00 EACH ABSORBENT CLAY BAG $15 EACH OIL DRY $7.802.3 EACH PEAT MOSS $13.00 EACH VERMICULITE $20.80 EACH SODA ASH BAG $11.70 EACH 4 MIL 20 X 100 POLYETHYLENE $52.00 EACH 6 MIL 20 X 100 POLYETHYLENE $71.50 ROLL 6 MIL BAGS $1.30 EACH DUCTTAPE $8.45 ROLL 55-GALLON DRUMS $58.50 EACH 55-GALLON DRUM LINERS 10 MIL $45.50 EACH FIBER DRUMS $36.40 EACH 30 GALLON OVERPACK $123.50 EACH i 95-GALLON POLY OVERPACK $286.00 EAC DOT HAZARDOUS WASTE LABELS $2.60 EACH FIRE EXTINGUISHER $52.00 EACH CAUTION/HAZARD TAPE $39.00 EACH RESPIRATOR WIPES $2.60 EACH KAPPLER TAPE $58.50 ROLL FREON RECOVERY DESCRIPTION COST UNIT Refrigerators/FreezersMindow Air Conditioning Unit I Each $170.00 industrial Air Conditioning Unit Quoted at time of need i DRC, Inc. Technical Proposal Page 76 1