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Home My WebLink AboutR-2011-054 DRC Emergency Services Renewal Agreement RESOLUTION NO. 2011-054 A RESOLUTION OF THE CITY COMMISSION 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 eighteen (18) 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 services already provided for by a contract existing between the City and Ashbritt, Inc., can best be obtained pursuant to an agreement with DRC Emergency Services LLC, under the Escambia County Contract No. DRCES-10-029, which is valid through July 7, 2013. A copy of the Contract is attached as Exhibit"A" and is made a part of this Resolution by this reference; 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, 2013, in connection with the current Escambia County contract valid through July 7, 2013, 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 Escambia County, 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 14, 2011. ,s F►�rr�r ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK po,z ,tio MAYOR APPROVED AS TO O AND CORRECTNESS: (�q —k 1 THOM S J. AN B O CITY ATT RNEY 2 RESOLUTION#2011-054 f DRC Emergency Services,LLC 740 Museum Drive•Mobile,Alabama 36608 1-888-721-4372 a 1-251-343-3M].a FAX 1-251-343-5554 Stand-By Contract Summary Form L Contract# A enc y Issue Date: �\� 2.201 j Expiry: jW q Q 0 1 3 *CPA:( � _`1�P 6M Renewal Terms: 1bDoa1 une_ ( t) j goor u'f1 pA s. Extensions: Revisions: Amendments: Note: Revised.play 24,20% *CPA—Cooperative Purchase Agreement AMENDMENT#1 TO THE AGREEMENT BETWEEN ESCAMBIA COUNTY, FLORIDA AND DRC EMERGENCY SERVICES, LLC THIS IS THE FIRST AMENDMENT TO THE AGREEMENT entered into on the 8th day of July 2010, between Escambia County, Florida, a political subdivision of the State of Florida, with administrative offices located at 221 Palafox Place, Pensacola, 2-' F�6 r da 3220 (hereinafter referred to as "County") and DRC Emergency Services, a V ,c�b G G� €a�ret� u�l orized to transact business in the State of Florida, whose address--EL=� is 740 Museum Drive, Mobile, AL 36608 and whose Federal Identification Number is 63- 1283729 (hereinafter referred to as "Contractor'). WITNESSETH: WHEREAS, on July 8, 2010, the County entered into an agreement with Contractor for Debris Removal; and WHEREAS, the County has revised certain provisions of said contract as set forth herein; and WHEREAS, as a result of said revisions, the Board of County Commissioners finds it in the best interest of the health, safety and welfare of the citizens of Escambia County that the Agreement should be amended as provided herein. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter set forth, the County and Contractor agree to amend the Debris Removal Manager's Agreement as follows: 1. That the foregoing recitals are true and correct and incorporated herein by reference. 2. That Article 2, paragraph 2.2, Invoicing is amended to read as follows: 2.2 Invoicing All invoices shall include at a minimum the following information: ■ Contractor's Name • Contract Number ■ Project Worksheet Number (PW#) ■ Disaster Number ■ Location and/or site of work • Category of Work (FEMA Categories A-G) • Period Covered • Briefly describe the type of work performed All invoices shall be delivered to the monitoring firm first for their review. No invoice shall have either multiple PW#'s or Category of Work. Contractor shall submit two (2) copies ofh each of its Applications for Payment to the County on or about the 25 day of each month for work performed during that month. Contractor shall submit no more than one application for payment each month. Within ten (10) calendar days after receipt of each Application for Payment, the County shall either: (1) indicate approval of the requested payment; (2) indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) return the Application for Payment to the Contractor's indicating, in writing, the reason for refusing to approve payment. In the event of a total denial and return of the Application for Payment by the County, the Contractor may make the necessary corrections and resubmit the Application for Paymen,. The County shall, within thirty (30) calendar days after Count a roval of an Application for Payment, and Fo pay the Contractor the amounts so approved. Provided, however, in no event shall the County be obligated to pay an amount greater than that portion of the Application for Payment approved by the County. County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent 10/o of the portion thereof approved by County the C un gfor payment whichever is less. The retained sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest on such sums shall accrue to County. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. Each Application for Payment shall be accompanied by Release and Affidavit showing that all material, labor, equipment, and other bills associated with that portion of the Work payment is being requested or have been paid in full. The County shall not be required to make payment until and unless these affidavits are furnished by Contractor. Payments under this Agreement and interest on any late ayyments shall be governed by the Florida Prompt Payment Act, Section 18.70, Florida Statutes, as amended. 3. That Article 3, paragraph 3.3, Funding is amended to read as follows: 3.3 F=HREliRC1 The neF shall furnish in a6seFdallGe with the established in WFiting by-the QwneF. 4. That Article 5, paragraph 5.1.1, Debris Removal Fee is amended to read as follows: 5.1.1 Debris Removal Fee - Prior to commencement of the Debris Removal Phase, the Owner will direct the Debris Removal Manager in writing to proceed. The Debris Removal Manager's compensation for work or services performed during Debris Removal will be a The negotiated for the Project and will include Profit and Overhead at the ercenta es negotiated for PD 05-86-8J7- 09- 10.050. Debris Re—e-val (1) Costs and Expenses Included in Fee - The following are included in the D — ebris Removal Manager's tee or services during the Debris Removal Phase: (a) Salaries or other compensation of the Debris Removal Manager's employees at his principal office and branch offices. The Debris Removal Manager's personnel to be assigned during the Debris Removal phase, their duties and responsibilities to this project and the duration of their assignments are shown on Exhibits E and F. (b) General operating expenses related to this project of the Debris Removal Manager's principal and branch offices. (c) The costs of all data processing staff. (d) Salaries or other compensation of the Debris Removal Manager's employees at the job site. The Debris Removal Manager's personnel to be assigned to the site during the Debris Removal Phase under the job site management and supervision fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit F. (e) General operating expenses incurred in the management and supervision of the project. (f) Job office supplies - includes paper, pencils, paper clips, file folders, staples, etc., and janitorial supplies photo copy or blue print paper not included). (g) Direct tax saving purchase program. 5. That Article 7, paragraph 7.2, Payments to Subcontractors, and paragraph 7.3, Withholding Payments to Subcontractors are amended to read as follows: 7.2 Payments to Subcontractors - The Debris Removal Manager shall prom�pt�, within days after receip of payment from the Owner, based� en F-Uo. Fe;mbur-sement pay all the amount due subcontractors less a retainage of ten percent 410%) until the project is complete, and based on Debris Removal Managers evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in. retainsge from 10% to 5% thereafter. If there should remain items to be completed, the Debris Removal Manager shall list those items required for completion and the Debris Removal Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing an unfinished items, provided that said unfinished items are listed n y estimated cost of completing an unfinished items likewise separately a d the listed separately. Thereafter, the Debris pRemovalyManager shall pay to the subcontractors, monthly the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 6. That Article 11, paragraph 11.7, Current Funding Limitations is amended to read as follows; PS GI It Of thase MA U—M-A-FneRts r-eq additional fund hRA Anil ;;re Anly te --epapel 1-per; Ppepipt of a spe e Ti Writtizn Anti teffniAatieRt'cE , the OwneF shall not be Hable fl,'airiQc�f ec an t yjX � .n e)(penditi rre of CC�AA khnr•i-ferl r,r.r) •.vnrntied frrnde+ 4n,ei^rde. IIle'R-.AR 6r-me�i.+l C`en.inec. 7. That the Parties hereby agree that all other provisions of the Debris Removal Manager's Agreement that are not in conflict with the provisions of this First Amendment shall remain in full force and effect. 8. That the effective date of this First Amendment shall be on the last date executed by the Parties hereto. 9. That this Agreement and any amendment thereto shall be governed by and construed in accordance with the laws of the State of Florida, and the Parties stipulate that venue for any state or federal court action or other proceeding relating to any matter which is the subject of this Agreement shall be in Escambia County, Florida. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: Escambia County, Florida through its Board of County Commissioners, signing by its County Administrator, duly authorized to execute this Agreement through the express delegation of authority set forth in Article 11 of Chapter 46 of the Escambia County Code of Ordinances, and DRC Emergency Services, LLC, a corporation authorized to do business in the State of Florida, signing by and through its President, duly authorized to execute same. COUNTY: ESCAMBIA COUNTY, FLORIDA, a political subdivision of the State of Florida acting by and through its duly authorized Board of County Commissioners. WITNESS: By: By: Witness arty Y. Newsom, Interirh County Administrator "*__L \ 0 Witness CONTRACTOR: DRC Emergen Services, LLC an Alab ma r ration authorized to transact business in to of Florida. ATTEST: t4 By: J. r nt By: )_1 0 _Q&(1=1�- c Date: Secretary (CORPOR ATE ATE SEAL) This document approved as to fo and legal #i`iCie By: Title: Date: FORM OF AGREEMENT c E--WEEN OWNER AND DEBRIS REMOVAL MANAGER THIS AGREEMENT entered into this 8th day of July, 2010, by and between Escambia County, a political subdivision of the State of Florida (hereinafter referred to as the"Owner"), and DRC Emergency Services, LLC 740 Museum Drive Mobile,Alabama 36608 PHONE: (251) 343-3581 FEDERAL TAX I.D. NUMBER: 63-1283729 (hereinafter referred to as the"Debris Removal Manager"). ARTICLE 1 THE DEBRIS REMOVAL TEAM AND EXTENT OF AGREEMENT The Debris Removal Manager accepts the relationship of trust and confidence established between him and the Owner by this Agreement. Debris Removal Manager covenants with the Owner to furnish his best skill and judgment and to cooperate with the Owner in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and use his best efforts to complete the project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner. 1 A The Debris Removal Team The Debris Removal Manager, the Owner, and all subcontractors, called the "Debris Removal Team", shall work jointly through final completion of debris removal and shall be available thereafter should additional services be required. The Debris Removal Manager shall provide leadership to the Debris Removal Team on all matters relating to Debris Removal. The specific representatives of the Debris Removal Team are shown in Exhibit A attached. 1.2 Extent of Agreement - This Agreement for "Project «ProjNumu, «ProjName», cProjl-ocation», «ProjCityState»," between the Owner and the Debris Removal Manager supersedes any prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for Debris Removal and may be amended only by written instrument signed by both Owner and Debris Removal Manager. 1.3 Definitions: Debris Removal Manager- «ContrName», «StateCorp», aContrStreet», «CityStateZip», «ContrPhone» Estimate-The Debris Removal Manager's latest estimate of probable project Debris Removal cost. FEMA—The Federal Emergency Management Agency Owner-Escambia County Owner's Representatives-The Project Director and his superiors or designees. Project-The Project is the total work to be performed under this Agreement. The Project consists of Debris Removal for"Proiect Number«ProiNumu, «ProjName». «ProiLocation». aProiCityStateN." necessary Project Director - The person designated by the Owner to provide direct interface with the Debris Removal Manager with respect to the Owner's responsibilities. (See Exhibit A) ARTICLE 2 DEBRIS REMOVAL MANAGER'S SERVICES The services which the Debris Removal Manager shall provide include, but are not limited to, those described or specified herein. The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding services not specifically mentioned. 2.1 PROJECT MANAGEMENT INFORMATION SYSTEM (PMIS) 1 2.1.1 General (1) Commencing immediately after contract award, the Debris Removal Manager shall implement and shall utilize throughout the life of this Contract all subsystems of the Project Management Information System hereinafter referred to as PMIS. (2) The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the Owner and shall accompany each pay request. (3) The PMIS shall be described in terms of the following major subsystems: (a) Narrative Reporting, on a monthly basis, (b) Schedule Control, on a monthly basis, (c) Cost Control,and estimating, (d) Project Accounting, (e) Accounting and Payment, and (f) Action Reports. 2.1.2 NARRATIVE REPORTING SUBSYSTEM (1) The Debris Removal Manager shall prepare written reports as described hereunder. No other PMIS narrative reports shall be required. All reports shall be in 8 1/2"X 11"format. (2) The Narrative Reporting Subsystem shall include the following reports: (a) A Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by Permitting Authority. (b) A Monthly Cost Narrative describing the current cost estimate status of the Project. (c) A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This report shall include an analysis of the various project schedules, a description of the critical path, and other analyses as necessary to compare planned performance with actual performance. (d) A Monthly Accounting Narrative describing the current cost and payment status of the entire project. This report shall relate current encumbrances and expenditures to the budget allocations. (e) A Monthly Progress Report during the debris removal phase summarizing the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as general conditions, long lead supplies, current deliveries, safety and labor relations programs permits, problems and recommendations, and plans for the succeeding month. (I) A Daily Debris Removal Diary during the debris removal phase describing events and conditions. (g) A monthly Minority Business Enterprise report during the Debris Removal phase summarizing the participation of certified minority subcontractors/material suppliers for the current month, and project to date. The report shall include the names, addresses, and dollar amount of each certified MBE participant. (h) A Contractor's Minority Business Enterprises Status Report of Partial Payment form is attached to this Agreement as Exhibit I and is to be completed and submitted with each pay request. (3) The reports outlined in subsection (2)(a) through (e) above shall be bound with applicable computer reports and submitted monthly during debris removal phase and shall be current through the end of the preceding month. Copies shall be transmitted to the Owner and others designated by the Project Director with the monthly pay requisition. Additional copies of the report outlined in subsection (2)(a) shall be bound separately and distributed monthly as directed by the Project Director. (4) The report outlined in subsection (2)(f)above shall be maintained at the site available to the Owner. A copy, bound, of the complete diary shall be submitted to the Owner at the conclusion of the project. 2 2.1.3 Project Accounting Subsv f -' ;; .;_;. ;;;n of this subsystem shall enable the Debris Removal Team to plan effectively and to monaor and control the funds available for the project, cash flow, costs, change orders, payments, and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable. This subsystem will be produced and updated monthly and includes the following reports which together will serve as a basic accounting tool and an audit trail. The Debris Removal Manager will retain all project files in a manner consistent with proper accounting procedures that would be sufficient for an audit by the Owner for a period of 5 years after final completion of the project. This report will also provide for accounting. (1) Costs Status Report presenting the budget, project worksheets, estimate, and base commitment (awarded contracts and purchase orders) for any given contract or budget line item. It shall show approved change orders for each contract which when added to the base commitment will become the total commitment. Pending change orders will also be shown to produce the total estimated probable cost to complete the work. (2) A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative), the retained, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request. (3) A Job Ledger shall be maintained as necessary to supplement the operation of the project accounting subsystem. The job ledger will be used to provide Debris Removal cost accountability for general conditions work, on-site reimbursable expenses, and costs requiring accounting needs. 2.2 Invoicin All invoices shall include at a minimum the following information: • Contractor's Name ■ Contract Number • Project Worksheet Number(PW#) • Disaster Number • Location and/or site of work • Category of Work(FEMA Categories A-G) • Period Covered • Briefly describe the type of work performed All invoices shall be delivered to the monitoring firm first for their review. No invoice shall have either multiple PW#'s or Category of Work. Contractor shall submit two (2) copies of each of its Applications for Payment to the County on or about the 25'h day of each month for work performed during that month. Contractor shall submit no more than one application for payment each month. Within ten (10) calendar days after receipt of each Application for Payment, the County shall either: (1) indicate approval of the requested payment; (2) indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (3) return the Application for Payment to the Contractor's indicating, in writing, the reason for refusing to approve payment. In the event of a total denial and return of the Application for Payment by the County, the Contractor may make the necessary corrections and resubmit the Application for Payment. The County shall,within thirty(30) calendar days after County approval of an Application for Payment and reimbursement by FEMA, pay the Contractor the amounts so approved. Provided, however, in no event shall the County be obligated to pay an amount greater than that portion of the Application for Payment approved by the County. County shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the County for payment whichever is less. The retained sum shall be accumulated and not released to Contractor until final payment is due. Any interim interest on such sums shall accrue to County. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. Each Application for Payment shall be accompanied by Release and Affidavit showing that all material, labor, equipment, and other bills associated with that portion of the Work payment is being requested or have been paid in full. The County shall not be required to make payment until and unless these affidavits are furnished by Contractor. 3 Payments under this Aarezem.::,": iate payments shall be governed by the Florida Prompt Payment Act, Section_,6.7 , =i;, as amended. 2.3 DEBRIS REMOVAL (1) Debris Removal Manager's Staff - The Debris Removal Manager shall maintain sufficient off-site support staff, and competent full time staff at the site authorized to act on behalf of the Debris Removal Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and he shall provide no less than those personnel during the respective phases of Debris Removal that are set forth in Exhibit"B"to this agreement. He shall not change any of those persons named in Exhibit"B" unless mutually agreed to by the Owner and Debris Removal Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. (2) Lines of Authority-The Debris Removal Manager shall establish and maintain lines of authority for this personnel, and shall provide this definition to the Owner and all other affected parties such as FEMA inspectors, the sub-contractors and the Owner's representatives, to provide general direction of the work and progress of the various phases and subcontractors. The Owner may attend meetings between the Debris Removal Manager and his Subcontractors, however, such attendance shall not diminish either the authority or responsibility of the Debris Removal Manager to administer the subcontractor. (3) Schedule and FEMA Guideline Provisions - The Debris Removal Manager shall provide subcontractors and the Owner, its representatives with copies of the FEMA Guidelines (total number of copies not to exceed 10) developed and updated as required, expanded for the Debris Removal Phase employing their respective milestones, beginning and finishing dates, their respective responsibilities for performance and the relationships of their work with respect to subcontractors. He shall also continue to provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the Debris Removal Manager's work to the work of his subcontractors to enable them to perform their respective tasks so that the development of Debris Removal progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the Debris Removal work, material supplies, long lease procurement, change orders in progress, schedules for change orders, and performance testing requirements. He shall advise the Owner, its representatives of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond his control. He shall hold job-site meetings at least once each month with the Debris Removal Team and at least once each week with the subcontractors, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors. (4) Solicitation of Bids (a) Without assuming responsibilities of the Owner, unless waived in writing the Debris Removal Manager shall prepare invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations for bids shall be prepared in accordance with the following guidelines: 1. Contracts over$1,000 but not exceeding $10,000 may be entered into by the Debris Removal Manager with the firm which submits the lowest verbal quotation. The Debris Removal Manager shall obtain a minimum of two (2) verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. 2. Contracts exceeding $10,000 but not exceeding $200,000 may be entered into by the Debris Removal Manager with the firm who is qualified and submits the lowest responsive proposal. The Debris Removal Manager shall request at least three (3) firms to submit sealed written proposals based on specification. The written proposals shall all be opened publicly at the location, date and time named by the Debris Removal Manager in his request for proposal. A tabulation of the results shall be furnished to the Owner and to each firm. 3. Contracts exceeding $200,000 but not exceeding $500,000 may be entered into by the Debris Removal Manager with the firm who is qualified and submits the lowest responsive proposal. The Debris Removal Manager shall advertise these projects at least once with the last advertisement appearing at least 21 calendar days prior to the established bid opening date. These proposals shall be based on specifications. Bids shall be received and opened 4 publicly at the location, date ar*r' ti.-F� t v bid advertisement. 4. Contracts exceeding $500,000 shall be treated the same as described under 3 above except that the advertisement shall be run for at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. (b) As part of such preparation, the Debris Removal Manager shall review the specifications. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Debris Removal Manager shall be brought to the attention of the Project Director in written form. (c) For each separate contract exceeding $25,000, the Debris Removal Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, and Project Director. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Debris Removal Manager shall transmit these to the Owner and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders. (d) For all contracts exceeding $25,000, the Debris Removal Manager shall refer to the Escambia County list of pre-qualified subcontractors. (5) Bonds-The Debris Removal Manager shall provide to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond each in an amount not less than the total Debris Removal cost as defined in Article 5 and inclusive of the Debris Removal Manager's fees. To be acceptable to the Owners as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code, 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. 5. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Bests Key Rating Guide. POLICY REQUIRED HOLDER'S FINANCIAL CONTRACT AMOUNT RATING RATING $ 500,000 TO 1,000,000 A- CLASS I 1,000,000 TO 2,000,000 A- CLASS II 2,000,000 TO 5,000,000 A- CLASS III 5,000,000 TO 10,000,000 A- CLASS IV 10,000,000 TO 25,000,000 A- CLASS V 25,000,000 TO 50,000,000 A- CLASS VI 50,000,000 TO 100,000,000 A- CLASS VI B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (1) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. 5 (2) In the case of the surety insurari ::_, and. r 2:rition to the deduction for reinsurance, the amount assumed by any cc sJ-relw, tr,_ ,falue of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. (6) Quality Control - The Debris Removal Manager shall develop and maintain a program, acceptable to the Owner, to assure quality control of the debris removal. He shall supervise the work of all subcontractors providing instructions to each when their work does not conform to the requirements of the plans and specifications and he shall continue to exert his influence and control over each subcontractor to ensure that corrections are made in a timely manner so as to not affect the efficient progress of the work. Should disagreement occur between the Debris Removal Manager and Owner over acceptability of work and conformance with the requirements of the specifications, the Owner shall be the final judge of performance and acceptability. The Debris Removal Manager shall not establish, nor permit to be established, more than three tiers of contractors and subcontractors for the debris removal process. (7) Subcontractor Interfacing -The Debris Removal Manager shall be the single point of interface with all subcontractors for the Owner and all of its agents and representatives. He shall negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the Owner of their validity and reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. However, when health and safety are threatened, the Debris Removal Manager shall act immediately to remove the threat to health and safety. (8) Job Site Requirements (a) The Debris Removal Manager shall provide for each of the following activities as a part of his Debris Removal Phase fee: 1. Maintain a log of daily activities, including load tickets, manpower records, weather, delays, major decisions, etc. 2. Maintain a roster of companies on the project with names and telephone numbers of key personnel. 3. Establish and enforce job rules governing litter control, clean-up, use of disposal facilities and worker discipline. 4. Provide labor relations management for a harmonious, productive project. 5_ Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor compliance without relieving them of responsibilities to perform work in accordance with the best acceptable practice. (9) Job Site Administration - The Debris Removal Manager shall provide as part of his debris removal phase fee, Job site administrative functions during Debris Removal to assure proper documentation, including but not limited to such things as the following.- (a) Job Meetings- Hold weekly progress and coordination meetings to provide for an easy flowing project. (10) Administrative Records -The Debris Removal Manager will maintain at the job site, unless agreed to otherwise by the Project Director, on a current basis, files and records such as, but not limited to the following: Contracts or Purchase Orders Cost Proposal Requests Payment Request Records Meeting Minutes Debris-Estimates Insurance Certificates and Bonds Contract Changes Daily Progress Reports 6 Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Bid/Award Information Bid Analysis and Negotiations PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements FEMA Guidelines The project records shall be available at all times to the Owner for reference or review. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Owner's Information-The Owner shall provide full information regarding his requirements for the project. 9 9 p 1 3.2 Owner's Representative-The Owner shall designate a representative who shall be fully acquainted with the project and shall define the lines of Owner authority to approve Project direction and changes in Project. He shall render decisions promptly and furnish information expeditiously. 3.3 Funding - The Owner shall furnish in accordance with the established schedule, reasonable evidence satisfactory to the Debris Removal Manager that application for FEMA reimbursement has been made as work is performed. The Debris Removal Manager shall not commence any work, unless authorized in writing by the Owner. 3.4 Lines of Communication - The Owner shall communicate with the subcontractors only through the Debris Removal Manager while such method of communication is effective in maintaining project schedules. 3.5 Lines of Authority - The Owner shall establish and maintain lines of authority for his personnel and shall provide this definition to the Debris Removal Manager and all other affected parties. ARTICLE 4 SUBCONTRACTS 4.1 Definition. - A subcontractor is a person or organization who has a direct contract with the Debris Removal Manager to perform any of the work. Nothing contained in the Contract Document shall create any contractual relation between the Owner and any subcontractor. 4.2 Proposals. - Debris Removal Manager shall request and receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidder after he has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. 4.3 Required Subcontractors' Qualifications and Subcontract Conditions. 4.3.1 Subcontractual Relations - By an appropriate written agreement, the Debris Removal Manager shall require each subcontractor to the extent of the work to be performed by the subcontractor, to be bound to the Debris Removal Manager by the terms of the Contract Documents, and to assume toward the Debris Removal Manager all the obligations and responsibilities which the Debris Removal Manager by these Documents, assumes toward the Owner. Said agreements shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Debris Removal Manager shall require each Subcontractor to enter into similar agreements with his Sub-subcontractor. The Debris Removal Manager shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to his Sub-subcontractors. 4.3.2 Subcontract Requirements (1) On all subcontracts where the bid exceeds$25,000, all subcontractors must be on the Escambia County pre-qualified list, or the Debris Removal Manager may require subcontractors to provide a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Debris Removal Manager wishes to award subcontracts to Subcontractors 7 unable to supply this bonding, he may request special authorization to do sc. 'Upon p-. background information, such authorization shall not be withheld unreasonably. (2) On all subcontracts where the bid exceeds $200,000.00, each subcontractor must submit a completed experience and financial statement. The subcontractors financial condition must demonstrate that adequate fixed and liquid assets and equipment are available to properly perform the subcontract. (3) Workforce - The subcontractor must agree to perform no less than 15% of the project Debris Removal work utilizing its own employees. (4) Subcontractor experience - The subcontractor must have successfully completed no less than two projects of similar size and complexity within the last five years. (5) Supervision - The subcontractor must agree to provide field (on-site) supervision through a named superintendent. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule his work. (6) All subcontracts shall provide: 4.4 Responsibilities for Acts and Omissions - The Debris Removal Manager shall be responsible to the Owner for the acts and omissions of his employees and agents and his subcontractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Debris Removal Manager. 4.5 Subcontracts to be provided. The Debris Removal Manager shall include a copy of each subcontract, including the general supplementary conditions, in their reports. ARTICLE 5 DEBRIS REMOVAL MANAGER'S FEE 5.1 In consideration of the performance of the contract, the Owner agrees to pay the Debris Removal Manager as compensation for his services, fees as set forth in Subparagraphs 5.1.1. 5.1.1 Debris Removal Fee - Prior to commencement of the Debris Removal Phase, the Owner will direct the Debris Removal Manager in writing to proceed. The Debris Removal Manager's compensation for work or services performed during Debris Removal will be a fee negotiated for the Project and will include Profit and Overhead at the percentages negotiated for PD 05-06.097, The Debris Removal Fee shall be invoiced and paid subject to FEMA reimbursement, unless specifically authorized by the Owner in writing. (1) Costs and Expenses Included in Fee - The following are included in the Debris Removal Manager's fee for services during the Debris Removal Phase: (a) Salaries or other compensation of the Debris Removal Manager's employees at his principal office and branch offices. The Debris Removal Manager's personnel to be assigned during the Debris Removal phase, their duties and responsibilities to this project and the duration of their assignments are shown on Exhibits E and F. (b) General operating expenses related to this project of the Debris Removal Manager's principal and branch offices. (c) The costs of all data processing staff. (d) Salaries or other compensation of the Debris Removal Manager's employees at the job site. The Debris Removal Manager's personnel to be assigned to the site during the Debris Removal Phase under the job site management and supervision fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit F. (e) General operating expenses incurred in the management and supervision of the project. {f) Job office supplies - includes paper, pencils, paper clips, file folders, staples, etc., and janitorial 8 supplies (photo copy or blue print paper not included). (g) Direct tax saving purchase program. ARTICLE 6 CHANGE IN THE PROJECT 6.1 Change Orders - The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. 6.1.1 A Change Order is a written order to the Debris Removal Manager signed by the Owner issued after the execution of this Agreement, authorizing a Change in the Project, the Debris Removal Manager's fee, or the Completion date. 6.2 Emergencies In any emergency affecting the safety of persons or property, the Debris Removal Manager shall act at his discretion, to prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price or extension of time claimed by the Debris Removal Manager on account of emergency work shall be determined as provided in this article. ARTICLE 7 PAYMENTS TO THE DEBRIS REMOVAL MANAGER 7.1 Monthly Statements - The Debris Removal Manager shall submit to the Owner a statement, sworn to if required, along with the load tickets required, showing in detail all monies paid out, cost accumulated or costs incurred on account of the Cost of the Project during the previous period and the amount of the Debris Removal Manager's fees due. Ten percent(10%) retainage shall be held on all payments. 7.2 Payments to Subcontractors - The Debris Removal Manager shall promptly, within 15 days after receipt of payment from the Owner, based on FEMA reimbursement, pay all the amount due subcontractors less a retainage of ten percent (10%) until the project is complete, and based on Debris Removal Manager's evaluation of the subcontractor's acceptable performance, the Owner may approve a reduction in retainage from 10% to 5% thereafter. If there should remain items to be completed, the Debris Removal Manager shall list those items required for completion and the Debris Removal Manager shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Debris Removal Manager shall pay to the subcontractors, monthly the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the subcontractor shall submit satisfactory evidence that all payrolls, material bills and other indebtedness connected with the Project have been paid or otherwise satisfied. Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon approval of the Owner. 7.3 Withholding Payments To Subcontractors — The Debris Removal Manager shall not withhold payments to subcontractors other than as agreed, due to the anticipated delay associated with FEMA reimbursement. Debris Removal Manager should anticipate a normal delay in the Owner receiving reimbursement for work performed, and incorporate such delay into agreements with subcontractors, as needed. ARTICLE 8 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION 8.1 Indemnity (1) The Debris Removal Manager agrees to indemnify and hold the Owner harmless from all claims for bodily injury and property damage (other than the work itself and other property insured under Paragraph 8.2(3) that may arise from the Debris Removal Manager's operations under this Agreement. 8.2 Debris Removal Manager's Insurance (1) The Debris Removal Manager shall not commence any work in connection with this Agreement until 9 he has obtained all of the following types of insurance and such insurance has been approved :by `r: Owner, nor shall the Debris Removal Manager allow any subcontractor to commence work or) his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. (2) Worker's Compensation Insurance -The Debris Removal Manager shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Debris Removal Manager shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Debris Removal Manager. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Debris Removal Manager shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. (3) Debris Removal Manager's Public Liability and Property Damage Insurance-The Debris Removal Manager shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be minimum limits as follows: (a) Debris Removal Manager's Comprehensive $1,000,000.00 Each Occurrence, General Liability Coverages, Bodily Injury& Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Occurrence, Bodily Injury & Property Damage Combined Single Limit (c) Excess Liability, Umbrella Form $4,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. (4) Subcontractor's Public Liability and Property Damage insurance-The Debris Removal Manager shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. (5) Owner's and Debris Removal Manager's Protective Liability Insurance-The Debris Removal Manager shall procure as a cost of the project and furnish an Owner's and Debris Removal Manager's P P 1 9 Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $1,000,000 Each Occurrence Property Damage Liability Combined Single Limit (6) "XCU" (Explosion. Collapse. Underground Damage - The Debris Removal Manager's Liability Policy shall provide"XCU"coverage for those classifications in which they are excluded. (7) Broad Form Property Damage Coverage, Products & Completed Operations Coverages -The Debris Removal Manager's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. P g (8) Contractual Liability Work Contracts - The Debris Removal Managers Liability Policy shall include Contractual Liability Coverage designed to protect the Debris Removal Manager for contractual liabilities assumed by the Debris Removal Manager in the performance of this Agreement. (9) Indemnification Rider (a) The Debris Removal Manager shall indemnify and hold harmless the Owner and their agents and employees from and against all claims,damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of 10 use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Debris Removal Manager, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of their agents or employees by any employee of the Debris Removal Manager, an subcontractor, anyone direct) or indirect[ employed b an f 9 Yo Y Y YY Y them or anyone for whose acts any of them may be liable, the indemnification obligations under Y 9 this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Debris Removal Manager or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Debris Removal Manager hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner in exchange for giving the Owner the indemnification provided above in Article 8.2(9). (11) Certificate of Insurance-The Owner shall be furnished proof of coverage of Insurance as follows: Certificate of Insurance form will be furnished to the Owner along with the Contract Documents. These shall be completed and signed by the authorized.Florida Resident Agent, and returned to the office of Building Construction. This Certificate shall be dated and show: (a) The name of the insured Debris Removal Manager, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, and its termination date. (b) Statement that the Insurer will mail notice to the Owner at least fifteen (15) days prior to any material changes in provisions or cancellation of the policy. (c) Certificate of Insurance shall be in the form as approved by County Risk Manager and such Certificate shall clearly state all the coverages required in this Section commencing at 8.2 and ending with 8.3.4. (d) Certificate of Insurance shall state that the Owner is listed as additional insured on all appropriate policies. (e) Copy of the endorsement or additional insured rider to the General Liability Policy. (f) Date of Birth of authorized Resident Agent. 8.3 Waiver of Subrogation 8.3.1 The Owner and the Debris Removal Manager waive all rights against each other, for damages caused by perils covered by insurance provided under Article 8.2 to the extent covered by such insurance except such rights as they may have to the proceeds of such insurance held by the Owner and Debris Removal Manager as trustees. The Debris Removal Manager shall require similar waivers from all subcontractors and their sub-subcontractors. 8.3.2 The Owner and Debris Removal Manager waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The Debris Removal Manager shall require similar waivers from all subcontractors and their sub-subcontractors. 8.3.3 The Owner waives subrogation against the Debris Removal Manager on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 8.3.4 If the policies of insurance referred to in this Article require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owner of such policies will cause them to be so endorsed, failure to obtain proper endorsement nullifies the waiver of subrogation. 11 ARTICLE 9 TERMINATION OF T.E.P".GREEMENT AND OWNER'S RIGHT TO PERFORM DEBRIS REMOVAL MANAGER'S OBLIGATION 9.1 Termination by the Debris Removal Manager- If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable,through no act or fault of the Debris Removal Manager, or if the Project should be stopped for a period of sixty (60) days by the Debris Removal Manager, for the Owner's failure to make payments thereon, then the Debris Removal Manager may, upon seven days written notice to the Owner, request payment for all work executed, the Debris Removal Manager's fees earned to date, and for any proven loss sustained upon any materials, equipment, tools, equipment, and machinery, including reasonable profit, damages and terminal expenses incurred by the Debris Removal Manager. 9.2 Termination by Owner for Cause. (1) if the Debris Removal Manager fails to perform any of his obligations under this Agreement including any obligation he assumes to perform work with his own forces, the Owner may, after seven (7) days written notice during which period the Debris Removal Manager fails to commence correction of such obligation, make good such deficiencies. Payments to Debris Removal Manager shall be reduced by the cost to the Owner of making good such deficiencies. (2) If the Debris Removal Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Debris Removal Team, or if he fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Debris Removal Manager and his surety, if any, seven (7) days written notice, during which period Debris Removal Manager fails to commence correction of the violation, terminate the employment of the Debris Removal Manager. In such case, the Debris Removal Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Debris Removal Manager (excluding monies owed the Debris Removal Manager for subcontract work). (3) If the Debris Removal Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Debris Removal Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Debris Removal Manager and his surety, if any, seven (7) days written notice, during which period Debris Removal Manager still fails to allow access, terminate the employment of the Debris Removal Manager and take possession of the site and of all materials, equipment, tools, Debris Removal equipment and machinery thereon, owned by the Debris Removal Manager, and may finish the project by whatever method he may deem expedient. In such case, the Debris Removal Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left owing the Debris Removal Manager(excluding monies owed the Debris Removal Manager for subcontract work). 9.3 Termination by Owner Without Cause (1) If the Owner terminates this Agreement other than pursuant to Article 9.2(2) or Article 9.2(3), he shall reimburse the Debris Removal Manager for any unpaid Cost of the Project due him under Article 9. ARTICLE 10 ASSIGNMENT AND GOVERNING LAW 10.1 Neither the Owner nor the Debris Removal Manager shall assign his interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 10.2 This Agreement shall be governed by the Laws of the State of Florida. 12 ARTICLE 11 MISCELLANEOUS 11.1 Debris Removal Manager's Project Records - The Debris Removal Manager's Project Records shall be maintained as prescribed hereinabove in accordance with the State of Florida General Records Schedule for State Agencies A-1 and shall be made available to the Owner or his authorized representative at mutually convenient times. 11.2 Minority Participation - The Debris Removal Manager shall diligently attempt to award at least twenty-one percent(21%) of his material contracts and subcontracts to qualified minority firms. The "Minority Business Enterprises Assistance Office (850-487-0915), http://mbaao.fdles.state.fl.us/dirhome.htm will assist in furnishing names of qualified minorities. The distribution of this twenty-one percent, if possible, should be four percent Black Americans, six percent Hispanic Americans and eleven percent American Women. 11.3 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Debris Removal Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11.4 Discrimination: Denial Or Revocation For The Right To Transact Business With Public Entities - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 11.5 Unauthorized Aliens - The Department shall consider the employment by any Debris Removal Manager of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. 11.6 Electronic Mail Capabilities - The Debris Removal Manager must have electronic mail capabilities through the World Wide Web. It is the intention of the Department of Management Services to use electronic communication for all projects whenever possible. The Debris Removal Manager shall provide their electronic mail address and the name of a contact person responsible for their electronic communications. 11.7 Current Funding Limitations - The Owner's current funding only allows for funding as per FEMA reimbursement of project costs and expenditures. Any further services outside of those eligible for FEMA reimbursements requires additional funding and are only to be commenced upon receipt of a specific written authorization from the Owner's Contracts Administrator. The effectiveness of that part of this contract that applies to work beyond FEMA reimbursement guidelines is contingent upon receiving additional funds from the FEMA, or specific written approval from the Owner. If the Owner does not fumish funds for work beyond an expenditure of FEMA authorized and approved funds, the Owner may terminate this contract except that part thereof pertaining to an expenditure of FEMA authorized and approved funds, by written notice to the Debris Removal Manager. In the event of such termination, the Owner shall not be liable for any payment to the Debris Removal Manager other than that required for an expenditure of FEMA authorized and approved funds towards Debris Removal Services. 11.8 Term —This agreement shall be valid for three years, and may be renewed for additional one year periods by mutual agreement of the parties. Should the term of this agreement expire during an event where work has been commenced but not completed, the terms and conditions of this agreement shall continue until the completion of all work authorized prior to the expiration of the term. 13 IN WITNESS WHEREOF, the Pa!tiers rI,....€; �: �: :..,de and executed this Agreement on the respective dates under each signature: Escambia County, Florida trim gh its Board of County Commissioners, signing by its County Administrator, duly authorized to execute this Agreement through the express delegation of authority set forth in Article 11 of Chapter 46 of the Escambia County Code of Ordinances, and DRC Emergency Services, LLC, a corporation authorized to do business in the State of Florida, signing by and through its President, duly authorized to execute same. COUNTY: ESCAMBIA COUNTY, FLORIDA, a political subdivision of the State of Florida acting by and through its duly authorized Board of County Commissioners. WITNESS: By: By: la, / Witness Lar ;K N som, Interim C unty Administrator B � ` Dat K.) Y� Witness BCC Approved July 8, 2010 CONTRACTOR: DRC Eme en prices, LLC. a � t�� t authori d to an ct business 'n the Sta a of Florida. ATTEST: (�a uraieSeefetayL By: IC.E,President By: " 0 � L Date: �-j q 'W l o G�-E,`t1 (CORPORATE SEAL) 14 DEBRIS REMOVAL REPRESENTATIVES Owner ProjDir» Project Director «Manager» Manager, «Region» Florida Project Development Section Contracts Administrator FCO Projects Manager Director Debris Removal Manager «OffSitel» «Title1» OffSite2» «Title2» «OffSite3» «Tit1e3» aOffSite4» «Tltle4» aOff5ite5» «Title5» uOffSite6» cTitle6» «ONSITE1» «Title1l» «OnSite2» «Title21» «OnSite3» uTitle3l» «OnSite4» «Title4l» «OnSite5» «Title51» 15 EXHIBIT B DEBRIS REMOVAL MANAGERS'S PERSONNEL OFF-SITE SUPPORT STAFF Individual Title «OffSitel» «Titlel» «Off'Site2» «Title2» «0ffSite3» «Title3» «OffSite4» cTltle4» «OffSite5» «Titles» v0ffSite6» aTitle6» ON-SITE SUPPORT STAFF Individual Title «ONSITE1» «Titlel 1» «OnSite2n «Title21» «OnSite3» «Title31» «OnSite4» «Title4l» OnSite5» «Title5l» «To_Be_Assign» 16 EXHIBIT C DEBRIS REMOVAL MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION AGENCY: PROJECT: DEBRIS REMOVAL MANAGER: : CONTRACT FOR: : CONTRACT DATE: : CONTRACT AMOUNT: DEBRIS REMOVAL MANAGER'S AFFIDAVIT I solemnly swear and affirm: That the work under the above named contract and all amendments thereto have been completed in accordance with the requirements of said contract that all costs incurred for equipment, materials, labor, and services against the project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project under the contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law; that all public liability claims are adequately covered by insurance, and that the Debris Removal Manager shall save, protect, defend, indemnify, and hold the Owners harmless from and against any and all claims which arise as a direct or indirect result of any transaction, event or occurrence related to performance of the work contemplated under said contract. DEBRIS REMOVAL MANAGER: (SEAL) Title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this date by(name of officer or agent,title of officer or agent) of (name of Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced(type of identification)as identification. (Signature of person taking acknowledgment) (Name typed printed or stamped) (Title or Vendor) 17 ESCAMBIA COUNTY CERTIFICATE OF CONTRACT COMPLE-IN PROJECT NO PROJECT TITLE DEBRIS REMOVAL MANAGER CONTRACT DATE: DATE OF FINAL COMPLETION CERTIFICATE OF OWNER I CERTIFY: That the work under the above contract has been satisfactorily completed on the date set forth in accordance with the terms of the contract; that the Debris Removal Manager has submitted his swom affidavit as evidence that he has paid all labor, materials and other charges against the project in accordance with the terms of the contract. Firm Name: Date By TO BE COMPLETED BY OWNER THROUGH THE SUBSTANTIAL COMPLETION PHASE DATE DAYS Liquidated Damages 1. Notice to Proceed(N.T.P.) 2. Time Specified in Original Contract for Substantial Comp►etion(S.C.) XXXXXX 3. Extension Granted by Change Orders(Days Between Original Contract S.C.and Final Contract S.C.) XXXXXX 4. Total Days Allowable to Substantial Completion (Add Lines 2 and 3) XXXXXX 5. Project Substantially Completed as Certified by A/E (Total Days from N.T.P.through Date certified by A/E) 8, Substantial Completion Overrun(Subtract @$ Per Day=$ Line 4 from 5 and Enter Overrun) THROUGH THE FINAL COMPLETION PHASE 1. Time Specified in Contract,Between Substantial &Final Completion XXXXXX 2. Extensions Granted by Change Orders(Days Between S.C.&Final Completion XXXXXX 3, Total Days Allowable Between Substantial&Final Completion(Add Lines 1 &2) XXXXXX 4. Date Actually Completed and Total Days Between Actual S.0 &Date Certified by Owner as Actually being Finally Completed. 5. Final Completion Overrun(Subtract Line 3&4 @$ Per Day=$ and Enter Overrun) XXXXXX TOTAL LIQUIDATED DAMAGES $ DATE: Project Director DATE: Project Development Manager 18 EXHIBIT D DEBRIS REMOVAL MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS Percentage of Time Individual Title Available «Offsitel n «Titlel» uOffSite2» «Title2» «OffSite3» «TitleU «OffSite4» «T Itle4» ((OffSite5» ((Titles)) «OffSite6» ((Title6)) «ONSITE1» «Titlel U OnSite2» «Title21» «0nSite3» «Title3U «OnSite4» «Title41» «OnSite5» cTitle5l «To_Be_Assignu 19 EXHIBIT E DEBRIS REMOVAL MANAGER'S PERSONNEL TO BE ASSIGNED OFF-SITE Percentage Duration of Time Individual Title In Months Available «OffSite1» «Title1» cOffSite2» aTitle2» ((MiteU <cTitleU 0ffSite4» «Tltle4» OffSite5» <<Title5» «OffSite6» «Title6» «Ta_Be_Assign» 20 EXHIBIT F DEBRIS REMOVAL MANAGER'S PERSONNEL TO BE ASSIGNED Percentage Duration of Time Individual Title In Months Available «ONSITE1» aTitlel 1» «OnSite2» ((Title21» «OnSite3» «Title31» «OnSite4» «Title4l» «OnSite5» uTitle5l» «To_Be_Assign» 21 cA Ol C 13 w m m O ' t E CL y a)w O U N d C W cm� a, E Y c c E c o m tccu mE ° y m Nr a) ..w E O .S U >. 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L)D Light Plant with Fuel and Support aj Grader w/12' Blade (02 J0 Hydraulic Excavator, 1.5 CY (2 Z OCR Hydraulic Excavator, 2.5 CY ( OD Knuckleboom Loader .z Lowboy Trailerw/Tractor 21,&.c Mobile Crane up to 15 Ton 42 _W Pump,40 to 140 HP(Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personne 42- dD Pump, 200 HP to 350 HP(Minimum 25' Intake and 200' Discharge to Include Fuel and Support ( ,OD Personnel Pump, 500 HP to 650 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel J`-t • f,>D Vac Truck(Mist Capacity), List Capacity t oia.w Pickup Truck, .5 Ton i to• OD Skid-Steer Loader, 1,000 LB Capacity G� Skid-Steer Loader, 2,000 LB Capacity Exhibit J Tub Grinder, 800 to 1,000 HP q(.4e. Co Track Hoe-John Deere 690 of Equivalent [2,2-.C-ID Truck, Flatbed 20, 0D 4 Wheel Drive Lift for Tower . Up Water Truck(Non-Potable, Dust Control and Pavement Maintenance Wheel Loader,2.5 CY, 950 or Similar S Wheel Loader, 3.5-4.0 CY, 966 or Similar Wheel Loader,4.6 CY,980 or Similar Wheel Loader-Backhoe, 1.0- 1.5 CY Other--Please List - Labor Category Hourly Labor Rate Operations Manager w/Cell Phone and Pickup -7(p_co Crew Foreman w/Cell Phone and Pickup ( *� Tree Climber/Chainsaw and Gear S"t Laborer w/Chain Saw Laborer w/Small Tools,Traffic Control, or Fla arson 3 43 Bonded and Certified Security Personnel 4z ,CD Other-Please List Crew Category Hourly Labor Rate Wheel Loader, 2.5 CY, 950 or Similar w/Operator, Foreman with Support Vehicle and Small Equipment, Laborer w/Chain Saw,and 2 Laborers w/Small Tools. ; Other—Please List - SCHEDULE 2-UNIT RATE PRICE SCHEDULE !RoW&=to RFP Scqm of Seviow Item 2 to 24.All pdcIng Shall be nude h4opendent of olher Una NWM So County M"cled to awwd nudoe for VW$w"or Mwwd In-W 1w for lL_ 1 2 Eligible ROW Vegetative Dabde Removal ROMP l/f//f/fff////�!, Y _ y M0,BPl!ITP Pam. moll WaMMOREW. MINN I!t ' + Mt♦ ////ff/////////////////f///////f/f///f///////f////////////////ff////////////////%/////f///////%%f////////�� 5 I f M%AIPI# %///////f/f///%i%/f/f//ff//.�� SCHEDULE 2-UNIT RATE PRICE SCHEDULE CofMMueD a TDSR Sfts Misnagement and Reduction of Vegetative Debris Through Controlled open Burning In M&MM-5 �ms IF 10 Removal of ElWbWFFsi-w-Vcux Tram and Limbs _��4.0 f i • „ 711111 • . • �///////////�/V///////M, i [GLEMffi7�3�� %////////// MO�Pi ////// SCHEDULE 2-UNIT RATE PRICE SCHEDULE CONTINUED • a • �w—�,a� s. • �SEEM� �;►�IS'NOMMAR,