Loading...
09/28/1998 Contract��ouwry� a uE ' f '• y�f COUNri BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289 -6027 FAX (305) 289 -1745 ;Dannp 1. Rotbage CLERK OF THE CIRCUrr COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292 -3550 FAX (305) 295 -3660 M E M O M$ N U U M TO: Clark Lake, Director Solid Waste Management Division Attn: Carol Cobb, Administrative Assistant FROM: Isabel C. DeSantis, Deputy Clerk A �- DATE: November 19, 1998 BRA4NCH OFFICE 88820 OVERSE S HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. f305) 852 -7145 FAX (305) 852 -7146 As you know, at the October 21, 1998 meeting, the Board approved the following: Ratification of Hurricane Debris Removal Agreement signed by Mayor London between Monroe County and Waste Management of Florida, Inc. (dated September 28, 1998) and ratification of Addendum to Contract (dated October 13, 1998). Attached hereto are duplicate originals of each document for your handling. Should ou have an y questions concerning the above, please do npt hesitate to contact this office. cc: County Attorney County Administrator w/o doc. Finance Director ,/l#i 1 e N CONTRACT THIS CONTRACT, made this 28th day of September, 1998, by Waste Management, Inc. of Florida (hereinafter called "Contractor "), and Monroe County. 3 .° C ao SCOPE OF SERVICES C) o rr n M . 4C C7 C-1 General Scope of Services � c? �o cj 3 r Z I. Curb -side Collection: The Contractor shall provide all expertise, 061E pworm-1, materials and equipment necessary for the timely removal, and lawful dis *sagpf y et Debr excepting hazardous and industrial materials, generated by Hurricane Gcsorges irFModjoe County excluding the City of Key West. These services shall provide for the cost effective and efficient removal and lawful disposal of Debris accumulated and deposited on all properties normally serviced by Monroe County to include: County streets, roads, and other rights -of -way, all Monroe County municipal and public school properties, any other municipal facility or site as may be directed, and includes all private residence and property Debris brought to the edge of the right -of -way by citizens. Services shall be performed on an "as needed basis" when designated by Monroe County. Il. Right of Entry (ROE): The Contractor shall provide all expertise, personnel, materials and equipment necessary to remove Debris from private residences. Any and all work must be approved by both parties before any ROE work begins. Monroe County must secure all necessary waivers from residents as prescribed by FEMA. III. Creeks and Streams: The Contractor shall provide all expertise, personnel, materials and equipment necessary to remove Debris from Creeks, Streams, and Waterways located in Monroe County, as and where agreed between the parties. The Contractor will work within all guidelines as prescribed by the State Environmental Authority. General Responsibilities The Contractor's responsibilities shall include, but not be limited to, the timely removal and lawful disposal of Debris, excepting hazardous and industrial materials, from the following areas: 1) County streets, roads and other (ghts -of -way; 2) Monroe County Municipal and Public School properties; 3) any other municipal facility or site as may be directed. The Contractor's responsibilities shall also include the removal and lawful disposal of all private residence and property Debris brought to the edge of the right -of -way by citizens during recovery from the disaster. Aft I The Contractor shall be responsible for planning and conducting operations that provide for top quality service to the citizens of Monroe County. All due respect for the citizens of Monroe County and their individual private properties shall be acknowledged. The Contractor shall be responsible for conducting operations in such manner as to cause the minimum damage possible to existing private property and improvements, and to the public and private infrastructure. The Contractor shall acknowledge the presence of other contractors involved in disaster response and recovery activities of the federal, state and local government, and of any private utility, and shall not interfere with their work. Ownership of Debris All Debris, except regulated hazardous waste shall become the property of the Contractor for removal and lawful disposal. The Debris will consist of trees and vegetation only. The Contractor shall be responsible for removal of Debris up to the point where Debris can only be described as light litter and additional collection can be facilitated only by sweeping and raking. Disposal of Debris The Contractor shall be responsible for determining and executing the method, manner and location(s) of lawful disposal of all Debris, excepting regulated hazardous work. For purposes of this proposal, the staging areas shall be those areas secured by Monroe County where there will be no charge for disposal. Any disposal charge will be passed on to Monroe County. Contractor will segregate the Debris from any post - hurricane or other waste normally collected by the County's solid waste franchisees. Geographic Distribution The geographic boundary distribution of the Contractor's crews shall be directed by Monroe County and shall be limited to property located within Monroe County boundaries, excluding Key West. Multiple, Scheduled Passes The Contractor shall make multiple, scheduled passes of each site, location, or area impacted by the natural disaster. This manner of Debris removal is required to allow citizens and County agencies to return to their properties and bring all Debris to the edge of the right -of -way adjacent to the property, as their recovery progresses. The number and schedule of passes shall be directed by Monroe County. Sufficient time shall be scheduled between subsequent passes to accommodate reasonable recovery by citizens, County agencies and public schools. Citizens will be advised of the number and schedule of passes through Public Service Announcements (PSA) initiated by Monroe County. The PSA will advise citizens to bring all Debris to the edge of the right -of -way in front of their property. 2 Alk r Assignment of Work Forces The Contractor shall assign work forces such that Debris removal shall progress in a systematic and predictable manner. Contractor shall provide written description of number of crews /teams, type of equipment, cubic yards per hour production and hours duration of operation intended for this contract. Operation of Equipment The Contractor shall operate all trucks, trailers, and all other equipment in compliance with al applicable federal, state and local rules and regulations. Equipment shall be in good working condition. All loading equipment shall be operated from the road, street, or right -of- way using buckets and /or boom and grapple devices to collect and load Debris. No equipment shall be allowed behind the curb or outside of the defined roadway /shoulder section unless directed by Monroe County. Should operation of equipment be required outside of the right -of -way, Monroe County will provide a Right -of -Entry agreement executed with the property owner prior to Contractor work being authorized. Certification of Load Carrying Capacity The Contractor shall submit to Monroe County, statement(s) indicating the type of vehicle, make and model, license plate number, contractor equipment number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul Debris. The measured volume of each piece of equipment shall be calculated from actual physical measurement performed by the Contractor and a County Representative. A statement certifying actual physical measurement of each piece of equipment shall be in the statement of certification. Maximum volumes may be rounded up to the nearest one - half (1/2) cubic yard. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment. Security of Debris During Hauling The Contractor shall be responsible for the security of Debris on /in each piece of equipment utilized to haul Debris. Prior to leaving the loading site, the Contractor shall ensure that each load is secure and trimmed so that no Debris extends horizontally beyond the bed of the equipment in any direction. All loose Debris shall be reasonably compacted and secured during transport. Traffic Control The Contractor shall mitigate impact on local traffic conditions to all extent possible. The Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual for Uniform Traffic Control Devices (MUTCD). The Contractor shall provide sufficient signing, flagging, and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable federal, state and local law, regulations, and ordinances governing personnel equipment and work place safety. KI E Work Hours The Contractor shall conduct Debris removal operations from sunup to sundown, seven days per week. Any mechanical Debris reduction operations may be conducted from sunup to sundown, seven days per week. Adjustments to work hours as local conditions may dictate, shall be as directed by Monroe County following consultation with the Contractor. Debris Storage and Reduction Sites (DSRS) The County shall be responsible for making any and all arrangements for properties utilized for Debris removal and disposal purposes. Hazardous and Industrial Materials The Contractor shall set aside and reasonably protect any hazardous or industrial materials encountered during Debris removal operations for collection and disposal via Monroe County's Hazardous and Industrial Materials Cleanup and Disposal Plan. The Contractor shall notify the Monroe County Inspector, the same day as discovery, of the type and location of any such Debris encountered. Should the County desire to task the Contractor to collect and dispose of Hazardous and Industrial Materials a separate agreement must be obtained. Utilizing Resources in Monroe County The Contractor shall, to every extent possible, give priority to utilizing resources in Monroe County. Debris removal operations is considered to include but not limited to procuring supplies and equipment, awarding subcontracts, and employing workmen. Insurance Contractor agrees to keep the following insurance in full force and effect during the term of this Agreement. Contractor will provide Monroe County with a copy of its Certificate of Insurance prior to performance of service. Worker's Compensation Coverage Automobile Liability Bodily Injury Statutory State Limits $1,000,000 each person $1,000,000 each accident Property Damage Comprehensive General Liability Bodily Injury Property Damage $1,000,000 each accident $1,000,000 each $1,000,000 aggregate $1,000,000 each $1,000,000 aggregate 4 E Reports The Contractor shall make such periodic reports to Monroe County as necessary to detail the progress of Debris removal and disposal. Such reports shall include: A daily report detailing: street names and addresses where particular passes for Debris removal were conducted and /or completed; the total number of personnel engaged in Debris management operations on that day, the number of loaders and quantity of Debris, by type, removed and disposed of; any inspection conducted by federal, state, or local government agencies; any damages to private property caused by Contractor operations; any reports of damage claims made by citizens; the number, name, and location of each Debris management site in operation to include numbers of grinders, chippers, and mulching machines in operation; and any other information as may be required to duly and completely describe the Contractor operations conducted on that day. A weekly summary of the information required in the daily report shall be submitted each week to Monroe County. At final acceptance of the project by Monroe County, the Contractor shall prepare and submitaa detailed description of all Debris management activities conducted, to include, but not be limited to, total volumes of Debris managed, by type and weight as disposed of; the total cost of the project; any lessons as may have been learned for improving operations in the future, and any other additional information as may be necessary to adequately document the conduct of Debris management operations. The schedule for submittal of the daily and weekly reports shall be directed by Monroe County following consultation with the Contractor. Accountable Form Monroe County shall accept the serialized, triplicate copy, of the Contractor's Debris Removal Ticket as the accountable form or original source document for measurement of the volume of Debris managed. Contract Term This contract will terminate upon completion of the storm clean up, as determined by Monroe County. Payment Terms The Contractor will invoice Monroe County on a net ten (10) day basis from time of invoice. Invoices will be submitted to Monroe County every week and will be promptly processed for payment. However, the parties agree that payment will be due only upon Monroe County's receipt of payment from FEMA. Contractor Representative On -Site Within 24 Hours 5 E The Contractor shall make all arrangements necessary to mobilize a minimum of 50% of the operational plan within 48 hours of a Notice To Proceed and 100% mobilization with 96 hours. A knowledgeable and responsible representative shall report to the Solid Waste Director located at Marathon EOC within 24 hours following the executed contracts. The Contractor representative shall have the authority to implement all those actions required to begin execution of the Contractor General Operations Plan. Hold Harmless and Rate of Payment The County agrees to diligently pursue payment on behalf of the Contractor for all billable work performed by the Contractor on behalf of Monroe County. The Contractor agrees to hold harmless Monroe County for amounts billed by the Contractor to the County that is deemed by FEMA to be unreimbursable. Further, the Contractor agrees to accept payment at rates negotiated by FEMA, the County and the Contractor and will not seek any additional monies over and above the negotiated rates from Monroe County. Attached as Exhibit "A" is a rate sheet which the parties understand will be accepted by FEMA. If FEMA does not accept those rates, the parties will agree on a substitute rate, failing which either party may elect to void this agreement. IN WITNESS WHEREOF, Contractor has hereunto set its hand and seal (or) has caused these presents to be signed in its corporate name by its authorized representative and Monroe County has caused these presents to be signed in its corporate name by its Authorized Agent by authority of Monroe County Commission duly given, all as of the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF NR E COUNTY, FLORIDA-? By ayor /Chairman MANAGEMENT INC OF FLORIDA By Title This is to certify that I have examined the attached contract documents, that after such examination I am of the opinion that such documents conform to the laws of the State of Florida, that the execution of the Contract was in due and proper form and that the foregoing agreements constitute valid and binding obligations on such parties. n. SCHEDULE A 41 7 Hourly 210 Prentice Loader $160.00 Self Loading Prentice truck - 25 to 40 yard dump body $160.00 Wheel Loader- 2 -1/2 to 3 cubic yard $130.00 Tandem Dump Truck $ 90.00 Tractor Trailer type Dump Truck - 25 to 60 yard $105.00 Tractor Trailer type Dump Truck - 60 to 80 yard $150.00 Skid Steer Loading Bobcat or equivalent $ 85.00 D6 Dozer or equivalent $130.00 Cat 330 Excavator with debris loading grapple $150.00 950 Wheel Loader or equivalent $130.00 Chainsaw Operator with gear $ 45.50 Supervisor with pick -up truck $ 55.00 Safety Manager with pick -up truck $ 55.00 Mechanic's Truck with tools $ 65.00 Flagmen for traffic control $ 28.50 12 -Foot Morbark Tub Grinder or equivalent $410.00 13 -Foot Morbark Tub Grinder or equivalent $460.00 Trash Transfer Trailers - 110 yard with Tractor $125.00 Bucket Truck - 50 cubic yard bed $140.00 Clerical $ 35.00 Mobilization and Demobilization A Pass thru 7