Loading...
09/08/1999 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 MEMORANDUM Xuannp oi�jage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 DATE: December 8, 1999 TO: Clark Lake, Director Solid Waste Management Division ATTN: Carol Cobb, Executive Assistant Solid Waste Management Division FROM: Pamela G. Hancoc Deputy Clerk BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 At the September 8, 1999, Board of County Commissioner's meeting the Board approved and authorized execution of a Contingency Agreement (Disaster Response Contract) for debris removal and debris management services between Monroe County and Waste Management, Inc. Enclosed is a fully executed duplicate original for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: Finance County Administrator w/o document County Attorney File 401 DISASTER RESPONSE CONTRACT THIS CONTRACT, made this d-day of , 1999, by Waste Management, Inc. of Florida (hereinafter called "Contractor"), and Mo a County, a political subdivision of the State of Florida ("County°). WHEREAS, the County desires to provide for debris removal and disaster response in the event of a hurricane, tornado or other natural or man-made disaster which may effect the County; and WHEREAS, the Contractor has the expertise, personnel, equipment and financial ability to perform the services required hereunder; and WHEREAS, the County desires to obtain the services of Contractor and Contractor desires to provide same pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: SCOPE OF SERVICES A. General Scope of Services I. Curb -side Collection: The Contractor shall provide all expertise, effort, personnel, materials and equipment necessary for the timely removal, and lawful disposal of all debris, except hazardous and industrial materials, generated by a declared disaster in the County. 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 the County to include: County streets, roads, and other rights -of -way, all 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 the County. II. 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. The County must secure all necessary waivers from residents as prescribed by FEMA. B. General Responsibilities The Contractor's responsibilities shall include, but not be limited to, the timely removal and lawful disposal of debris, except hazardous, from the following areas: 8/30/99 1) County streets, roads and other rights -of -way; 2) County Municipal and Public School properties; 3) any other municipal facility or site as may be directed The Contractors 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. The Contractor shall be responsible for planning and conducting operations that provide for top quality service to the citizens of the County. All due respect for the citizens of the 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. Contractor shall be responsible, to the extent that it has caused damage by its negligent acts or omissions or willful misconduct, for damage to property and injury to persons during the course of its performance under this Agreement. Such damage or injury must be properly substantiated. C. Ownership of Debris All debris, except regulated hazardous waste shall become the property of the Contractor for removal and lawful disposal. The debris primarily will consist of trees and vegetation, construction and demolition debris, bulky waste and other material determined by the parties. 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. D. 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. Unless circumstances or regulations prohibit same, Contractor shall dispose of debris a permitted Class I landfill. For purposes of this proposal, the staging areas shall be those areas secured by the County where there will be no charge for disposal. To the extent reasonably practical, Contractor will segregate the debris from any post -disaster or other waste normally collected by the County's solid waste franchisees. Contractor shall utilize its reasonable efforts to recycle those portions of the waste stream that have known recycling markets. E. Geographic Distribution The geographic boundary distribution of the Contractor's crews shall be directed by the County and shall be limited to property located within County boundaries. F. 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 the County. Sufficient time shall be scheduled between subsequent passes to accommodate reasonable 8/30/99 2 recovery by citizens, County agencies and public schools. Contractor shall provide a daily report of those areas cleared and those areas next scheduled for clearing. Citizens will be advised of the number and schedule of passes through Public Service Announcements (PSA) initiated by the County. The PSA will advise citizens to bring all debris to the edge of the right-of-way in front of their property. G. 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, and hours duration of operation intended for this contract. H. Operation of Equipment The Contractor shall operate all trucks, trailers, and all other equipment in compliance with all 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 devises to collect and load debris. No equipment shall be allowed behind the curb or outside of the defined roadway/ shoulder section unless directed by the County. Should operation of equipment be required outside of the right-of-way, the 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 the 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 prior to the equipment being put into service. 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. J. Traffic Control The Contractor shall mitigate impact on local traffic conditions to all extend possible. The Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual of 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. K. 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 twenty-four hours per day, seven days per week. Adjustments to work hours as local conditions may dictate, shall be as directed by the County following consultation with the Contractor. 8/30/99 3 L. Debris Storage and Reduction Sites (DSRS) The County shall be responsible for making any and all arrangements for properties utilized for staging, debris removal and disposal purposes. In order to promote efficiency in cleanup, those areas utilized for staging shall be as close to the affected areas as reasonably possible. The staging areas shall be operated by Contractor who will be obligated to provide traffic control and security at such sites. The Contractor shall also be responsible for erecting a tower at each site for the purpose of allowing personnel to inspect loads after arrival at the site. Contractor shall provide all manpower and equipment necessary to operate at the site. Within a reasonable time after the conclusion of Contractors activities at the staging areas, Contractor shall restore the site to the status quo ante, reasonable wear and tear excepted. M. Hazardous and Industrial Materials The Contractor shall set aside and reasonably protect any hazardous encountered during debris removal operations for collection and disposal via County's Hazardous Cleanup and Disposal Plan. The Contractor shall notify the 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 materials a separate agreement must be obtained. N. Utilizing Resources in the County The Contractor shall, to every extent possible, give priority to utilizing resources in the County. debris removal operations is considered to include but not limited to procuring supplies and equipment, awarding subcontracts, and employing workmen. O. Insurance Contractor agrees to keep the following insurance in full force and effect during the term of this Agreement. Contractor will provide the County with a copy of its Certificate of insurance prior to performance of service. Worker's Compensation Coverage Automobile Liability Bodily Injury Property Damage Comprehensive General Liability Bodily Injury Property Damage P. Reports 8/30/99 Statutory State Limits $1,000,000 each person $1,000,000 each accident $1,000,000 each accident $1,000,000 each $1,000,000 aggregate $1,000,000 each $1,000,000 aggregate 4 The Contractor shall make such periodic reports to the County as necessary to detail the progress of debris removal and disposal. Such reports shall include a daily report detailing daily volumes of material and other information the County reasonably deems necessary. Contractor shall have administrative personnel available at a mutually selected location(s) for processing data, invoices, and other similar functions. If required, such administrative personnel shall meet with County staff on a regular basis. Q. Accountable Form The County shall accept the serialized, multipart copy, of the Contractor's debris Removal Ticket as the accountable form or original source document for measurement of the volume of debris managed. The Contractor shall utilize its reasonable best efforts to provide accurate invoices, lists, data, and backup information daily. The County may audit such documents and the Contractor's on a regular basis. R. Contract Term and Rates, Adjustment This agreement shall commence on 1011Aq and continue until December 31, 1999. The agreement will be extended for successive o e year periods unless either party provides written notice at least sixty (60) days in advance of a desire not to so extend. The County shall compensate Contractor pursuant to the rates set forth in Schedule A annexed. These rates shall be subject to an annual adjustment based upon the annual change in the Consumer Price Index, all urban consumers, published by the Department of Labor. S. Payment Terms The Contractor will invoice County on a net ten (10) day basis from time of service. Invoices will be submitted to County every week and will be promptly processed for payment. However, the parties agree that payment will be due only upon County's receipt of payment from FEMA. T. Contractor Representative On -Site Within 24 Hours 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 County Administrator or his designee within 24 hours following a Notice to Proceed. The Contractor's representative shall have the authority to implement all those actions required to begin execution of the Contractor General Operations Plan. U. 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 County. Attached as Schedule A is a rate sheet for compensation to Contractor. 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 the County has 8/30/99 5 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) BOARD OF COUNTY COMMISSIONERS ATTEST: OF MONROE COUNTY, FLORIDA 3y: Chairman WASTE MANAGEMENT INCAOF FLORIDA By: /�10//' Title: VicePees 1 de v,+ " Tf�is i fG�tifji'tFiail'fSv��3tif�lfld 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 bindin obligations on sparties. / 0��O�tto ey 00/y 8/30/99 6 BID FORM PROJECT: Debris Removal and Debris Management Services LOCATION: Monroe County. Florida excluding; the municipalities of Key West and Islamorada 1. Retainer/Standby fee $ 0 2. Removal and Disposal of all FEMA approved storm -related debris within 15 feet of public right-of-way $27.60 / cubic yard 3. Removal and Disposal of all storm -related debris resulting from FEMA approved Right of Entry Projects $1200 . o q/ property lot 4. Removal and disposal of all FEMA approved stumps N, $ 100.0 0/ stump The County reserves the right to utilize the approved rates of the Federal Emergency Management Agency in effect at the time. In the event the Contractor's and FEMA's rates are substantially at variance, the County will participate in negotiations to obtain agreements on rates and procedures. 11 14 A/i111:U. DATE(MMMNYI n 10/15/96 rr:,a `. �. •- -,;a�;cu::>:,xa•:.<u::;,:Y,uccc::w,;,,r.:>.::.>:,.:,,:::::,:......-,..�...............------- THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. COMPANY RODUCER Near North Ins Brokerage, Inc. Allianz Insurance Company DEC 2 875 North Michigan Avenue 3400 Riverside Drive Suites 18, 19, & 20 Suite 300 Chicago, IL 60611 urbank, CA 91505-4669 SUN-CWE LAT 269 Waste Management, Inc. et al and/or associated companies N� and/or WMX Technologies, Inc. 3003 Butterfield Rd. Oak Brook, IL 60521 YNW5= 1025623WMI 10/15/96 1 12/01/99 TM RZMACU PRIOR EVMZMX DATED: DCA'n0MV»cauiaav1N Real property on the premises known as 1) Key Largo Transfer Station, 110 State Road 905, Mile marker 112, Key Largo, FL; 2)Long Key Transfer Station, 65821 US Hwy. 1, Mile Marker 68, Long Key, FL; 3) Cudjoe Key Transfer Station, Blimp Road, Mile Marker 21.5, Cudjo Key, FL CoVZRAGZffZMUMRM AMOUfPOfVODRANLs I DWUCMLE "All Risk" o irect pSy-sical loss or damage to Real ana LU,000,vvV Personal property including Improvements and Betterments Bxceed owned, operated or controlled by the Insured & for which eplace- the insured is legally liable, unless otherwise excluded; ment including Boiler and Machinery, Business Interruption, Cost Extra Expense and Contingent Business Interruption all as provided in this policy. Includes Flood and Earthquake. Waste Management, Inc. o 2700 NCI 48th Street Pompano Beach, FL 33073 Qif� cL DROV D BY SK A AGEMFNT -� BY �] DATE I 3 WARTR: N/A YES THE POLICY IS SUBJECT TO THE PREMIUMS, 'FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD days THE POLICY BE TERMINATED THE COMPANY WELL GIVE THE ADDITIONALINTEREST MENTHUDBELOW3 0 YS WRITTEN NOTICE, AND WILL SEND NOTIFICATIONOF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT ----- -- ......,....*nnr nv r ♦ate NAME AND ADDRESS Monroe County Rlsk Management Attn: Maria del Rio 5100 College Rd. Key West, FL 33040 NAT= OF IN18=T MOETOAGM LOSS PAYPB I�I GNATUEE OF At 1 -- J AWMNAANSUM