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Item G03M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: G.3 Agenda Item Summary #3568 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 N/A AGENDA ITEM WORDING: Ratification of Agreement with DRC Emergency Services, LLC to provide Disaster Response and Recovery service and to perform services in the area of MM16- MM40 as needed in order to continue debris collection and hauling in this area upon removal of the Florida Department of Transportation contractors that were previously handling debris services. ITEM BACKGROUND: The County sought proposals for Disaster Response and Recovery Services on May 4, 2017 and received eight responses. DRC Emergency Service, LLC (DRC) submitted a proposal in response to the County's competitive solicitation. The selection committee scored and ranked the respondents during a publicly noticed meeting on May 31, 2017 and DRC was the second highest ranked respondent. The County requires the services of hurricane debris /disaster services and has entered into a contract with DRC for them to take over debris removal services in MM 16- MM 40, which is the area of the Florida Keys that was previously being handled under Florida Department of Transportation's (FDOT) Contractor. The County received notice that FDOT would be removing their contractors and AshBritt, Inc. refused to provide services in this area without a price increase, so County staff reached out to DRC to determine if they would honor their competitively bid prices and enter into a contract for services. The agreed to do so and the County Administrator executed a contract so that they could begin services. DRC was the County's previous contractor and successfully provided debris removal services as a result of Hurricane Wilma. Costs incurred as a result of a declared emergency are eligible for federal and state reimbursement. The contract is executed for a five year term. PREVIOUS RELEVANT BOCC ACTION: BOCC gave approval to advertise for RFP at January 2017 meeting. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Ratification DOCUMENTATION: Disaster Response and Recovery Services DRC Performance Bond Certificates of Insurance DRC FINANCIAL IMPACT: Effective Date: 10/31/17 Expiration Date: 10/31/22 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: FEMA funds CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: I to] WTAi Do 1111" Judith Clarke Completed 10/30/2017 5:29 PM Christine Limbert Skipped 10/30/2017 6:03 PM Budget and Finance Completed 10/31/2017 8:45 AM Maria Slavik Completed 10/31/2017 8:49 AM Kathy Peters Completed 10/31/2017 9:13 AM Board of County Commissioners Pending 11/14/2017 9:00 AM WITNESSETH: • ;J11 1111111111�!!! 111111, T O U*- WHEREAS, CONTRACTOR has agreed to provide professional services which shall Include but not be limited to providing Disaster Response and Recovery Services, which services 0all collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby -t COUNTY and CONTRACTOR agree as follows: MOMMMMMMM By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The COi1T?T4CTOR shall maintain all necessary licenses, permits or other authorizatiom necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied, 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and Q�r Packet Pg. 791 Agreement for Disaster Response and Recovery Services .A. NO - 0 V 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed bylaw with regards t* his performance and those directly under his employ. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to fi the CONTRACTOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. I IV I MF I EHIM - RaffrAVIAWN: 1141 Z ................ A& CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the 'Lime within which services must be performed. 2 A/ Packet Pg. 792 The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevin Wilson, P. E. Assi s r___ 1100 Simonton Street Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 P 'T a A .091- Will 'k 1`59170 3.1 The services described in Article III that may be provided by the CONTRACTOR (providei for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services of CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. 1. 01 1 flno !I115F 11 1 i 1111 ! F wilimilaaag W., B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. op — Packet Pg. 793l ARTICLE IV aou"=S 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and any available maps. �Ml 1 404 IN Al I II I n I HIT III , 1 00 111111 M10 y! IV 1 1_1 MiRaw Fil I i 1_1 t M. il I I M11 $* 11 to; - 11 � Me 1211 11101 v 1 5 W I .F." In -1 MOR 14 WIM 1: 4.3 Prompt written notice shall be given by the COUNTY and its representative to th CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have beer. duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. Packet Pg. 79'4 Mrs "40112117■�! The first ten dollars ($10.00) of remuneration paid to the COATM-CTOR is consideration for the indemncation provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. .. ............................... I. A The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: g re W. o M- 1 Mi i I hi A n t .................... 7.1 PAYMENTSUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed on and shown in Attachment A. ap� {� 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid monthly. (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, Packet Pg. 79'5 1 compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. t.4.1 The CONTRACTOR may not be entitled to receive, and the COVIT T is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fisca': year (October 1 - September 30) by COUNTYs Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. W .................... ! MW 4200 - iiiiiMM . 11 p I III ! 1 111 1111111 Ill 1 11111111111 ! I J 11111 1 E - Packet Pg. 796l 1RMH2M10QM===MZEMMM= A. Workers' Compensation insurance as required by the State of Florida, sufficient t-4- respond to Florida Statute 440. PIRM C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with Five Million Dollars ($5,000,000.00) combined single limit and Five Million Dollars ($5,000,000.00) annual aggregate. An Occurrence Form policy is preferred, If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution Liability insurance of Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a 'claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. lillilli�l li�ll 11�1� lip 11111 ilil G. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. ,119. IN: OR - I t 111111111111[" 1. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance wil', be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. b: Mi I I Olui� The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. ights in favor of, any third party. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. . te F Pg. 798 K - Packet Pg. 79'9 CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. p lut Is Packet Pg. 800 MMIMMUM��� conditions and provisions of this Agreement would prevent the accomplishment of th-. original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform th-- Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision, - W 9.12 BIADIA EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure t* the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. WFEMMW3 1&1-3:101 CONTRACTOR and COUNTY at that each shall be and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided ithat all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. le Packet Pg. 801 Agreement for Disaster Response and Recovery Senices IN M: MUMV-11— - I �11111111111!11 I i 11111 11 111 1 1 r iii 1111111�1111rijiili 11111111111 "IM.-MMIM . -61 ii :� i � 11JIL-3 Ut I V t I f 11 k 0M. I I x 10 M x CH MTN I I I I "I V 0 Na V-1 I V I I I I I I I I I I I � I'me:44"11 zt. ro I R x W - 3) Thec( tractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. NZ11 A%[�._ffl HURFMISMIMMA ..... ..... 7,17 M To I 'A IM 11W MY in u7sx, Mnicir 110 Cunflict In any MBfInUFUI UUY1UUT;'1L1J RU [JUFIUFIII- — under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. W0111111 13 Pg. 803 mg��� *f public position, conflicting employment or contractual relationship; and disclosure or use f certain information. WIM: F. M E Packet ' Pg. 804 MMMEEE� .� The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be 19 [ Pg. 805 Agreement for Disaster Response and Recovery Services offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. AS No covenant or agreement contained herein shall be deemed to be a covenant or 2greement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 1.29 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions as set forth Appendix 11 to Part 200, as amended, including but not limited to: a �111 I;M.041 OR we / 17 iNt 3.30 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment ebility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or 18 F — Packet ' Pg. 808 . ': ■ 4 z a l t- ■ Q- 721M IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Aftest: KEVIN MADOK, Clerk By: Deputy Clerk AM11111IN11 - (Seal) Attest: BY:A0ftk62 ........... ........ ...... . A gom gore RAN J19*15 Mat", L01 01 ZIGIZ.901611 10 twifli 2 ANINI 0 By: Mayor/Chairman Ratified by the Board of County Commissioners on . 2oiLm bMSTINE LIMBERT-HARROWS ASSISTANT COUNTY 17ORNEY DATE-_UZ21 I 1 1 19 Agreement for Disaster Response and Recovery Services ATTACHMENT A SCOPE OF WORK AND PRICING '0 L r Packet Pg. 810 Agreement for Disaster Response and Rccovcry Services In the event of a disaster, upon Notice to Proceed from the COUNTY, the CONTRACTOR shall be responsible for providing emergency debris clearance (PUSH), Debris Recovery (loading and hauling of disaster related debris), management of Temporary Debris Storage and Reduction sites (TDSR), and tree stump and limb removal. All disaster response and recovery services shall be performed in compliance with FEMA and FHWA guidelines. Documentation and reports of work performed shall be in a form suitable for FEMA reimbursement. These tasks may include, but are not limited to: A. Emergency Debris Clearing from County Rights of Way and Facilities • Immediately after a disaster, provide all necessary equipment, tools and personnel to clear primary roads and critical government facilities of debris to allow emergency vehicles access to areas in need of assistance as directed by the County. • Debris should be stacked along the edge of pavement on the shoulder of the road and not blocking driveways, side streets or utilities of any kind. • Emergency Debris Removal may require loading the debris, hauling the debris to an approved dumpsite, and dumping the debris at the approved dumpsite. • Provide daily reporting to include cumulative, daily, and hourly statistics detailing type of equipment and personnel used Pricing for Emergency Debris Clearing equipment shall be at the hourly rates detailed as follows (equipment operator included): Equipment Type Hourly Equipment Rate Bobcat Loader S120.00 Bucket Truck w /Operator $275.00 Crash Truck wllmpact Attenuator $185.00 Dozer, Tracked, D5 or similar $190.00 Dozer, Tracked, D6 or similar $290.00 Dozer, Tracked, D7 or similar $450.00 Dozer, Tracked, D8 or similar $500.00 Dump Truck, 18 CY -25 CY $125.00 Dump Truck, 25 CY -35 CY $135.00 Dump Truck, 35 CY -45 CY $14.5.00 Dump Truck, 50 CY or larger $175.00 Generator and Lighting $100.00 Grader w112' Blade $290.00 Hydraulic Excavator, 1.5 CY $185.00 Hydraulic Excavator, 2.5 CY $195.00 Knuckleboom Loader $270.00 Equipment Transport $150.00 Mobile Crane (Adequate for hanging limbs /leaning trees) $240.00 Pickup Truck, .5 Ton $40.00 21 Packet Pg. 811 Agreement for Disaster Response and Recovery Scrvices Truck, Flatbed 9115.00 Water Truck $120.00 Wheel Loader, 2.5 CY, 950 or similar $180.00 Wheel Loader, 3.5 —4.0 CY, 966 or similar $190.00 Wheel Loader, 4.5 CY, 980 or similar $200.00 Wheel Loader- Backhoe, 1.0 — 1.5 CY $175.00 Track Hoe, John Deere 690 or similar $185.00 Stump Grinder $350.00 30 ton or larger Crane $395.00 Labor rates for emergency debris clearing and other work directed by COUNTY which require hourly billing shall be invoiced as follows: Labor Category Hourly Labor Rate Operations Manager w /Cell Phone and Pickup $90.00 Crew Foreman w /Cell Phone and Pickup $75.00 Tree Climber /Chainsaw $90.00 Laborer w /Chain Saw $45.00 Laborer w /small tools, traffic control, flag person $40.00 B. Debris Recovery and Disposal (Load and Haul) from County Roads and Facilities • Provide all necessary equipment and personnel to load and haul disaster - generated debris to an approved TDSR site consistent with the Required Response level and Time set forth below • Disaster — related debris will be sorted into categories: clean vegetative, non - vegetative, seaweed, white goods, household hazardous waste, mixed and ineligible at the load sites. • All debris shall be mechanically loaded and reasonably compacted. • Provide control of pedestrian and vehicular traffic in the work area; include flag persons, signs or other devices necessary to ensure safe debris recovery operations. • Provide daily reports on all debris recovery operations; include all equipment and personnel used. The report shall detail daily and cumulative -to -date statistics on the number of truckloads, number of cubic yards of debris hauled, locations of completed work, and locations of current work for each type of debris recovered. • Identify landfills and/or other final disposal site(s) for all debris. • Haul debris from TDSR sites to final disposal site(s). • Immediately investigate claims of damage to private property and/or County roads and rights -of -way due to debris operations and ensure proper repairs are made promptly at no cost to the County. • Provide all necessary equipment and personnel to remove seaweed and other debris from beach sand by screening and return clean sand to beach as directed by the County. 22 Packet Pg. 812 Agreement for Disaster Response and Recovery Services Unit Costs associated with collection and hauling of debris from County rights of way to TDSRs are on a per cubic yard (CYD) basis, per pound basis, or for each united as set forth below Rates are inclusive of all costs and shall be invoiced at the following rates: Description Unit unit Price Collect and Haul Vegetative Debris 0 -15 mi CYD $7.81 15.1 - 30 mi CYD $8.44 > 30 mi CYD $9.69 Collect and Haul Non- Vegetative (Construction and Demolition; "C &D ") Debris 0 - 15 mi. CYD $8.31 15.1 - 30 mi CYD $8.94 > 30 mi CYD $10.19 Collect and Haul White Goods 0 -15 mi Each $62.50 15.1 - 30 mi Each $75.00 > 30 mi Each $87.50 Collect and Haul electronic waste E -Waste 1 - 15 mi CYD $156.25 15.1 -30 mi CYD $168.75 >30 mi CYD $181.25 Collect and Haul Household Hazardous Waste 0 -1 mi CYD $150.00 15.1 - 30 mi CYD $162.50 > 30 mi CYD $175.00 Collect and Haul Seaweed 0 -15 mi CYD $12.50 15.1 - 30 mi CYD $13.75 > 30 mi CYD $15.00 Collection and Disposal of animal carcasses shall be $ 625.00 per unit. C. Management of Temporary Debris Storage and Reduction (TDSR) Sites • Provide sufficient personnel and equipment to operate multiple TDSR sites simultaneously within unincorporated Monroe County • Fully document pre - existing conditions at proposed TDSR sites with photographs and appropriate environmental sampling. • Prepare each approved TDSR site to accept debris, to include clearing, erosion control, grading, construction and maintenance of haul roads and entrances and installation of inspection towers and security fencing • Establish site layout, including entrance, exit and internal haul roads at each TDSR site • Provide all management, supervision, labor, machines, tools, and equipment necessary to accept, process, reduce, sort, and dispose of disaster related debris. • Provide at least one inspection tower at each TDSR site constructed to pre - approved county specifications. • Vegetative Debris reduction shall be performed by chipping 1 grinding only • Ensure all debris is properly staged and sorted. 23 � 1 1 1 Packet Pg. 813 Agreement for Disaster Response and Recovery Services Provide daily and cumulative -to -date reports for each TDSR site. Ensure TDSR sites are secure and not accessible by the public during operation and after working hours. After all debris has been reduced and hauled to final disposal sites, perform site restoration and closeout; include removal of site equipment (temporary toilets, inspection towers, security fence, etc) and restore the site to pre -work conditions. Costs related to testing to establish TDSR site initial conditions, site mobilization and site restoration shall be invoiced at CONTRACTOR cost with no mark -up. Unit costs for TDSR site management and debris reduction are on a per cubic yard basis. Costs are inclusive of all work required to manage and reduce debris, except as noted above, (freon removal from white goods is a separate, per unit cost), and shall be invoiced as follows: Description Unit Unit Price Debris Site Management vegetative CYD $3.00 non-vegetative CYD $1.75 white goods CYD $1.25 household hazardous waste CYD $1.25 Electronic Waste (E -Waste) CYD $1.25 seaweed CYD $1.25 Freon removal from white goods shall be invoiced at $62.50 per unit from which Freon is removed; the price for Freon removal includes transport and disposal of Freon at an approved disposal site. Price for Haul out of reduced debris to Final Disposal sites shall be inclusive of all costs and shall be invoiced on a per cubic yard basis as follows: Description Unit Unit Price Haul out to Final Disposal 0 - 60 mi CYD $7.50 61 - 100 mi CYD $10.00 101 - 130 mi CYD $12.50 g reater than 130 mi CYD $15.00 D. Contractor will identify final disposal locations for all debris classes. Cost associated with landfill tipping fees will be a pass through cost; the CONTRACTOR will invoice the COUNTY at actual cost, without any additional fees. Wherever possible, recycling, or other approved re -use facilities (ie. for metals) will be identified in order to reduce disposal costs. E. Beach Sand Screening and Replacement Provide all necessary equipment and personnel to screen all sand to remove debris deposited by an event. This task includes the pick -up of debris laden sand, hauling debris laden sand to the processing screen located on or near the beach, processing the debris laden sand and returning the clean sand to the approximate original location on the beach as directed by the COUNTY. Debris removed from the sand will be picked up, hauled and 24 Packet Pg. S1 Agreement for Disaster Response and Recovery Services processed based on the scope of work and unit prices for debris removal from COUNTY rights of way. The cost associated with collection, screening and returning sand to the beach shall be invoiced at $ 14.00 per cubic yard. F. As directed by the County, the CONTRACTOR will provide labor, equipment and materials to clear vegetative debris from private property, and demolish and remove non - vegetative debris from private property. Work my include trimming limbs and trees that present a hazard, clearing debris from private property and hauling it to the closest public right of way. Work will not proceed until appropriate rights of entry forms and hold harmless agreements are obtained. The following rates apply for right of entry work: Vegetative debris: $ 10.00 per cubic yard Demolish and Remove non - vegetative debris from private property: $ 15.63 per cubic yard. G. Tree and Limb Removal • Provide all equipment, tools and personnel to safely remove hazardous leaning trees or hanging tree limbs, as directed by Monroe County. • Provide control of pedestrian and vehicular traffic in the work area, to include flag persons, signs or other devices necessary to ensure safe tree /limb removal operations • Ensure that strict Right -of -Entry procedures are followed for any hazardous tree or limb removal operations that affect private property. • As directed by the County, remove all hazardous tree stumps, both uprooted and intact. The rARt of f ree And limb romnval shall ho iniinirerl �t the hourly rotes fer eq ., A d ' . The cost of tree stump removal shall be invoiced at the following unit rates: Tree Stump Removal Unit Unit Price Greater than 24" but Less than 48" in Diameter Per Stump $250.00 48" and Greater in Diameter Per Stump $500.00 Required Response Level and Time The following minimum response levels and timeframes are required by the contractor. A. Contractor's senior representative will be present at County EOC 24 hours prior to anticipated event, if requested by County; if not already present Contractor's senior representative will report to County EOC within 24 hours of notification by County after an event. B. Emergency Debris Clearance (PUSH) from Roads 5 crews (personnel and equipment) within 12 hours of notification by County 10 crews (personnel and equipment within 24 hours of notification by County C. Debris Collection /Removal from County Roads 25 Packet Pg. 815 Agreement for Disaster Response and Recovery Services The Within 24 hours of notification by County, contractor personnel will establish presence in county and prepare a minimum of four temporary debris sites for the following levels of response for debris collection: Tropical Storm or Category 1 hurricane Category 2 or 3 hurricane Category 4 or 5 hurricane 50 trucks {incl. personnel and loading equipment; 150 trucks 200 trucks 33% of minimum equipment requirement must be present and working with 72 hours 66% of minimum requirement present and working with 120 hours of request 100% of minimum requirement present and working within 180 hours of request. The response levels indicated above represent the minimum required; as needed contractor will be required to increase response levels to effectively respond to a specific event as debris operations proceed. Failure to meet the minimum required response levels and timeframes will be considered non - performance and a default under the contract. 26 E Packet Pg. 816 Agreement for Disaster Response and Recovery Services DRC Pricing Sheets from RFP (Schedule one, two and three) 26 I I II O PP m IN C, C) u? 0 Ln cv w ww ui ' J u u i i I - �i T S, 81 . 40 W — s VT ui; rz Ln " .. rz cc � m w- P-� in: 4m cc 44 I II O PP m IN C, C) u? 0 Ln cv ui ui ' J u 40 I II O PP m IN ■ it kl 0 I IN ■ .. .. m c ca i5 M CL ■ co �rj IIN • r .S: U. OUR • cm: E W C m CO). u C 11- co to E it kl 0 I IN Equipment Type Hourly Equipment Rate -Bu&et T, .1 Ul I Mt R. = , W. "M it rt I'll-F47-Mf MFIRMMDYS—MrMjlf-�� Ito 1 WON I M WINTIM LQunv Trul"35 CY v Mil. Mi.WYMMIRIE6 PMM -72 MiRMIEW MMVM, Gaiier. tor sTd OAtina PC Mr. P-Ml WM Wvd–r. Exag r. I Z CY Q6"-- ■ W WPM . . Loader EM E I IN NEI Bond No, 46BCSHS2774 KNOW ALL BY THESE PRESENTS, That we_ DRC Emergency Services, LLC , as Principal, and Hartford Fire Insurance C ompany _, of Hartford, CT authorized to do business in the State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida as Obligee, in the maximum penal sum of Five Million Dollars and 00/100- - Dollars ( $5,000,000.00 ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform services in accordance with the terms and conditions of the Notice to Proceed, Hurricane Irma: Disaster Response and Recovery Service (hereinafter referred to as the Service Contract), said Service Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Service Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Service Contract, the Bond is subject to the fallowing express conditions: 1. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the Service Contract term. 2. Regardless of the number of years this Bond is in force, the liability of the Surety shall not be cumulative and shall in no event exceed the amount set forth above, or as amended by rider. 3. Any notice, claim, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford Hartford Financial Products, 2 Park Avenue, 5th Floor New York, NY 10016 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Service Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 1st day of November 2017 DRC �mirgencv Seryices,-k L By: S -5025d (06 -06) , Principal Hartford Fire lnsu4nce Company David T. Mic!ette , Attorney -in -Fact PAYMENT BOND Bond No. 46BCSHS2774 KNOW ALL BY THESE PRESENTS, that we DRC Emergency Services, LLC , as Principal, and Hartford Fire Insurance Company Of Hartford, CT _ , authorized to do business in State of Florida , as Surety, are held and firmly bound unto Monroe County, Florida _ as Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the maximum penal sum of Five Million Dollars and 00/100 - Dollars { $5,000,0 0 0.00 ), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee perform services in accordance with the terms and conditions of the Notice to Proce Hur ricane Irma: Disaster Response and Recovery Services (hereinafter referred to as the Service Contract), said Service Contract is hereby referred to and made a parthereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect. Notwithstanding anything to the contrary in the Service Contract, the Bond is subject to the following express conditions: 1. Regardless of the number of years this Bond is in force, the liability of the Surety shall not be cumulative and shall in no event exceed the amount set forth above, or as amended by rider. 2. Any notice, claim, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any claim or request for payment must be made prior to the expiry date of this Bond. Surety Address: The Hartford Hartford Financial Products, 2 Park Ave., 5th Floor New York NY 10016 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the Service Contract term; or after the expiration of ninety (90) days after the day on which any person last supplied the labor and /or materials directly to the Principal for which the claim is made, whichever occurs first. If this limitation is void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of the suit shall be applicable. 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this 1ox ^—'—` — ' --- By: David T—Miclette Attorney-in-Fact POWER OF ATTORNEY G.3.b Direct Inquiries /Claims o: THE HARTFORD BOND, T -12 One Hartford Plaza Hartford, Connecticut 06155 Bored - Glairns{a)thehaltford.cor call: 888- 266 -3488 or fax: 860- 757 -5835 Agency Name: BOWEN MICLETTE & BRITT INS AGY LLC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46- 504605 & 61- 613558 �0. Hartford Fire Insurance Company, a corporation duty organized under the laws of the State of Connecticut L� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of Unlimited Joni Bowen Maness, Kristi Lovett, Ashley Britt, Robert C. Davis, Jennie Goonie, Rita G. Gulizo, Nikole Jeannette, Barry K. McCord, David G. Miclette, David T. Miclette, Tabitha Starkey, Susan Zapalowski of Fort Smith AR, New Orleans LA and of HOUSTON, Texas their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. qU• �.�wri.rlafre's a ti0�f _ ?�P „ r-0, y � 'Tg i ,+yr :: N h.r,hfyt.� • !••NI*F to{ Ig7� i€ I07 • 2 7971 John Gray, Assistant Secretary STATE OF CONNECTICUT S$, Hartford COUNTY OF HARTFORD �i M. Ross Fisher, Senior Vice President On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. • r11r1l� Nora M, Stranko Notary Public CERTIFICATE My Commission Expires March 31, 20 19 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 1, 201'7 Signed and sealed at the City of Hartford. � r s *� � 4 Ito fir►+ '.` lnr r,�.• , • ��rar► ! �ti, to 7 9 ty 7 p 4 �., y� ��x .. +... .. �„'' °......�° �►Cf 7440 Kevin Heckman, Assistant Vice President tt 0 U O r 0 00 P,A _'01 R Alc I DATE (MM / Y) v CERTIFICATE OF LIABILITY INSURANCE 10/31/2017 2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. NAME: 818 Town & Country Blvd, Suite 500 A/C Ext : 713- 877 -8975 A/C, No): 713- 877 -8974 Houston, TX 77024 -4549 1 E-MAIL INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Underwriters At Lloyd's, London 15792 INSURED INSURER B :United States Fire Insurance Company 21113 DRC Emergency Services, LLC P.O. Box 17017 INSURERC:Texas Mutual Insurance Company 22945 Galveston, TX 77552 INSURER D :Argonaut Insurance Company 19801 INSURER E :Crum & Forster Specialty Insurance Company 44520 INSURER F: COVERAGES CERTIFICATE NUMBER:7CWJH65L REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY B0621 EMSSL000317 05/26/2017 05/26/2018 EACH OCCURRENCE $ 1,000, CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300, MED EXP (Any one person) $ 10, PERSONAL & ADV INJURY $ 1,000, X X GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000, POLICY � PRO ❑ LOC JECT PRODUCTS - COMP /OP AGG $ 2,000, $ OTHER: B AUTOMOBILE LIABILITY 1337407101 05/26/2017 05/26/2018 COMBINED SINGLE LIMIT Ea accident $ 1,000, X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X X BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB X OCCUR 80621 EMSSL000217 05/26/2017 05/26/2018 EACH OCCURRENCE $ 5,000, X AGGREGATE $ 5,000, EXCESS LIAB CLAIMS -MADE X X FI DED RETENTION $ $ C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A X TSF0001307608 TX WC928318471754 05/26/2017 05/26/2018 X PER OTH- I STATUTE ER E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE - EA EMPLOYEE $ 1,000, If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000, E Contractors Pollution & PKC105162 05/26/2017 05/26/2018 Contractor's Pollution 1,000, Errors & Omissions Errors & Omissions $ 1,000, X X Policy Aggregate $ 2,000, DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Disaster Response and Recovery Services, Monroe County, Florida Monroe County Board of County Commissioners are included as an Additional Insured on the General Liability, Automobile Liability and Excess Liability policies. Waiver Subrogation applies in favor of Monroe County Board of County Commissioners as respects General Liability, Automobile Liability, Workers' Compensation and Excess Liability. The General Liability Policy includes a Per Project Aggregate. Coverage is primary and non - contributory as respects to General Liability, Automobile Liability an( Excess Liability policies. All as required by written contract subject to policy, terms, conditions, and exclusions. In the event of cancellation by the insurance companies policies have been endorsed to provide 30 days Notice of Cancellation (except for non - payment) to the Certificate Holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) Page 1 of 1 © 1988 -2015 ACORD CORPO The ACORD name and logo are registered marks of ACORD 6 0 C? O 4B