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R09-125 " I , 1 I 2 RESOLUTION NO. R09- I 0/5 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE RENEWAL OF "PIGGY-BACK" 7 OF A CITY OF PORT ST. LUCIE CONTRACT 8 #20070060 WITH ARBOR TREE & LAND, INC., 9 D/B/A ATL DISASTER RECOVERY OF LAKE 10 WORTH, FLORIDA, FOR EMERGENCY DEBRIS 11 COLLECTION AND REMOV AL SERVICES; 12 AUTHORIZING THE MAYOR AND CITY CLERK 13 TO EXECUTE AN AGREEMENT; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, City staff has confirmed that the City of Port St. Lucie has complied 17 with Public Contract Bid requirements which equal or exce<::d the City of Boynton 18 Beach's requirements; and 19 WHEREAS, upon recommendation of stan; it is the City's desire to renew its 20 "piggy-back" of a City of Port St. Lucie Contract #20070060 and authorizes the Mayor 21 and City Clerk to sign a Contract with Arbor Tree & Land, Inc., d/b/a A TL Disaster 22 Recovery, of Lake Worth, Florida for emergency debris collection and removal services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approv<::s the renewal of its "piggy-back" of a City of Port St. Lucie Contract #20070060 30 and authorizes the Mayor and City Clerk to sign a Contract with Arbor Tree & Land, Inc., 31 dlb/a A TL Disaster Recovery, of Lake Worth, Florida for emergency debris collection and c. Documents and St'uings\PrainitoJ\LocaJ ScUingsdemporar.v Interne:t Files\OLK l04\Piggy-Back PSL - A TLdoc H I 1 dlb/a A TL Disaster Recovery, of Lake Worth, Florida for emergency debris collection and 2 removal services, a copy of the Agreement is attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED this I day of September, 2009. 5 6 7 8 9 10 11 12 ;Zor~woodro~ 13 14 ---,~:P/ 15 Commissioner - Ronald Weiland 16 -- 17 18 Commissio Rod~ez 19 ~_.')-<' //h- ...~ 20 21 Commissioner. Marlene Ross 22 23 ATTEST: 24 25 26 27 28 29 30 31 (Corporate Seal) 32 S:\CA \RESO\Agreements\Bid Awards\Piggy-Back PSL - A TL.doc RD'f-1a5" RENEWAL CONTRACT FOR EMERGENCY DEBRIS MANAGEMENT AND RECOVERY SERVICES This Agreement is made as of this ~ day of ~' 2009 by and between ARBOR TREE & LAND, INC., D/B/A ATL DISASTER RECO ERY, ofLake Worth, Florida, a Florida Corporation, with offices at 5796 Western Way, Lake Worth, Florida 33463 ("ATL"), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, during times of hurricane/disaster and/or emergency situations, the City may have the need for emergency disaster recovery; and WHEREAS, on September 18, 2007 the City Commission approved a piggy-back of a bid through the City of Port St. Lucie with Arbor Tree & Land, Inc. (contract #20070060, for various services that may be needed for disaster recovery which was let by the City of Port St. Lucie following equivalent contract letting procedures as are required by the City of Boynton Beach Purchasing Policies, and WHEREAS, the City of Port St. Lucie has exercised its option to renew its Contract with A TL for a period of two (2) years; and WHEREAS, Arbor Tree & Land, Inc., d/b/a A TL Disaster Recovery, submitted a proposal dated July 8, 2009 to the City for the renewal of its contract with the City of Boynton Beach at prices based on Port St. Lucie Contract #20070060); and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Arbor Tree & Land, Inc., d/b/a ATL Disaster Recovery, agree that A TL shall provide emergency debris collection and removal services pursuant to ATL's proposal dated July 8, 2009 and incorporating the terms and conditions for performance as set forth in Port St. Lucie Contract #20070060, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of Port St. Lucie shall be deemed as references to the City of Boynton Beach. Page I S:\CA\AtiMTS\Piggyback (PSL - ATLl,doc B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 I Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 I Facsimile: (954) 771-4923 C. The proposal from A TL dated July 8, 2009, is attached hereto Exhibit "B". Section 3. In the event that the City of Port St. Lucie Contract is amended, or terminated, ATL shall notify the City within ten (10) days. In the event the City of Port St. Lucie Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The A TL agrees that in the event it enters into an Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Port St. Lucie Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~ Page 2 S:\CAIAGMTS\Piggyback (PSL - ATL).doc S TO FORM: Office ARBOR TREE & LAND, INC., D/B/A ATL DISASTER RECOVERY WITNESSES: L I BY: '\j~\\~\\, \\\0> ~l\~~ / Print Name: ~ Title: '\l" "'~ \ V\,y AITE~TJt 4 ;( SECREt,;' - y~ ~ Page 3 S"\CA\AGMTS\Piggyback (PSL ~ ATL).doc EXHIBIT A AGREEMENT BETWEEN CITY OF PORT ST. LUCIE AND ARBOR TREE & LAND, INC., D/B/A ATL DISASTER RECOVERY, Page 4 S:\CA\AGMTS\Piggyback (PSL - ATL),doc CITY OF PORT ST. LUCIE CITY CLERK'S OFFICE . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES LETTER OF TRANSMITTAL .I~ 10 fit.., .....,; DATE: JULY 6, 2009 TO: ARBOR TREE & LAND, INe. P.O. BOX 1387 BOYNTON BEACH, FL 33425 FROM: CITY CLERK'S OFFICE CITY OF PORT S1' LUCIE 121 SW PORT S1' LUCIE BLVD. PORT ST. LUCIE, FL 34984 RE: CONTRACT #20070060/RENEW AL # I EMERGENCY DEBRIS COLLECTION & REMOVAL SERVICES PLEASE FIND ENCLOSED: ~ FULLY EXECUTED ORIGINAL CONTRACT FOR YOUR FILE. --.-- FULL Y EXECUTED COPY OF THE CONTRACT FOR YOUR FILE. OTHER: SINCERELY, ~ A~CIUS CITY CLERK'S OFFICE '/JI. f-Yfil(;t T '( 121 S W. Port St Lucie Blvd. . Port St. Lucie. FL 34984-5099 . 772/871.5157 . Fax 772/344-4094 . TOO # 772/873-6340 Attachment June 18, 2009 Mr. William Hodges Arbor Tree & Land D/B/A ATL Disaster Recovery P.O. Box 1387 Boynton Beach, Fl. 33425 Subject: Contract #20070060 - Emergency Debris Collection & Removal Services Dear Mr. Mr. Hodges: Enclosed please find the renewal documents for the above Contract. All unit prices remain unchanged for the renewal period. Enclosed are two (2) original Renewal forms. Both originals must be signed and returned as soon as possible. All signatures must be notarized in the space provided. Please send the Certificate(s) ofInsurance as required by the contract via Fax to (517) 647-7900, or E-Mail to m1~Q...nly;arer.h:ulum.com, or US Postal Service to: Certificate Holder: City of Port St. Lucie c/o Periculum Services Group PO Box 257, Ref # 90-202987-20070060-0-0 Portland, MI48875-0257 Payment and Performance Bonds should be sent by August 15, 2009 in the amount of $] ,000,000.00 to include the appropriate dates identified in the Contract for the renewal. Please note that no work can commence until the required Insurance and Bonds are received. The Contracts will be executed by the City Manager, at which time one original will be returned for your files. We look forward to working with your firm. Please do not hesitate to contact this office for any additional assistance you may require. Sincerely, ~~t~)J~;d~~~~ Return Documents to: I Ms. Robyn Holder, Contract Specialist City of Port St. Lucie, Office of Management & Budget Office of Management & Budget 121 SW Port SI. Lucie Blvd. Port St. Lucie, FI. 34984 enclosures: 2 original change orders 121 SW Port St. Lucie Blvd.' Port 51. Lucie, Florida 34984-5099 Phone (7721 871-5223' Fax (772) 871-7337 CONTRACT RENEWAL FORM Date: June 18, 2009 Contract # 20070060 Contract Title: Emergency Debris Collection & Removal Services Contractor's Name: Arbor Tree & Land, InC, d/b/a A TL Disaster Recovery Current Expiration: 08/3112009 Revised Expiration: 08/3112011 The above contract is hereby extended pursuant to Section XX until the date indicated above. All other terms and conditions of the original contract and/or Addenda are unchanged. This Contract Extension is contingent I upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is I not forthcoming, the City may terminate this Contract Extension and that no charges, penalties or other costs I shall be assessed. As a result of the Contractor's acceptance to provide the "Renewal Option" as specified in the original contract, 1 the following modifications to the original contract will become effcctivc September 1,2009. 'I 1. The contract is extended to include the period September 1,2009 through August 31, 2011. 2. Prices applicable to the above period remain unchanged. 3 The Contractor shall furnish an acceptable Payment & Performance Bond complying with statutory requirements set forth in Section 255.05, Florida Statutes, in the amount of $1,000,000.00. The Payment & Performance Bond shall remain in effect for the full term of the Contract. 4. All other terms and conditions of the original contract and/or Addenda apply BALANCE OF PA GE INTENTIONALLY LEFT BLANK Contract #20070060 Renewal # 1 Page 1 of2 IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie Florida, the day and year first above written. CITY OF PORT ST. LUCIE FLORIDA By: ~i g~__ City Manager, DONAL B. COOPER AITEST: By ~4{d/J;dF , '\. ._~CltYC1, KAREN A. ILLIPS , By: A~Of Arbor Tree & Land, Inc. d/b/a ATL Disaster Recovery I I i I State of: TLO(Z.I\)A , I Count)' of ()AiJAA E)(.f\a1, . Before me personally appeared: WILL-lAM rW~E:S (please print) Please check one: Personally known X Produced Identification: (type of identification) Identification No. Iknown to me to be the person described in and who executed the foregoing instrument, and acknowledged to ! and before me that tiE:' executed said instrument for the purposes therein expressed. (he/she) 1C al seal, this ~ day of --J J~ , 2009. '( Notary Pub!Jc-State of M<<..i ~- at Large ,My Commission Expires J2Q '52410l.. Contract #20070060 Renewal #l Page 2 0[2 , ~-- . - . ,. . . i f\_ ", i 1 , '. , .. . . . . . LETTER OF TRANSMITTAL SIC? 1 '3 \\EC~ DATE: SEPTEMBER 13,2007 TO: ARBOR TREE & LAND. INC P.O. BOX 1387 BOYNTON BEACH. FL 33425 FROM: CITY CLERK'S OFFICE CITY OF PORT ST LUCIE 121 SW PORT ST. LUCIE BL VD. PORT ST. LUCIE. FL 34')84 RF: CONTRACT #20070060 EMERGENCY DEBRIS COLLECTIO:\ & REMOVAL SERVrCES PLEASE HND ENCLOSED: -.-1L. FULL Y EXECUTED ORIGINAL CONTRACT FOR YOUR FILE. - FULL Y EXECUTED COPY OF THE CO:\TRACT FOR YOUR FlLE. -- OTHER: SINCEREL Y~ Mm~ AP~US CITY CLERK'S ornCE , , . CITY OF PORT SAINT LUCIE CONTR,4.CT FOR'\1 This CONTRACT, executed this 1m day of ,& ~ hvt ,;2007, by and between the CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation. duly organizcd under the laws of the State of Florida, hereinafter called "City" party of the first part, and ARBOR TREE & LAND, INC. DIBJA A TL DISASTER RECOVERY - The Primary Contractor, PO Box 1387, Boynton Beach, Florida 33425 J 5796 Western Way, Lake Worth, Florida 33463, Telephone No. (561), 965-2198 Fax "'0. (561) 561-965-9777, hereinafter called "Contractor", pany of the second part. RECITALS In consideration of the below agreements and covenants set forth herein, the panies agree as follows: CONTRACT SUPERVISOR As used herein the Contract supervisor shall mean Larry 'ladeau, Public Works Department, at (772) 871-5104, or his designee. SECTION I DESCRIPTION OF SERVICES TO BE PROVIDED The specific work that the Contractor has agreed to perfonn pursuant to the Bid Specifications #20070060 Emergency Dcbris Collection & Removal Services, are hereby incorporated by this reference. SECTION II TIME OF PERFORMANCE Contract period shall commence on September I, 2007 and tenninate twenty-four (24) munths thereafter on August 31, 2009. In the event all work required in the bid specifications has not been completed by the specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work specified in the bId specifications has been rendered. SECTION III COMPENSATION The total amount to be paid by the City to the Contractor is on a unit price basis in accordance with "Schedule A" Fee Schedule. which is attached hereto and incorporated by reference as part ofthis Contract. Payments will be made within thirty (30) days of receipt of Contractor's invoice provlded the Contract Supervisor approves invoice as provided in Section XI. A 5% Rctainage will be held on each pay application until the end of the project. The 5% Retamage will be released by the City to the Contractor within 30 days after the City's final acceptance ofthe project, including ticket reconciliation. The Contractor shan not be paid additional compensation for any loss, or damage, arising out ofthe nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the performance of the work, or for any expenses incurred by or in consequence of the suspension or discontinuance of the work. Page 1 of 13 Contract #20070060 lnvoices for services shall be submitted once a month, by the 10th of the month, and payments shall be made within thirty (30) days unless contractor has chosen to take advantage of the Purchasing Card Program, which guarantees payment within several days. Payments shan be made provided the submitted invoice is accompanied by adequate supporting documentation and approved by Contract Supervisor as provided in Section XI. No payment for projects involving improvements to real property shall be due until Contractor dclivers to the City a complete release of all claims arising out of the contract or receipts in full in licu thereof, an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien could be filed and complete releases ofJiens from all sub-contractors used. All invoices and correspondence relative to this contract must contain the Purchase Order number and contract number. SECTION IV CONFORMANCE WITH BID It is understood that the materials and/or work required herein are in accordance with the bid made by the Contractor pursuant to the Invitation to Bid and the SpecificatIOns on file in the Office of Management and Budget ofthe City. All documents submitted by the Contractor in relation to said proposal, and all documents promulgated by the City for inviting proposals are. by reference, made a part hereof as if set forth herein in full. SECTIOl\' V INDEMNIFICATION/INSURANCE The Contractor shall indemnify and hold harmless the City, and its Officers and their employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct ofthe design professional/Contractor and all persons employed or utilized by the Contractor in the performance of the Contract. As consideration for this indemnity provision the Contractor shall be paid the sum ofSIO.OO (ten dollars), which will be added to the Contract price and paid prior to commencement of work. The Contractor shall, on a primary basis and at its sole expense, agree to maintain in full forcc and effect at all times during the life of this Contract, insurance coverage. limits, including endorsements, as described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract Thc Contractor shall agree to maintain Workers' Compensation lnsurance & Employers' Liability in accordance with Chapter 440, Florida Statutes Contractor shall agrcc to maintain Business Automobile Liability at a limIt ofliabi]jty not less than $500,000 each occurrence for any auto, owned, non-owned and hired automobiles. In the event the Contractor does not own any automobiles the Business Auto Liability requirement shall be amended allowing Contractor to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Commercial General Liability for public liability during the lifetime of this Contract shall have minimum limits of $1 ,000,000 per claim, $2,000,000 per occurrence for Personal Injury. Bodily Injury, and Property Damage Liability. Coverage shall include Premises andlor Operations. Independent Contractors, Products and/or Complete Operations, Contractual LIability and Broad Form Property Damage Endorsements. Covcrage Page 2 of 13 Contract #20070060 shall not wntain an exclusion or limitation endorsement for Contractual Liability or Cross Liability. Coveragc for the hazards of explosion, collapse and underground property damage (XCDI must also be included when applicable to the work to be performed. All insurance policies shall be issued from a company or companies duly licensed by the State of Florida. All policies shall be on an occurrence-made basis; the City shall not accept clarms-made policies. Specific endorsements will be requested depending upon the type and scope of work to be performed. Except as to Workers' Compensation and Employers' Liability. said Certificatc(s) and policies shall clearly state that coverage required by the Contract has been endorsed to includc the City of Port St. Lucie, a political subdivision of the State of Florida, its officers. agents and employees as Additional Insured with a CG i 2026-Designated Person or Organization endorsement, or similar endorsement. to its Commercial General Liability. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port St. Lucie, political subdivision of the State of Florida, its officers. employees and agents, and Contract #20070060. The Certificate oflnsurance and policy shall unequivocally provide thirty- (30) days written notice to the City prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Said liability insurance must be acceptable by and approved by the City as to form and types of coverage. In the event that thc statutory liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall be required, upon thirty - (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit ofliability ofthe City. Contractor shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such an Contract on a pre-loss basis. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same insurance requirements referenced above. All deductible amounts shall be paid for and be the responsibility of the Contractor for any and all claims under this Contract. Contractor may satisfy the minimum limits required above for either Commercial General Liability. Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the hlghest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. When required by the insurer, or when Umbrella or Excess Liability is written on 'Non-Follow Form," the City shall be endorsed as an "Additional Insured." The City, by and through its Risk Management Department, re,erves the nght, but not the obligation, to review and reject any insurcr providing coverage. Performance and Payment Bonds The Contractor shall furnish an acceptable Performance and Payment Bond complying with the ~tatutory requirements set forth in Chapter 255.05. Law of Florida, in the amount of $1 ,000,000.00. The City will execute the Contract, it is agreed and understood that the City will not be bound by thc Contract unless and until it has been duly authorized by the City Council and has been executed by the City Manager. A fully authorized Page 3 of 13 Contract #20070060 Surety, licensed by th~ State of Florida shall execute the Performancc and Payment Bond. The Performance and Payment Bond shall remain in effect for the full term of the Contract including al1 renewal optlDns. The failure on the pan of the Contractor to execute the Contract and/or punctual1y deliver the required Insurance Certificates and other documentation will be cause for the annulment of the award. SECTION VI PROHIBITIOJ\ AGAINST FILING OR MAINTAINING LIENS AND SUITS Subject to the laws of the State of Florida and of the United States, neither Contractor nor any Subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials delivered in the performance of this Contract against the City. The right to maintain such lien for any or all of the above parties is hereby expressly waived. SECTION VII WORK CHANGES The City reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Contract, and agrees to make corresponding adjustments in the Contract price and time for completion. Any and all changes must be authorized by a written change order signed by the Director of OMB or his designee as representing the City. Work shal1 be changed and the Contract price and completion time shall be modified only as set out in the written change order. .i-\ny adjustment in the Contract price resulting in a credit or a charge to the City shall he determined by mutual agreement of the parties. SECTION VIII COMPLIANCE \VITH LAWS The Contractor shall give all notices required by and shall otherwise comply with all applicable laws, ordinances and codes and shall, at his own expense, secure and pay the fees and charges for all permits required for the performance of the Contract. All materials furnished and work done are to comply with all local, state and federal laws and regulations. SECTION IX CLEANING UP Contractor shall, during the performance of this Contract. remove and properly dispose of resulting dirt and debris, and keep the work area reasonably clear. On completion of the work, Contractor shall remove all Contractors' equipment and all excess materials, and put the work area in a neat, clean and sanitary condition. SECTION X NOTICE OF PERFORMANCE When required materials have been delivered and required work performed Contractor shall submit a request for inspectionl11 writing to the Contract Supervisor. SECTION XI INSPECTION AND CORRECTION OF DEFECTS In order to determine whether the required material has been delivered or the required work performed in accordance with the terms and conditions of the Contract documents, the Contract Supcrvisor shall make Page 4 of 13 Contract #20070060 I inspection as soon as practicable after receipt from the Contractor of a Notice of Performance or delivery ticket. If such inspection shows that the required material has been delivered and required work performed in accordance with tenus and conditions of the Contract documents and that the material and work IS entirely satisfactory, the Contract Supcrvisor shall approve the invoice when it is received. Thereafter the Contractor shall be entitled to payment, as described in Section IlL If, on such inspection the Contract Supervisor is not satisfied, he shall as promptly as practicable inform the parties hereto of the specific respects in which his findings are not favorable. Contractor shall then be afforded an opportUnity if desired by him, to correct the deficiencies so pointed out at no additional charge to the City, and otherwise on terms and conditions specified by the Contract Supervisor. Such examination. inspection, or tests made hy the Contract Supervisor, shall not relieve Contractor of its responsibility to remedy any deviation, deficiency, or defect. SECTION XII ADDITIONAL REQUIREMENTS In the event of any conflict between the terms and conditions, appearing on any purchase order issued relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the tenns ofthis Contract and Specifications herein referenced shall rule. Iftherc is a conflict between the Contract and specifications, the Contract will rule. SECTION XIII LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws. Contractor warrants that his license and certificates are current and will be maintained throughout the duraiion of the Contract. SECTION XIV SAFETY PRECAUTIONS Precaution shall be exercised at all times for the protection of persons, including employees. and property. The safety provisions of all applicable laws and building and construction codes shall be ohserved, SECTION XV ASSIGNMENT Contractor shall not delegate, assign or subcontract any part of the work under this Contract or assign any monies due him hereunder without first obtaining the written consent of the City. SECTION },.'VI TERMINATION, DELAYS AND LIQUIDATED DAMAGES A. Termination of Contract. jf the Contractor rd'uses or fails to deliver material as required andior prosecute the work with such diligence as wilI insure iis completlOo within the 1Ime specified in this Contract, or as modified as provided in this Contract or as extended pursuant to section XX of this Contract, the City by written notice to the Contractor, may terminate Contractor's rights to proceed. Upon such termination, the City may take ovcr the work and prosecute the same to completion, by Contract or otherwise, and the Contractor and his sureties shalI be liable to the City for any additional cost incurred by it in its completion of the work. The City may also in event of termination obtain undelivered materials, by Contract or otherwise, and the Contractor and his sureties shall be liable to the City for any additional cost incurred for such material. Contractor and his sureiies shall also be liable to the City for liquidated damages for any delay in the completion of the work as provided below. If the Contractor's right to proceed is so tenninated, the City may take possession of and Page 5 of 13 Contract #20070060 utilize in completing the work such materials, tools, equipment and facilities as may be on the site of the work and necessary therefore. I B. Liquidated Damages for Delays. If material is not provided or work is not completed within the time I stipulated in this Contract, including any extensions of time for excusable delays as herein provided, (it being impossible to determine the actual damages occasioned by the delay) the Contractor shall provide to the City I one thousand dollars ($1,000.00) as fixed, agreed and liquidated damages for each calendar day of delay until the work is completed. The Contractor and his surcties shall be jointly and severally liable to the City for the amount thereof. C. Excusable Delays. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in thc complction of the work or delivery of materials due to: (I) any acts ofthe Federal Government, including controls or restrictions or requisitioning of materials, equipment, tools or labor by reason of war, national defense or any other national emergency, (2) any adverse acts of the City, (3) causes not reasonably foreseeable by the parties at the time of the execution of the Contract that are beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of another Contractor in the perfornlance of some other Contract with the City. fires. floods, epidemics, quarantine, restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes. tornadoes, cyclones and other extreme weather conditions, and (4) any delay of any Subcontractor occasioned by any of the above mentioned causes. However, the Contractor must promptly notify the City in writing within two (2) days of the cause of delay. lf, on the basis of the facts and the terms of this Contract, the delay is properly excusable the City shall extend the time for completing the work for a period of time commensurate WIth the period of excusable delay. D. The City may tenninate this Contract with or without cause by giving the vendor/Contractor thirty (30) days notice in writing. Upon delivery of said notice and upon expiration of the thirty (30) day perIod, the vendor/Contractor shall discontinue all services in connection with the performance of this Contract and shall proceed to cancel promptly all related existing third party Contracts. Tennination of the Contract by the City pursuant to this paragraph shall terminate all of the City's obligations hereunder und no charges, penalties or other costs shall be due Contractor except for work timely completed. SECTION }I.-VII LAW AND VENUE This Contract is to be construed as though made in and to be performed in the State ofFiorida and is to be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken to enforce thIS Contract shall be in 51. Lucie County, Florida. SECTION )(VIII REIMBURSEMENT FOR INSPECTION Thc Contractor agrees to reimburse the City for any expenditures incurred by the City In the process of testing materials supplied by the Contractor against the specifications under which said materials were procured, if said materials provc to be defective, improperly applied, and/or in other manners not in compliance with specifIcations. Expenditures as dcfmed herein shall include, but not be limited to, the replacement value of materials destroyed in testing, the cost paid by thc Cit)' to testing laboratories and other entities utilized to provide tests. and the value of labor and materials expended by the City in the process of conducting the testing. Reimbursement of charges as specifIed herein shall not rclicvc the Contractor from other remedies provided in the Contract. Page 6 of 1 3 Contract #20070060 SECTION XIX APPROPRlATIOl\ APPROVAL The Contractor acknowledges that the City of Port Saint Lucie's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges, penalties or other costs shall be assessed. SECTION XX RENEWAL OPTION In the event Contractor offers in writing, prior to the termination of this Contract, to provide the identical services required in this Contract for the identical period of time in the subsequent calendar period for a total charge that is acceptable, and the City agrees that said serviccs arc required, then the City, without additional bidding or negotiation, may, with the mutual agreement of the Contractor, extend this Contract for two (2) additional twenty-four (24) month periods. NOTE: Contractor mal' exercise the ootion to renew bl' submittinl! a written submission three (3) months orior to the termination of the Contract oeriod, SECTION XXI ENTIRE CONTRACT The writtcn terms and provisions of this Contract shiill supersede all prior verbal statements of any official or other representative of the City. Such statements shall not be effective or be construed as entering into, or fonning a part of, or altering in any manner whatsoever, this Contract or Contract documents. BALANCE OF PAGE INTENTION ALL Y LEFT BLANK Page 7 of 13 Contract #20070060 IN WITNESS \\'HEREOF. the parties have executed tills Contract at Port St. Lucie, Florida, the day and year first above written. CITY OF BORT ST. WCIE FLORIDA , ,( I ' . By: ,I I I j,. I . ..../... r.,- DONAI,D 13. COOPER, City Manager ATTEST: ." __ B -". " /;j y: ,'/.J.-:~'-~ / ~..~L/.' KAREN A. PHILLIPS ,City Cle By ~.~~ . Authorized Representative of Arhor Tree & Land, Inc. D!BI A A TL Disaster Recovery State of: .. .. . County of: ,:'~' .. ~ ,J Before me personally appeared:"'" ~. __ ' .,. '. I (please print) Please check one: Personally known ' Produced Identification: (type of identification) Identification No. and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that ~.~ executed said instrument for the purposes therein expressed. (he! she) WITNESS my hand and pfficial seal. this davof" , 2007. ...-----. ~ , \ ." - , : '--- f ...--1-\ -" --- ~\\"UIJ"'lttl S. ' ,\"' 'II. Notary 19nature "", ",.o&ERTO... "~ ~ ........ o,_~ ~ ..~~:.. ~.~ '" ..'t"'.~ii""~"" Notary Public-State of '/. . , at Large. !*;' ~ .,,~... '1' 'i _... o' = ;; .. .1 .... : ;; " ,. ".~"~b. . * ~ My Commission Expires / \ ~ '.,., '""""'6 ~/ j 0;. :\,."", .;(." ~ ~ ~ "0 _. o"ttftj ~ ~ ~ ...... W" ~ ~III . $tui~ ~ ~",,, "IIIHlIi"i"\\\\'''' Page 8 of 13 Contract #20070060 "SCHEDULE An Item No Descri~tion Unit of Measure Unit Cost :, ,...,;.:4;.,;., "''':;;~~-' ,;,""ji",;;:.~i; ~ ',~ ,'''''''w''" ,,\ ~,itt:.\,~:,\ ~~ttf DEBRIS REMOVAL (LOAD & HAUL)',;ff'~~W.1jW1!~'i,i,~ >;::(;'LtIi~'j~::.1f8;::;~;':::j':':'1;9:;,f,~:'."?t~:$;:' ."t,1'11r,':,. ,..:~\ ,"~._.~\~~ ,:,/,,:.,::,;\ "-::",::~" ",;~"'<'''''''' 6.1 Removal of Vegetative Debris from assigned load site to i,~~':i:;ii~liJti~~!~i~~"1 TDSR Including sorting, hauling, etc. Debris Includes tree, ~r'~1j-?~i~~~~h'$~.r,}:~';;"::":::\1~~f':r,~~~~i"\ ',) 11mb and stump removal & disposal. ;;:;1::^t'J~t'~~~}td~~~~~~;;h :!1l',,:;:'s1ti;1~ a. Mileage Radius: o - 15 miles Cu. Yd. $10.65 b. Mileage Radius: 16 - 30 miles Cu. Yd. $12.65 Miieage Radius 31 - 60 miles Cu. Removal of All Oualified Debris from assigned load site to the final disposal site. The removal shall include handling. loadmg and hauling excluding ....:c.~.~,. tipping fees. -,..,.. ,.,,,c...... d. Mileage Radius: 0- 15 miles $42.60 e. Mileage Radius: 16 - 30 miles $50.60 f. Mileage Radius: 31 - 60 miies Removal of Construction & Demolition Debris and White 6.2 Metal DebriS from assigned load site to TDSR or other approved dis~osal site Including sorting, ioading, hauling, etc. a. Mileage Radius: 0-15 miies Cu. Yd $11.00 b. Mileage Radius: 16 - 30 miles Cu. Yd $13.00 c. Mileage Radius: 31 - 60 miies Cu. Yd. $15.00 Removal of Hazardous Waste Debris from Curbside at 6.3 assigned load site to TDSR including, sorting, hauling. etc. I. a. Mileage Radius 0- 15 miles Cu. Yd. $20.00 b. Miieage Radius: 16 - 30 mlies Cu. Yd. $22.00 c. Mileage Radius: 31 - 60 miles Cu. Yd. 6.4 Removal of Silt & Sand Deposits from assigned load site to TDSR including sorting, loading, hauling, etc. a. Mileage Radius: 0-15 miles Cu. Yd. $20.00 b. Mileage Radius: 16 - 30 miles Cu. Yd. $22.00 c. Mileage Radius 31 - 60 miles Cu. Yd $24.00 Spoiled Food & Non-Hazardous Waste Removal and 6.5 Disposal - The removal shall include sorting, hauling, loading. handling, staging and hauling to the final disposal site. Ton $160.00 Hazardous Waste Debris Removal From Structures - Search safely accessible residential structures. including garages and detached outbuildings for hazardous waste 6.6 debris for removal. At a minimum the removai shall include, sorting, handling, loading, staging and placing the debris on public ROW for removal and disposal by other Sq Ft. of Floor pay Items in the pro~osal. Space $1.00 Page9of13 Contract #20070060 Pnvate and Public Property Demolition and Debris Removal- The Contractor shall operate beyond the Public Right 01 Way (ROW) only as Identified and directed by the City. Operations beyond the ROWan private 6.7 property shall be only as necessary to abate imminent and significant threats to public health and safety of the community and shall inciude, but is not limited to, the demolition of structures and the sorting, loading, and hauling of the debris 10 an approved TDSR Site. Cu. Yd $12.00 Removal of Unsafe Debris from Within Private or Public Structures. The Contractor shall operate within public or private structures only as Identified and directed by the City. Operations beyond the ROWan private property 6.8 shall be only as necessary to abate Imminent and significanllhreats to public health and safety of the community and shall inClude, but is not limited to, removing, sorting, loading, and placing the debriS on public ROW for removal and disposal by other pay items Sq. Ft. of Floor in the proposal. Space $1.00 Site Development Proposal. Prepare a detailed proposal A separate Notice to Proceed 6.8a for the Site Development based on Contract unit prices at will be Issued for the Site the time of disaster for selected site(sl. Optional Proposals: 6,9 River and Canal Shore Line Restoration PrOVide Detailed Proposal 6.10 River and Canal Debris Removal Provide Detailed Proposal 6.11 Sunken Vessel Removal Provide Detailed Proposal Storm Drain Vacuum Services. Manholes f Vaults / 6.12 Structures Each $175.00 Storm Drain Vacuum Services - Grate cleaning manually 6.13 (by hand) Each $100.00 6.14 Storm Drain Inspection Services - Manholes or Grates pulled but nol cleaned Each $75.00 6.15 Storm drain vacuum services. Grate cleaning mechanically Each $100.00 -'.i!tlf'J::. ;'~;0i:::i';~1,:'i!' \;:.. ,},; ""'j'-,:'i)~:',,~;:~~:\f~~~~ ~~,~)~,,":;:/-,),. TDSR SITE MANAGEMENT Management, Processing, Reducing and Loading of all debris and/or residue at the TDSR sites: including; 7.1 management, maintenance and operation of the TDSR sites; the receiving, sorting, segregation, processing and reduction debris, loading (as described In other sections of tnis contract and directed by the City) $4.50 Final haul out of processed and/or reduced deb"s from ,. c7':~,;~;.,,' ,,-,. "'-' 72 the TDSR site to an approved disposal site Inclusive of all tipping fees. a. Mileage Radius. 0.15 miles Cu. Yd. $5.00 b. Mileage Radius: 16.30 miles Cu. Yd. $6.50 c. Mileage Radius: 31 - 60 miles Cu. Yd. $7.50 d. Mileage RadiUS. 61 .90 miles Cu. Yd. $8.00 Final haul out of processed and/or reduced debris from 7.3 the TDSR site to an approved disposal site inclusive of all tipping fees. a. Mileage Radius: 0-15 miles Per Ton $15.50 b. Mileage Radius: 16.30 miles Per Ton $19.50 c. Mileage Radius: 31 .60 miles Per Ton $22.50 d Mileage Radius: 61 - 90 miles Per Ton $24.00 Page 10 of 13 Contract #20070060 Freon Recovery - The Contractor shall remove, recover 8nd properly dispose of Freon from any White Metal Debris, such as refrigerators, freezers or air conditioners, at curbside or a TDSR site or final disposal site in 7.4 accordance with all federal, state and local rules, regulations and laws. The Contractor shall load and haul all White Metal Debris to a TDSR site or final disposal site. The Contractor must have all required license and certifications to perform work. Unit $60.00 ., ;.~~i!;t!ftl!:\~~mj);;L~'1'~!i-~'i~i)j:j.''"2},':' ,C: \,'ft;,.\:jlt')~i;}~i~Y~,~~~J,~~;~~g~l~;ll! "'~"'''~.'.Y'''''''''''!It~ /'.,^,',.;. OTHER DISASTER RELATED SERVICES ;;,,> '-'" ,..,~~>"'~,r-~~';;',..,_,_. ",:;it;'\~tt~.A'i-"r..e, ;_ 8.0 Heavy Equipment with Size or Type ~:,::;.~:;~~;'~~:;~'it.~T:}~:~~;:;i~4!.ifjt{~it~,.l;\~', Skid Steer Loader / Bobcat or Equal Hour $75.00 Backhoe / Cat 416 or Equal Hour $100.00 Wheel Loaders / Cat 950 or Equal Hour $130.00 Wheel Loaders I Cat 966 or Equal Hour $140.00 Wheel Loaders I Cat 980 or Equal Hour $160.00 Tracked Loader I Cat 955 or Equal Hour $160.00 Towed Loader wlTractor / Prentice 210 or Equal Hour $150.00 Self Loading Knuckle boom Truck /25-35 CY Body or Hour Equal $140.00 Self Loading Knuckle boom Truck /35-45 Cy or Equal Hour $160.00 Dozer / Cat 04 or Equal Hour $80.00 Dozer / Cat D5 or Equal Hour $120.00 Dozer / Cat D6 or Equal Hour $15000 Dozer / Cat D7 or Equal Hour $160.00 Dozer I Cat 08 or Equal Hour $170.00 Excavators / Cat 320 or Equal Hour $130.00 Excavators 1 Cat 325 or Equal Hour $14000 Excavators / Cat 330 or Equal Hour $160.00 Tractor wi Box Blade i 80 Hp or Equal Hour $70.00 Motor Grader! Cat 120G or Equal Hour $100.00 Crane 1 30 Ton or Equal Hour $130.00 Bucket Truck 1 Up to 50ft Reach or Equal Hour $95.00 BucketTruck i 50ft. To 75ft. or Equal Hour $125.00 Trash Transfer Trailer wi Tractor I 11 D Yd. or Equal Hour $12500 Mechanized Broom I Street Sweeper Hour $55.00 Water Truck 12000 gal. Dr Equal Hour $6000 Stump Grinder I Vermeer 252 or Equai Hour $20000 Chipper w/2 man crew! Morbark Storm or Equal Hour $20000 12 foot Tub Grinder" Morbark 1200 or Equal Hour $375.00 13 foot Tub Grinder I 1I,10rbark 1300 or Equal Hour $425.00 14 foot Tub Grinder I Diamond Z 1463 or Equai Hour $525.00 Equipment Transport I 50-ton Capacity or Equal Hour $150.00 Truck Mounted Winch I Tow Truck Dr Equal Hour $50.00 Haul Vehicles (operalors included) Dump Truck! 10 to 15 CY Hour $4500 Dump Truck 116 to 20 CY Hour $63.0D Traiier Dump wi Tractor 1 30 to 40 CY HDur $72.00 Trailer Dump wi Tractor i 41 to 50 CY Hour S90.00 Trailer Dump w/ Tractor I 51 to 60 CY Hour $92.00 Trailer Dump wi TractDr 161 to 70 CY Hour $110.00 Walking Floor Trailer wi Tractor 1100 CY Hour $130.00 ..... Transportation Vehicles ~~~;'.;;,.., J;,.,. ., -"!'~ Pickup Truck /1/2-ton Day 8200.00 Page 11 of 13 Contract #20070060 . Pickup Truck / 3/4-ton Day $225.00 Pickup Truck /Hon Day $235.00 Box Truck / 3/4-ton Day 5235.00 Utility Van I 3/4-ton Day $230.00 Passenger Van /g Passenger Day $230.00 Passenger Car i Full Size Day $250.00 Personnel ~,~:~l~w&~j,~J~1.~'~':=~';~t~~~~i~~~i Superintendent wi Pickup Truck Hour $55.00 Supervisor wi Pickup Truck Hour $60.00 Safety or QC Manager wi Pickup Truck Hour $60.00 Mechanic wi Truck and Tools Hour $150.00 Climber w/ Gear Hour $100.00 Operator wi Chainsaw Hour $50.00 Laborer wi Tools Hour $40.00 Traffic Control Personnel Hour $40.00 Ticket Writers Hour $4500 Clerical Hour $35.00 Administrative Assistant Hour $45 00 Generators i~~~~fi~~:~'~;i~i~~~~,; 25 kW or equal Hour/Day $270.00 56 kW or equal Hour/Day $398.00 100 kW or equal Hour/Day $50000 175 kW or equal Hour/Day $773.00 320 kW or equal Hour/Day $1,100.00 500 kW or equal HourlDay $1,486.00 800 kW or equal Hour/Day $2,57800 Marine Resources 56' Shallow Draft Landing Craft wi Crane or equal I Day Crew of 2 $5,000.00 33' Fast Barge wi Winch or equal I Crew of 2 Day $4,000.00 14' Utility Boat w/ Motor or equal I Crew of 1 Day $400.00 Tank Diver w/ Gear I Individual Hour $125.00 Hardhat Diver wi Gear I Individual Hour $225.00 Scuba Bottle Refill (air) I 80 Each $15.00 Air Pum~ wi Multi Breathing Lines / Brownie Lun" or Day Equal $350.00 ,x;;: Misc. Equipment & Services Bagged Ice I 50 Lbs $0.25 Bagged Ice I 100 Lbs $0.20 Bottled Water I Palletized Truck Load Gal $3.00 Bulk Water I Tanker Gal $1.00 Water Tanker for Bulk Water I Tanker Day $600.00 Temporary Satellite Communications / Portabie Unit Telephones Cost + 20% Portable Toilets I Single Week Cost + 20% Mobile Kitchen & Shower Unit I Single Each Cost + 20% Beach Restoration Cu Yd $30.00 Temporary Housing Each Cost + 20% Light Tower wi Generator Day Cost + 20% Office Trailer I 40 ft. Day Cost + 20% Storage Container I 40 ft. Day Cost + 20% First Aid Station I OSHA Spec. Day Cost + 20% Observation Tower I USACE Spec. Each $1,000.00 Vacuum Truck Hour $250 00 Page 12 of 13 Contract #20070060 I I i Pump 6' Day $400.00 6" Discharge Line Foot/Day $10.00 Pump 12" Day $2,000.00 12" Discharge Line Foot/Day $25.00 Backfill Material CuYd 5.00 Other Collections White Goods Collection & Stockpile $18.00 Furniture, Mattresses etc. collection, storage disposal Cu Yd $18.00 Hazardous Waste, collection, storage, disposal Cu Yd $22.00 Removal of debris from Sand on Beaches Cu Yd $11.00 Page 13 of 13 Contract #20070060 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.fl.u5 www.boynton-beach.org MEMORANDUM TO: Carol Doppler Purchasing Agent FROM: Janet M. Prainito, CMC City Clerk DATE: September 2, 2009 SUBJECT: R09-125 Renewal Contract For emergency Debris Management and Recovery Services Attached for your handling is the original agreement mentioned above and a copy of the Resolution. Once the document has been executed, please return the original document to the City Clerk's Office for further processing. Thank you. ~'m~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Caro! Doppler R09-125.doc America's Gateway to the Gulfttream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org MEMORANDUM TO: Jeff Livergood Public Works Director FROM: Janet M. Prainito, CMC City Clerk DATE: September 9, 2009 SUBJECT: R09-125 Renewal contract for Emergency Debris Management and Recovery Services Attached for your handling is the agreement mentioned above and a copy of the Resolution. Once the document has been fully executed, please return the original document to the City Clerk's Office for Central File. Thank you. ~'fn~ Attachments (2) C: Central File & Followup S:\CC\WP\AFTl:R COMMISSION\Departmental Transmittals\2009\Jeff Livergood R09-004.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org MEMORANDUM TO: Jeff Livergood Public Works Director FROM: Janet M. Prainito, CMC City Clerk DATE: September 9, 2009 SUBJECT: R09-125 Renewal contract for Emergency Debris Management and Recovery Services Attached for your handling is the agreement mentioned above and a copy of the Resolution. Once the document has been signed, please return the original document to the City Clerk's Office for final execution. Thank you. ~'m.~ Attachments (2) C: Central File Follow up S:\CC\WP\AFTER COMMrSSION\Departmental Transmlttals\2009\.leff Livergood R09-125.doc America's Gateway 10 the Gu(fstream