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Home My WebLink About2016 08 08 Consent 304 Debris Removal Contract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ŽŶƐĞŶƚϯϬϰW'ϭK&ϮͲƵŐƵƐƚϬϴ͕ϮϬϭϲ &20081,&$7,21())2576 7KLV$JHQGD,WHPKDVEHHQHOHFWURQLFDOO\IRUZDUGHGWRWKH0D\RUDQG&LW\&RPPLVVLRQ &LW\0DQDJHU&LW\$WWRUQH\6WDIIDQGLVDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQG WKH&LW\¶V6HUYHU$GGLWLRQDOO\SRUWLRQVRIWKLV$JHQGD,WHPDUHW\SHGYHUEDWLPRQWKH UHVSHFWLYH0HHWLQJ$JHQGDZKLFKKDVDOVREHHQHOHFWURQLFDOO\IRUZDUGHGWRWKHLQGLYLGXDOV QRWHGDERYHDQGZKLFKLVDOVRDYDLODEOHRQWKH&LW\¶V:HEVLWH/DVHU)LFKHDQGWKH&LW\¶V 6HUYHUKDVEHHQVHQWWRDSSOLFDEOH&LW\6WDII0HGLD3UHVV5HSUHVHQWDWLYHVZKRKDYH UHTXHVWHG$JHQGDV$JHQGD,WHPLQIRUPDWLRQ+RPHRZQHU¶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ŽŶƐĞŶƚϯϬϰW'ϮK&ϮͲƵŐƵƐƚϬϴ͕ϮϬϭϲ Attachment No. 1 MUTUAL BENEFIT AND USE AGREEMENT WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient availability of Disaster Response/Recovery services within the corporate limits of Winter Springs, FL resulting from a storm or man -made disaster event; and WHEREAS, the Public Health and Safety of all the citizens will be at serious risk; and WHEREAS, the immediate economic recovery of Winter Springs, FL and its citizens is a major concern and the primary priority for recovery; and WHEREAS, Winter Springs, FL has a community of interest with OrangeCounty, FL with respect to the Response/Recovery services that may be necessary to affect the recovery from a disaster event; and WHEREAS, Orange County, FL has selected through competitive process a firm proficient in providing services; and WHEREAS, Winter Springs, FL has reviewed the solicitation, proposal, and evaluation related to the selection of the firm by Orange County, FL and endorses with the process and selection; and WHEREAS, Winter Springs, FL has reviewed the contract for services between Orange County, FL and AshBritt Inc. and has found the Scope of Services, prices, terms and conditions as set out in this Contract to be reasonable, acceptable and of benefit to their citizens; and THEREFORE, having reached concurrence and acceptance of the procurement process and the contract stipulations Orange County, FL agreed to enter into a contract with AshBritt for services without modification to the original terms, conditions or pricing. Having full authority the parties do hereby complete this agreement by signing below: Kevin L. Smith City of Winter Springs, FL First Name/MI/Last Name (Type) AshBritt, Inc. Andrea Lorenzo - Luaces, MMC City Clerk Date (MM/DD /YY Date (MM/DD /YY) Date (MM/DD /YY) 1 Contract # Y1 5- 1022 -A Attachment No. 2 This contract is made as of the 3rd day of June, 2015 by and between Orange County, a Political Subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the COUNTY, and Ashbritt, Inc., a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. number is 650364711. In consideration of the mutual promises contained herein, the COUNTY and the CONTRACTOR agree as follows: ARTICLE 1 - SERVICES The CONTRACTOR'S responsibility under this contract is to provide professional/consultation services in the area of Disaster Recovery and Debris Removal, as more specifically set forth in the Scope of Services detailed in Exhibit "A". The COUNTY'S representative /liaison during the performance of this contract shall be Ralphetta Aker, telephone no. 407-836-8011. The CONTRACTOR shall commence services on June 1, 2015 and complete all services ♦ May 31, 2018. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Attachment "A". This contract may be renewed, by mutual agreement, for additional periods up to a cumulative total of five (5) years at the same prices, terms and conditions. Any change in price, terms or conditions shall be accomplished by written amendment to this contract. Any order issued during the effective date of this contract, but not completed within that period, shall be completed by the CONTRACTOR within the time specified in the order. The contract shall govern the CONTRACTOR and the COUNTY'S rights and obligations with respect to the extent as if the order were completed during the contract's performance period. On d log 4 zwm:7-,Vd TJ 1:4 L, k &I I[ex4ol L, k d aMMLqjLj A. The CONTRACTOR will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Attachment "B" for services rendered toward the completion of the Scope of Services. i 111here incremental billing for partially completed items is permitted, the totg, incremental billings shall not exceed the percentage of estimated completion as • the bng date. ARTICLE 4 - TRUTH IN NEGOTIATION CERTIFICATE The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside consultants, The COUNTY shall exercise its right under this "Certificate" within one (1) year following final payment. ARTICLE 5 -TERMINATION A. Termination for Default: The COUNTY may, by written notice to the CONTRACTOR, terminate this contract for default in whole or in part (delivery 'orders, if applicable) if the CONTRACTOR fails to: Provide products or services that comply with the specifications herein or fails to meet the COUNTYS performance standards 2. Deliver the supplies or to perform the services wn the time speced in this contract or any extension. N 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work, and other materials related • the terminated work as directed • the COUNTY. 4. Continue and complete all parts of that work that have not been terminated, 9 B. Termination for Convenience WMA11141"id Iftell 8 . -0 - 0 0064 r $- 1---• — • - - - -- • The COUNTY Notice of Termination shall provide the CONTRACTOR thirty (30) days prior notice before it becomes effective. A termination for convenience ma apply to individual delivery orders, purchase orders or to the contras in its entirely. ARTICLE 6 - PERSONNEL The CORTRACTOR represents that it has, or will secure at its own expense, al: necessary personnel required to perform the services under this contract, Such personnel shall not be employees of or have any contractual relationship with the COUNTY. I-Iff-ITC-1 3 YMA—GY10k or unaer its supervision, and all personnel engaged in performing the services shall be fully ,Aualified and, if required, authorized or permitted under state and local law to perforM r se-vices. Any changes or substitutions in the CONTRACTOR'S key personnel, as may be listed in Exhibit "A", must be made known to the COUNTY'S representative and written approval must be granted by the COUNTY before said change or substitution can become effective. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. The COUNTY may require, in writing, that the CONTRACTOR remove from this contract any zmployee the COUNTY deems incompetent, careless, or otherwise objectionable. ARTICLE 7 — FEDERAL AND STATE TAX The CONTRACTOR shall be responsible for payment of its own and its share of its employee FICA and Social Security benefits with respect to this contract. ARTICLE 8 - AVAILABILITY OF FUNDS Me- I WE 10 *ther specified funding source r thisl procurement. F11 WU ARTICLE 9 - INSURANCE REQUIREMENTS: 92EEH� M Z Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations '07 Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent, Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number. Business Automobile Liability - The CONTRACTOR shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the CONTRACTOR does not own automobiles the 0 loll 13470�00 -0 4 Q:411 rJXF;I@3IIlVA4T#I1 Ir MCS-90- for operations governed by the Sections 29 & 30 of Motor Carrier Act of 1980 Workers' Compensation - The CONTRACTOR shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $500,000 each incident of bodily injury or disease for Employers' Liability, Elective exemptions as defined in Florida Statute 440 will be considered On a case-by-case basis. Any CONTRACTOR using an employee leasing company shall complete the Leased Employee Affidavit. Z Waiver • Subrogation- WC 00 03 13 or its equivalea For continuing service contracts renewal certificates shall be submittL374 0 N power, or remedy hereunder shall preclude any other or further exercise thereof ARTICLE 13 - CONFLICT OF INTEREST ARTICLE 14 -EXCUSABLE DELAYS D 0 The CONTRACTOR does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than as specifically provided for in this contract. ARTICLE 19 - CONTINGENT FEES "I i7 �!I� 1111�1�!1111 I'll 11 1 11, 11 A. The CONTRACTOR shall represent that the CONTRACTOR has' adopted and maintains a policy of nondiscrimination as defined by applicable COUNTY ordinance throughout the term of this contract. The CONTRACTOR shall allow reasonable access to all business and employment records for the purpose • ascertaining compliance with the non- discrimination provision of the contract, C. The provisions of the prime contract shall be incorporate by the CONTRACTOR into the contracts • any applicable subcontractors. im ARTICLE 22 - ENTIRETY OF CONTRACTUAL AGREEMENT such change until such written amendment or change order has been issued asm signed by each of the parties. ARTICLE 27 — CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a CONTRACTOR against the COUNTY relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The CONTRACTOR also shall provide with the claim a certification as follows: I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the CONTRACTOR believes the COUNTY is liable; and that I am duly authorized to certify the claim on behalf of the CONTRACTOR." Failure to document a claim in this manner shall render the claim null and void. oreover, no claim shall be accepted after final payment of the contract. The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the CONTRACTOR. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Contractor's/Consultant's written request for a final decision. The Procurement Division Manager's decision shall be final and conclusive. The CONTRACTOR shall proceed diligently' with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of Procurement Divisi•t, the contract with Orange County. Please refer to USCIS,gov for more information on this process. Only those employees determined eligible to work within the United States shall be employed under the contract. Therefore, • submission • a bid • proposal in response to this solicitation, t CONTRACTOR confirms that all employees in the above categories will undergo verification before placement on this contract. The CONTRACTOR further confirms h commitment to comply with this requirement by completing the E- Verificatil certification. ARTICLE 30 — LAWS AND REGULATIONS All applicable Federal and State laws, municipal and COUNTY ordinances shall apply the solicitation and contract. i ARTICLE 31— ADDENDA All requirements contained in any addenda to the solicitation for this procurement are part of and hereby incorporated into this contract. ARTICLE 32 — FEDERAL PROVISIONS Attachment K, Title 44 Code of Federal Regulations (CFR) 13.36 is hereby incorporated into the Contract IN M IN WITNESS WHEREOF, the Board of County Commissioners of Orange County, Florida has made and executed this contract on behalf of the COUNTY and CONSULTANT has hereunto set its hand the day and year above written, rorejjllr-�� S12- / 12-01S— Date ORA ,,i O 00UNTY..FLORJ j�o—h; ny— Ric 09d—sCn, Cppo, C--FCM- curement Division Manager Date im ATTACHMENT B — REVISED FEE SCHEDULE FOR Y15- 1022 -CH; DISASTER RECOVERY AND DEBRIS REMOVAL The Proposer shall provide all labor, tools, equipment, mobilization, demobilization and other resources required to complete the requirements of the scope of services for the unit prices listed which shall include bonds, insurance, overhead and profit): 1A. Removal, loading, hauling, of all eligible debris and/or residue from designated work zones to the TDSRS ass ecified Mileage Radius Estimated Qty Unit Unit Price TOTAL PRICE 0 -15 miles 1,700,000 Cubic Yard $6.75 $11,475,000.00 16 - 30 miies 500,000 Cubic Yard $7.50 $3,750,000.00 31 - 60 miles 100,000 Cubic Yard $11.00 $1,100,000.00 TOTAL ESTIMATED COST ITEM 1A: $ 16,325,000.00 113. Remove, Load, Haul from Citizen Site all debris, storage and processing at TDSR, Final Disposal Estimated QTY Unit Unit Price TOTAL PRICE 20,000 Cubic Yard $925 $185,000. . TOTAL ESTIMATED COST ITEM 1 B: $ 185,000.00 Y15- 1022 -CH REVISED B -1 Addendum #1 March 6, 2015 ATTACHMENT B — REVISED FEE SCHEDULE FOR Y15- 1022 -CH; DISASTER RECOVERY AND DEBRIS REMOVAL 1C. Management and Processing of all eligible debris and /or residue at the TDSRS Estimated Unit Unit Price TOTAL PRICE QTY 2,300 000 Cubic Yard $3.50 $8,050,000.00 TOTAL ESTIMATED COST ITEM 1C: $ 8,050,000.00 ID. Remove, load, haul and final disposal of all eligible debris and /or residue to a designated and authorized landfill or recycling facility from the TDSRS. Mileage . Estimated Unit Unit TOTAL Radius Qty Price PRICE $16.00 _ $240,000.00 0 -15 miles 15,000 Ton $20.00 $300,000.00 16 -30 miles 15,000 Ton $25.00 $475,000.00 31 -60 miles 19,000 Ton $29.00 $1,102,000.00 61 -90 miles 38,000 Ton $31.00 $1,178,000.00 91+ miles 38,000 Ton TOTAL ESTIMATED COST ITEM 1 D: $ $3,295,000.00 TOTAL ESTIMATED COST ITEMS 1A, 1B, 1C, AND 1D: $ 27,855,000.00 Y1S- 1022 -CH REVISED B -2 Addendum 01 March 6, 2016 ATTACHMENT B — REVISED FEE SCHEDULE FOR Y15- 1022 -CH; DISASTER RECOVERY AND DEBRIS REMOVAL 2A. Hazardous Stumps, as specified (To include any fill dirt and seeding required to level and restore the removal area Diameter Estimated Qty Unit Unit Price TOTAL PRICE $145.00 $145,000.00 25" to 48" 1,000 Each Greater than 1,000 Each $250.00 $250,000.00 48" TOTAL ESTIMATED COST ITEM 2A: $ 395,000.00 2B. HAZARDOUS LIMBS Diameter Estimated Qty Unit Unit Price TOTAL PRICE Removal and 1,500 Each $85.00 $127,500.00 disposal of hazardous hanging limbs greater than 2 inches in diameter. TOTAL ESTIMATED COST ITEM 2B: $ 127,500.00 TOTAL ESTIMATED FOR COST ITEMS 2A AND 213: $ 522,500.00 Y16- 1022 -CH REVISED B -3 Addendum #1 March 8, 2016 ATTACHMENT B — REVISED FEE SCHEDULE FOR Y15- 1022 -CH; DISASTER RECOVERY AND DEBRIS REMOVAL 3. Demolition of structures and processing of structural construction debris and materials (To Include all manpower, equipment, materials, environmental mitigation, etc., asspecified) Description Estimated QV Unit Unit Price _ TOTAL PRICE Demolish /Dispose 10,000 Cubic Yards $7.00 $70,000.00 of Predominately Concrete Block Structure Demolish /Dispose 10,000 Cubic Yards $5.00 $50,000.00 o f Predominately Wood Frame Structure Demolish /Dispose 10,000 Cubic Yards $8.00 $80,000.00 of Predominately Metal /Steel Structure Demolish /Dispose 10,000 Cubic Yards $8.00 $80,000.00 of Surface Improvements (Pool Deck, Driveways, Sidewalks, Slabs Septic Tank 4 Each $950.00 $3,800.00 Abandonment and Removal Demolish and 1,500 Square Feet $5.00 $7,500.00 Remove Above - Ground Pool, Empty or Filled with Water Excavate Dirt, 30,000 Square Feet $3.00 $90,000.00 Demolish and Remove In- Ground Concrete Pool Filled with Dirt Excavate Dirt, 30,000 Square Feet Demolish and $3.00 $90,000.00 Remove In- Ground Fiberglass Pool Filled with Dirt TOTAL ESTIMATED COST ITEM 3: $ 471,300.00 Y15- 1022 -CH REVISED B -4 Addendum #1 March 6, 2015 ATTACHMENT B - REVISED FEE SCHEDULE FOR Y15- 1022 -CH; DISASTER RECOVERY AND DEBRIS REMOVAL TOTAL ESTIMATED COST ITEMS IA, 1B, IC, ID, 2A, 2B AND 3: $ 28,848,800.00 THE FEES IN PAGES REVISED B_6 THROUGH REVISED B -14 OF THIS FEE SCHEDULE ARE FOR FUTURE USE IF NECESSARY BY THE COUNTY. THEY WILL NOT BE A FACTOR IN THE EVALUATION OF COST. Proposer: AshBritt, Inc. By: Date: 3/16/2015 Y15- 1022 -CH REVISED B -5 Addendum #1 March 6, 2015