Loading...
HomeMy WebLinkAboutGrubbs Emergency Services Notice to Proceed - 2004 08 17 ~BBS - EMERGENCY SERVICES, LLC NOTICE TO PROCEED Date: _~ ..-.* I') , 02.00 ~ This shall serve as a formal task order to Grubbs Emergency Services, LLC to proceed with removal of hazardous storm related debris from public property (rights of way) within the scope of services described within the contract between the county/city and Grubbs Emergency . Services, LLC. Debris removal shall be limited to that debris, which presents a health and safety hazard, as identified 44 CFR 206.224, Debris Removal, 29 CFR 1910.120, 40 CFR 311, 49 CFR 100-199, and agreed upon by the county/city's designated representative on-site.This Notice to Proce~ shall also serve for other debris Issues as needed and identified by and designated in the Disaster Recovery Services Agreement. ~.~~? 1?~ /J. m)~ S~gna~e ~.~ Title .~ : . Date: Mr. Anthony Tanner, Vice President Grubbs Emergency Services, LLC P.O. Box 12113 Brooksville, FL 24603 Dear Mr. Tanner: As authorized by me for the City o~~ I 1~ hereby approves the Agreement for Dis ter Recovery Services between Grub s Emergency Services, LLC. and the :ity 1 tJ iJJ-~ ' Florida. Pursuant to City ~' Florida procurement regulations, the City of tJ ~ 0-. <) ~ ' F 'da ereby consents to "piggyback" the Agreement for Disaster Re very ervlCes (RFP NO. 4127-01/BJC). Includmg all attachments, between Seminole County, Florida and Grubbs Emergency Services, LLC. The same terms and conditions that apply in the Agreement for Disaster Recovery Services, including all . attachments, for Seminole County, Florida shall apply to the City of ~ Florida. All references to Seminole County, Florida, a political subdivision of the ~tate of Florida or to County, shall be assumed to pertain to the City ~.Flo~da. . -1f~.~ t.J. ~ .. . Accepted, City of tJ -., . H'}~ Date ~ /'7-; 9(ut4 ,', fr1 - . .~ .. g -,. 1 . C ~. .'. rL, ;'1;~(S~.~p ~,em~-l1S- -&--_. oua- :y . .. .. .... ~. -.. .. --'-"-~'---'-_. .... f' 1 . " . " Purchasing Division ' .. LETTER OF TRANSMITTAL 1101 E. 1 st Street Sanford, Florida 32771-1468 Phone: 407/665-7119 Fax: 407/665-7956 TO: Grubbs Emergency Services Date: February 14, 2002 . 1115 South Main Street Brooksvllle, Florida 34601 " . " #.......:. . .. . . . . .'. . Attention: Mr. John G. Grubbs; President . ..., RE: Contract No.: RFP-4127-0t/BJC SUBJECT: Certified CODY ITEM . DESCRIPTION .-..... c--- . -'p "--'---"-" .... . .. - . . NO: . . . _. ..--. - .- . ..- ..- .. ........' ...- . . .. -~.. . . 1 Certified CODY , THESE ARE TRANSMITTED as checked below: o For YQfu information o For your signature lEl For your records o For approval. o Approved as submitted o Resubmit _ copies for approval. o For your use o Approved as noted o For your review & conunent "-... o As requested o Returned for corrections . o Please return to my attention o For your action. 0 o Plea~e respond by .200_ o FOR BIDS/RFP DUE .200_ COMMENTS: . COpy TO D. Gregory, I. Barrow, M. Flomerfelt, M. Landgraf SIGNED: P. Andrews, J. Garrett, S. Montgomery Records/Legal/Flnance/Project File IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTlFY US AT ONCE. TITLE: David Santiago ..' Contracts Analyst ~1 .~ , ; ENGINEERING SERVICES AGREEMENT (PS-586-01/BJC) SOLID WASTE MANAGEMENT THIS AGREEMENT is made and entered into this -~ day of 20~, by and between SCS ENGINEERS, duly autho- rized t conduct business in the State of Florida, whose address is 3012 U.S. Highway 301, Suite 700, Tampa, Florida 33619-2242, hereinafter called the "ENGINEER" and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Build- ing, 1101 East First Street, Sanford, Florida 32771, hereinafter called the "COUNTY". W S T N E S S E T H: WHEREAS, the COUNTY desires to retain the services of a competent and qualified engineer to provide professional engineering services to support Solid Waste Management in Seminole County; and WHEREAS, the COUNTY has requested and received expressions of interest for the retention of services of engineers; and wxEREAS. the ENGINEER is competent and qualified to furnish engineering services to the COUNTY and desires to provide professional services according to the terms and conditions stated herein, - NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the COUNTY and the ENGINEER agree as follows: SECTION 1. SERVICES.....The COUNTY does hereby retain the ENGINEER to furnish professional services and perform those tasks as further described in the Scope of Services attached hereto as Exhibit "A" and made a part hereof. Required services shall be specifically enumerated, described and depicted in the Work Orders authorizing performance of the specific project, task or study. This Agreement standing alone does not authorize the performance of any work or require the COUNTY to place any orders for work. CERTIFIED COPY MARYANNE MORSE . CLERK OF CIRCUIT COURT SEM OLE G NTY. OR A 1 BY DE TY CLERK SECTION 2. TERM. This Agreement shall take effect on the date of its execution by the COUNTY and shall run for a period of two (2) years and, at the sole option of COUNTY, may be renewed for one (1) successive period not to exceed two (2) years. Expiration of the term of this Agreement shall have no effect upon Work Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain in effect until completion of the work authorized by the Work Order. SECTION 3. AUTHORIZATION FOR SERVICES. Authorization for per- formance of professional services by the ENGINEER under this Agreement shall be in the form of written Work Orders issued and executed by the COUNTY and signed by the ENGINEER. A sample Work Order is attached hereto as Exhibit "B". Each Work Order shall describe the services required, state the dates for commencement and completion of work and establish the amount and method of payment. The Work Orders will be issued under and shall incorporate the terms of this Agreement. The COUNTY makes no covenant or promise as to the number of available projects nor that, the ENGINEER will perform any project for the COUNTY during the life of this Agreement. The COUNTY reserves the right to contract with other parties for the services contemplated by this Agree- k ment when it is determined by the COUNTY to be in the best interest of the COUNTY to do so. -- SECTION 4. TIME FOR COMPLETION. The services to be rendered by the ENGINEER shall be commenced, as specified in such Work Orders as may be issued hereunder, and shall be completed within the time specified therein. In the event the COUNTY determines that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated schedule of incentives based on time savings. 2 SECTION 5. COMPENSATION. The COUNTY agrees to compensate the ENGINEER for the professional services called for under this Agreement on either a "Fixed Fee" basis or on a "Time Basis Method" . If a Work Order is issued under a "Time Basis Method," then ENGINEER shall be compensated in accordance with the rate schedule attached as Exhibit "C". If a Work Order is issued for a "Fixed Fee Basis," then the applicable Work Order Fixed Fee amount shall include any and all reimbursable expenses. SECTION 6. REIMBURSABLE EXPENSES. If a Work Order is issued on a "Time Basis Method," then reimbursable expenses are in addition to the hourly rates. Reimbursable expenses are subject to the applicable "Not- to-Exceed" or "Limitation of Funds" amount set forth in the Work Order. Reimbursable expenses may include actual expenditures made by the ENGINEER, his employees or his professional associates in the interest of the Project for the expenses listed in the following paragraphs: (a) Expenses of transportation, when traveling in connection with the Project, based on Sections 112.061(7) and (8), Florida Statutes, or their successor; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. (b) Expense of reproductions, postage and handling of drawings and specifications. (c) If authorized in writing in advance by the COUNTY, the cost of other expenditures made by the ENGINEER in the interest of the Project. SECTION 7. PAYMENT AND BILLING. (a) If the Scope of Services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The ENGINEER shall perform all work required by the Work Order but, in no event, shall the ENGINEER be paid more than the 3 negotiated Fixed Fee amount stated therein. (b) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not-to Exceed amount. If a Not-to-Exceed amount is provided, the ENGINEER shall perform all work required by the Work Order; but, in no event, shall the ENGINEER be paid more than the Not-to-Exceed amount specified in the applicable Work Order. (c) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Limitation of Funds amount. The ENGINEER is not authorized to exceed that amount without the prior written approval of the COUNTY. Said approval, if given by the COUNTY, shall indicate a new Limitation of Funds amount. The ENGINEER shall advise the COUNTY whenever the ENGINEER has incurred expenses on any Work Order that equals or exceeds eighty percent (80~) of the Limitation of Funds amount. (d) For Work Orders issued on a "Fixed Fee Basis," the ENGINEER may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. The COUNTY shall pay the ENGINEER ninety percent ~(90~) of the approved amount on Work Orders issued on a "Fixed Fee Basis". -- (e) For Work Orders-issued on a "Time Basis Method" with a Not- to-Exceed amount, the ENGINEER may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not-to-Exceed amount equal to a percentage of the total services actually completed. The COUNTY shall pay the ENGINEER ninety percent (90~) of the approved amount on Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount. 9 (f) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not-to-Exceed amount shall be treated separately for retainage purposes. If the COUNTY determines that work is substantially complete and the amount retained is considered to be in excess, the COUNTY may, at its sole and absolute discretion, release the retainage or any portion thereof. ,(g) For Work Orders issued on a ~~rime tsasis ne~n~u wl~u d Limitation of Funds amount, the ENGINEER may invoice the amount due for services actually performed and completed. The COUNTY shall pay the ENGINEER one hundred percent (100) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount. (h) Payments shall be made by the COUNTY to the ENGINEER when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. ENGINEER shall render to COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the ENGINEER, Work Order Number, Contract Number and all other information required by this Agreement. The original invoice shall be sent to: Director of County Finance Seminole County Board of County Commissioners . P.O. Box 8080 -- Sanford, Florida 32772 - A duplicate copy of the invoice shall be sent to: Solid Waste Mangement 500 West Lake Mary Boulevard Sanford, Florida 32773 (i) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper invoice from the ENGINEER. 5 SECTION 8. GENERAL TERMS OF PAYMENT AND BILLING. (a) Upon satisfactory completion of work required hereunder and, upon acceptance of the work by the COUNTY, the ENGINEER may invoice the COUNTY for the full amount of compensation provided for under the terms of this Agreement including any retainage and less any amount already paid by the COUNTY. The COUNTY shall pay the ENGINEER within thirty (30),days of receipt of proper invoice. (b) The COUNTY may perform or have performed an audit of the records of the ENGINEER after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to the ENGINEER and the COUNTY subsequent' to the close of the final fiscal period in which the last work is performed. Total compensation to the ENGINEER may be determined subsequent to an audit as provided for in subsections (b) and (c) of this Section, and the total compensation so determined shall be used to calculate final payment to the ENGINEER. Conduct of this audit shall not delay final payment as provided by subsection (a) of this Section. (c) In addition to the above, if federal funds are used for any work under the Agreement, the Department of Housing and Urban Develop- ment, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, t papers, and records, of the ENGINEER which are _directly pertinent to work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. (d) The ENGINEER agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the ENGINEER's office at all reasonable times during the Agreement period 6 and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsections (b) and (c) of this Section. (e) In the event any audit or inspection conducted after final payment, but within the period provided in paragraph (d) of this Section reveals any overpayment by the COUNTY under the terms of the Agreement, the ENGINEER shall refund such overpayment to the COUNTY within thirty (30) days of notice by the COUNTY. SECTION 9. RESPONSIBILITIES OF THE ENGINEER. (a) The ENGINEER shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or revise any errors or deficiencies in his plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (b) Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and the ENGINEER shall be and always remain liable to the COUNTY in accordance with applicable law for any and all damages to the COUNTY caused by the ENGINEER'S negligent or wrongful performance of any of the services furnished under this Agreement. SECTION 10. OWNERSHIP OF DOCUMENTS. All deliverable analysis, reference data, survey data, plans and reports or any other form of 7 written instrument or document that may result from the ENGINEER's services or have been created during the course of the ENGINEER's performance under this Agreement shall become the property of the COUNTY after final payment is made to the ENGINEER. SECTION 11. TERMINATION. (a) The COUNTY may, by written notice to the ENGINEER terminate this~Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the COUNTY'S convenience or because of the failure of the ENGINEER to fulfill its Agreement obligations. Upon receipt of such notice, the ENGINEER shall: (1) immediately discontinue all services affected unless the notice directs otherwise, and (2) deliver to the COUNTY all data, drawings, specifica- tions, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the COUNTY, the ENGINEER shall be paid compensation for services performed to the date of termination. If this Agreement calls for the payment based on a Fixed Fee amount, the ENGINEER shall be paid no more than a percentage of the Fixed Fee amount equivalent to the percentage of the completion of work, as determined solely and conclusively by the COUNTY, contem- plated by this Agreement. (c) If the termination is due to the failure of the ENGINEER to fulfill its Agreement obligations, the COUNTY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such case, the ENGINEER shall be liable to the COUNTY for all reasonable additional costs occasioned to the COUNTY thereby. The ENGINEER shall 8 not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of the ENGINEER; provided, however, that the ENGINEER shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the COUNTY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of the ENGINEER. (d) If, after notice of termination for failure to fulfill its Agreement obligations, it is determined that the ENGINEER had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedies of the COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. SECTION 12. AGREEMENT AND WORK ORDER IN CONFLICT. Whenever the terms of this Agreement conflict with any Work Order issued pursuant to it, the Agreement shall prevail. -_ SECTION 13. EQUAL OPPORTUNITY EMPLOYMENT. The ENGINEER agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disabil- ity, or national origin. This provision shall include, but not be 9 i limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. SECTION 14. NO CONTINGENT FEES. The ENGINEER warrants that it has not employed or retained any company or person, other than a bonaf.ide employee working solely for the ENGINEER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the ENGINEER, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the COUNTY shall have the right to terminate the Agreement at its sole dis- cretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. SECTION 15. CONFLICT OF INTEREST. (a) The ENGINEER agrees that it will not contract for or accept employment for the performance of any work or service with any individ- ual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY. -_ (b) The ENGINEER agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that ENGINEER causes or in any way promotes or encourages a COUNTY officer, employee, or agent to violate Chapter 112, Florida Statutes, the COUNTY shall have the right to terminate this 10 Agreement. SECTION 16. ASSIGZ~NT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 17. SUBCONTRACTORS. In the event that the ENGINEER, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, the ENGINEER must first secure the prior express written approval of the COUNTY. If subcontractors or other professional associates are required in connec- tion with the services covered by this Agreement, ENGINEER shall remain fully responsible for the services of subcontractors or other profes- sional associates. SECTION 18. INDE2~ZIFICATION OF COUNTY. The ENGINEER agrees to hold harmless, indemnify the COUNTY, its commissioners, officers, em- ployees, and agents against any and all claims, losses, damages or lawsuits for damages, arising from, allegedly arising from or related to the negligent provision of services hereunder by the ENGINEER, excepting such liability as may arise out of COUNTY's negligence of willful or reckless disregard of COUNTY's obligations under this Agreement. SECTION 19. INSURANCE. . (a) GENERAL. The ENGINEER shall at the ENGINEER'S own cost, procure the insurance required under this Section. (1) The ENGINEER shall furnish the COUNTY with a Certifi- cate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liabil- ity, Workers' Compensation/Employer's Liability and Commercial General 11 Liability}. The COUNTY, its officials, officers, and employees shall be named as an additional insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the ENGINEER, the ENGINEER shall provide the COUNTY with a renewal or replacement Certifi- cate of Insurance not less than thirty (30) days after expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement treat iL is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements. of the Agreement. In lieu of the statement on the Certificate, the ENGINEER shall, at the option of the COUNTY submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in full compli- ance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the COUNTY, the ENGINEER shall, within thirty (30) days t after receipt of the request, provide the COUNTY with a certified copy of each of the policies of_insurance providing the coverage required by this Section. (4) Neither approval by the COUNTY nor failure to disap- prove the insurance furnished by a ENGINEER shall relieve the ENGINEER of the ENGINEER's full responsibility for performance of any obligation including ENGINEER indemnification of COUNTY under this Agreement. (b) INSURANCE COMPANY REQUIREMENTS. Insurance companies provid- ing the insurance under this Agreement must meet the following require- 12 ments: (1) Companies issuing policies other than Workers' Compen- sation, must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insur- ance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the ENGINEER shall, as soon as the ENGINEER has knowledge of any such circumstance, immedi- ately notify the COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the ENGINEER has replaced the unacceptable insurer with an insurer accept- able to the COUNTY the ENGINEER shall be deemed rt.o be in default of this Agreement. (c) SPECIFICATIONS. Without limiting any of the other obliga- tions or liability of the ENGINEER, the ENGINEER shall, at the ENGI- NEER's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by 13 the ENGINEER and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation/Employer's Liability. (A) The ENGINEER's insurance shall cover the ENGINEER for liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The ENGINEER will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both the ENGINEER and its subcontractors is outlined in subsection (c) below. In addition to coverage for the Florida Workers' Compensa- tion Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, _or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: S 500,000.00 (Each Accident) 51,000,000.00 (Disease-Policy Limit) S 500,000.00 (Disease-Each Employee) 14 (2) Commercial General Liability. (A} The ENGINEER'S insurance shall cover the ENGINEER for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 Ol), as filed for use in the State of Florida by the Insur- ance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) the minimum limits to be maintained by the ENGINEER (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: General Aggregate Personal & Advertising Injury Limit Each Occurrence Limit LIMITS $Three (3) Times the Each Occurrence Limit $1,000,000.00 51,000,000.00 (3) Professional Liability Insurance. The ENGINEER shall carry limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (d) COVERAGE. The insurance provided by ENGINEER pursuant to 4 this Agreement shall apply on a primary basis and any other insurance or self-insurance maintained by the COUNTY or the COUNTY'S officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of the ENGINEER. (e) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims-made basis. The Profes- sional Liability insurance policy must either be on an occurrence basis, or, if a claims-made basis, the coverage must respond to all claims 15 reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the ENGINEER, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. SECTION 20. ALTERNATIVE DISPUTE RESOLUTION (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY ADR procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY ADR procedures for proper invoice and payment disputes are set forth in Section 55.1, "Prompt Payment Procedures," Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Proce- dures," arising under this Agreement with ADR procedures set forth in Section 220.102, "Contract Claims," Seminole County Code. (b) ENGINEER agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the COUNTY ADR procedures set forth in F subsection (a) above of which the ENGINEER had knowledge and failed to present during the COUNTY ADR procedures. -_ (c) In the event that COUNTY ADR procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties partici- pating in the mediation. 16 SECTION 21. REPRESENTATIVES OF THE COUNTY AND THE ENGINEER. (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The COUNTY, upon request by the ENGINEER, shall designate in writing and shall advise the ENGINEER in writing of one (1) or more of its employees to whom all communications pertaining to the day-to-day conduct of this Agreement shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define the COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) The ENGINEER shall, at all times during the normal work week, designate or appoint one or more representatives of the ENGINEER who are authorized to act in behalf of and bind the ENGINEER regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the COUNTY continually and effectively advised of such designation. SECTION 22. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred -to in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 23. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modifi- cation, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 17 SECTION 24. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the ENGINEER (including its officers, employees, and agents) the agent, representative, or employee of the COUNTY for any purpose, or in any manner, whatsoever. The ENGINEER is to be-and shall remain forever an independent contractor with respect to all services performed under this Agreement. SECTION 25. EMPLOYEE STATUS. Persons employed by the ENGINEER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment com- pensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. SECTION 26. SERVICES NOT PROVIDED FOR. No claim for services furnished by the ENGINEER not specifically provided for herein shall be honored by the COUNTY. SECTION 27. PUBLIC RECORDS LAW. ENGINEER acknowledges COUNTY's obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. ENGINEER acknowledges that COUNTY is required to comply with Article I, Section 29, Florida Constitution and Chapter 119, Florida Statutes, in ,the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 28. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the ENGINEER shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulat- ing the provisions of, such services, including those now in effect and 18 delivery of written notice of termination to the ENGINEER. SECTION 29. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, with return receipt request- ed, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR COUNTY: Solid Waste Mangement 500 West Lake Mary Boulevard Sanford, Florida 32773 FOR ENGINEER: SCS Engineers 3012 U.S. Highway 301, Suite 700 Tampa, Florida 33619-2292 SECTION 30. RIGHTS AT LAW RETAINED. The rights and remedies of the COUNTY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the COUNTY. ATTEST: SCS ENGINEERS J By: RAYMOND D R, P.E. ROBERT B. GARDNER, P.E. Vice-Presiders Vice-President (CORPORATE SEAL) Date: S~f-n ~ 19 ATTEST: R MORSE C rk to the Board of ounty Commissioners of Seminole County, Florida. For use and reliance of Seminole County only. Approved as to form and legal suf ien County o AC/lpk 4/9/01 5/7/01 PS-586-Ol-SCS ENGINEERS ' 3 Attachments: Exhibit "A" - Scope of Services Exhibit "B" - Sample Work Order Exhibit "C" - Rate Schedule BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA DIC AN DER WEIDE, Chairman Date G ~ /a •0 / As authorized for execution by the Board of ounty Commissioners at their Z 20~ regular mee in . 20 Exhibit A Background: Seminole County operates an integrated solid waste management system that ' County owned, maintained, and operated facilities and contracted services. Thencludes owns, operates, and maintains an active slurry-wall landfill (and ancillary facilities ounty closed landfills, and a transfer station (and ancillary facilities). )~ ~O The County contracts for the collection of refuse from 55,000 residents unincorporated County, And the County contracts for certain operational service including processing of 45,000 tons per year of yard waste and the processin of 1 'n tons per year of recyclables. s 9 2,000 The County seeks the services of qualified, experienced firms to Engineering services to support the County's solid waste management a t vitRiesfessional Scope of Services -Solid Waste Management Engineering The selected firm is to provide full-service Professional Engineering services in su ort of the County's comprehensive solid waste management organization. pp 1. Facilities Supported Engineer will support the following County-owned facilities: • Active solid waste landfill • Closed solid waste landfills • Recycling facilities • Transfer station • Citizen service areas that support solid waste activities • Other facilities as directed by the Solid Waste Manager 2. Activities ~ Engineer will conduct activities including, but not limited to, the following: • Feasibility studies • Engineering design • Construction engineering services, including contractin su o construction inspection, and construction quality assure c e, pport' resid„nt engineering, • Analyses of existing facilities and operations • D stemPmant of solid waste management related computer and data management Y • Capital planning • Solid waste permitting and regulatory compliance (examples, permit renewal and maintenance, permitting new facilities assuring compliance of on oin interfacing with, and representing the County to, regulatory agencies) g g activities, • Other related services (that may include: support with disaster response including preparation of disaster response plans, supporting debris removal activities, supporting infrastructure repair activities, supporting preparation of FEMA and other required paperwork) • Other assignments as directed by the Solid Waste Manager Examples of typical work (for demonstration purposes only): • Permit renewal of landfills, transfer station, or other solid waste facilities • Design of landfill closure elements • Design of transfer stations • Design of recycling processing facilities • Design of modifications to transfer station facilities • Design and modification of leachate management systems • Full-time Resident engineer and construction inspection of landfill closure • Construction quality assurance for liner installation during closure EXHIBIT "B" WORK ORDER FOR ENGINEERING SERVICES AGREEMENT (PS-586-01/BJC) SOLID WASTE MANAGEMENT WORK ORDER NO.: SAMPLE PROJECT: COUNTY: SEMINOLE COUNTY, a political subdivision of the State of Florida. ENGINEER: SCS ENGINEERS ENGINEER'S ADDRESS: 3012 U.S. Highway 301, Suite 700 Tampa, Florida 33619-2242 Execution of the Work Order by COUNTY shall serve as authorization for the ENGINEER to provide for the above project, professional services as set out ire the Scope of Services attached as Exhibit "A," to that certain Agreement of between the COUNTY and the ENGINEER and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS [ ] DRAWINGS/PLANS/SPECIFICATIONS _ [ ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS [ ] The ENGINEER shall provide said services pursuant to this Work Order, its attachments and the above-referenced Agreement which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice To Proceed by COUNTY and shall be completed within ( ) calendar days. 1 METHOD OF COMPENSATION: (a) This Work Order is issued on a: [ ] FIXED FEE BASIS [ ] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b) If the compensation is based on a "Fixed Fee Basis," then the ENGINEER shall perform all work required by this Work Order for the sum of ~ DOLLARS (S ). In no event shall the ENGINEER be paid more than the Fixed Fee Amount. (c) If the compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then the ENGINEER shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The ENGINEER's compensation shall be based on the actual work required by this Work Order. (d) If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the ENGINEER is not authorized to exceed the Limitation of Funds amount of DOLLARS (g ) without prior written approval of the COUNTY. Such approval, if given by the COUNTY, shall indicate a new Limitation of Funds amount. The ENGINEER shall advise the COUNTY whenever the ENGINEER has incurred expenses on this Work Order that equals or exceeds eighty percent (80~) of the Limitation of Funds amount. The COUNTY shall compensate the ENGINEER for the actual work performed under this Work Order. Payment to the ENGINEER shall be made by the COUNTY in strict accordance with the payment terms of the above-referenced Agreement. It is expressly understood by the ENGINEER that this Work Order, until executed by the COUNTY, does not authorize the performance of any services by the ENGINEER and that the COUNTY, prior to its execution of the Work Order, reserves the right to authorize a party other than the 2 ENGINEER to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the COUNTY. IN WITNESS WHEREOF, the parties hereto have made and executed this work Order on this day of 20 for the purposes stated herein. ATTEST: SCS ENGINEERS RAYMOND J. DEVER, P.E. Vice-President By. ROBERT B. GARDNER, P.E. Vice-President (CORPORATE SEAL) ATTEST: MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. For use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney As authorized for execution by the Board of County Commissioners at their 20 regular meeting. Date: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DICK VAN DER WEIDE, Chairman Date: 3 ti.~..9':~1 ,G'9:0.{ Fad $136236i~7 SCS E~GI~EERS (~JQU3 E3CH)(BIT C RATE SCHEDIJX,E C ENGTNEEl1tS STANDA.Rll FEE SCHJI;D'UT.E Rate/Hour fSl ........................................................ Office Airector/Prinicpals ....•••••••.••••• 14U ........... 135 Project Director/Associate ....:.................................................. ..... ........................... 110 . . Proj ect Manager.................. .................................................... ... ........... 95 ................................. Senior Technical Advisor ••••••••••••••'•""" ........... 0 """"""""' ' 9 . Senior Project Professional ..................................................... ................. ............ 75 .............................................. Project Professional ••••••"""""" .................. """""" . 65 ......................... Staff Professional ................. .......................... ............................ 5 S ......... Designer :................................................................................ ................... ~0 Associate~Sta!'1'Professional ••••••••••••••'• """"' """"' """"' 43 .......... ....... Draftsperson ..................................................................... ................. 45 ...... . 7'eclnuclan .................. .............................................. ........ .............. 4~ Office Sei-~•ice Manager ............. ............................ 4U S ~cretan zUClerical ........................................... Note: The above rates include salary, overhead, administration, and profit. Ot1-zr direct expenses; such as analyses of air, water and soil samples, reproduction, travel, sul~~sistence, st:bcontractors, loner distance telephone, computers, etc., are billed at actt:aJ cost plus 1._~ perc~:nt. 06/4&101 ,09:4b }'A\ 813623675/ SCS l:~G l SEEKS OQ2 ~ ~: ,M: ,'~(;y ~,.._ , w ~ . ~ ^ l ~ ~ ~. DATE frWoglrrl ` ~ ~ > r~t".~ ,:•:~• i • . ;:.~. ~.r...._.»«.~ :r..ii=«~.:~... o, . .. ~ , ~ k Wr ,x', ~ 'tt, '' ~;, , 6JUN-2001 • • 12123!! -IaoueEiw IS CERTIFlCATE tf ISSUED AS A 1lATTE3i OF INFORMATION Wlli/ North America, Inc. - R•pian•I Grt Gnt•r ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE 1 1201 N. Tatum Blvd. HOLDER. THIS CERTIFICATE DOES NQT AMEND, EXTEND OR Suite 300 ALTI°.A 'fHE COVERAGIE AFTaO RDED BY THE POLJCIES BELOW. Pho•ni: AZ 66028 COMPAI4IES AFl ~RDING COVERAGE (877) 559-b789 2»tF7oo (-AS~ A+~' Zurich Arrl•riwll Insure >te• Company ~+ A srauPEC 2/27-001 !-ALy B~Am•rian GYanlnta• 6 Liability Irt/ursnn Company SCS ENGINEERS 2as7 00 (PAST) ~ 9TH FLOOR c CAr+Y Stsad st Insur~onw Co npsny 3711 LONG IIFACH BLVD. LONG BEACFI CA 90807 ~~~7~~ cDIrA-tYiunoh~•ns~sr~Insura~Ie• Comprny D ;~ ~ , . .. THIS tS TD CERTIFY THAT THE P'OLIGtS OF INSURANCE LISTED BEIAW HAVE BEER ISSUED TO THIS WbUAED NAYEO ABOVE FOR THE POLICY PEPIgD INDICTED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU RENT WITH AESPI~'T TO WHICH THIS CIATIF'ICATE WY !E LlSUED OR WY PERTAIN, THE INSURANCE AFFORDED 1Y THE POLICIES p69CR.'BEO HEI ON IS SUtWEGT TO ALL THE TERMS. EXCLL7310N3 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LT11 TTPEOF W/IIIIMICE -OL1CY MUY1El1 POLICY EFPiCiNE a-TE OrWOf+^FI POLICY F]D/IA'IIDM GATE oywoa~m Urrtf A oEM EMI UA/ILrIY L0804440407 01-A PR-2001 O 1,APR-2002 ~ ~ Appq~~ ~ 1 , 0 0 0 , 0 0 0 X COMMERCIAL DENEFW.l1A61UTY ucTS~nurJOr Acre = 1, 0 0 0, 0 0 0 CLAws MADE a DDCUR REli7 7AIAL ADV IILAAiY S, 0 0 0, O O O OwNER's a cONTRACraR'8 rROT EACH accuaRE rlCr_ / 1 . 0 0 0.0 0 0 PIR[INAMOE M am llw 1,000,GDC DID ~„ 10,000 B Aur orosu,E uASxm VA) BAP>s04666707 O1-APR-2001 01-APR.20C1 ~E ~ ~~ ~T / 1, 0 00 , 0 00 B X A~ AOS) BAP804440607 01a-PR-2001 01,APR~,2002 µy ALL OWNEDAUT09 eodlri~AwRV = ED AUTOS HEDU (P.r P wall SC L X W RED AUTOS 6004 r tIiAJRr S X AUT09 (F'.r r ddnt) IJON dM/NED PROP !RTY DAMAGE ~ AUTO ,?ICY • A ACL10E71T OAl 1AOC LlA/IITY QTTEI 1 THAN AUTO ONLY: ANY AUTO EACH ACCT NY A C SUOB04440807 01a4PR-2001 01~1PR-200;1 EACH xccuaREr+eE / 6.000,D00 E= eESSUAeuLm 000 6 000 X Aooa:aATE , , / ~~r.Lr-, ~ . ~ D OTH R THAN UMBF>EL1A FORM 0963380801 O1-0CT,Z000 '- O1-007,2001 X '^-aTAVU- , , V,.a ;~;~~;=~t~?~w eroltl~it• core EJI/ATIOw AMO 0 0 0 0 0 0 1 nPLOrERS• LMJi7TT ;H NT , , THE PFityRIETDN pI EAlE•POUCYUUrT 1, 000 , 000 rAP;TNERgrocecunvE DF~cEIa ARe. urcL Exc _ - eL d~ FA E1ilDNEE 1 .0 00 , 00 0 C oTMm PEC793000007 O1~-PR-2001 01-APR~200w Is,~~eo,ooe r.z ci.i. PTOh /.I Oflv a Fltvironm•n ~S, I~00. 000 >••ei ~0'~~• " use, oeo Drawable DE/CII/TIOM OP OPEIUIT10Mi~l.OCAT10Mf(VENICl2f//PEC3AL REr/ SEE ATTACHED .. ... _ '.~ ..~i. .~. . .. .. ilIOIRD Alflr OF T>E AeIOVE DEft111/I 0 rOLK7Ea /E Ca11CELlfd aEP011E THE E]~MTIOr GATE TNEJIEOf, TXE IOU rO COYPArT MIRL IwIpB1iBMIt1tB rALL 30 DAY/ WRlRDI MOTCL' TO THE 1 iJITIFICATE MOLDER ewtED TO THE tEt7, SEMINOU: COUNTY Blxlti><tti~noli/IB[x/tILti1111B>t~lft tMx80/7rY>lMBt11~R!!~[11MI~tI/xx 1101E 1ST STREET x x MB xt~C=s,BMM/M x 7lJwrlflrlX/rK/~xx SANFORD FL 32771 Au ATI~E / ' TrA• 57sf,,R~~,,~~,t,S~~~e~R~~~,,aa~~,,,,~~ ~~w-~w,,,~~-'y~'~ ..'",~a. t:1 ~~ l''p~,.:», u . ; .~ M. .,l„„ arL~~wS~~ S 06/,06.:01 ,(`.9:48 PAl 8]362J6757 SCS li~Gl\EERS boos _ ~ . - ' I' ~# wut a-Tt p~~ypq~yh - ~ ~' ~ 1 Y 1 .7 . r ,. ; < 6JUN,2001 1 CA N p ~p T~ MOLD R. t3 CE Tl AT DOS A~ ND EN O Al COVERA IIMFOFOR i ®Y PO d E O n+aullto 121238 rroouc~l Willis North Am.riea, Ine. - R.pion rl Cart C.nta~ 11201 N. Tatum Blvd. SCS ENOINEL'RS Suit. X00 9TH FLOOR P'hwn6t AZ e6028 3711 LOMG eEACH BWD. 1e77) 569.67a9 LONG BEACH CA 90807 .. _ .. r TMl3 fs TO CERTIFY THAT THE POUCId OF WSURANCE LISTED BELOW HAVE 6EEN ISBUED TO THE II~IURED N WED AB01rE POR THE POtJGY PERIOD INDICATED. NOTMffTTIlTA1IDN0 ANY RfOUIREMETiT, TEAM oA GONDft'ION OF ANY CONTRACT OR OTHE'A DOCU4E#!T WITH RESPECT TO WHIGi THIS CERTIFICATE IIAY BE 16311ED Ofl 1AAY PERTAIN THE INSURANCE AFFORDED aY THE !'OL.IGEB DE.~CRIBFD HEIIEIN LE SUaIECT TO Ail, THE TERYS, EXCLUSIONS MID WNDITIDNS OF eUCH POLlCIE3. LIMITS MAY HAVE 6EFN gEDUCED aY PAID CWMS. tort or uwlu-rct ra;xr rurrgl rouev v~etlvc oA roucY txr[untw a u>~s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The certificate holder is Warned as the additional insured Under th• General Liability coverage per the attached andoraamsnt. This insllranc• it primary por the policy form. A per pro~sct aggregate applies per the policy form. A waiver of subrogation applies to the Gsnsral Liability ct~veraga per the policy form. SCS Job No. 09201019.00 Contract No. PS-586-01/BJC Re: Engineering Services Agreement for Solid Maste Manltgement Plan Master Agreement .e .,+ ..... a+. Vet. .. ... ... Y alrouin Alf>I of tNt Asove IxsGlltw a -oucln [[ uwcntin [ttal-t tHt txrrunoll DAtE TNpI[OF, via nw~ rt eorrArll wet nYtltBtbMKx11 WUL ~_ Mra 1r111TTEr r0't1Ct: TO TN[ a 71TMiCATt IIDLDER MArtD TD TN[ LlrT/ 6EMINOLE COUNTY a~ICtSaSRX1Q>w11[>wuoltwil>~I1Q~t/AEe[M~7~R1~~rtYr 1101E 15T STREET a~eelaalu iANFORD FL 32771 AUTM ~~ r ~ e '~%><ii~. _ "'3;~'" 5'~:>~~~ .~~'~ ~'p t~{ •.r '~.e~~~ s~~wi~ 'mow' .. .K. e . ~ .. ,........'Ni«. • as'ios~ui ,os:as H~:~~ ~tsbz3si~~ sc;s i;~ci~i:~:k5 ~,ooa .. rOLICY1VllM8ER: CLO tG 4440--07 •OI-tlrtl:RC1AL CEIYERAL LL~DlI.[Tl CG 20 10 03 9' 771LS EKDORYBMENT CHAlYGBS 7'H8 PO[JCY. PLEASE ;READ ! T CAREE()L1,Y ADDI'T'IONAL INSURED -OWNERS, LESSEES IJR C()NI7ZACT~OILS'=" • SCEiIsDULED PERSON OR ORGA1VlCZATI ON This eadmseauat osodifies iesnraace provided a~der the foilauriaF COhUdERCLIL GENERAL LIABILITY COVERAGE PART SCHEDULE Kane of Pez~o~ or Oepslssdac aS IREQIIIIitED 8? TEIOSE ENTITIES 1w1ZTS FfROM THE NJIMF.D~ INSURED ]~ECUTES A WRITTI,~I COI~'i~CT. (lf ao tatrY ~pppeeaaa~s above, iaformation required to eoeeplcte this eadorscmcat w~iU lUe shc~n~ is the Declarstioss as sPPI'• able to thu e.darsemeal.) VYtto 4 Aa Iaattd (5s+etloa llj is aaatiaded to include as an io~urcd the pesos or arpaiati oa shoYra in the Schedule, bur Daly with respcd to liability srisiaa out of your oRota~ operstioas performed for that i:asurrd. CG 20 10 03 97 Cepyri8b¢, Lisunaca Servieq 06fim, lac, 1996 Pace 1 al 1 ^ -- --- -- ~ ~~ c. c^c^ o^ . ~.C~~ ' ~, ~~ l • ~ • SEM>~o~E~~ Pr FLORIDA'S NATURAL CHOICE 1 ce Pr 0 osal p Price will be based on per ton sca/e wel8hts recorded at the Osceo/a Road Land/I/l. Upon wr/ttrn nott/Icatlon by the protect manager, per cubic yard rates w!ll be used. .The County w!// defermine the cubic yard rate based on a S00 pound pcr cub/cyard conversation factor. ~ . ~, Group I • Scenario I. • Scenario 2. SPOT SOBS SMALL EVENT Per Ton PNce Per Cubic Yard PNce A. Debris Removal and Transportation to TDSPF or Osceo/a Road Landfll/.• $ 60.00. $ 15.00 B. TDSPF Operation: (/ncludes Debris Processing & D/sposa/) $ 40.00 ~` ' $ 10.00 C. Structure Demolition and -- Transportation o(Structure DebNs to TDSPF or Osceola Road Landfll.• $ 54!00 $ 13.50 Group 2• . • Scenario 3. SIGNIFICANT EVENT -REMOVAL, REDUCTION, HAULING -WOODY DEBRIS ONLY • Scenario 4. SIGNIFICANT EVENT -REMOVAL, REDUCTION, HAULING & SEPARATING MIXED DEBRIS Per Ton Price Per Cubic Yard Price A. Debris Removal and Transportation to TDSPF or Osceola Road Landli/l.• $ 60.00 $ 15.00 B. TDSPF Operation: (/ncludes Debris Processing & Disposal) $ 40.00 $ 10.00 C. Structure Demolition and Transportation of Structure Debris to TDSPF or Osceo/a Road Land~ll.• $ 54.00 $ 13.50 Group 3. . • Scenario S. CATASTROPHIC EVENT -REMOVAL, REDUCTION, HAULING & SEPARATING MIXED DEBRIS • Scenario 6. CATASTROPHIC EVENT -SITE MANAGEMENT • Scenario 7. CATASTROPHIC EVENT -TOTAL MANAGEMENT Per Ton PNce Per Cubfc Yard Price • A. Debris Removal and Transportation . to TDSPF or Osceola Road Landflll.• . $ 60.00 $ 15.00 B. TDSPF Operat/on: (/ncludes Debris Processing & Disposal) $ 40.00 $ 10.00 C. Structure Demolition and Transportation of Structure Debris to TDSPF or Osceola Road Land~l/.• $ S 4.00 $ 13 . S 0 OTHER: 40 Kour Annual Planning & Coordination $ 0.00 . ~av 8es . .~~_- ®PrinMd an R~.ydad Papa o~alescw~ .; .. ~ ... Purchasing Division 1101 E.1 st Street Sanford, Florida 32771-1468 Phone: 4D7/665-7119 Fax: 4D7/665-7956 r ~~. t /1~' ~ _. _ ~~~ _ ._ _ - LETTER OF T~SMITTAL T0: Grubbs Emergency Services 1115 South Main Street Brooksville, Florida 34601 Date: February 14, 2002 Attention: Mr. John G. Grubbs; President :.., RE: Contract No.: RFP-4127-01/BJC SUBJECT: Certified Co ITEM N0. DESCRIPTION --. -... _.__ ._~_ __.__..__._..._. _ .... _ _ 1 Certified Co THESE ARE TRANSMITTED as checked below: O For your information ^For your signature ^ For approval. ^ Approved as submitted ^ For your use D Approved as noted ^ As requested D Returned for corrections ~ ^ For your action ^ ^ FOR BIDS/RFP DUE , 200 ©For your records ^ Resubmit copies for approval ^For your review & comment ^ Please return to my attention ^ Please respond by , 200_ COMMENTS: COPY TO D. Gregory, I. Barrow, M. Flomerfelt, M. Landgraf P. Andrews, J. Garrett, S. Montgomery Records/LegaUFinance/Project File IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. SIGNED: David Santiago TITLE: Contracts Analyst .~ .~ _ ,. ~. , EMERGENCY DEBRIS MANAGEMENT AGREEMENT (RFP-4127-01/BJC) " THIS AGREEMENT is made and entered into this ('"J day of 0~, by and between GRUBH3 EMERGENCY SERVICES, INC., duly authori d to conduct business in the State of Florida, whose z. . address is 1115 South Main Street,- Brooksville, Florida 34601, hereinafter called the (Primary) "CONTRACTOR" and SEMINOLE~COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida _ .. 32771, hereinafter called the "COUNTY". -~- W I T N E S S E T H: WHEREAS, the COUNTY desires to retain the services of a competent and qualified contractor to provide emergency debris managment services in Seminole County in Seminole .County; and WHEREAS, the COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent and qualified to furnish services to the COUNTY and desires to provide its services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: SECTION 1. SERVICES. COUNTY does hereby retain CONTRACTOR to furnish professional services and perform those tasks as further described in the Scope of Services attached hereto and incorporated herein as Exhibit ~~A". SECTION 2. .AUTHORIZATION FOR SERVICES. Authorization for performance of professional services by the CONSULTANT under this Agreement shall be in the form of written Notice to Proceed issued and CERTIFIED COPY executed by the COUNTY. M~QyarlN~ MORSE CLERK OF CIRCUIT COURT 1 SEMINQI,F C UN , ORIDA BY ~ • DEPUTY CLERK ,, ~ -~ SECTION 3. COMPENSATION AND PAYMENT. (a) The COUNTY agrees to compensate the Primary and Secondary CONTRACTORS for RFP-4127-01/BJC for the services called for under this Agreement fees not to exceed the sum of FIVE MILLION AND NO/100 DOLLARS. ($5,000,000.00) for the initial two (2) year term. CONTRACTOR shall perform all~work required by the Scope of Services but, in no event, shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated above. The CONTRACTOR shall be compensated at the rates as shown on Exhibit "B," Rate Schedule, attached hereto.- (b) Payments shall be made to the CONTRACTOR when requested as work progresses for services furnished, but not more than once monthly. CONTRACTOR may invoice amount due based on percentage of -total required services actually performed and completed. Upon review and approval of. CONTRACTOR'S invoice, the COUNTY shall, within thirty (30) days of receipt of the invoice, pay CONTRACTOR ninety percent (90$) of the approved amount and retain the remaining ten percent (10~) until completion of all remaining work required by the Scope of Services. If COUNTY determines that all work is substantially complete or that work by subcontractors is substantially complete and the amount retained is considered to be in excess, the COUNTY may, at its discretion, release the retainage or portions of.the retainage for al'l work or the specific retainage of individual subcontractors. SECTION 4. BILLING AND PAYMENT., (a) CONTRACTOR shall render to the COUNTY, at the close of each calendar month, an itemized invoice, properly dated including, but not limited to, the following information: (1) The name and address of the CONTRACTOR; (2) Contract Number; 2 .. ', ~ 1 __ . (3) A complete and accurate time record of services performed by the CONTRACTOR for all services performed by the CONTRACTOR during that month and for which the COUNTY is billed; (4) A description of the services rendered~,in _' (3j , above with sufficient .detail to identify the exact nature`~`of the work performed; and (5) Such, other information as may be required. by this Agreement or requested by the COUNTY from time to time. The original invoice shall be sent to: - ~_ Director of County Finance-~ ~ ~ ~ - ~ ~~ -~ Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A duplicate copy of the invoice shall be sent to: Public Safety Department 150 Bush Boulevard Sanford, Florida 32773 (b) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper invoice from the CONTRACTOR. SECTION 5. AUDIT OF RECORDS. (a) COUNTY may perform or have performed an audit of the records of CONTRACTOR after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to CONTRACTOR and COUNTY subsequent to the close of the final fiscal period in which the last work is performed., Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in subsection (b) and of this subsection, and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shall not delay final payment as required by Section 4(b). 3 ,~ , 1 7 -_ (b) The CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidences pertaining, to work performed under this Agreement in such a manner as will readily conform . to the .terms of this Agreement and to make such .materials available at CONTRACTOR's office at all reasonable times during the Agreement period and for five (5)~years from the date of final payment under the contract for audit or inspection as provided for in subsection (a) of this Section. (c) In the event any audit or inspection conducted after final payment, but within the period provided ~n subsection (b) of~ this Section reveals any overpayment by COUNTY under the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by the COUNTY. :SECTION 6. RESPONSIBILITY OF CONTRACTOR. (a) CONTRACTOR shall be responsible for the professional quality, accuracy and the coordination of all plans, studies, reports and other services furnished by CONTRACTOR under this Agreement. CONTRACTOR shall,. without additional compensation, correct or revise any errors or deficiencies in his services. (b) Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required shall be-construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the, COUNTY caused by the CONTRACTOR'S performance of any of the services furnished under this Agreement. SECTION 7. OWNERSHIP OF DOCUMENTS. All deliverable reference data and reports that result from the CONTRACTOR'S services under this 4 Agreement shall become the property of the COUNTY after final payment for. the specific service provided is made to CONTRACTOR. No changes~gr revisions to the documents furnished by. CONTRACTOR shall be made by COUNTY or.its agents without the written approval of CONTRACTOR.` SECTION 8. aT~ERM. This Agreement shall take effect on the date of~ its execution by COUNTY and shall remain in effect for a period of two (2) years. At the option of the COUNTY, this Agreement may be renewed for three (3) additional terms not to exceed two (2) years each. SECTION 9. TERMINATION. ~~ (a) The COUNTY may, by written notice to~ the CONTRACTOR, terminate this Agreement, in whole or in part, at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill CONTRACTOR'S Agreement obligations. Upon receipt of such notice, the CONTRACTOR shall: (1) immediately discontinue all services .affected unless the notice directs otherwise, and (2) deliver to the COUNTY all plans, studies, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the COUNTY, the CONTRACTOR shall be paid compensation for services performed to the date of termination. CONTRACTOR shall be paid no more. than a percentage of the Fixed Fee amount equivale~at to the percentage of the completion of work contemplated by the Agreement.- (c) If the termination is due to the failure of the CONTRACTOR to fulfill his Agreement obligations, the COUNTY may take over the work and prosecute the same to completion by Agreement or" otherwise. In such 5 ,. ~ _, ~ case, the CONTRACTOR shall be liable to .the COUNTY for reasonable additional costs occasioned to the COUNTY thereby. The CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises out of causes beyond the control and without the fault or negligence of~.~he.CONTRACTOR. Such causes may include, but are not limited to, acts of God or of the public enemy, acts of the COUNTY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control ar}d without the fault or negligence of the CONTRACTOR. (d) If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. SECTION 10. EQUAL OPPORTUNITY EMPLOYMENT. CONTRACTOR agrees that it will not discriminate .against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other 6 ., ~~ forms of compensation; and selection for training, including apprenticeship. SECTION 11. NO CONTINGENT FEES. CONTRACTOR warrants that it has not employed or retained any company or persons, other than a bona fide employee working~,solely for the CONTRACTOR, to solicit or secure this Agreement and that CONTRACTOR has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For .the breach- or violation of this , provision, COUNTY shall have the right to terminate the Agreement at its discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, ,percentage, gift or consideration. SECTION 12. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. SECTION 13. SUBCONTRACTORS. In the event CONTRACTOR, during the course of the work under this Agreement, requires the services of any subcontractors or other professional associates- in connection with service covered by this Agreement, CONTRACTOR must secure the prior written approval of the COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. SECTION 14. INDEN~tIFICATION OF COUNTY. The CONTRACTOR. agrees to hold harmless, replace, and indemnify the COUNTY, its commissioners, 7 ___ ~~ ~ officers, employees, and agents against any and all claim, losses, damages or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the. CONTRACTOR, whether caused by the CONTRACTOR or otherwise. This. hold harmless,., release and indemnification shall include any claim based on negligence, action or inaction of the parties. SECTION 15. INSURANCE. (a) General. The CONTRACTOR shall at the CONTRACTOR's own cost, procure the insurance required under this Section. (1) The CONTRACTOR shall furnish the COUNTY- with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Auto Liability, Workers' Compensation/Employer's Liability and Commercial General Liability). The COUNTY, its officials, officers, and employees shall be named additional insured ,under the Commercial General Liability policy. The Certificate of Insurance shall provide that the COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the COUNTY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, the CONTRACTOR shall, at the option of the COUNTY submit a sworn, notarized statement from an authorized S .~ representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in fu7.1 compliance with the requirements of .the Agreement. (3) In addition to providing the Certificate of Insurance, if required by th~.~000NTY, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) Neither approval by the COUNT7~ or failure to disapprove the insurance furnished by CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including CONTRACTOR'S indemnification of COUNTY under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies other than Workers' Compensation must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 940.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of Authority, 2) no 9 '~ longer comply with Section 940.57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the COUNTY and immediately replace the insurance coverage, provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the COUNTY the CONTRACTOR shall be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR'S sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by the CONTRACTOR and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR'S insurance shall cover the CONTRACTOR for liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. The CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both the CONTRACTOR and its subcontractors is outlined in subsection 10 . ~ ~\ ~ ~ ~ ~ \ (c) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal. Employers' Liability Act and any other applicable Federal or State law.. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured. under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $ 500,000.00 (Each Accident) $1,000,000.00 (Disease-Policy Limit) $ 500,000.00 (Disease-Each Employee) (2) Commercial General Liability. (A) The CONTRACTOR's insurance shall cover the CONTRACTOR .for those sources of liability which would be covered by the latest.. edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 O1) , as filed for use in the State of Florida by . the Insurance Services Office, without the attachment of restrictive endorsements other than the .elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: 11 ,, ~ l LIMITS General Aggregate $Three (3) Times the Each Occurrence Limit Personal & Advertising $500,000.00 Injury Limit Each Occurrence Limit $500,000.00 (3) Business Auto Policy. {A) The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 O1) , as filed for use in .the- State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non-owned and hired autos. (B) The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, the CONTRACTOR shall maintain separate aggregate limits of coverage. applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by the CONTRACTOR shall be a minimum of three (3) times the per accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: LIMITS Each Occurrence Bodily $500,000.00 Injury and Property Damage Liability Combined 12 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary basis and any other insurance pr self-insurance maintained by the COUNTY or the COUNTY's officials, . officers, or employees shall be excess of and not contributing with the.: insurance provided.,by or on behalf of the CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be .provided on an occurrence rather than a claims-made basis.. (f) Obligations. Compliance with the foregoing insurance requirements shall not relieve the CONTRACTOR, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. SECTION 16. ALTERNATIVE DISPUTE. RESOLUTION (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY ADR procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY ADR. procedures for proper invoice and payment disputes are set forth in Section 55.1, "Prompt Payment Procedures," Seminole County Administrative Code. Contract claims include all controversies, except disputes. addressed by the "Prompt Payment Procedures," arising under this Agreement and ADR. procedures therefor are set forth in Section 220.102, "Contract Claims," Seminole County Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the COUNTY ADR procedures set forth in subsection (a) above of which the CONTRACTOR had knowledge and failed to present during the COUNTY ADR procedures. 13 (c) In the event that COUNTY ADR procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation.' Mediator selection and the procedures to be employed in voluntary mediation shall :.be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. SECTION 17. REPRESENTATIVE OF COUNTY AND CONTRACTOR. (a) It is recognized that questions in .the day-to-day conduct of performance pursuant to this Agreement will arise. µ~The COUNTY, upon request by CONTRACTOR, shall designate in writing and shall advise CONTRACTOR in writing of one (1) or more COUNTY employees to whom all communications pertaining to the day-to-day conduct of the Agreement shall be addressed. The designated representative shall have the authority to transmit instructions, receive .information and interpret and define the COUNTY'S policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall, at all times during the normal work week, designate or appoint one or more representatives of CONTRACTOR who are authorized to act on behalf of CONTRACTOR regarding all matters involving the conduct of the, performance pursuant to this Agreement and shall keep COUNTY. continually advised of such designation. SECTION 18. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are not commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. 14 . ~ ~ ~ ~~ Accordingly, it is agreed that no deviation from the terms hereof Shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 19. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 20. INDEPENDENT CONTRACTOR. It .is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of copartners between the parties, or as constituting the CONTRACTOR including its officers, employees, and agents, the agent, representative, or employee of the COUNTY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain an independent contractor with respect to all services performed under this Agreement. SECTION 21. EMPLOYEE STATUS. Persons employed by the CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment com- pensation, civil service or other employee rights or privileges granted ._ to the COUNTY's officers and employees either by operation of law or by the COUNTY. SECTION 22. SERVICES NOT PROVIDED FOR. No claim for services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the COUNTY. SECTION 23. PUBLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is 15 ~1 1 required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of .the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 24.;,~ NOTICES. Whenever either party desires to give notice unto. the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such .until it shall have been changed by written notice in compliance with the provisions of, this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: FOR COUNTY: Public Safety 150 Bush Boulevard Sanford, Florida 32773 FOR CONTRACTOR: Grubbs Emergency Services, Inc. 1115 South Main Street Brooksville, Florida 34601 SECTION 25. RIGHTS AT LAW RETAINED. The rights and remedies of the COUNTY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. SECTION 26. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, r~zles, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the COUNTY to terminate this Agreement 16 ~ , ~ ~\1 immediately upon delivery of written .notice of termination to the CONTRACTOR. SECTION 27. CONFLICT OF INT$REST. (a) The CONTRACTOR agrees that it will not engage in any action that would create, a conflict of interest in the performance of its obligations .pursuant to this Agreement' with .the COUNTY or which would violate or cause others to violate- the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) The CONTRACTOR hereby certifies that no'officer, agent or employee of the COUNTY has any material interest~(as defined in Section 112.312(15), Florida Statutes, as over 5~) either directly or indirect- ly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ATT GRUBBS E RGENCY SERVICES, INC. By: Secretary GRUBBS, President (CORPORATE SEAL) Date: 17 ~ ~ `~ ATTEST: RSE e to-the Board of County Commissioners of Seminole County, Florida. S For the use .and reliance of Seminole County only. Approved as to form and legal sufficiency. AC/lpk / 12/21/01 / RFP-9127-ges OF COUNTY COMMISSIONERS SE N E C UNTY, FLORIDA By: DARY G. MCLAIN, Cha rman Date : ~ ~ d ~~~ :: As authorized for execution by the Board of ounty Commissioners at their ~ ~' , 20 ~•Z-, regular meet ng. Attachments: Exhibit "A" - Scope of Services Exhibit "B" - Rate Schedule 18 .. ~ • , •. l REQUEST FOR PROPOSALS - RFP-4127-01/BJC Emeraencv Debris Manaaement Pre-Even# Contract PROJECT OVERVIEW Seminole County is requesting proposals from qualified firms to enter into apre-event contract at no immediate cost to the County,to ensure post-disaster economic recovery of the community. The services necessary shall provide for the collection, clean-up, demolition, removal, processing and disposal of debris as directed by the County or its designee in order to eliminate immediate threats to life, public health and safety. The services are required to reduce threats of significant damage to improved public or private property. Disaster Recovery Technical Program Management Assistance is an essential element of the services to ensure the economic recovery of Seminole County. Multiple Proposers may be selected to provide differing elements or levels of scope of work in accordance with the capabilities and extent of involvement each respondent proposes. --- Disaster Recovery Contractor Services may include: collecting and removing debris including the clearing of roads; screening, sorting, grinding, mulching; burning and disposing of debris at designated sites within Seminole County; establishing and operating temporary debris staging and processing sites; providing project management services including emergency communications; and assisting the County's FEMA reporting and reimbursement efforts. In addition, selected Contractors may be required to provide community relations support during all phases of the disaster recovery work which may include preparing audio/visuals and fact sheets, and participating in public meetings. SCOPE OF SERVICES The work to be undertaken includes, but is not limited to, the following: Emergency Road Clearance -Removal of debris from the primary transportation routes as identified and directed by the County or its designee. The Contractor shall trim, cut and/or fell all leaning trees or hanging limbs which block transportation routes. _ Debris Removal from Public Right of Way -Removal of debris from public rights-of-way. Removal of debris beyond public rights-of-way as necessary to abate imminent and/or significant threats to the public health and safety of the community. The Contractor shall segregate the debris to the extent practical. Clean, woody debris and other natural materials that can be chipped, mulched, burned or volume reduced in some other manner shall be handled separately from other debris. • The Contractor shall remove all stumps that are determined to be hazardous to public access and as directed by the County or its designee. Stumps shall be hauled to Temporary Debris Staging and Processing Facilities (TDSPF) where they shall be inspected and categorized by size. The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of the County or its designee. 13 .1 • Demolition and Debris Removal from Public (other than ROWs)- or Private Pro e p rty -Should an imminent threat to.life, safety, and health to the general public be present on public or private property, the Contractor, as directed by the County or its designee, will accomplish the removal of debris from public or private property. All access to private property shall follow FEMA guidelines. Temporary Debris Staging and Processing Facilities (TDSPF) -The Contractor and the County or its designee will jointly review and agree upon alternative sites for debris management. The Contractor will thoroughly videotape and~photograph each site prior to any usage. The Contractor will operate and maintain a sufficient number of TDSPF to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include, but is not limited to maintenance and stabilization of the TDSPF approach and interior road(s) roads necessary for ingress and egress for the entire period of debris hauling. The Contractor shall provide fencing to control wind blown debris, silt fencing and water retention berms. Each facility shall include a roofed. inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and outgoing loads. The Contractor shall construct an area for temporary offices and other items necessary ~ to perform operations and management. , All debris shall be subject to inspection by the County or its designee. Inspections will be to ensure compliance with the contract and applicable local, state and federal laws. The Contractor will, at all times, provide the County or its designee access to all work sites and processing and disposal areas.. The Contractor and the County will have in place at the TDSPF personnel to verify and maintain records regarding the contents, volume and/or weight of the vehicles entering and leaving the TDSPF. The Contractor shall process all debris entering the TDSPF. Processing includes, but is not limited to, tub grinding, incineration where approved, or other alternate methods of reduction. Prior to processing, all debris will be segregated among .vegetative debris, construction and demolition (C&_D) debris, recyclable debris, white goods and hazardous wastes. The Contractor shall be responsible for the transporting and removing of-all materials not requiring landfilling. All .debris to be landfilled shall be delivered by the Contractor to the Seminole County Landfill located at 1930 Osceola Road in Geneva. The Contractor shall not transport hazardous materials to the TDSPF or other sites that are not specifically authorized to accept such materials. The County shall independently contract for the hazardous waste disposal. The Contractor shall be responsible for,proper handling and storage of any hazardous materials brought to the TDSPF. The Contractor shall furnish ~an area at each TDSPF to accommodate any hazardous materials inadvertently brought to the facility. The area shall be lined with impervious material surrounded with berms or other containment structures to.contain any potential leakage. All processing shall be performed in accordance with all local, state and federal regulations. The Contractor shall: be responsible .for obtaining and paying for all permits required to construct, operate, maintain, close and reclaim the TDSPF. The Contractor shall maintain the TDSPF in accordance with all local, state and federal regulations, including at a minimum stormwater management, erosion, rodent, insect, odor and fire control. The Contractor shall ensure that site reclamation be accomplished in accordance with all local, state and federal regulations. The Contractor will remove all equipment and debris, grade, sod, seed and mulch in order to return the site to pre-event status. Disaster Recovery Technical Program Management Assistance -The Contractor will assist the County or its designee in preparation of Federal (FEMA) and State reports for any potential reimbursement 14 .l _.~ through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, • FEMA and other applicable State and Federal Agencies to ensure that eligible items and data documentation appropriately address concerns of the likely reimbursement agencies. At a minimum, the Contractor will provide the following technical program management assistance for recovery; - • Identify the expenditures eligible for reimbursement • Submit official "Request for Project Worksheets (PW) " • Train and assist County staff to identify eligible items for reimbursement and review PW for accurate scope of work and unit costs. • Assist County staff to create and maintain the recovery process documentation plan. • Provide recommendations to the County on need. to contract for labor or project management for projects requiring intense oversight. • Track PW through State and Federal process • Provide written and oral status reports as requested to the County.. • Review documentation for applicability to State and Federal requirements- • Provide orientation and training to County staff on accuracy, quantity and quality of required documentation. •~-- Review documentation for accuracy, quantity and quality. • Assist in preparation of claim documentation. Provide recommendations to County on plans of action • Provide guidance to County on issues involving State and Federal reimbursement. • Assist County in negotiations with State and Federal agencies. The Contractor shall accompany and assist the County or its designee in assessing and preparing PW for submittal to State and Federal agencies The Contractor shall provide all records, disposal tickets, field inspection reports and other data sufficient to provide substantiation for State and Federal reimbursement applications. The Contractor- shall review all reimbursement applications prepared by the County or its designee. prior to submittal for sufficiency in meeting the reimbursement requirements of these agencies and notify the County of any recommended changes, corrections, alterations or deletions. The Contractor shall assist the County or its designee in responding to State and Federal agency requests for additional information. 15 . ~\ EVENT SCENARIOS Contractor Responsibilities 1. SPOT JOBS -LOCALIZED - In this event, the Contractor may. be called upon only to provide retrieval, hauling and/or reduction of localized woody debris. The work will more likely be assisting government resources. 2. SMALL EVENT -WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide al{ necessary supervision, labor, and all equipment to remove, haul, process, and/or dispose of all types of debris with its own resources, except that governrrient land may be provided for temporary storage. 3. SIGNIFICANT EVENT -REMOVAL, REDUCTION, HAULING -WOODY DEBRIS ONLY -WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide all necessary supervision, labor, and all equipment to remove, process and haul woody debris to a disposal site designated, managed, and operated by a government agency or contractor. 4. SIGNIFICANT EVENT -REMOVAL, REDUCTION, HAULING, AND SEPARATING MIXED DEBRIS - WIDESPREAD OR COUNTYWIDE - In this event, the Contractor may provide all necessary supervision, labor, and all equipment to remove, process and haul woody debris to a disposal site designated, managed, and operated by a government agency or contractor. 5. CATASTROPHIC EVENT -REMOVAL, REDUCTION, HAULING, AND SEPARATING MIXED DEBRIS - COUNTYWIDE - In this event, the Contractor may provide all necessary supervision, labor, and ,all equipment to remove, process and haul mixed debris to multiple disposal sites designated, managed and operated by government agencies or contractor. 6. CATASTROPHIC EVENT -SITE MANAGEMENT -COUNTYWIDE - In this event, the Contractor will be tasked to plan, setup, mobilize equipment, manage, operate and close one or more debris management sites county-wide. The Contractor will be responsible for all necessary traffic control, weighing, measuring, reduction, recycling, and all other necessary operations for the operation of the site(s) through close out. Proposers shall prove experience with site management and FEMA requirements, rules and regulations to qualify for this scenario. 7. CATASTROPHIC EVENT -TOTAL MANAGEMENT -COUNTYWIDE - In this event, the Contractor will be tasked to combine site management and field operations listed above for the removal through disposal of mixed debris at multiple and different type sites countywide. Proposers shall prove experience with overall management and FEMA requirements, rules and regulations to qualify for this scenario. The proposer shall provide price proposals. for three categories of work on the price proposal sheet for the scenarios indicated above. D. Debris Removal and transportation to TDSPF or Osceola Rd Landfill: means all work collecting and transporting debris to the TDSPF or Osceola Road Landfill. This work does not include operation of the TDSPF (i.e., the price for this work includes collection and transportation of debris only. If Item C. work is conducted, no charges for item A. are allowed). E. TDSPF Operation: means all work related to the set-up, operation, clean-up, and restoration of the Temporary Debris Staging and Processing Facilities including debris processing and removal of debris (the price for this work does not include any collection or transportation costs). The County will pay for this work only if a TSPF is set up and operated by the contractor. F: Structure Demolition and transportation of Structure Debris to TDSPF or Osceola Road Landfill: means all work related to the demolition of a structure, on-site segregation of materials if necessary, 16 ~1 and transportation of the debris to the TDSPF or Osceola Road Landfill. This work does not include operation of the TDSPF (also, if item C. work is conducted no charges for Item A. are allowed).. CONTRACTOR The Contractor shall furnish all necessary personnel, materials, equipment, labor, supervision, facilities and shall otherwise provide all services necessary for, or incidental to the pertormance of all work as defined in the scope of services. The Contractor shall ensure that any subcontractor utilized to assist in the execution of the scope of services shall meet or exceed the same requirements of the Contractor. The Contractor shall secure and pay for all temporary permits and licenses necessary for the execution of services. Upon declaration of an emergency or disaster, the Contractor shall not be held responsible to secure permits and licenses should requirements be waived by local or state regulatory agencies. Under general oversight of the County or its designee, the Contractor shall supervise dnd direct all work, labor and equipment. The Contractor is solely responsible for the means, methods, techniques, safety program and procedures utilized. The Contractor shall employ and maintain on the work site(s) qualified and accessible supervisor(s) or provide the County a liaison, as directed. At least one accessible and designated supervisor or liaison in the area of operation shall be available and have authority to act on behalf of the Contractor. All communications given to the liaison in writing by the County shall be as binding as if given. to the Contractor. The name(s) and telephone number(s) of the. supervisor(s)/liaison(s) shall be supplied to the County or its designee for each issuance of a Notice to Proceed. The Contractor shall have the ability to guarantee operations, and pay subcontractors fQr 60 day(s) prior to receiving payments from the County. The Contractor shall provide up to forty (40) hours annually of on-site pre-event planning and coordination services as directed by the County. The Contractor shall, to the extent practical, give priority to utilizing resources in Seminole County 'and the surrounding area, including, but not limited to procuring supplies and equipment, awarding subcontracts and employing labor. The Contractor shall make daily report to the County or its designee to detail the progress of services. Such reports shall include a description of all areas where work was done, detailing the street names, and address blocks where debris removal was completed. The reports must also include the types and volumes of debris removed, transported, processed and disposed. 17