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HomeMy WebLinkAbout2010 09 13 Consent 208 Agreement With Ashbritt Environmental COMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 208 PUBLIC HEARING REGULAR September 13, 2010 MGR /DEPT / / Meeting Authorization REQUEST: Public Works Department Requesting the City Commission authorize executing an Agreement with Ashbritt Environmental for storm debris removal by piggybacking off their current contract with Orange County SYNOPSIS: This Board item is needed to continue to have a debris removal contract in place should a storm event occur that requires the utilization of these services. This a requirement of FEMA to be eligible for reimbursement for Federally declared disasters. CONSIDERATIONS: The City Commission approved on September 8, 2008 an agreement with Ashbritt Environmental for debris removal by piggybacking off of the City of Casselberry's bid. The Casselberry agreement will be ending this fall and FEMA requires the underlying agreement to be active for piggyback contracts. Orange County has bid debris removal services this year and awarded a three year contract to Ashbritt — Contract #Y10 -113C. The pricing is virtually the same as the Casselberry agreement and in some cases less than was used with Grubbs in the 2004 hurricanes. The terms, conditions and rates for the City of Winter Springs will be exactly the same as Orange County's. There is no cost to enter in this agreement. The current Ashbritt is attached which the City Attorney will use for the new agreement with any changes deemed appropriate. The proposed agreement will be for three years with up to two renewals for one year each. Ashbritt provides annual planning and training sessions for City staff for no charge. Ashbritt has our current Debris Management Plan incorporated into their Action Plan. September 13, 2010 Consent Agenda Item 208 Page 2 FISCAL IMPACT: No funding is required at this time. The contract value is limited to $500,000 unless approved by the City. Depending of the scope of a storm event requiring these services, the funding source will likely be the Storm Reserve Fund. COMMUNICATION EFFORTS: The debris removal contract is reviewed annually with the parties involved as part of our hurricane preparedness meetings. RECOMMENDATION: It is recommended that authorization be given for City Manager and City Attorney to prepare and execute any and all documents necessary to contract with Ashbritt Environmental for storm debris removal services by piggybacking off Orange County # Y10 -113C. ATTACHMENTS: 1. Current Ashbritt Contract with City of Winter Springs COMMISSION ACTION: D 2 n [F t if AGREEMENT FOR DEBRIS REMOVAL SERVICES THIS AGREEMENT is made and entered into this day of 2008, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as "City ", located at 1126 E. State Road 434, Winter Springs, Florida 32708, and ASHBRITT, INC., a Florida Corporation, authorized to conduct business in the State of Florida, whose address is 480 S. Andrews Ave, Suite 103, Pompano Beach, Florida 33069 hereinafter referred to as "Contractor. ". WITNESSETH: WHEREAS, City has a need to obtain a contractor to assist in the expedient removal of storm debris within the corporate limits of the City of Winter Springs which may result from storm or manmade events; and WHEREAS, Contractor currently has a contract with the City of Casselberry for the removal of storm debris; and WHEREAS, pursuant to section 2-152(aXi) of the Winter Springs Code, the City Commission, on September 8, 2008, approved awarding a contract to Contractor by piggy - backing off the City of Casselberry contract subject to modification by the City Attorney; and WHEREAS, the modifications made by the City Attorney, and approved by the parties hereunder, do not affect the pricing or scope of services set forth in the Casselberry contract, rather said modifications address technical contract form provisions which the City of Winter Springs requires in its contracts; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 ENGAGEMENT. On an as needed basis, the City hereby engages the Contractor, and the Contractor agrees, to perform the scope of work for debris reduction and site management, and debris removal as specifically set forth in ATTACHMENT i, which is attached hereto and fully incorporated herein by this reference. The work shall be performed at the compensation rates set forth in the Bidding Schedules incorporated into ATTACHMENT 1, The City reserves the right, at its discretion, to perform any work related to this Agreement or to retain the services of other contractors to provide debris reduction and site management, and debris removal services. Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 1 2.0 SAFETY Contractor shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, and subcontractors while performing the work required hereunder. 3.0 INSURANCE At all times when performing work under this Agreement, Contractor shall be responsible for providing the types of insurance and limits of liability as follows: 3.1 The Contractor shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of property damages and personal injury which may arise from any work performed under this Agreement whether such work is performed by the Contractor or by anyone directly employed by or contracting with the Contractor. 3.2 The Contractor shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Contractor from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned vehicles, including rented vehicles whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor. 3.3 The Contractor shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law for all of its employees performing work for the City pursuant to this Agreement. 3.4 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained at all times when Contractor is performing work under this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 10.1.a and 10.1.b herein, as its interest may appear, from time to time. 3.5 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Contractor shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Contractor or off -set the purchase price from any monies owed Contractor under this Agreement. If billed, the Contractor shall immediately forward funds to the City in full payment for Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 2 said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 10.1.a and 10.1.b as "additional insured." Further copies of all relevant policies will be provided to the City. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Contractor in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all work performed pursuant to this Agreement, the Contractor shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 4.0 COMPLIANCE WITH LAWS AND REGULATIONS Contractor shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of work under this Agreement. 5.0 REPRESENTATIONS • 5.1 Contractor represents that the work provided hereunder shall conform to all requirements of this Agreement and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the work rendered. Contractor shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the work performed hereunder. The Contractor's designated representative shall have the authority to act on Contractor's behalf with respect to the work. In addition, Contractor's representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the work. The Contractor shall review Iaws, codes, and regulations applicable to the work. The Contractor's work shall comply with all applicable requirements imposed by all public authorities. The Contractor represents and warrants that it is familiar with, and accepts that it will perform the work hereunder in a manner that complies with all applicable requirements of law, codes, and regulations. 5.2 Contractor represents that all principals, employees, subcontractors, and other personnel furnishing such work shall be qualified and competent to perform the work assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 6.0 DOCUMENTS/PUBLIC RECORDS It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 3 record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement cha11 at any and all reasonable times during the normal working hours of the Contractor shall be open and freely exhibited to the City for the purpose of examination and/or audit. 7.0 ASSIGNMENT 7.1 Contractor shall not assign or subcontract this Agreement or any rights or any monies due or to become due hereunder without the prior, written consent of City. 7.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Contractor, Contractor shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 7.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Contractor who shall take immediate steps to remedy the situation to the City's satisfaction. 8.0 INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be considered an independent contractor and not an employee of the City. 9.0 TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work properly performed prior to the effective date of termination. 10.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 11.0 HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 12.0 SEVERABILITY In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 4 equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 13.0 WAIVER AND ELECTION OF REMEDIES 13.1 Waiver by either party of any term, condition, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 13.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 14.0 ENTIRE AGREEMENT This Agreement, including Attachment 1 attached hereto, constitute the entire agreement between City and Contractor with respect to the work specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 15.0 NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 16.0 ATTORNEY'S FEES Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 17.0 DRAFTING City and Contractor each represent that they have both shared equally in drafting this Agreement and no party shad be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 18.0 NOTICE 18.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Contractor: 480 S. Andrews Aveune, Suite 103 Pompano Beach, Florida 33069 ) Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 5 For City: City of Winter Springs/ Public Works Department Attention: Public Works Director 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327 -5989 FAX: (407) 327 -6695 18.2 Either party may change the notice address by providing the other party written notice of the change. 19.0 SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 20.0 CORPORATE REPRESENTATIONS BY CONTRACTOR Contractor herebyrepreseits and warrants to the City the following: 20.1 Contractor is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. 20.2 The undersigned representative of Contractor has the power, authority, and legal right to execute and deliver this Agreement on behalf of Contractor. 21.0 INDEMNIFICATION 21.1 Contractor shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed by the Contractor in the performance of the Agreement. Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 6 21.2 Contractor shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Contractor's breach and caused by other persons employed by the Contractor in the performance of the Agreement. The indemnity provisions set forth in Paragraphs 21.1 and 21.2 shall be considered separate and independent indemnity provisions. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY OF WINTER SPRINGS * CON • R: By: tint Nam itle: / &v1.✓ L. SA 741 Print e/Title: . O.O Gr T - , .444/4 GNL ATTEST: i lark * THIS AGREEMENT IS ONLY VALID AGAINST THE CITY UPON APPROVAL BY THE CITY COMMISSION OF WINTER SPRINGS AND SIGNATURE BY EITHER THE MAYOR OR CITY MANAGER. Continuing Engineer Services Agreement City of Winter Springs and Ashbritt, Inc. 7