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HomeMy WebLinkAboutR2006-19 Agrmnt with Phillips & Jordan for Debris Removal• • RESOLUTION 2006-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH PHILLIPS & JORDAN, INC. FOR THE PURPOSE OF PROVIDING FOR AND SECURING HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL FOR THE VILLAGE; APPROVING THE TERMS AND PROVISIONS CONTAINED WITHIN AN AGREEMENT BEING PIGGY BACKED BY THE VILLAGE BETWEEN SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND PHILLIPS & JORDAN, INC. FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND . DISPOSAL ATTACHED AS EXHIBIT "A"; APPROVING THE LETTER AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PHILLIPS & JORDAN INC. ATTACHED AS EXHIBIT `B", AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the terms and provisions set forth in an agreement upon which the Village is piggy backing between Solid Waste Authority of Palm Beach County and Phillips & Jordan, Inc. for Hurricane/Disaster Debris Removal, Reduction and Disposal attached as Exhibit "A." Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the letter agreement between the Village of North Palm Beach and Phillips & Jordan, Inc. attached as Exhibit "B." Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the letter agreement with Phillips & Jordan, Inc. set forth in Exhibit `B" for and on behalf of the Village of North Palm Beach. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF MARCH (Village Seal 'ATTEST: VILLAGE CLERK YOR EXHIBIT "A" SWA S'tIU 10111STE AUTHORITY CONTRACT FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION, AND DISPOSAL BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND PHILLIPS & JORDAN, INC. CONTRACT NO. 01-252 TABLE OF 1 co.NTEIvT& ARTICLE PAGE 1. Effective Date/Term 1 2. Services to be Performed by Contractor 1 3. Compensation 4. Insuran.ce 2 5. Standard of Care 3 6. Indemnification 4 7. independent Contractor 4 8. Authority to Practice 4 9. Compliance with Laws 5 10. Sub -contracting 5 1 1. Federal and State Taxes 5 12. Availability of Funds . 5 13. Authority's Responsibilities 14. Termination of Contract 5 15. Uncontrollable Forces 6 16. Governing Law and Venue fi 17. Non -Discrimination 6 18. Waiver 7 19. Severability 7 20. Entirety of Contract 7 21. Modification 7 22. Successors and Assigns 7 23. Contingent Fees 8 24. Truth -in -Negotiation Certificate 8 25. Ownership of Documents 8 26. Access and Audits 8 27. Notice 9 28 Contract Administration 9 29, Key Personnel o 30. Minority/Women 13usiness Enterprise (M/WBE) 10 31. Confidentiality 10 32.. Escalation Clause I 33. Order of Contract !'activation 10 34. Task Order/Performance 11 35. Bonds 11 Contract Execution .. I2 Contract No. (1 i -252 -1- Contract for Professional Services Contract No. 01-252 This Contract, between the Solid Waste Authority of Palm Beach County, a special district created by Ch. 75-473, Laws of Florida, as amended, (hereinafter referred to as AUTHORITY) and Phillips & Jordan, Inc. (hereinafter referred to as CONTRACTOR). a North Carolina Corporation, whose Federal Employer Identification Number is 56-0694573: Whereas. AUTHORITY requires the removal, reduction, and disposal of hurricane/disaster debris. Whereas, CONJ'RACT'OR represents it is capable and prepared to provide such services. Now, ther'efn'e, in consideration of the promises contained herein, the panics hereto auree ..s follows: .ARTICLE .1 - EFFECTIVE DATE/TERM The effective date of this Contract shall be June 14, 20t'l. Term of Contract shall be for a three (3) year period, unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Contract for one (I) additional three (3) year period at the same terms and conditions with approval from the AUTHORITY's Governing Hoard_ Such extension shall be in the form of a written Amendment to the Contract executed by both parties. The continuance of this Contract from year to year is contingent upon successful annual recertification of the CONTRACTOR'S capabilities. The reccrtiticaton process will be a review of the fiscal (bankruptcy, etc), logistical (equipment availability, etc,), and moral (conviction for environmental crime, conviction for crime against a public entity, etc.) responsibility of the CONTRACTOR and a determination by the AUTHORITY, based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the services described in this Contract. :'sI TICI_E 2 - SERVICES J'U BE PERFORMED BY CONTRACTOR CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, a', may be snrcifca.11y authorized by the AUTHORITY. Such authorization., wilt be re'`crred to as TM::I: Orders" Each 1 ask Order will set forth ;-1 specIfic s:cro c, services, r<te/arnount com1)cnsaticn- ccrplct'an date, and other pertinent deta,ls of 1ho task ,>0II1 ::.u;.ti",.:1 t, ;'t]. 'nntrac: 1.2 1 Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for cach person and not loss than $1,000,000 for each accident and with property damage limits of not less than $1,000,000 for each accident. 3. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than 5500,000 for each accident, $500,000 for each disease, and $500,000 aggregate. Excess Liability Insurance with limits of not Tess than S10,000,000 for each occurrence and annual aggregate. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusions, said exclusions shall be so indicated on the ccrtificate(s) of insurance. CONTRACTOR shall furnish AUTHORITY certificates of insurance which shall include a provision that policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the AUTHORITY. CONTRACTOR shall include AUTHORITY as an additional insured on the General Liability and Automobile Liability insurance policy required by the Contract. All of CONTRACTOR'S sub -contractors shall be required to include AUTHORITY and CONTRACTOR as additional insured on their General Liability insurance policies. In the event that sub -contractors used by the CONTRACTOR do not have insurance, or do not meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub -contractor's insurance coverage. The CONTRACTOR shall not commence work under this Contract until all insurance required as stated herein has been obtained and such insurance has been approved by the AUTHORITY. ARTICLE 5 - STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and CONTRACTOR shall, at no additional cost to AUTHORITY, re-perforrn services which fail to satisfy the foregoing standard of care. The CONTRACTOR warrants that ail services shall be performed by skil`te:i and competent personnel to the highest professional standards in the field. C'catract No. 01-252 ; - 06/07/0 ARTICLE 9 - COMPLIANCE WITII LAWS In performance of the services, CONTRACTOR will comply with applicable regulatory requirements including federal, state, special district, and Local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 10 - SUB -CONTRACTING The AUTHORITY reserves the right to accept the use of a sub -contractor or to reject the selection of a particular sub -contractor and to review the capabilities of any sub -contractor to perform properly under this Contract. Rejection of any sub -contractor will be based on, but not limited to, negative references, insufficient resources, or conviction of a Public Entity Crime. If a Sub -contractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the sub -contractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new sub -contractor by the AUTHORITY. ARTICLE 11 - FEDERAL AND STATE 'TAXES The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHORITY will provide an exemption certificate to CONTRACTOR_ The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONTRACTOR be authorized to use the AITI'HORITY'S Tax Exemption Number in securing such materials. ARTICLE 12 - AVAILABILITY OF FUNDS The obligations of the AUTHORITY under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Governing Board of the AUTHORITY. AR'I'ICLE 13 - AUTHORITY'S RESPONSIBILITIES AUTHORITY shall he responsible for providing access to all project sites, and providing information required by CONTRACTOR that is available in the files of the AUTHORITY. ARTICLE 14 - TER.MINATIC lsl OF CO:V',1'1ZAC 1' This Contract may he terminated by the CONTRACTOR: lipon thirty (30) days prior written notice to the AUTHORITY in the event of substantial failure by the AUTHORITY to perform in accordance with the terms of the Contract through no fault of the C_ONIRACTOR. It may also he terminated by the AT �uit'.1 or without immediately 1 causey upon wrrttcn metre:, to the CONTRACTOR Unless the CONTf a CI'OR is in breach „fthis ,t -ontract No. 01 "2 0610 .'0 ARTICLE 18 - WAIVER waiver by either AUTHORITY or CONTRACTOR of any breach of this Contract shall not he binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 19 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Contract, or the occurrence of any event rendering any portion or provision of this Contract void, shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of t.Lc stricken provision. The provisions of this section shall not prevent the entire Contract from being void should a provision which is of the essence of the Contract be determined to be void. ARTICLE 20 - ENTIRETY OF CONTRACT The AUTHORITY and the CONTRACTOR agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. This Contract supersedes all prior contracts, proposals, representations. negotiations, letters or other communications between the AUTHORITY and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 21 - MODIFICATION The Contract may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY and CONTRACTOR. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 22 - SUCCESSORS AND ASSIGNS AUTHORITY and CONTRACTOR each binds ;tself and its partners, successors, assigns and legal representatives to the other party to this Contract and to the partnars, s;.Icccssors, executers, :°!1'.:inistrators, a;-,'sii',i' , and lf.g::l repro :...._,...res. C(.)NTR ( (.)l? ::ri }} is t 1 tliJ CA;;:::._::t without the express written a.r)'?ro`.'al or the .. `,J l if P ITV .,;,, C':)na ct No. 01_. -7-- i;!,pO7i01 ARTICLE 27 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall b: in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To-AUTIIWTY Solid Waste Authority of Palm Beach County 7501 N. Jog Road West Palm Beach, Florida 33412 Attention: Executive Director As To°CONTRACTO12.. Phillips R. Jordan, Inc. 8940 Gall Blvd. Zephyrhills, FL 33541- 7407 Attention: Contract Administrator Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will he deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between represcn.tatives of CONTRACTOR and AUTHORITY. ARTICLE 28 - CONTRACT ADMINISTRATION Services of CONTRACTOR shall be under the general direction of Mark Eyeington, Director of Operations, or his successor, who shall act as the AUTHORITY'S representative during the teuli of the Contract. ARTICLE 29 - KE PERSONNEL CONTRACTOR shall notify AUTHORITY io the event of key personnel might *-oti,aci changes which ni�ht affect this Contract. Notification shall be made vvithill five (5) days of said changes. AUTI:ORITY has the riplit to reject proposed cimngcs in kcy personnel and rescind this Contract. The fc.)1lowing personnel shall be considered key personnel: Ben Turm!r 2 ARTICLE 34 - TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to by the CONTRACTOR and AUTHORITY. Performance will be measured by the metrics established in each Task Order. After 113 and again after 2/3 of the stipulated number of days of work in the Task Order have elapsed, the CONTRACTOR(s) shall provide a written progress report to the AUTHORITY for review and acceptance. The AUTHORITY shall have the right to correct for vendor default or underperformarce by any means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work performed under each Task Order. The daily report shall he submitted by i 1:00 a.m. or earlier the following morning_ ARTICLE 35 - BONDS CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CON TRACTOR'S Proposal Bond will be returned to the Contractor in exchange for and acceptance of an appropriate size bond as determined by the ALIT HORITY after assessment of damage and definition of thc CONTRACTOR'S scope of service. In case of hurricane caused damage, a Category I storm would require a $2,000,000 Bond, a Category Il would require a $4,000,000 Bond, a Category ill would require a $6,000,000 Bond, a Category IV would require a $8,000,000 Bond, and a Category V would require a $10,000,000 Bond. The Bond required would be a Perfoniance and Payment Bond. The cost of the Bond is included in thc unit rates in the Fee Schedule, Exhibit B. The CONTRACTOR shall maintain the Proposal Bond in effect until the Performance and Payment Bond is submitted to and accepted by the AUTHORITY. If the CONTRACTOR fails to supply a Performance and Payment Bond, the AUTHORITY shall be entitled to retain the Proposal Bond to rectify the CONTRACTOR'S unacceptable performance. Pending successful annual CONTRACTOR re -certification, the Proposal Bond shall he in effect for the entire term of the Contract except for the period(s) of time when a Performance and Payment Bond is ir. effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Contract No 0l-22 S In Witness Whereof, a..: Solid Waste Authority ot Palm Beach County, and have executed this Contract all as of thc day and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: Wi mess: Approved as to Form and Legal SufTiciency: By: General Counsel to the Authoriy Attest: 71 .r. Corporate Secretary Wit 'SS: 1. Con trael No. By: Donald L. Lockhart Executive Director PHILLIPS & .JORDAN, INC.: 13y: (Corporate &WO Name: 12 06,107.rr; I Exhibit A SCOPE OF WORK SECTION 1 PROJECT DESCRIPTION AND REQUIREMENTS The CONIRAC"IOR shall remove and lawfully dispose of disaster -generated debris (other than hazardous materials and household putrescihle garbage) from public property and public right-of- ways, and setup and operate Debris Management Sites in Palm Beach County, Florida, immediately after a hurricane or other disaster. The CONTRACTOR shall assemble, direct, and manage a work force that can complete the debris removal from public streets, public roads, right-of-ways, and other public property in a maximum of 90 days. The duration of effort/completion dates of all tasks will be determined jointly by the AUTHORITY and CONTRACTOR. This determination will be set in writing in the atiprooriaic Task Order(s). The CONTRACTOR shall perform all work in accordance with FEMA guidelines in order to maximize recovery of reimbursable expenses. This task shall include the provision of audit quality documentation as required by and acceptable to FEMA for all work accomplished. The CONTRAUI OR may be required, at the AUTHORITY's discretion, to be under the direction of an agent of the AUTHORITY. While intended to cover debris management needs to any major disaster scenario, the primary focus of this Contract is on the work resulting from hurricane damage to Rahn Beach County. SECTION 2 BACKGROUND A. Introduction The AUTHORITY'S Debris Management Plan that describes the general needs and approaches for handling large volumes of debris after a major disaster and provides general information on debris classifications, local hauling, and disposal capabilities and capacities, and considerations for temporary Debris Management Sites is part of this Contract as Exhibit C. The AUTHORITY'S disaster recovery planning includes considerations for removing and processing the volumes and types of debris expected to be generated by a major disaster such as a hurricane and the procedures for disposing of that debris. The planning approach is formulated in part on the concept of strategic pre-posttioning of plans and resources necessary for timely; coordinated recovery operations, including removal of debris from public property and right-of-ways throughout Palm Beach County using a combination of county, rrtunieipal, and CONTRACTOR for its Cora:ract No, 0 1-2. ;. 00/0 When a major disaster occurs or is imminent, the AUTHORITY will initially send out an Alert to the CONTRACTOR. The CONTRACTOR should anticipate receiving the Alert 72 to 24 hours before projected landfall of a hurricane. This Alert will serve to activate the lines of communication between the CONTRACTOR representatives and the AUTHORITY. Subsequently, the AUTHORITY will issue a call for the CONTRACTOR to send an Operations Manager to the AUTHORITY within 24 hours of receiving such call to begin planning for the operations and mobilization of the personnel and equipment necessary to perform the work. The general concept of debris removal operations includes multiple, scheduled passes of each site, location, or right-of-way. This will allow residents to return to their properties and bring debris to the right-of-way as recovery progresses. The AUTHORITY will prescribe the specific schedule to be used after ascertaining the scope and nature of the disaster's impacts. The AUTHORITY will endeavor to identify at least one (1) Debris Management Site per Debris Management Zone. Additional Debris Management Sites will be identified as needed. The CONTRACTOR will operate the Debris Management Sites and only CONTRACTOR vehicles and others specifically authorized by the AUTHORITY will be allowed to use the sites. The locations of publicly owned sites currently available are shown on Exhibit D. Additional sites will be located as the need dictates. The AUTHORITY may also establish designated homeowner drop-off sites. The CONTRACTOR will be responsible for removing all debris from those sites daily. Curbside segregation of debris and disaster generated or disaster related wastes is an element of the AUTHORITY'S disaster recovery program. The CONTRACTOR will be required 'to aid in the segregation and waste stream management processes. Any Household Hazardous Waste (HHW) encountered by the CONTRACTOR is to be set aside. HIIIW disposal will be the responsibility of the resident. The AUTHORITY will designate IJHW drop-off locations. The following items are considered I-THHW for the purpose of this Contract: • Used Oil • Batteries s Paint • Aerosol spray cans a Pesticides ® Antifreeze Fluorescent light bulbs Propane tanks (household size) The CONTRACTOR will setup a lined containment area and will separate any HH1,W/ inadvertently delivered to a Debris Management Site. The collection and disposal of HEW wifl be by a contractor to be determined by the AUTHORITY. Contract No. 01-252 3 fl6/ 7!0 1 'I he work output reported in the daily operational report wall be verified by the AUTHORITY i inergency Management Coordinator. Payments will be made at the unit rates set in the lee Schedule. Should hourly rates be used to pay for certain equipment then preventative maintenance not in excess of fifteen (15) rninutcs in a normal workday will be paid for. Preventative maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be rounded off to the half hour of all hours where delays occur. Preventative maintenance is defutcd as the usual field maintenance to keep equipment in operating condition without the use of extensive shop equipment. Fueling of equipment will be considered as part of preventative maintenance. The CONTRACTOR shall be responsible for correcting any notices of violation issued as a result of the CONTRACTOR'S or any subcontractor's actions or operations during the performance of this Contract. Corrections for any such violations shall be at no additional cost to the AI.ITHORITY. The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, local governments or agencies, or of any public utilities or other private contractor(s). Part 1 - Debris Removal and Disposal Operations General The purpose of Part 1 of this scope of work is to define the requirements for debris removal and disposal operations attar any catastrophic disaster tivithin Palrn Reach Coun:y. Services The CONTRACTOR shall provide equipment, operators and laborers for debris removal operations. 'I`he CONTRACTOR OR hall provide all tabor and matcriais necessary to fully operate and maintain (including fuel. oil, grease, and repairs) all equipment under this Contract. r‘!1 rates include the cost of protective clothing (to include ha.rdhats and steel -toed boots), fringe benefits, hand tools, supervision, transportation and any other costs, 'The work shall consist of clearing and removing disaster generated debris as directed by the it.,' i iO1' Yi Y Emergency Management Coordinator. Work may include_ Clearing debris horn public real-. ti'v cl-:' rioii o1-d!';i\y,i L.oading. the debris }iinuling the debris to an approved Debris Management Site or authri-izedl landfill "" Dumping the the D debris at teris arla ge:11i 'ii ,'‘ ii .' ur at ,Actcr,. 1.]f':Clfiil r bI Ma �i hi"t ,�� Coraact No. 0I _ 2 J - ,,}`j,•O7.,GI The CONTRACTOR shall submit to the AUTHORITY certifications indicating the type of vehicle, make and model, license plate number, equipment number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of equipment shall be calculated from actual internal physical measurement performed and certified by the CONTRACTOR. Maximum volumes may be rounded up to the nearest cubic yard. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment. The AUTHORITY reserves the right to remeasure trucks at any time to verify reported capacity. All trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the vehicle to be loaded to capacity and effectively contain the debris on the vehicle while hauling. Sideboards, if installed, must be constructed of 2" x 6" boards or greater and may not extend more than 2-feet above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the operation, or the vehicle must be remeasurcd and remarked. All extensions to the bed are subject to acceptance or rejection by the AUTHORITY inspector. Trucks or equipment that arc designated for use under this Contract shall not be used for any other work during working hours. The CONTRACTOR shall not solicit work from private citizens or others to be performed in the designated Debris Management Zone during the period of this Contract. Under no circumstance will the CONTRACTOR mix debris collected for others with debris collected under this Contract in the same truckload. Securing Debris The CONTRACTOR shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris. Prior to leaving the loading site, the CONTRACTOR shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonably cornpacted during loading and secured during transport. Tarps or other load coverings shall be provided by the CONTRACTOR when hauling reduction by-products (ash or mulch) to prevent material from being blown from the truck bed. Equipment Signage Prior to commencing operations, the CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the Owner Operator's name and a unique equipment identification number. One sign shalt be placed on each side of the equipment. For those trucks, trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter size shall be 3" in height. Other Considerations The CONTRACTOR shall assitnn and provide an Operations Manager (OM) to the AUTHORITY Debris Management Center to serve as -the principal liaison between the AUTHORITY Emergency Management Coordinator and the CONTRACTOR'S forces. The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S operations and have ant -horny in writing, to commit the CONTRACTOR. The OM shall be on calf 24 hours net- day. No. 0 1-252 00/07,10 crushed concrete access roads, sodding, and any other sirniiar activity necessary to make the site usable for its intended purposes and to return the site to its original condition_ The second part consists of Debris Management Site operations and rnaterial processing and shall be compensated in accordance with the unit prices provided in Fee Schedule, Part A. The CONTRACTOR shall provide equipment, operators, and laborers for Debris Management Site operations as specified by the pertinent Task Order. Unit prices provided in the Fee Schedule, Part A, include all labor and materials necessary to fully operate and maintain the site and all equipment under this Contract including fuel, oil, grease, repairs, operator, mobilization, demobilization, overhead, profit, insurance, inspection towers, light towers, etc. For work performed on a Time and Materials basis, all hourly equipment rates include the cost of the maintenance, fuel, rcpairs, overhead, profit, insurance, and any other costs associated with the equipment, including labor and operator, unless labor costs are identified separately in the Task Order. All rates include the cost of protective clothing (to include iiardhats and steel -toed boots), fringe benefits, hand tools, supervision, transportation, lodging, meals, and any other costs. The work shall consist of managing the operations of a Debris Management Site and performing debris reduction by air curtain incineration and or grinding of storm generated debris as directed by the AUTHORITY Emergency Management Coordinator. The AUTHORITY plans to use two types of Debris Management Sites. • Vegetative Debris Management Sites will be devoted to the reduction of clean woody debris by either burning or grinding. • Mixed debris and Construction & Demolition (C&D) Debris Management Sites will be operated as transfer points_ Mixed and C&D debris will be deposited at these sites and then reloaded for final transport to an authorized landfill. The AUTHORITY does not guarantee any number or type of site(s) in any zone. Material coming into the Vegetative or C&D Debris Management Sites will be measured and paid for by the inbound truck measured cubic yard according to the Fee Schedule, Part A, Item 3.0. Material removed and transported frorn a C&D Debris Management Site will be measured and paid by the yard -mile according to the Fee Schedule, Part A, Item 6.0, or as agreed to in Task Order_ Mileage will be measured based on the most direct route and agreed upon in advance by the. AUTHORITY and CONTRACTOR. Locations of all Debris Management Sites will be provided by AUTHORITY. 'i'he AUTHORITY Emergency Management Coordinator must -approve site improvements be ore work begins and any costs, other than the rates in the Fee Schedule thai might have been negotiated under a Task. Order shall be docuIilented for payment. Contract 01-2c)2 oci,',7/01 L� between the County and local fans. However, in a significant disaster, these resources may be insufficient to perform the clearance activities in a timely manner and the CONTRACTOR may be directed to perform there. It is anticipated that debris clearance activities would be conducted. if needed, on a time and material basis using the rates in the Fee Schedule, Part B. SECTION 4 MISCELLANEOUS REQUIREMENTS Debris Management Site Foreman The Debris Management Site foreman is responsible for management of all operations of the site to include, traffic control, dumping operations, segregation of debris, burning, grinding, and safety. The Debris Management Site foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational report to the Operation Managers who will in turn provide this information to the AUTHORITY Emergency Management Coordinator. Debris Management Site Night Foreman The Debris Management Site night foreman is responsible for managing all night operations approved by the AUTHORITY. Night operations may be limited to burning and transfer. "the Debris Management Site night foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational report to the Operation Manager who will in turn provide this information to the AUTHORITY Emergency Management Coordinator. Debris Management Site Management Plan Once a Debris Management Site is identified by the AUTHORITY, the CONTRACTOR will provide a Site Management Plan. Three (3) copies of the plan are required. The plan shall be drawn to a scale of I" == 50' and address the followin=z functions: e Access to site • Site preparation-c!car;iig, erosion control, and grafting s Traffic control procedures • Safety o :Segregation of debris w Location of ash disposal urea, hazardous inzueriai containment area, contractor work area, and inspection • Location of incineration operations, ir pis t operation (i required). Buening operations, require a 10J-`i>ot clearanot.. froi;I the stockpile 10UIi i Ti �IIEI ^1ClUtt C: is ttcD; Il Ji1ut,.il.di t;S. ;No. - i ! - )O/07/11 FEE SCHEDULE HURRJCANEIDISASTER DEBRIS REMOVAL REDUCTION, AND DISPOSAL CONTRACT NO. 01-252 PART A Item/Descri pt i o n Unit Unit Price 1.0 Public Property and Right of Way Pickup and Hauling to a designated Temporary Debris Management Site or Disposal Facility 5.0 or less miles away (one-way miles). CY (miles in excess of 5.0 compensated at the rate quoted in Item 2.0) 2.0 Public property. right-of-way hauling to a Ternporary Debris Management Site or designated landfill site based on one-way miles). 3.0 Temporary Debris Management Site operation, debris acceptance. pee management and material loading for transport. 4.0 Processing of debris through grinding and/or chipping. 5.0 Volume reduction through air curtain Incineration or open burning. 6.0 Temporary Debris Management Site to designated landfill site hauling (based on one way miles) ' minimum 30 CY payloads • minimum 60 CY payloads CONTRACTOR is responsibe for providing sufficient capacity equipment :o meet the above minimums. The AUTHORITY will only pay for actual volume of debris transported UNIT PRICES Yard -Miles CY Yard -Miles S9.75 $0.13 See Part B 0-15 miles' 16-60 mi.' 61-120+ 50.15 $0.11 $0.10 Unit Prices include all labor (operators, laborers, supervisors) and materials necessary to complcto the project, induding bur not limited to: wanes, benefits. insurance. safety equipment. pans, supplies, equipment maintenance, repairs, tuels, lubricants, cellular phones, housing, transportation, mobilization, and de.mobiliantion. YARD -MILES A Yard -Mile Is defined as the volume of waste in the truck/trailer times the one-way mileage to the destination. The distance will be measured road miles based on odometer reauirigs noted on the load ticket and ve,ified by an Authority representative. it the one taw}• distance from the pickup point to the Temporary. Cedric Managurrent Site is greater tt..an five miles, Contractor will be compensated based en the followiiia form, (Estimated yards in truck , 8id Rate pnr Y.?trr (item 1.0); (Estirnnted yards in truck v (One-way Miles minus 5.0) x eld Rote per Yu:d4.Mila !Item C,.ntnr, t'n 4i-rc, Exhibit B 617'2001 joss : 154.. .....- -. ' ,,,.n,.,,,. ,. , CeH Pone ar d Pickup T;aoke'd, 1 3 or Sl:r.!1a:" ra keci, D6 or simian Tracked, .-7 or Simla - Tracked, DS or similar ... J:-�. 1�,.Ci, . alck, 18 C J-20 CY Truck, 210')r CrY ,,e7ator and Lighting :e- w; 12' Blade 11c Excavator, { CY Excavatcr, 2.5' Loader C;ia?•. Saw sma i (C)CS, tTaff c COlRoi, fag De;:so wi Tractor actor or.s irlanager w/ Ceil P};oue and Pick it ^,1 T;ucl.k, .5 Ton ..or',7)ac:cr to B3 f EE SCNE 'J r L.: .. JJ T T - 'Cr 0.,rly prices EXi-IBI7 3 For Debris Management Site Set-up and Closure nd Debris Clearance for Access - optional use by County and other Governmental Entities Equipment and Labor Rates Hourly Y ,g1iiprne.lt Type Equipment Rate zz.,5 S.00 57.15 64,/5 I'5 27.13 3.7-.15 1 f3 . Caca 4 7.1" 5-7,r� 77.?5 97.to5 32.6 5. 0c 5. no �7.CJG Z3.0c) Hourly Labor Rate 37.85 39.00 37.85 37.85 37.85 3785 37.86 3.7.8.5 37.8.5 3 7.8 •2.7.no 3785 56.66 3785 37.85 Total Hourly Rate ,4o.00 54.©c 7S.oc, 5.ao inZ,00 5.0,0 85.0 5.60 ?', s.r10 ,/35.co Z 7.0o 7D.C.o 7o.�^ 15. Cc> 64,25 cb0.a5 AMENDMENT #7 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE SOLID I6ASTE AUTHORITY OF PALM BEACH COL'.tiT t' :'1.VD PHILLIPS & JORDAN, INC. DATED THE 14THDAY OFJUN'E, 2001 This Seventh Amendment, dated the 2Sth thy- of October, 2005, to the Agreement for the above tv ittar services, Agreement No. 01-252, between the Solid Waste Authority of Pa?tu Beach County thereinafter referred to as AUTHORITY), and Phillips & Jordan, Inc. (hereinafter refcrret to as CONTRACTOR). Whereas', both parries agree a revision to Exhibit 13, Parts A & 13, Fee Schedule'Time & Materials is requisite; ard. Whereas, AUTHORITY, desires CONTRACTOR. to continue to perform the ser•, ices a,, may he spec;ticailti designated and authorized by the AUTHORITY; and, NOW, therefore, in consideration of the foregoing and :he rnutt:al pro; nines and covenants contained herein, and other good and valuable consideration, the parties hereto agree as follows: Delete Amendments No. 2 through No. 6 in their entirety and replace with the attached revised Exhibit B, Parts A and B. to the 1 2 I shall ;I. r ain in All other provisions of the .Agreement ti,t the services as +r.t n above dated ��'"' of June �Jtt , full force and effect and shall not be altered, amended or rescinded except as provided herein. Iet }fitness 1i'hercof. the E;aecut,ve Director of the AUTHORITY has made and executed J. s Amendment en behalf of the Solid Waster Authority of Palen Reach County and Phillips & Jordan, inc. has executed this Amendment as of'the day and year above written. Wime Appro :d as to Form and Legal Suffiw cy: Attest: General Counsel to l/le .gut oriiv Corpora,e, c'c1c ry t. SOLID WASTE AUrHIoRIT\OF PALM BEACH COI N'I'Y: By: John D. Booth Executive Director PHILLIPS & JORDAN, INC.: Ily: ,)1 ,matur,2 Varner t _ � fr t'yc t;� EXHIBIT "B" PHILLIPS & JORDAN, INC. May 2, 2006 Mr. Mark Bates, Village Manager Village of North Palm Beach 501 U.S. 1 North Palm Beach, Florida 33408 RE: HURRICANE/DEBRIS REMOVAL, REDUCTION AND DISPOSAL; THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: CONTRACT NO. 01-252 Dear Mr. Bates: Phillips & Jordan, Inc. is pleased to offer the Village of North Palm Beach the opportunity to piggyback our existing contract as referenced above. This offer is made at the same terms and conditions as are contained therein. In addition, we offer the Village, at no cost, the following: 1. Positioning a Project Manager in the Village Emergency Operations Center just prior to and during a disaster event for timely activation of operations; 2. Helicopter reconnaissance of the village in the days following a major storm event, and; 3. Training your staff in disaster debris operations and the rules, regulations and procedures associated with reimbursement of eligible funds in accordance with Federal and State Public Assistance Programs. We will also participate in any disaster preparedness and response exercises as the Village may conduct. Also, in accordance with ARTICLE 27 — NOTICE of the referenced contract, any notice associated with this agreement shall be delivered to the following individuals (listed in priority order) at their respective offices: Wiley Livingston, Acting Public Works Manager Village of North Palm Beach Public Services Department 645 Prosperity Farms Roads North Palm Beach, Florida 33408 Office: 561-691-3440 Fax: 561-626-5869 Cell: 561-644-4821 Dudley Orr, Vice President Phillips & Jordan, Inc. 191 P and J Road Robbinsville, North Carolina 28771 Office: 828-479-3371 Fax: 828-479-3010 Cell: 828-735-0947 P.O. Drawer 604; 16 Court St. • Robbinsville, NC 28771 ph 828.479.3371 • fax 828.479.3010 www.pandj.com Mark Bates, Village Manager Village of North Palm Beach 501 U.S. 1 North Palm Beach, Florida 33408 Office: 561-841-3880 Fax: 561-848-3344 Cell: 561-267-5984 Jimmy Knight, Director Village of o h P Im Beach Public epartment 560 U.S. 1 North Palm Beach, Florida 33408 Office: 561-848-2525 Fax: 561-881-1141 Cecil Patterson, Vice President Phillips & Jordan, Inc. 7856 Westside Park Drive, Suite H Mobile, Alabama 37912 Office: 865-688-8342 Fax: 865-688-8369 Cell: 865-414-4400 Tim Berkhimer, P.E., Director Phillips & Jordan, Inc. Disaster Recovery Group 191 P and J Road Robbinsville, North Carolina 28771 Office: 828-479-3371 Fax: 828-479-3010 Cell: 828-735-0072 If you are in concurrence with this arrangement, please have these documents signed and dated below and return it to Dudley Orr at the address listed above. If you have any questions, please do not hesitate to call me at 828-735-0072. Sincerely, PHILLIPS & JQRDAN,INC. / oa9 Timothy R. Berkhimer, P.E. Director, Disaster Recovery Group Attest: age Clerk cc: Randy Jordan, Senior Vice President, Phillips & Jordan, Inc. -579'/A Date