2007-072 Emergency Debris Removal ContractRESOLUTION 2007-72
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
PHILLIPS AND JORDAN, INC. FOR HURRICANE/DISASTER DEBRIS
REMOVAL WITHIN THE VILLAGE BY PIGGY BACKING AN EXISTING
AGREEMENT BETWEEN PHILLIPS AND JORDAN, INC. AND THE SOLID
WASTE AUTHORITY OF PALM BEACH COUNTY; AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to provide for debris removal within the Village in the event of a
hurricane or other disaster; and
WHEREAS, in providing for such debris removal, the Village wishes to piggy-back an existing
agreement between Philips and Jordan, Inc. ("Contractor") and the Solid Waste Authority of
Palm Beach County (Contract No. 07-240) ("SWA Contract"); and
WHEREAS, Contractor has agreed to provide the Village with debris removal services under the
same terms and conditions as the SWA Contract; and
WHEREAS, the Village determines that the execution of an Agreement with Contractor,
incorporating the terms and conditions of the SWA Contract, is in the best interests of the public
health, safety and welfare.
• NOW, THEREFORE, BE rT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve an agreement between the Village and Phillips and Jordan, Ina ("Agreement") to
provide for hurricane/disaster debris removal within the Village and authorizes the Mayor and
Village Clerk to execute the Agreement on behalf of the Village. A copy of the Agreement is
attached hereto as Exhibit "A."
Section 2. The Agreement incorporates the terms and conditions of an existing contract
between Phillips and Jordan, Inc. and the Solid Waste Authority of Palm Beach County. A copy
of the SWA Contract is attached to the Agreement as Exhibit "1."
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12th DAY OF JULY, 2007.
-`- f~/~
(Village Seal) ~ /~/ ,/~
,, ; ~,, , MAYO
. P.TTES7;t~r '
VILLAGE CLE
EXHIBIT "A"
AGREEMENT FOR HURRICANE/DISASTER DEBRIS REMOVAL
• REDUCTION AND DISPOSAL IN THE VILLAGE OF NORTH PALM BEACH
THIS AGREEMENT is made as of this /~ day of ~ ~\ y , 2007, by and
between the VILLAGE OF NORTH PALM BEACH, 501 US Highwa~North Palm Beach,
Palm Beach County, Florida, 33408, a Florida municipal corporation ("VILLAGE"), and Phillips
and Jordan, Inc., 191 P and J Road, Robbinsville, North Carolina 28771, a North Carolina
corporation ("CONTRACTOR"), whose Federal Employer Identification Number is 56-
0694573.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to remove, reduce or dispose of
hurricane/disaster debris withiri the Village of North Palm Beach; and
WHEREAS, the Solid Waste Authority of Palm Beach County, through its competitive
selection process, awarded County Contract No. 07-240 to the CONTRACTOR for the County's
removal, reduction and disposal of hurricane/disaster debris ("SWA Contract"); and
WHEREAS, the VILLAGE requested, and the CONTRACTOR agreed to provide such
services within the VILLAGE based on the terms and conditions, including pricing, set forth in
the SWA Contract; and
• WHEREAS, the VILLAGE desires to accept CONTRACTOR'S proposal by piggy-
backing the SWA Contract as authorized by the VILLAGE'S purchasing policies and procedures.
NOW THEREFORE, in consideration of the mutual promises set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals.
The parties agree that the recitals set forth above are true and correct and are fully incorporated
herein by reference.
2. Solid Waste Authority of Palm Beach County Contract.
The parties agree and acknowledge that this Agreement incorporates and includes all of the terms
and conditions, including pricing, set forth in Contract for Professional Services No. 07-240
dated June 25, 2007 between the Solid Waste Authority of Palm Beach County and
CONTRACTOR ("SWA Contract"), a copy of which is attached hereto as Exhibit "1" and
incorporated herein by this reference.
•
Page 1 of 4
3. CONTRACTOR'S Performance
• The Contractor shall provide those services set forth in the Scope of Services incopororated into
the SWA Contract as may be specifically requested upon written notice from the VILLAGE.
4. Compensation to CONTRACTOR.
A. Payments by the VILLAGE to the CONTRACTOR under this Agreement shall not exceed
the Fee Schedule set forth in the SWA Contract.
B. For work performed pursuant to this Agreement, CONTRACTOR shall submit invoices to
the VILLAGE on at least a monthly basis for review and approval by the VILLAGE's
representative,indicating that the services have been provided and rendered in conformity with
this Agreement. The invoices shall be transmitted to the Finance Department for payment.
C. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval. CONTRACTOR waives consequential or incidental damages for
claims, disputes or other matters in question arising out of or relating to this Agreement. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state "final
invoice" on the CONTRACTOR'S final/last billing to the VILLAGE. This certifies that all
services have been properly performed and all charges have been invoiced to the VILLAGE.
Since this account will thereupon be closed, any and other further charges if not properly
• included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be
liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of
all services.
D. The VILLAGE reserves the right to retain five percent (5%) of each invoice until such time
as the project is complete and all subcontractors and any material suppliers verify that they have
been paid.
5. Period and Renewals.
This Agreement shall be for the term as indicated in the SWA Contract. Extensions or renewals
to the SWA Contract or any modification including new products, terms, or price changes to the
SWA Contract shall be submitted by the CONTRACTOR to the VILLAGE for approval. In the
SWA Contract expires and no new contract is let by the County, the VILLAGE reserves the
right, upon written agreement with CONTRACTOR to renew this Agreement under the same
terms and conditions for an additional period of one (1) year.
6. Insurance.
CONTRACTOR shall obtain and maintain during the term of this Agreement all insurance
required under the SWA Contract, with the VILLAGE named as an additional insured.
•
Page 2 of 4
7. Contract Administration.
• Services of the CONTRACTOR shall be under the general direction of Wiley Livingston, the
VILLAGE'S Director of Public Works, who shall act as the VILLAGE'S representative during
the terms of this Agreement.
8. Conflict of Terms and Conditions.
In the event of any conflict between the terms and conditions of this Agreement and the terms
and conditions of the S WA Contract, the terms and conditions of this Agreement shall control.
9. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Agreement shall not
be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
. C. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
D. All notices, demands, communications or requests required or permitted under this
Agreement shall be in writing and delivered in person or sent by certified mail, posiage prepaid,
to the addresses appearing on the first page of this Agreement.
E. The VILLAGE and the CONTRACTOR agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto. Any provision of this Agreement which is of a continuing nature or imposes
an obligation which extends beyond the term of this Agreement shall survive its expiration or
earlier termination.
• (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI
Page 3 of 4
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and
• executed this Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal for the
Village of North Palm Beach as of the day and year first above written.
CONTRACTOR:
PHILLIP AND JORDAN, INC.
BY. •'~i/WyN~~_`_` ~ ~44H~4H4HipGpx
~.•e5 ~ JORp
~(~ \ ` • ,~
Print Name: Y..J l x-O \ ~.~ Q ~(' .L ~a`;~' ~ aPOwq~~'r~o
~ai~0
}
Position: ~ , C ~ ~~f -Q S \r ~e ~ ~ I ,~ ,n
9'•.., a'
$pe ............:~,~
VILLAGE: '°` e~NS~'~~`;~'~
,•.,,,,,,,,,,,04
VILLAGE. F NORTH PAL .EACH
BY: ~dl ~
E WARD M. EISSE , PH.D.
MAYOR
• ATTEST:
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
LEONARD G. RUBIN
VILLAGE ATTORNEY
•
Page 4 of 4
. DETAILED SCOPE OF WORK
VILLAGE OF NORTH PALM BEACH
Overview
The scope of work under this contract is divided into three (3 parts. Part 1 is for Debris
Removal and Disposal Operations of debris from residential, public and private streets,
roads and right-of--ways.
Part 2 is for Temporary Debris Site Operations which includes daily operations as well as
reclamation of the site to its pre-storm condition or as directed by the VILLAGE
Emergency Management Coordinator. Part 3 is the Processing, Loading and Hauling
Material from Temporary Debris Site to final destination.
The CONTRACTOR shall commence mobilization immediately upon receipt of the
mobilization Task order meeting the following progress patterns: 48 hours-collection
activity within assigned Collection Service Area. Within ten (10) calendar days
CONTRACTOR shall have 100% of all necessary equipment operating within all
Collection Service Areas. This represents a minimum response schedule and does not
restrict an earlier response.
THE CONTRACTOR is authorized to collect debris during daylight hours, 7 days per
• week. Any deviations from this schedule will require VILLAGE approval.
The CONTRACTOR must be duly licensed to perform the work in accordance with the
State of Florida statutory requirements. The CONTRACTOR shall obtain all permits
necessary to complete the work. The CONTRACTOR shall be responsible for
determining what permits are necessary to perform under the contract. Copies of all
permits shall be submitted to the Village Emergency Management Coordinator prior to
issuance ofthe first Task Order.
The quantity of work required to complete this contract is estimated. Payment will be
made at the unit rates in the contract. The output will be verified by the Village
Emergency Management Coordinator in the daily operational report. Should hourly rates
be used to pay for certain equipment then preventative maintenance not in excess of
fifteen (15) minutes in a normal workday will be paid at the regular hourly rate.
Preventative maintenance or down time resulting from equipment failure, routine
maintenance and fueling that exceeds fifteen (IS) 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 defined as the usual field
maintenance to keep equipments 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 wrrecting any notices of violations 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 Village.
The CONTRACTOR shall conduct the work so as no to interfere with the disaster
response and recovery activities of federal, state or local governments or agencies, or of
any public utilities or other private contractor.
The CONTRACTOR shall provide contact information for all key personnel to the
Village that shall include name, phone number, cellular phone number and email address.
The CONTRACTOR and its agents shall respond in a timely manner to all Village
inquiries at all times.
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 after any catastrophic disaster within Village limits.
For work performed on a Time and Materials basis, all hourly equipment rates shall
include the cost of the maintenance, fuel, repairs, overhead, profit, insurance, and any
other costs associated with the equipment including labor and operator.
Services
The CONTRACTOR shall provide equipment, operators and laborers for debris removal
operations. The CONTRACTOR shall provide all labor and materials necessary to fully
operate and maintain (including fuel, oil, grease, and repairs) all equipment under this
contract.
All rates are to include the cost of protective clothing (to include hardhats and steel-toed
boots), fringe benefits, hand tools, supervision, transportation, loading and any other
costs.
The work shall consist of clearing and removing disaster generated debris as directed by
the Village Emergency Management Coordinator. CONTRACTOR shall provide
collection equipment the day following a natural disaster or as directed by the Village and
shall provide equipment sufficient to collect a minimum of 50,000 cubic yards of debris
per day within ten (10) calendar days of collection commencement. Failure to provide
sufficient equipment necessary to collect required amount may result in the Village
entering into a separate Contract with another contractor for collection services.
1. Collection of Storm Generated Residential Vegetation and Construction and
Demolition Debris.
Work may include:
• • Clearing debris from residential private and public roadways
• Loading the debris
• Hauling the debris to an approved Temporary Debris Site or an authorized landfill
• Dumping the debris at the Temporazy Debris Site or at an authorized landfill
Debris delivered to a Temporary Debris Site or authorized landfill will be paid based on
the per cubic yard according to the Fee Schedule.
11. Hourly Rate Cleazing
From 0-70 hours following a disaster CONTRACTOR shall provide the clearing services
on an hourly rate that shall include the following:
• Cleaz debris from emergency evacuations routes, access roads to critical facilities, and
primary roadways
• Perform emergency removal of debris if needed for life-savings measures
• Conduct daily briefmgs with debris managers and other officials to update progress
and discuss issues.
• Develop a traffic control plan along potential haul routes and at debris management
and disposal sites.
• The Village reserves the right to immediately terminate CONTRACTOR and any
subcontractor who fails to provide service in accordance to guidelines set forth by FEMA
and the Village ofNorth Palm Beach.
The Village or designee shall forwazd all claims of damage to the CONTRACTOR daily;
CONTRACTOR shall provide all contact information, including name, phone number,
cellulaz phone number, fax number and email address, for personnel responsible for
resolving all claims of damage. CONTRACTOR must respond to all claims of damage
within 24 hours and resolve within ten (10 calendar days).
In the event the CONTRACTOR fails to repair damages as a result of the Contractor's
equipment failure or negligence within the time provided within this Contract, the Village
may arrange for the repairs and assess the CONTRACTOR for the cost of the repairs and
any applicable administrative charges. Any disputes as to damage responsibility will be
resented to the Emergency Management Coordinator or designee for review. The
decision of the Emergency Management Coordinator or designee will be finals.
• Eguiament
All trucks and equipment must be in compliance with all applicable federal, state, and
local rules and regulations. Trucks used to haul debris must be capable of rapidly
dumping their load without the assistance of other equipment, be equipped with a tailgate
that will effectively contain the debris during transport that will permit the trucks to be
filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with
the following specifications:
•Fencing must be permanently attached to one side of the truck bed.
•After loading, the fencing must be tied to the other side of the truck bed at two places
with heavy gauge wire.
•Fencing must extend to the bottom of the bed
•Afler loading, bottom of fencing shall be tight against the bed of the truck and secured
at a minimum of two locations.
•Solid iron metal bars must be secured to both sides of the fencing.
•There shall be no hand loaded equipment allowed.
The Village or designee shall complete certification indicating the type of vehicle, make
and mode, 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 calculate from actual internal physical
measurement performed and certified by the CONTRACTOR. Maximum volumes may
be rounded up the neared cubic yard. The reported measured maximum volume of any
load bed shall be the same as shown on the placards affixed to each piece of equipment.
The Village reserves the right to re-measure trucks and trailers at any time to verify
reported capacity. If a truck and/or trailer are re-measured and the yardage capacity is
determined to be lower, the lower yardage volume will be retro to the initial load and
total volume adjusted accordingly.
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. If installed, all sideboard extensions must remain place throughout
the operation, or the vehicle must be re-measured and remarked. All extensions to the
bed are subject to acceptance or rejection by the Village Inspector.
Trucks or equipment designated for use under his 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 Collection service Area during the
period of this contract. Under no circumstance will the CONTRACTOR mix debris
hauled for others with debris hauled under this contract. Failure to comply will result in
no payment to CONTRACTOR and operator and vehicle will be declared ineligible to
provide any additional emergency debris collection services. Any and all unapproved
changes to placard will result in no payment to CONTRACTOR and operator and vehicle
will be declared ineligible to perform any additional emergency debris collection
services.
• Securine 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 reasonable compacted during the loading and secured during transport. Tarps or
other coverings shall be provided by the CONTRACTOR to prevent materials from
falling or being blown from the bed. Loads not pmperly tarped or otherwise covered will
not be allowed to dispose ant any Village approved temporary debris site which may
result in non-payment to CONTRACTOR.
Eauiament Si¢na8e
Prior to commencing operations, the Village or designee shall affix to each piece of
equipment, signs, or markings indicating the Owner Operator's name and a unique
equipment identification number. One sign shall 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. Each operator
shall keep Village certification with them at all times. Placards must remain on both
sides of equipment.
• Other considerations
The CONTRACTOR shall assign and provide an Operations Manager (OM) to the
Village Debris Management Coordinator or designee and the CONTRACTOR'S forces.
The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S
operations and have authority in writing to commit the CONTRACTOR. The OM shall
be on call 24 hours per day, seven days per week and shall have electronic linkage
capability for transmitting and receiving relevant contractual information and make
arrangements for on site accommodations. This linkage shall provide immediate contact
via cell phone, fax machine, and have Internet capabilities. The OM will participate in
daily meetings and disaster exercises, functioning as a source to provide essential element
information. The OM will report to the Village Emergency Management Coordinator or
designee. This position will not require constant presence; rather the OM will require
being physically capable of responding to the Village Emergency Management
Coordinator within 30 minutes of notification.
The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area. At a minimum, one flag person should be posted at each approach to
the work area.
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
• equipment for all tasks. Safety of the contractor's personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for
all materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
Payment for debris hauled will be based on the quantity of debris hauled in cubic yards.
Debris hauled to a Temporary Debris Site will require a validated load ticket. Drivers
will be given load tickets at the loading site by a Village loading site monitor. The
quantity of debris hauled will be estimated in cubic yards at the Temporary Debris Site
by a Village Temporary Debris Site monitor. The estimated quantity will be recorded on
the load ticket. The Village Temporary Debris site monitor will retain one copy of the
load ticket and the driver will retain two copies of the load ticket. Debris being hauled to
a permanent landfill will be paid based on cubic yards recorded on an approved load
ticket. Payment will be made against the CONTRACTOR'S invoice once site monitor
and contractor load tickets and/or scale tickets match. Load tickets not properly
completed and signed will not be paid.
PART 2- Temporary Debris Site Operations
General
The purpose of Part 2 of this scope of work is to define the requirements for Temporary
debris Site Operations after any catastrophic disaster within North Palm Beach.
The CONTRACTOR shall use only Temporary Debris Sites designated by the Village
Emergency Management Coordinator.
The Temporary Debris Sites foreman shall direct all dumping operations. Different types
of debris shall be kept in separate piles at the Temporary Debris Site. At a minimum one
flag person shall be posted at each Temporary Debris Site for traffic control and to direct
unmixed loads to proper location (by debris type) to be dumped. CONTRACTOR shall
be responsible for sorting and proper placement of all loads not dumped in appropriate
location which results in mixing the once separated debris at no charge to the Village.
The CONTRACTOR shall begin grinding vegetative debris within five (5) calendar days
of temporary debris site opening date and removing mulch/wood chips within ten (10)
calendar days of site opening date. The CONTRACTOR shall begin removal of
Construction and Demolition/mixed debris from Temporary Debris Site within five (5)
days of site opening date.
Services
The scope of work consists of two parts.
The first part includes site setup/preparation and site closeout/restoration and shall be
compensated on a time and materials basis in accordance with the hourly rates provided
in the Fee Schedule, Part B. Site set-up/preparation/closeout/restoration includes:
Clearing, stripping, hauling, fill placement, constructing/deconstructing processing pads,
• lime rock or crushed concrete access roads, sodding, and any other similaz activity
necessary to make the site usable for its intended purposes and to return the site to its
original conditions.
The second part wnsists of Temporary Debris Site operations and material processing
and shall be compensated in accordance with the unit prices provided in the Fee
Schedule, Part A.
1. The CONTRACTOR shall provide equipment, operators, and laborers for
Temporary Debris Site operations as specified by Task Order. Unit prices
provided in the Fee Schedule, Part A, shall include all labor and materials
necessary to fully operate and maintain (including fuel, oil, grease, repairs,
operator, mobilization, demobilization, overhead, profit, loading and insurance)
all equipment under this contract. In addition, materials needed for site
setup/prepazation/closeout/restoration (including rental or construction of the
Inspection Tower) aze included in the rates in Fee schedule, part A. Each
inspection tower shall be equipped with two (2) portable toilets. Toilets shall be
provided immediately upon completion of tower assembly. CONTRACTOR
shall provide a water truck for the purpose of applying to site surface to minimize
dust. The Village will furnish a two (2) cubic yazd dumpster and will be placed at
the Temporary Debris Site for placing litter and trash. CONTRACTOR shall be
responsible for cleaning up all trash and litter generated on the site from daily
• operations and depositing into the container for collection. The entrance roadway
and surrounding azea within %z mile of the site's entrance shall be cleaned daily by
the CONTRACTOR. All pre-storm identified sites shall be opened within three
(3) calendaz days of natural disaster. Failure to open sites with proper equipment
and necessary personnel will result in a $10,000 fine per day.
All rates shall include the cost of protective clothing (to include hazdhats and
steel-toed boots) fringe benefits, hand tools, supervision, transportation, loading,
and nay other costs.
11. The work shall consist of managing the operations of a Temporary Debris
Site and performing debris reduction by the grinding of storm generated
debris as directed by the Village Emergency Management Coordinator.
At no time will incineration be used for debris reduction.
The VILLAGE plans to one type ofTemporary Debris Sites.
Vegetative Temporary Debris Sites will be devoted to the reduction of clean woody
debris by grinding only.
Mixed debris and construction & demolition (C&D) Temporary Debris 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.
Material coming into the Vegetative or C&D Temporary Debris Sites will be measured
and paid for by the cubic yard according to the Fee Schedule, Fart A. Material removed
and transported from C&D Temporary Debris Site will be measured and paid by the
cubic yard according to the Fee Schedule.
Locations of all Temporary Debris Sites will be provided by the Village. The Village
Emergency Management Coordinator must approve site improvements before work
begins and any cost, other than those in the Fee schedule that might have been negotiated
under a Task order shall be documented for payment.
Material processed at a Temporary Debris Site by grinding only and will be measured
using cubic yards from incoming load tickets. Material entering a Debris Management
Site will be deposited in manageable piles.
Reporting
The CONTRACTOR shall submit a report to the Village Emergency Management
Coordinator or designee by close of business each day of the term of the Task Order.
Each report shall contain, at a minimum, the following information:
Contractor's name
Contract number
Daily and cumulative hours for each piece of equipment, if appropriate
Daily and cumulative hours for personnel, by position, if appropriate
Volumes of debris handled
Failure to provide audit quality information by 5:00 p. m. of the following day of
operation will subject CONTRACTOR to non-payment in each instance at the sole
discretion of the Village.
Other Consideration
The CONTRACTOR shall supervise and direct the work, using skilled labor and proper
equipment for all tasks. Safety of the Contractor's personnel and equipment is the
responsibility of the CONTRACTOR. Additionally, the CONTRACTOR shall pay for
all materials, personnel, taxes, and fees necessary to perform under the terms of this
contract.
The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic
in the work area.
In the event of a Temporary Debris Site must be closed due to CONTRACTOR
equipment or operational failures, CONTRACTOR shall be fined, $25, 000 per day for
every day the site has to remain closed.
• Part 3- Processing, Loading and Hauling Material
CONTRACTOR shall provide all necessary labor, material and equipment to process,
load and haul wood chips and construction and/or mixed debris from Temporary Debris
Sites in North Palm Beach to final destination for disposal as directed by the Village.
The Village reserves the right to contract with other firms to process, load and haul wood
chips and construction and/or mixed debris to a final destination as may best meet the
needs of the Village. All wood chips, construction and/or mixed debris shall be disposed
of in accordance with all Local, State of Florida and Federal guidelines.
IV. MISCELLANEOUS REQUIREMENTS
Temporary Debris Site Foreman
The Temporary Debris site foreman must be an employee of the CONTRACTOR and is
responsible for management of all operations of the site to include, traffic control,
dumping operations, segregation of debris, grinding, and safety.
The Temporary Debris Site foreman will be responsible for monitoring and documenting
equipment and labor time and providing the daily operational report to the Village
Emergency Management Coordinator or designee.
• Temporary Debris Site Night Foreman
The Temporary Debris Site night foreman must be an employee of the CONTRACTOR
and is responsible for managing all night operations approved by the Village.
The Temporary Debris Site night foreman will be responsible for monitoring and
documenting equipment and labor time and providing the daily operational report to the
Village Emergency Management Coordinator or designee.
Temporary Debris Site Management Plan
Once the Temporary Debris Site is identified by the Village, the CONTRACTOR will
provide a Site Management Plan.
Three (3) copies of the plan aze requved. The plan shall be drawn to a scale of 1" = 50'
and address the following functions:
Access to site
Site preparation-cleazing, erosion control, and grading
Traffic control procedures
• Safety
Segregation of debris
Locations of hazardous material containment area, contractor work area, and inspection
tower
Location of grinding operation
Location of existing structures or sensitive areas requiring protection
Insaection Tower
The CONTRACTOR shall construct an inspection tower at each Temporary Debris site
within three (3) calendar days of natural disaster. The tower shall be constructed using
pressure treated wood or steel scaffold. The floor elevation of the tower shall be 10-feet
above the existing ground elevation. The floor area shall be a minimum 8'by8'
constructed of 2"x8" joists, 16" O.C with '/"plywood supported by a minimum of four
6"x6" posts. A 4-foot high wall constructed of 2"x4" studs and ''/z" plywood shall protect
the perimeter of the floor area. The floor area shall be covered with a roof . The roof
shall provide a minimum of 6"-6" of headroom below the support beams. Steps with a
handrail shall provide access to the tower. Inspection towers must provide a dry area for
employees and meet all FEMA OSAH requirements.
Grinding Operation
The CONTRACTOR shall have grinders on site and in operation within 72 hours of
natural disaster. Failure to provide grinder(s) on site in operation within 72 hours shall
result in a $10,000 per day fine. There shall be no period longer than 24 hours in which
grinding activity may stop due to wet equipment or operational failure. Failure to
provide back-up equipment within 24 hours shall result in a $2,000 tine per hour per
approved hours of grinding operation per day until grinding activity resumes.
Household hazardous Waste Containment Area
The CONTRACTOR shall construct a hazardous material containment area at each
Temporary Debris site. The area shall be 30' x 30'. The perimeter shall be lined with
hay bales and staked in place. The area shall be lined with a heavy gage plastic to
provide a waterproof barrier; Additional plastic sufficient to cover the area is required to
prevent rain from entering the containment area. Site run-off must be redirected from the
containment area by site grading.
V. PERFORMANCE OF CONTRACTOR
It is the intent of this Contract to ensure that the CONTRACTOR provides a quality level
of services. To this end, all complaints received by the Emergency Management
Coordinator or designee, and reported to the CONTRACTOR shall be promptly resolved
pursuant to the provisions of this Contract.
The Emergency Management Coordinator of designee may levy administrative charges
for the following infractions:
1. Failure to open pre-storm identified sites within three (3) calendar days of
• natural disaster- $10,000 per day for each day not opened
2. Closure of Temporary debris Site due to CONTRACTOR equipment or
operational failures- $25,000 per day, for each day site must remain closed.
Failure to provide back-up grinders within 24 hours of equipment breakdown- $2000 per
hour per approved grinding hours of operation per day.
CONTRACTOR may also be subject to non-payment and a fine of $200 for each of the
following infractions:
1. Failure to provide audit quality information by 5:00 p.m. of the following day of
operation.
2. Loads not properly Carped or otherwise covered
3. Mixing debris hauled from other sources with debris hauled under this contract
4. Mixing vegetation debris with C&D material
CONTRACTOR may be immediately terminated and also subjected to non-payment
for the following:
1. Collection of any non-eligible, Non-Village approved stumps or debris
2. Failure to provide service in accordance to guidelines set forth by FEMA and the
• Village.
3. Soliciting work from private citizens or others to performed in the designated
Collection Service Area during the period of this contract
4. Alterations of placards placed on certified trucks and/or trailers
Any disputes regarding Performance of Contractor will be presented to the Emergency
management Coordinator or designee for review The Emergency Management
Coordinator or designee shall complete review and make determination within 10
calendar days. Decisions of the Emergency Management Coordinator or designee shall
be final.
•
EXHIBIT "1"
•
CONTRACT FOR
HURRICANE/DISASTER DEBRIS
REMOVAL, REDUCTIONAND DISPOSAL
•
BETWEEN
THE SOLID WASTE AUTHORITY OF PALMBEACH COUNTY
AND
PHILLIPS AND JORDAN, INC.
CONTRACT NO. 07-240
u
TABLE OF CONTENTS
ARTICLE PAGE
1. Effective Date/Term ..................................................... ........1
2. Services to be Performed by Contractor ...................... ........1
3. Compensation .............................................................. ........2
4. Insurance ...................................................................... ........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
11. Federal and State Taxes ............................................... ........5
12. Availability of Funds ................................................... ........5
13. Authority's Responsibilities ......................................... ........5
14. Termination of Contract ............................................... ........5
15. Uncontrollable Forces .................................................. ........6
16. Governing Law and Venue .......................................... ........6
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 .............................................................. ........9
30. Minority/Women/Small Business Enterprise (M/W/S BE)10
31. Confidentiality ..............•---..............................---.......... ......10
32. Escalation Clause ......................................................... ......10
33. Order of Contract Activation ....................................... ......10
34. Task Order/Performance .............................................. ......1 l
35. Bonds ........................................................................... ......11
Contract Execution ....................................................... ......12
EXHIBITS
A. Scope of Work
B. Fee Schedule
C. Palm Beach County Debris Management Plan (includes sample Load Ticket)
D. Palm Beach County Debris Zone Map/Franchise Service Areas
E. Location of Publicly Owned Debris Management Sites
F. M/W/SBE Plan
G. Task Order
H. FEMA 322 Public Assistance Guide, page 114
I. Mobilization Schedule
Contract No.: 07-240 TOC-1
i
C J
•
Contract for Professional Services
Contract No. 07-240
Thts Contract, between the Solid Waste Authority of Palm Beach County, a special district
created by Chapter 2001-331, Laws of Florida, as amended, (hereinafter referred to as
AUTHORITY) and Phillips and 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, CONTRACTOR represents it is capable and prepazed to provide such services.
NOW, therefore, in consideration of the promises contained herein, the parties hereto agree as
follows:
ARTICLE 1 - EFFECTIVE DATE/TERM
The effective date of this Contract shall be June 14, 2007.
Term of Contract shall be for a three (3) yeaz period, unless otherwise terminated as provided
herein. The AUTHORITY shall have the option of extending the Contract for one (1) additional
three (3) yeaz period at the same terms and conditions with approval from the AUTHORITY'S
Governing Board. 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 recertification
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.
ARTICLE 2 -SERVICES TO BE
BY CONTRACTOR
CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, as may be
specifically authorized by the AUTHORITY. Such authorizations will be referred to as Task
Orders. Each Task Order will set forth a specific scope of services, rate/amount of
compensation, completion date, and other pertinent details of the task being authorized. The
AUTHORITY, by virtue of this contract, gives the CONTRACTOR no guarantee of any
work/services or any specific amount of work/services that may be accomplished during the
period this contract is in full force and effect.
Contrect No. 07-240 -1-
ARTICLE 3 -COMPENSATION
3.1 -GENERAL
AUTHORITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is
attached hereto and incorporated by reference as part of this Contract. If needed, compensation
may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task
covered by the scope of work of this Contract but to which the Fee Schedule cannot readily be
applied.
CONTRACTOR shall submit semi-monthly invoices for services rendered. Invoices must
reference the Task Order number. Invoices shall include a statement of progress and appropriate
audit quality detail to satisfy FEMA requirements.
Payment of CONTRACTOR by AUTHORITY is not contingent upon the AUTHORITY being
reimbursed by the Federal Emergency Management Agency. Payment to CONTRACTOR will
be made for any work directed by the AUTHORITY which is determined by Federal and State
agencies to be ineligible for reimbursement.
Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully
documented, invoice by the AUTHORITY. All invoices shall be delivered to:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attn: Accounts Payable
In order for both parties herein to close their books and records, the CONTRACTOR will clearly
state "Final Invoice" on the CONTRACTOR'S finaUlast billing to the AUTHORITY. This
certifies that all services have been properly performed and all charges and costs have been
invoiced to the AUTHORITY. Since this account will thereupon be closed, any and other
further charges if not properly included on this final invoice are waived by the CONTRACTOR.
The AUTHORITY will retain 5% of the payment under each Task Order until such time as the
entire project is completed to the AUTHORITY'S satisfaction and all sub-contractors and any
material suppliers verify that they have been paid.
ARTICLE 4 -INSURANCE
During the performance of the services under this Contract, CONTRACTOR shall maintain the
following insurance policies, and be written by an insurance company authorized to do business
in Florida.
General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence, and with property damage limits of not
less than $1,000,000 for each occurrence.
Contract No. 07-240 -2-
•
2. Automobile Liability Insurance with bodily injury limits of not less than
$1,000,000 for each person and not less 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 Inswance in accordance with statutory
requirements and Employer's Liability Inswance with limits of not less
than $500,000 for each accident, $500,000 for each disease, and $500,000
aggregate.
4. Excess Liability Inswance with limits of not less than $10,000,000 for
each occurrence and annual aggregate.
Deductible amounts shall not exceed 5% of the total amount of required inswance in each
category. Should any policy contain any unusual exclusions, said exclusions shall be so
indicated on the certificate(s) of inswance.
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 inswance 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 inswance policies.
In the event that sub-contractors used by the CONTRACTOR do not have inswance, or do not
meet the inswance limits, CONTRACTOR shall indemnify and hold harmless the AUTHORITY
for any claim in excess of the sub-contractor's inswance coverage.
The CONTRACTOR shall not commence work under this Contract until all inswance required
as stated herein has been obtained and such inswance 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 similaz
circumstances and CONTRACTOR shall, at no additional cost to AUTHORITY, re-perform
services which fail to satisfy the foregoing standard of care.
The CONTRACTOR warrants that all services shall be performed by skilled and competent
personnel to the highest professional standazds in the field.
•
Contract No. 07-240 -3-
ARTICLE 6 -INDEMNIFICATION
6.I GENERAL
Having considered the risks and potential liabilities that may exist during the performance of the
services and in consideration of the promises included herein, AUTHORITY and
CONTRACTOR agree to allocate such liabilities in accordance with this Article 6.
6.2 INDEMNIFICATION
CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the AUTHORITY, its
employees and representatives, from any and all claims and liabilities including all attorney's
fees and court costs, including appeals, for which the AUTHORITY, its employees and
representatives, can or may be held liable as a result of injury (including death) to persons or
damage to property occumng by reason of any acts or omissions of the CONTRACTOR, its
employees, or agents, arising out of or connected with this Contract. The CONTRACTOR shall
not be required to indemnify the AUTHORITY or its agents, employees, or representatives,
when an occurrence results solely from the wrongful acts or omissions of the AUTHORITY, or
its agents, employees or representatives.
6.3 SURVIVAL.
Upon completion of all services, obligations and duties provided for in this Contract, or in the
event of termination of this Contract for any reason, the terms and conditions of this Article 6
shall survive.
ARTICLE 7 -INDEPENDENT CONTRACTOR
CONTRACTOR undertakes performance of the services as an independent contractor and shall
be wholly responsible for the methods of performance. AUTHORITY shall have no right to
supervise the methods used, but AUTHORITY shall have the right to observe such performance.
CONTRACTOR shall work closely with AUTHORITY in performing services under this
Contract.
The CONTRACTOR shall not pledge the AUTHORITY'S credit or make it a guarantor of
payment of surety for any Contract, debt, obligation, judgment, lien or any form of
indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Contract.
ARTICLE 8 -AUTHORITY TO PRACTICE
The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner.
ARTICLE 9 - COMPLLANCE WITH LAWS
u
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.
Contract No. 07-240 -4-
• ARTICLE 10 -SUB-CONTRACTING
The AUTHORITY reserves the right to accept the use of asub-contractor or to reject the
selection of a particulaz 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 asub-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 AUTHORITY'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 Boazd of the AUTHORITY.
ARTICLE 13 -AUTHORITY'S RESPONSIBILITIES
AUTHORITY shall be responsible for providing access to all project sites, and providing
information requved by CONTRACTOR that is available in the files of the AUTHORITY.
ARTICLE 14 -TERMINATION OF CONTRACT
This Contract may be terminated by the CONTRACTOR upon 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 CONTRACTOR. It may also
be temunated by the AUTHORITY with or without cause immediately upon written notice to the
CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR
shall be paid for services rendered to the AUTHORITY'S satisfaction through the date of
termination. After receipt of a Termination Notice and except as otherwise directed by the
AUTHORITY, the CONTRACTOR shall:
a. Stop work on the date and to the extent specified.
b. Terminate and settle all orders and subcontracts relating to the performance of
the terminated work.
• c. Transfer all work in process, completed work, and other material related to the
terminated work to the AUTHORITY.
Contact No. 07-240 -5-
d. Continue and complete all parts of the work that have not been terminated.
The CONTRACTOR shall be paid for services actually rendered to the date of termination and
for any reasonable costs incurred.
ARTICLE 15 -UNCONTROLLABLE FORCES
Neither the AUTHORITY nor CONTRACTOR shall be considered to be in default of this
Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The
term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Contract and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions,
with the exception of those events that trigger the activation of this Contract.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have,
with the exercise of reasonable diligence, prevented, removed or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other party describing
the circumstances and uncontrollable forces preventing continued performance of the obligations
of this Contract.
ARTICLE 16 -GOVERNING LAW AND VENUE
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County and the Contract will be
interpreted according to the laws of Florida.
ARTICLE 17 -NON-DISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, gender, age or national origin.
ARTICLE 18 -WAIVER
A waiver by either AUTHORITY or CONTRACTOR of any breach of this Contract shall not be
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 oI' 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
Contract No. 07-240 -6-
• 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 particulaz 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 the 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 - ENTIItETY OF CONTRACT
The AUTHORITY and the CONTRACTOR agree that this Contract sets forth the entire
Contract between the parties, and that there aze 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 aze 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 itself and its partners, successors, assigns and
legal representatives to the other party to this Contract and to the partners, successors, executors,
administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Contract
without the express written approval of the AUTHORITY via executed amendment.
ARTICLE 23 -CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Contract and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the
awazd or making of this Contract.
ARTICLE 24 -TRUTH-IN-NEGOTIATION CERTIFICATE
Execution of this Contract by the CONTRACTOR shall act as the execution of a truth-in-
negotiation certificate certifying that the wage rates and costs used to determine the
• compensation provided for in this Contract are accurate, complete, and current as of the date of
the Contract.
Contract No. 07-240 -7-
The said rates and costs shall be adjusted to exclude any significant sums should the
AUTHORITY determine that the rates and costs were increased due to inaccurate, incomplete or
noncurrent wage rates or due to maceurate representations of fees paid to outside contractors.
The AUTHORITY shall exercise its rights under this "Certificate" within one (1) year following
payment.
ARTICLE 25 - OWNERSHIP OF DOCUMENTS
CONTRACTOR shall be required to cooperate with other contractors relative to providing
information requested in a timely manner and in the specified form. Any and all documents,
records, disks, original drawings, or other information shall become the property of the
AUTHORITY for it's use and/or distribution as may be deemed appropriate by the
AUTHORITY.
ARTICLE 26 -ACCESS AND AUDITS
CONTRACTOR shall maintain financial and program records to justify all charges and costs
incurred in performing the work for at least three (3) years following final payment by the
AUTHORITY as Federal Emergency Management Agency sub-grantee as required by FEMA'S
322 Public Assistance Guide, page 114, as amended, incorporated in this Contract as Exhibit H.
The AUTHORITY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal working business hours at the
CONTRACTOR'S place of business.
REMAINDER OF PAGE INTENTIONALL Y LEFT BLANX
Contract No. 07-240 -8-
ARTICLE 27 -NOTICE
• Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As To AUTHORITY
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Office No.: 561-640-4000 Fax. No.: 561-640-3400
As To CONTRACTOR
Phillips and Jordan, Inc.
P.O. Drawer 604, 191 P&J Road
Robbinsville, North Cazolina 28771
Attention: Dudley Orr, Vice President
Office No.: 828-479-3371 / Mobile No.: 828-735-0947 Fax. No.: 828-479-3010
• 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 be 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 representatives of CONTRACTOR and AUTHORITY.
ARTICLE 28 -CONTRACT ADMINISTRATION
Services of CONTRACTOR shall be under the general direction of Mark Eyeington, Chief
Operations Officer, or his successor, who shall act as the AUTHORITY'S representative during
the term of the Contract.
ARTICLE 29 -KEY PERSONNEL
CONTRACTOR shall notify AUTHORITY in the event of key personnel changes which might
affect this Contract. Notification shall be made within five (5) days of said changes.
AUTHORITY has the right to reject proposed changes in key personnel and rescind this
Contract. The following personnel shall be considered key personnel:
• Dudley Orr
Paul Meckes
Contract No. 07-240 -9-
ARTICLE 30 - MINORITY/WOMEN/SMALL BUSINESS ENTERPRISE (M/W/SBE)
AFFIRMATIVE ACTION PROGRAM
The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for
minority participation in contracts and purchases. CONTRACTOR'S plan is to, at a minimum,
utilize to the greatest extent practicable the sub-contractors listed in Exhibit F and any other
M/W/SBE contractors identified as the services are performed. The AUTHORITY will require
documentary proof of the implementation and progress of the proposed plan.
The CONTRACTOR understands that any minority/small/women-owned firm utilized pursuant
to this Contract to meet the AUTHORITY M/W/SBE goals must be certified by a governmental
entity. Certificates shall be submitted for specific MIW/SBE'S listed in the plan.
The AUTHORITY does not certify vendors but will assist the CONTRACTOR by providing
listings of certified vendors in the area from other governmental entities. The AUTHORITY
accepts uncertified M/W/SBE'S to count towards its M/W/SBE goal provided they can be
confirmed as such and execute an affidavit for the AUTHORITY to that effect.
ARTICLE 31 -CONFIDENTIALITY
No reports, information, computer programs, documentation, and/or data given to, or prepared or
assembled by the CONTRACTOR under this Contract shall be made available to any individual
or organization by the CONTRACTOR without prior written approval of the AUTHORITY.
ARTICLE 32 -ESCALATION CLAUSE
The AUTHORITY acknowledges the fluctuating nature of prices. Therefore, on each annual
anniversary date of the Contract, the unit prices may be adjusted upward based on the following
formula of indices:
Fifty (50) percent of the price will be adjusted by the average monthly percentage change over
the twelve (12) month period ending the May immediately preceding the date for which the price
index adjustment is effective in the Consumer Price Index -Urban Wage Earners and Clerical
Workers - U.S. City Average -Private Transportation (Series ID CWUROOOOSATI, not
seasonally adjusted) as published by the Bureau of Labor Statistics of the U.S. Department of
Labor.
Fifty (50) percent of the price will be adjusted by the percentage change in the Average Hourly
Earnings of Production Workers (Series 1D CEU2000000008) as published by the Bureau of
Labor Statistics of the U.S. Department of Labor over the one year period ending the May
immediately preceding the date for which the price index adjustment is effective.
In the event that either of these indices is no longer available the parties shall mutually agree to a
replacement index. The value of the adjustment will be determined by the AUTHORITY.
Contract No. 07-240 -10-
• ARTICLE 33 -ORDER OF CONTRACT ACTIVATION/LOCATION ASSIGNMENT
This contract is one of the four (4) contingent contracts the AUTHORITY has entered into for
HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL. The Contracts awarded
will be activated on an as needed basis as solely determined by the AUTHORITY. The
AUTHORITY intends to activate the firm(s) in the order of the selection committee ranking, as
best meets the needs of the AUTHORITY. Two firms tied and were both ranked number one in
the selection process - Ashbritt, Inc. and Phillips & Jordan, Inc. The AUTHORITY has deemed
it to be in its best interest, at least initially, to divide Palm Beach County North and South with
Lake Worth Road being the dividing line. The AUTHORITY has assigned Ashbritt, Inc. to all
locations South of Lake Worth Road and Phillips and Jordan, Inc. to all locations North of Lake
Worth Road. Ceres Environmental Services and Crowder Gulf were ranked second and third
respectively. If activated they will be assigned to the location(s) deemed appropriate by the
AUTHORITY at its sole discretion. The AUTHORITY reserves the sole right to assign/reassign
any or all CONTRACTORS at any time as may be deemed appropriate depending upon the
circumstance(s), the event, or any other condition which may warrant such action.
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 1/3 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 underperformance 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. T'he daily report shall be submitted by 11:00
a.m. or earlier the following morning.
ARTICLE 35 -BONDS
CONTRACTOR shall maintain a Proposal Bond in the sum of $500,000. The CONTRACTOR'S
Proposal Bond will be returned to the Contractor in exchange for and acceptance of an appropriate
size bond as deternvned by the AUTHORITY after assessment of damage and defmition of the
CONTRACTOR'S scope of service. In case of hurricane caused damage, a Category I storm
would require a $2,000,000 Bond, a Category II would require a $4,000,000 Bond, a Category III
would require a $6,000,000 Bond, a Category N would require a $8,000,000 Bond, and a
Category V would require a $10,000,000 Bond. The Bond required would be a Performance and
Payment Bond. The cost of the Bond is included in the 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 be in effect for the entire term of the
• Contract except for the period(s) of time when a Performance and Payment Bond is in effect
Contract No. 07-240 -11-
In Wetness Whereof, the Salid Waste Authority of Palm Beach County, and Fhillips and
Jordan, Inc. have executed this Contract all as of the day and year first above un-itten.
SOLID WASTE AUTIIORITY OF PALM BEACH COUNTY:
Approved as to Form and Legal Sufficiency:
By:
General Counsel to the Authority
Attest:
1
. Corporate Secretary
Witness:
1.
2.
By:
Mark Hammond
Executive Director
PHILLIPS AND JORDAN, INC.: `~~'~~ ~
o ~~~
~'SVILL~
Uy. ~~~Y~NMM
(Corporate Seal)
Name:
Title: V l~ ~Y'QSIC~.I 1T
•
Contract No.: 07-240 -12-
•
u
•
PHILLIPS AND JORDON
PART B -HOURLY RATES
FEE SCHEDULE
EXHIBIT B
DEBRIS MANAGEMENT SITE SET-UP AND CLOSURE
DEBRIS CLEARANCE FOR ACCESS
OPTIONAL USE BY COUNTY AND OTHER GOVERNMENTAL ENTITIES
EQUIPMENT AND LABOR RATES
Equipment Type Hourly
Equipment
Rate Hourly
Labor
Rate Total
Hourly
Rate
Bobcat Loader $ 60.00 $ 35.00 $ 95.00
Crew Foreman w/Cell Phone and Pickup 15.00 60.00 75.00
Dozer, Tracked, DS or similaz 65.00 35.00 100.00
Dozer, Tracked, D6 or similaz 85.00 35.00 120.00
Dozer, Tracked, D7 or similar 105.00 35.00 140.00
Dozer, Tracked, D8 or similaz 145.00 35.00 180.00
Dump Truck, 18 CY-20 CY 35.00 35.00 70.00
Dump Truck, 21CY-30 CY 35.00 35.00 70.00
Generator and Lighting 20.00 -0- 20.00
Grader w/ 12' Blade 75.00 35.00 110.00
Hydraulic Excavator, 1.5 CY 80.00 35.00 115.00
Hydraulic Excavator, 2.5 CY 90.00 35.00 125.00
Knuckleboom Loader 115.00 35.00 150.00
Laborer w/Chain Saw -0- 45.00 45.00
Laborer w/small tools, traffic control, flag person -0- 32.00 32.00
Lowboy Trailer w/Tractor 75.00 35.00 110.00
Operations Manager w/Cell Phone and Pickup 15.00 70.00 85.00
Pickup Truck, .5 Ton 115.00 -0- 15.00
Soil Compactor 81 HP+ 45.00 35.00 80.00
Soil Compactor to 80 HP 40.00 35.00 75.00
Soil Compactor, Towed Unit 35.00 35.00 70.00
Truck, Flatbed 25.00 35.00 60.00
Tub Grinder, 800 to 1,000 HP 550.00 -0- 550.00
Water Truck 45.00 35.00 80.00
Wheel Loader, 2.5 CY, 950 or similaz 60.00 35.00 95.00
Wheel Loader, 3.5-4.0 CY, 966 or similar 75.00 35.00 110.00
Wheel Loader, 4.5 CY, 980 or similaz 95.00 35.00 130.00
Wheel Loader-Backhoe, 1.0-1.5 CY 60.00 35.00 95.00
Contract No. 07-240
Page 2 of 2