3THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUIVI
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda Item No.: 3 October 17, 2017
A Resolution authorizing the City Manager to enter into an agreement
with Looks Great Services of MS, Inc. for hurricane cleanup and debris
disposal.
As a result of the impacts due to Hurricane Irma within South Miami, and
the significant amount of debris requiring pick-up and disposal, the City
desires to supplement the work of Miami-Dade County for debris removal
and provide the City with more options for hurricane cleanup and disposal.
The agreement with Looks Great Services of MS, Inc., is a piggyback off its
contract with Florida City.
Services will include debris hauling and trimming and stump removal for
trees damaged by Hurricane Irma.
Resolution for approval
Piggyback Agreement, Looks Great Services of MS.
Sun Biz
1 RESOLUTION NO. ________ _
2
3 A Resolution authorizing the City Manager to enter into an agreement with
4 . Looks Great Services of MS, Inc. for hurricane cleanup and debris disposal.
5
6 WHEREAS, the City desires to supplement the work of Miami-Dade County for
7 debris removal and provide the City with more options for hurricane cleanup and disposal
8 including debris hauling and trimming and stump removal for trees damaged by Hurricane
9 Irma.
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
13
14 Section 1. The City Manager is authorized to enter into an agreement between the
15 City of South Miami and Looks Great Services of MS, Inc., piggybacking off of its contract
16 with Florida City for hurricane cleanup and disposal including debris hauling and trimming
17 and stump removal for trees damaged by Hurricane Irma.
18
19 Section 2. If any section clause, sentence, or phrase of this resolution is for any
20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
21 shall not affect the validity of the remaining portions of this resolution.
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Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ th_day of _____ ,' 2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
32 READ AND APPROVED AS TO FORM, COMMISSION VOTE
33 LANGUAGE, LEGALITY, Mayor Stoddard:
34 AND EXECUTION THEREOF: Vice Mayor Welsh:
35 Commissioner Edmond:
36 Commissioner Harris:
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CITY ATTORNEY
Commissioner Liebman:
CONTRACT
THIS AGREEMENT made and entered into this __ day of ,2017 by and
between the City of South Miami, a Florida municipal Corporation by and through its City Manager
(hereinafter referred to as "City") and Looks Great Services of MS, Inc.,_a Mississippi corporation,
(hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, FLORIDA CITY solicited bids, pursuant Request for Proposals (RFP) No. City
2017-004 for debris removal; and
WHEREAS, FLORIDA CITY, after completing a competitive bidding process, awarded a
contract to Contractor, and
WHEREAS, the City of South Miami desires to utilize the FLORIDA CITY contract with
Contractor; and
WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to
piggyback off of contracts, such as the contract in question between FLORIDA CITY and
Contractor, that were entered into in accordance with a solicitation process that is at least as
vigorous as that of the City of South Miami.
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
1. The City desires to enter into a Contract, under the same provisions as set forth in
the Request for Proposals (RFP) No. City 2017-004 and the contract between FLORIDA CITY
and Contractor pursuant to that solicitation, as modified by this Agreement.
2. The City has reviewed the contract between FLORIDA CITY and Contractor and
agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by
the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to
provide such goods and/or services, pursuant to the City's purchase order made during the term of
this Agreement, under the same price(s), terms and conditions as found in the solicitation
documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent
copies of which are attached hereto as Exhibit A and made a part hereof by reference.
3. All references in the contract between FLORIDA CITY and Contractor shall be
assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions
that are to be made on behalf of the FLORIDA CITY, as set forth in FLORIDA CITY's contract
with Contractor, shall all be made by the City Manager for the City of South Miami.
Notwithstanding anything contained in Request for Proposals (RFP) No. City 2017-004 and the
contract between FLORIDA CITY and the Contractor to the contrary, this Agreement shall be
governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall
be in Miami-Dade County, Florida.
4. Term. The term of this Agreement shall not exceed one year.
5. Scope of Goods and Services. The scope of goods and services are set forth in the
attached Exhibit A and any attachments thereto and the City's purchase order, the latter of which
shall take precedence. The Contractor has agreed to deliver, and install in a workman like manner
Thomas F. Pepe -10-2-2017
Page 1 of 5
and in accordance with all state, county and City laws, at the locations designated by the City, all of
the goods and/or services reflected in Exhibit A and any attachments thereto within __ days from
the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits
required for the work with the exception of permits fees charged by the City, said fees shall be
waived.
6. Contract Price. The contract price for the good and/or services is set forth in the
attached Exhibit A. If not otherwise set forth in the contract between FLORIDA CITY and the
Contractor, the Contractor shall be paid upon delivery of all the goods, the completion of all the
services and after final inspection and approval by the City that approves of the goods delivered and
the work performed.
7. Precedence. The term, provisions and conditions of this Agreement shall take
precedence over the terms of the contract between Contractor and FLORIDA CITY.
8. Grant Funding: This project is being funded by FEMA and Contractor agrees to
comply with all the requirements ofFEMA, applicable to the delivery of the goods and/or services
that are the subject ofthis Agreement, and that are within its power to provide and to provide all the
documentation within its control that is required for the City to be able to recover the contract price
pursuant to the terms of the grant.
9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with
the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the
CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this
Project and shall: (a) Keep and maintain public records required by the public agency to perform the
service; (b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; ( c)
Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the public agency;
and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession ofthe contractor or keep and maintain public records required by the public agency to perform
the service. If the contractor transfers all public records to the public agency upon completion of the
contract, the contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract, the contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the information technology
systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO·
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South
Miami, FL .33143.
10. Waiver Jury Trial:. City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings
in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents
Thomas F. Pepe -10-2-2017
Page 2 ofS
or the performance of the Work thereunder.
11. Validity of Executed Copies: This Agreement may be executed in several
counterparts, each of which may be construed as an original.
12.Notice: All notices to the City shall be sent to: City Manager, 6130 Sunset Drive,
South Miami, Florida 33143.
13. Attorneys , Fees and Costs: In the event of any litigation between the parties arising
out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own
costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified
for any attorney fees incurred in the defense of an action by a person or entity who is not a party to
this Agreement.
14.Indemnification: Notwithstanding anything contained in the contract between
Contractor and FLORIDA CITY to the contrary, the City does not waive its sovereign immunity
granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited to the
waiver of sovereign immunity provided for in Section 768.28.
15.Severability: If any term or provision of this Agreement or the application thereofto
any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby and each term and
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned
representatives of the parties hereto have caused this instrument to be signed in their respective names
by their proper officials on or before the day and year first above written.
Looks Great Services of MS, Inc.,
a Mississippi corporation,
By: _____________ _
(type name and title of signatory above)
ATTEST: CITY OF SOUTH MIAMI
By: ______________ By: _________ _
Maria M. Menendez, CMC
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof.
By: ______ _
Thomas F. Pepe
City Attorney
Thomas F. Pepe -10-2-2017
Page 3 of5
Steven Alexander
City Manager
EXHIBIT A
• Florida City RFP
• Scope of Services
• Contract Price
Thomas F. Pepe -10-2-2017
Page 40f5
REQUEST FOR PROPOSALS
FOR DISASTER DEBRIS REMOVAL, REDUCTION,
AND DISPOSAL SERVICES
RFP # City 2017-004
PURPOSE: Florida City is soliciting sealed proposals to provide Disaster Debris Removal,
Reduction, and Disposal Services from a qualified Contractor capable of providing debris
removal and reduction services. Also, the Contractor will provide a knowledge of FEMA
Program requirements for Category A Debris Removal. These services will include, but not be
limited to, the "Scope of Services" as described herein.
A. INSTRUCTIONS TO PROPOSERS:
Because of possible impacts from Hurricane Irma, an email copy of your proposal for
"DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL SERVICES" must be
transmitted to richard.syauts@floridacityfl.gov by Thursday, 10:00am, September 7, 2017. A
paper original and one electronic copy, of the proposal must also be submitted in a sealed
envelope before close of business on September 15, 2017 marked Attn: Ms. Jennifer Evelyn,
City Clerk, City Hall, 404 West Palm Drive, Florida City, FL, 33034. A contract will be
awarded by the City Commission during their Regular Meeting on or after September 12,2017.
The City reserves the right to reject any or all bids and to award contract(s) in the best interest of
the City.
The time and date for receipt of Proposals will be scrupulously observed. Late transmittal delays
will be rejected as non-responsive regardless for the reason for delay.
Any and all questions or requests for information relating to this Request for Proposal shall be
submitted by email or before 5:00PM on September 6,2017.
Contact Information:
Rick Stauts, Executive Director
Florida City Community Redevelopment Agency
404 West Palm Drive
Florida City, FL 33034-3346.
Email: richard.stauts@floridacityfl.gov
Office: (305) 247-8221
Fax: (305) 242-8133
Interested firms may not contact any staff member of Florida City except the above referenced
individual. All inquiries related to this RFP will be routed to the appropriate staff member for
response.
The RFP title and number should be referenced on all correspondence. If any questions or
responses require revisions to the Scope of Work as originally published, such revisions will be
by formal amendment only.
B. TERMS AND CONDITIONS:
1. Florida City reserves the right to accept or reject any or all proposals, with or without
cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best serves
the interest of the City, or to award a contract to the next most qualified proposer if a successful
proposer does not execute a contract within 10 days of award or notice to mobilize after the
selection by the City. Florida City reserves the right, to cancel a solicitation at any time prior to
approval of the award by the City.
2. Florida City reserves the right to request clarification of information submitted and to
request additional information of one or more applicants.
3. Any proposal may be withdrawn until the date and time set above for the submission of
the proposals.
4. Costs of preparation of a response to this request for proposals are solely those of the
proposers. Florida City assumes no responsibility for any such costs incurred by the proposer.
The proposer also agrees that Florida City bears no responsibility for any costs associated with
any administrative or judicial proceedings resulting from the solicitation process.
5. The proposer receiving the award will obtain or possess the following insurance
coverage's, and will provide Certificates of Insurance to Florida City to verify such coverage.
a.) Workers' Compensation -The vendor shall provide coverage for its employees with
statutory workers' compensation limits, and no less than $1,000,000.00 for Employers' Liability.
Said coverage shall include a waiver of subrogation in favor of Florida City and its agents,
employees and officials.
b.) Commercial General Liability -The vendor shall provide coverage for all operations
including, but not limited to Contractual, Products and Completed Operations, and Personal
Injury. The limits shall be not less than $1,000,000.00.
c.) Professional Liability (Errors & Omissions) -The vendor shall provide coverage for all
claims arising out of the services performed with limits not less than $1,000,000.00 per claim.
The aggregate limit shall either apply separately to this contract or shall be as least twice the
required per claim limit.
d.) Automobile Liability Insurance -Automobile Liability coverage shall be in the minimum
amount of One Million Dollars ($1,000,000) per occurrence.
6. The consulting firm awarded this contract shall maintain adequate records to justify all
charges, expenses, and costs incurred in estimating and performing the work for at least five (5)
years after completion of the contract resulting from this RFP. Florida City shall have access to
all records, documents and information collected and/or maintained by others in the course of the
administration of the agreement. This information shall be made accessible to the City at the
awardees place of business for purposes of inspection, reproduction and audit without restriction.
7. Florida City will negotiate with the selected contractor, reimbursement rates and may
enter into a contract between the City and the selected contractor for a two (2) year period
effective from date of award. In addition, the contract may be renewed for two (2) additional one
(1) year periods under the same terms and conditions.
8. CFR 200 Compliance Language
Procurements: While assisting the City with project procurements or in the event the vendor
must procure additional resources post-contract award, the awarded proposer will strictly adhere
to 2 CFR 200 procurement rules. This includes adhering to the strictest provisions of Federal,
State, and Local procurement Rules, Regulations and/or Ordinances, etc.
C. PROPOSAL FORMAT:
Proposers must succinctly respond in the format delineated below. Elaborate, irrelevant, or
otherwise unnecessary information will not be considered.
The following information shall be tabbed on the paper copy to identify the required information.
Failure to submit this information will render your proposal non-responsive.
1. QUALIFICATIONS OF THE FIRM
a) Submit background information about your company including such information as the
officers, date and location (State) of incorporation, and the names of the staff directly involved
with debris removal services.
b) Submit an Organizational Chart, including names of individuals and titles on the
organizational chart.
c). Submit documents exhibiting knowledge and experience representing FEMA eligible
applicants, local governments, municipalities or others with various state and federal funding
sources and reimbursement processes, including FEMA (Federal Emergency Management
Agency), FHW A (Federal Highway Administration) per Hurricane Sandy Recovery Act.
2. QUALIFICATIONS OF STAFF
Provide key staff resumes, and summary of staff qualifications. Key project staff (management
staff including, but not limited to: project manager, damage assessments engineers, FEMA
program reimbursement specialist, grants management, data manager, etc. must be full time
employees of the proposing firm and have experience, working for the proposer, in the
following:
a.) Experience demonstrating current capacity and current expertise III FEMA Disaster
Debris Removal, Reduction, and Disposal Services.
b.) Documented knowledge and experience of federal, state and local engineering, and
emergency agencies, state and federal programs, funding sources and reimbursement processes.
3. OPERATIONS PLAN
a.) Itemize what assistance and training the Contractor will provide for the City prior to a
disaster occurring.
b.) Provide how your firm plans to mobilize, including response time. Detail the
methodology for emergency road clearing, debris removal, temporary debris storage reduction
(TDSR) site activation, management and site closure. Contractor is to ensure full compliance
consistent with, OSHSA safety regulations, Federal Emergency Management Agency (FEMA)
requirements for cost reimbursement for debris management, removal, reduction and disposal.
c.) Detail how contractor plans to recruit and utilize local contractors and other businesses.
d.) Provide methodology for collecting debris, describe any segregation requirements, and
the final method of debris transport. Explain the methodology for debris reduction.
e.) Outline the process whereby the City and the Contractor coordinate all documentation
that adheres to federal, state, and FEMA guidelines for reimbursement. Explain the recovery
process and how the Contractor will interact with the CitylUtility with regard to documentation
for reimbursement.
f.) Provide a description of the Contractor's approach to the project, for all FEMA
Categories A-G city representation. In this portion, please discuss any and all items that may be
unique to your company, or additional services that may benefit the City.
4. COST PROPOSAL
Each Proposer must complete and submit the attached Cost Proposal Form/Fee Schedule. The
Cost Proposal will be evaluated on the hourly and quantity rates submitted on the cost proposal
form. All non-labor projected costs will be billed to Florida City at cost without markup.
NOTE -Proposal rates may be negotiated and finalized prior to contract award.
5. MINORITY PARTICIPATION
Document the basis for any claim to the points allowed in the ranking process for Minority
Business Enterprises or Women's Business Enterprises.
D. SELECTION CRITERIA: Evaluation of Responses:
All properly submitted RFP Packages shall be evaluated by Florida City based on the below
selection criteria.
The City desires to avoid the expense to all parties of unnecessary presentations; however, the
City may elect to conduct oral interviews or presentations from one or more of the respondents in
order to make a final determination of the top rankings. If the City elects to conduct oral
interviews or presentations, selected firms will be notified. All such presentations or interviews
shall be open to the public.
The following weighted criteria will be utilized to select the consultant awarded this contract. .
1.
2.
3.
4.
5.
Firm History and Qualifications
Qualifications of the Staff
Key Staff Project Understanding and Approach
Cost Proposal
Minority Participation (MWDBE)
E. GENERAL SCOPE OF SERVICES
20 points
25 Points
25 Points
20 Points
10 Points
100 Points
A general description of the scope of services required includes, but is not limited to, the
following. Unless otherwise specified herein, the Contractor is to furnish all materials, tools,
equipment, manpower, and consumables to complete the work.
1. The services to be provided by Contractor for the City include those which are necessary
for the removal of vegetative waste andlor construction/demolition debris, bulk refuse from CitY
streets, Utility right-of-ways, public parks and public places, including, but not limited to
condemned personal/private property and debris placed on or in these public right of way sites as
approved by the City to be removed by the Contractor.
2. Debris to be removed by the Contractor will be designated by a City official, inspector, or
other personnel approved by the City.
3. The methodes) utilized for debris removal under this agreement are to be determined by
the Contractor and approved by the City. The Contractor shall be entitled to employ heavy
equipment, trucks, loaders, chainsaws and personnel necessary to accomplish the objective of the
City. The work to be performed under this agreement shall consist of the Contractor clearing and
removing any and all eligible debris for the City by a process including: 1) examination of debris
to be hauled; 2) cutting, clearing, stacking, sorting or moving debris to facilitate loading; 3)
loading and hauling debris to location(s) approved by the City. The City may instruct the
Contractor to grind or reduce the City's vegetative debris removed. The City may also use an
existing Waste Management Contract for disposal of vegetative and other debris disposal.
Contractor may negotiate with Waste Management for better disposal pricing.
4. The Contractor shall perform work so as not to interfere with the normal operations of the
City, state or federal functions and or violate existing regulations of these or other regulatory
agencies.
5. The Contractor shall promptly correct all Work rejected by the City as failing to conform
to this Agreement. The Contractor shall bear all costs of correcting such rejected Work. Rejected
work shall consist of that work which is deemed ineligible by the City's representative.
6. The parties agree that time is of the essence in the completion of the Work called for
under this Agreement. The Contractor agrees that all Work shall be executed regularly,
diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof
within the time specified.
F, FEMA's ALTERNATIVE PROCEDURES PILOT PROGRAM FOR DEBRIS
REMOVAL
1. In January 2013 President Obama signed the Sandy Recovery Improvement Act, which
amended the Stafford Act to include Section 428 which authorizes Alternative Procedures for
Public Assistance (PA) program for debris removal. Section 428 authorizes FEMA to implement
the Alternative procedures through a Pilot Program. The Alternative Procedures include:
a.) Accelerated Debris'Removal with an increased federal cost share.
b.) Recycling revenues.
c.) Straight time force account labor.
d.) Debris Management Plan-to include one or more pre-qualified debris removal
contractors.
2. The City will be implementing a "Debris Management Plan" developed in accordance
with FEMA's s Debris Removal Pilot Program for accelerated debris removal and FEMA's
95280.1. The Contractor selected will need to attend a yearly Debris Management meeting to
have knowledge of City debris management plans in the event of a disaster. The following items
will be discussed at this annual meeting:
a.) Project worksheet and other required report preparation for reimbursement from FEMA
and any other applicable agency for disaster recovery efforts by City staff and designated debris
removal contractors.
b.) Final report and appeal preparation and assistance.
c.) Other disaster recovery services as requested by the City.
G. SPECIFIC PROVISIONS
1. The successful Contractor must have a representative present in the City's office or
Emergency Operations Center within twenty four (24) hours of Notification to Proceed and be
able to mobilize equipment and personnel to the designated location within forty-eight (48) hours
of Notice to Proceed. The City generally is isolated for a period of twenty-four (24) to forty-
eight (48) hours following the most likely debris event, a hurricane. If necessary, the successful
contractor may need to pre-stage in the region.
2. Emergency road clearing on right of ways in the City and on City owned properties shall
be performed on a time and material basis only as authorized by the City and up to seventy (72)
hours or other limits allowed by Federal requirements as applicable. However, experience has
shown the fire departments, Florida Department of Forestry, farmers, and other volunteers
generally have the initial cut through promptly completed. Work conducted on the right of ways
shall be limited to the point where fallen vegetation and other debris enter the right of ways. No
equipment or personnel may operate beyond the right of ways unless specifically approved by
the City.
3. The Contractor shall supply the City with a list of potential local sub-contractors. The
Contractor will participate in the City's Minority or WDBE (Women Disadvantage Business
Entities) programs and shall categorize the contractor's ability to utilize local contractors and the
Contractor's general requirements for doing so.
4. The Contractor shall provide all necessary security and oversight for all operations.
5. The Contractor shall provide sufficient traffic control and warning devices for conducting
work on streets and highways.
6. The anticipated Contractor work hours are sun up to sun down, seven days per week
unless otherwise approved by the City.
7. The Contractor shall hire and supervise any needed hazardous materials specialists and
handle the disposal of all hazardous substances in accordance with all laws and regulations. (The
City will allow cost + 1 0% for handling.)
8. The Contractor shall operate within the requirements of the Occupational Safety and
Health Act, and all other applicable federal and state laws, rules, and regulations.
9. The City shall accept the serialized copy of the Contractor's debris load ticket(s) as the
certified, original source documents to account for the measurement and accurimlation of the
volume of debris delivered and processed at the reduction and/or disposal site(s). The ticketing
system will also be used in the event of additional debris handling for volume reduction andlor
the possible requirement for a debris transfer station(s). These tickets shall be used as the basis of
any electronic generated billing and/or report(s), and include a minimum of5 carbon copies. The
load ticket will include the following:
a.) Date, and Client
b.) Preprinted Number
c.) Hauler's name
d.) Truck number
e.) Truck Capacity in cubic yards
f.) Actual Load-as percentage full, to be assigned by Debris Monitors
g.) Load amount in billable cubic yards
h.) Debris classification as vegetative, mixed other. ..
i.) Point of origin for debris collected and time loaded
j.) Dumpsite location and time dumped
k.) All load tickets will be reconciled daily at close of operations with disposal facility by the
next morning to prevent discrepancies in cubic yards.
10. The City may identify one or more Temporary Debris Storage Reduction Sites (TDSRs),
in the event the disposal facility cannot accept the vegetative and C&D debris. All site work on
these sites must be approved by the City. The contractor will prepare a site layout and plan in
advance for these sites to include:
a.) Access to site
b.) Site management, to include point-of-contact, organizational chart, etc.
c.) Site preparation, -clearing, erosion control, and grading
d.) Traffic control procedures
e.) Site Safety, Site Security
f.) Site Layout/Segregation of debris
g.) Hazardous waste material plan
h.) Location of ash disposal area, hazardous material containment area, contractor work area,
and inspection tower (if required)
i.) Location of incineration operations, grinding operation (if required). Note: All
incineration and grinding operations shall be in accordance with Appendix H, Public Assistance
Debris Management guide, FEMA 325 latest edition, and with Miami-Dade Department of
Regulatory and Environmental Resources
j.) Location of existing structures or sensitive areas requiring protection
k.) Environmental mitigation plan-noise, traffic, buffer zones, storm water runoff
1.) All necessary licenses, permits, and fees for the same are the responsibility of the
Contractor, including Site Closure.
In the event the debris is taken to a permitted landfill for disposal the contractor will maintain a
representative to prevent any landfill traffic or load cubic yard discrepancies.
11. The Contractor shall construct an inspection tower at each debris storage site as requested
by the City. The tower 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. Tower shall be built in accordance with approved Florida Building Codes,
and be able to hold 3 people.
12. The Contractor shall be responsible for reporting to the City and cleaning up all spills
caused by the Contractor's operation at no additional cost to the City or any other governmental
identity. Immediate containment action shall be taken as necessary to minimize effect of any
spill or leak. Cleanup shall be in accordance with applicable federal, state, and local laws and
regulations.
Spills shall be reported to the City Emergency Contact immediately following discovery. A
written follow-up shall be submitted to the City Representative not later than seven (7) days after
the initial report. The written report shall be in narrative form and as a minimum shall include
the following:
a.) Description of the material spilled
b.) Determination as to whether or not the amount spilled is EP Alstate reportable
c.) When and to whom it was reported
d.) Exact time and location and spill
e.) Receiving stream or waters, if applicable
f.) Cause of incident and equipment and personnel involved
g.) Injuries or property damage
h.) Duration of discharge
i.) Containment procedures initiated
j.) Summary of all communication the Contractor had in regards to the spill
k.) Description of cleanup procedures
PRICE PROPOSAL FORM
DISASTER DEBRIS REMOVAL AND DISPOSAL
PART A
Emergency Services -EMERGENCY ROAD CLEARING-from roads to right-of-way, and
Utility ROW during the FEMA State, and city declared 72-hours immediate disaster. Includes
Emergency cutting and removing of dangerous limbs that are an immediate threat to public safety,
health and welfare
See the EMERGENCY Road clearing Rate Sheet: LIMITED 72 HOURS ONLY. ONLY
LABOR AND EQUIPMENT
EQUIPMENT WI OPERATORS PER HOUR
TRACKHOE J.D. 690 OR EQUAL
644 LOADER OR EQUAL
644 LOADER WI GRAPPLEI (2-2.5CY)
D6DOZER
BOBCAT/SKIDSTEER W/GRAPPLE-LSI80
D 6 POZER ( LGP)
RUBBER TIRE BACKHOE
TRANSPORT WI LOBOY
MAINTENANCE TRUCK
15-24 CY DUMP TRUCK
25-34CY DUMP TRUCK
35-44 CY DUMP TRUCK
45-54 CY DUMP TRUCK
65-74 CY DUMP TRUCK
75 + CY DUMP TRAILER
DIAMOND Z TUB GRINDER
WATER TRUCK 2000 GAL
CHAINSA W OPERATOR ( WITH SAFETY GEAR)
TRAFFIC CONTROL TECHNICIAN (WITH SAFETY GEAR)
PROJECT MANAGER WITH TRUCK
FIELD SUPERVISOR WITH TRUCK
CREW LEADER WITH TRUCK
HAZMAT REMOVAL-COST + 10%
BUCKET TRUCKS (LIST SIZES)
OTHER-
OTHER-
OTHER-
OTHER-
OTHER-
PARTB
Debris Removal, Reduction and Disposal Operations and Debris Removal and Reduction
Non-Emergency Services
Respondents are )to make no changes to the following table and are required to fill it out
completely. Values must be provided for all categories below or the response may be deemed
non-responsive.
1. Rights-of-Way Vegetative Collection Rate
Vegetative debris collected from public or private right-of-way (ROW) and improved public
lands, hauled to, and dumped at the debris management site(s) (Within Roundtrip 30 mile haul)
Per Cubic Yard $ -------
2. Condemned Private Property Vegetative Collection Rate
Vegetative debris collected from private property deemed to be a safety hazard by the City will
be, demolished per note, below, hauled to, and dumped at the debris management site(s). This
includes the removal of demolished materials (Within Roundtrip 30 mile haul).
Per Cubic Yard $ -------
3. Public Right of Way Construction and Demolition Collection Rate
Construction and demolition debris collected from designated work zone, hauled to, and dumped
at the debris management site(s) or other designated location (Within Roundtrip 30 mile haul).
Per Cubic Yard $ ______ _
CONDEMED PROPERTIES: In the event condemned properties or unsafe structures are
deemed a safety and health hazard to our community, the contractor will provide a per structure
price for demolition and proper disposal of condemned property.
Per Structure $ -------
4. Debris Reduction
Debris Reduction of vegetative debris via grinding at temporary debris storage reduction site
(TDSR) or other designated location. Price includes set-up, management, maintenance of onsite
entry and exit roads, and closure of temporary debris storage and reduction site (TDSR).
Per Cubic Yard $ -------
Final Haul out to a permitted disposal facility (Assume 30 mile round trip haul).
Per Cubic Yard $ -------
5. Debris Disposal
Debris Disposal at permitted Landfill-price to be determined and negotiated. Based upon landfill
availability at time of disaster. Leave this price blank. Disposal Tipping fees will be anegotiated
or pass through amount. .
Per Cubic Yard $ -------
6. Cutting Partially Uprooted or Split Trees (Leaners).
Remove falling partially uprooted or split trees from the ROW, or the overhanging portion of the
limb over the ROW, and placing the debris in the ROW for haul-off to designated debris
management site. This includes all Utility ROW. For a split leaner (No exposed root ball, price is
inclusive of flush cutting the tree trunk.
Partially Uprooted Leaner (Price is inclusive of excavating the root ball and placing it in the
ROW). Diameter of tree is calculated at 2-feet from base
Less than 24 inches Per Tree $ ________ _
24 -36 inches Per Tree $ ________ _
36 -48 inches Per Tree $ ________ _
Greater than 48 inches Per Tree $ ________ _
7. Removal of Dangerous Hanging Limbs (Hangers) -During Debris Removal-Non-
Emergency Services.
Remove hanging or partially broken limbs from trees in the ROW, or limbs hanging over the
ROW, and placing the debris in the ROW for haul-off.
Trees with hazardous limbs> 24 inches Per Tree $ _______ _
8. Stump Removal and Collection Rate
Removal and collection of stumps partially uprooted in the ROW. Stumps will be identified and
certified in the ROW by the City or its representative. Stumps will be hauled to and dumped at a
debris management site(s) or other designated location. Diameter of Stump at 2-feet from base
Less than 24 inches Per Tree $ ________ _
24 -36 inches Per Tree $ ________ _
37 inches-48 inches Per Tree $ ________ _
Greater than 48 inches Per Tree $ ________ _
9. Backfil
Supply and placement of clean fill dirt into holes created by stump, tree, or bush removal in the
ROW.
Per Cubic Yard $ -------
10. Reduction of Construction &Demolition debris at debris management site(s) or other
designated location.
Per Cubic Yard $ -------
11. Final Haul-out of reduced vegetative debris, (include disposal costs)
Reduced vegetative debris hauled from debris management site( s) or other designated location to
final disposal site. Not including Disposal costs.
Within 20 mile roundtrip haul-Per Cubic Yard $ _____ _
Within 30 mile roundtrip haul-Per Cubic Yard $ ______ _
Disposal and Tipping fees will be negotiated or established as a pass through amount.
11. Haul reduced C&D debris to final disposal site (include disposal costs)
Reduced C&D debris hauled from debris management site(s) or other designated location, to final
disposal site.
Within 20 mile roundtrip haul-Per Cubic Yard $ _____ _
Within 30 mile roundtrip haul-Per Cubic Yard$ ______ _
Disposal and Tipping fees will be negotiated or pass through amount.
ADDITIONAL SERVICES PER AUTHORIZED TASK WORK ORDERS
FEMA PROGRAM ASSISTANCE AND GRANTS MANAGEMENT
FEMA PROGRAM ASSISTANCE RATES
SPECIALTY RATE
PROJECT DIRECTOR $
ASST. P[ROJECT DIRECTOR $
HAZARD MITIGATION SPECIALIST $
FEMA PROGRAM ASST. PROJECT SPECIALIST $
FIELD SUPERVISOR $
SAFETY SUPERVISOR $
ADMINISTRATIVE ASSISTANT/BILLING & INVOICING $
TICKET/DATA ENTRY $
GRANTS MANAGEMENT $
OTHER-$
OTHER-$
OTHER-$
OTHER-$
OTHER-$
OTHER-$
OTHER-$
Rates include all costs including payroll, per diem, mobile phones, etc. Travel and hotel will be
billed at cost.
DISASTER DEBRIS REMOVAL, REDUCTION, AND
DISPOSAL SERVICES RESPONDENT'S CERTIFICATION
I have carefully examined the Request for Qualification.
I hereby propose to furnish the services specified in the Request for Qualification. I agree that my
submittal will remain firm for a period of at least 365 days in order to allow the City adequate
time to evaluate the submittals and determine a ranking of the most qualified Responders.
I certify that all information contained in this submittal is truthful. I further certify that I am duly
authorized to provide this submittal on behalf of the Responder as its agent and that the
Responder is ready, willing and able to perform ifan Agreement is executed.
I further certify, under oath, that this submittal is made without prior understanding, agreement,
connection, discussion, or collusion with any other person, firm or corporation tendering a
submittal for the same service; that no officer, employee or agent of the City or any other
respondent has an interest in said submittal; and that the undersigned executed this Respondent's
Certification with full knowledge and understanding of the matters therein contained and was
duly authorized to do so.
Respond~r
BY:
Signature
Name and Title, Typed or Printed
Mailing Address
City, State, Zip Code
( )~~---------
Telephone Number
Sworn to and subscribed before me
this __ day of _____ --', 20 __
Notary Public Signature
STATEOF _________ _
Printed, typed or stamped name of notary public
My Commission Expires _____ _
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the CITY OF FLORIDA CITY, FLORIDA
by: ________________ ~~~~~_=------~~----------------------
(print individual's name and title)
for:
(print name of entity submitting sworn statement)
whose business address is: ---------------------------------------------------
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: ) ------------------_.
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the
United States, including but not limited to, any Response or contract for goods or services to be provided
to any public entity or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentations.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, non-jury trial, or entry ofa plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defmed in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest
in another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Agreement and which bids or applies to bid on Agreements for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors, executives,
partners. shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement. (Indicate which statement applies).
o Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime
subsequent to July 1, 1989.
o The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989 ..
o The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the final Order entered
by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO AN AGREEMENT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Signature
Printed Name
Sworn to and subscribed before me this ____ day of ____________ ---', 20 __
Personally known
OR
Produced identification
Type of identification
----------Notary Public -State of _____ _
My commission expires: ______ _
Printed, typed or stamped name of notary public
AMERICANS WITH DISABILITIES ACT (ADA)
DISABILITY NONDISCRIMINATION STATEMENT
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC.
This sworn statement is submitted to the CITY OF FLORIDA CITY, FLORIDA
by:~~~~~ ____ ~~~ ____________________________________ ___
(print individual's name and title)
for: ______ ~~--~~~------------~---------------------------------(print name of entity submitting sworn statement)
whose business address is: ________________________________________________ __
and (if applicable) its Federal Employer Identification Number (FEIN) is: _________________ '
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: . )
I, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agreed to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with
all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access to
facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213
and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III,
Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513,
Florida Statutes:
The Rehabilitation Act of 1973, 229 USC Section 794;
The Federal Transit Act, as amended 49 USC Section 1612;
The Fair Housing Act as amended 42 USC Section 3601-3631.
Signature
Sworn to and subscribed before me this _______ day of _________________________ ., 20 ___
Personally known
OR
Produced identification
Type of identification
-------------------Notary Public -State of ______ _
My commission expires: ______ _
Printed, typed or stamped name of notaty public
CONFLICT OF INTEREST
DISCLOSURE FORM
Information and Instructions
The City of Florida City, Florida, requires this disclosure statement to be completed and filed with
all proposals, bids responses, contracts, or grant or loan requests to the City in excess of
$10,000. The disclosure statement is not required for contracts for gas, water, and electric
services where no competition exists, or where rates are fixed by law or ordinance. In
circumstances where a contract is awarded by competitive bid, the disclosure statement shall be
required from persons submitting responses to requests for proposals, requests for qualifications,
invitation to bid, grant applications, or other proposals.
A copy of the disclosure statement shall be maintained by the awarding City Department.
The City of Florida City shall not enter into any contract or appropriate any public funds with any
person who refuses to provide information required on the disclosure form.
Any person who provides misleading or incorrect information on the disclosure statement
shall be disqualified from participation. Also, the contract or grant shall be voidable by the City
if the misleading or incorrect information on the disclosure statement is discovered by the City
subsequent to execution of a contract.
Definitions
"Business Entity" means any corporation, partnership, limited partnership, proprietorship, firm,
enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named
or not, doing business in the state of Florida.
"Family, or Family Members, or Familial Relationship" means included but limited to
individuals who are related to a public official as father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, half-brother, half-sister, a person who is engaged to be married to a public official or who
otherwise holds himself or herself out as or is generally known as the person whom a public
official intends to marry or with whom a public official intends to form or has formed a
household.
"Person" means an individual, firm, partnership, association, joint venture, cooperative, or
corporation, or any other group or combination acting in concert.
"Public Official" means a person either elected to a governmental position, or appointed to a
governmental position who is authorized by statute, resolution or charter to exercise part of the
sovereign power of the governmental entity and whose duties of involve the exercise of
discretion on behalf of the governmental entity. This would include those who are considered
Department Heads by the City.
Instructions
Complete all lines as indicated. If an item does not apply, denote N/A (not applicable). If you
cannot include required information in the space provided, attach additional sheets as necessary.
ENTITY COMPLETING FORM
ADDRESS
CITY, STATE, ZIP
City of Florida City
CITY OF FLORIDA CITY
CONFLICT OF INTEREST
DISCLOSURE FORM
TELEPHONE NUMBER
CITY DEPARTMENT THAT WILL RECEIVE GOODS, SERVICES, OR IS RESPONSIBLE FOR GRANT AWARD
ADDRESS
CITY, STATE, ZIP TELEPHONE NUMBER
This form is provided with the following document:
D Invitation to Bid 0 Request for Proposal! Qualifications 0 Proposal 0 Grant or Loan Request o Other
Has your business entity or any of your business entities' partners, divisions, or any related business entity previously performed work
or provided goods or services to any City Department within the current or last two calendar years?
DYes D No
If yes, identify below the City Department that received the goods or services, the type(s) of goods or services previously provided, and
the amount received for the provision of such goods or services. (Use additional pages if necessary)
CITY DEPARTMENT TYPE OF GOODS/SERVICES AMOUNT RECEIVED
Has your business entity or any of your business entities' partners, divisions, or any related business entity previously applied for and
received any grants or loans from any City Department within the current or last two calendar years?
DYes D No
If yes, identify the City Department that awarded the grant or loan, the date such grant or loan was awarded, and the amount of the
grant or loan.
CITY DEPARTMENT DATE GRANT AWARDED AMOUNT OF GRANT OR LOAN
1. List below the name(s) and address(es) of all public officials with whom your business entity, or members of your immediate family
have a familial relationship. Identify the office the public official holds or the City Department for which the public official works. (Attach
additional sheets if necessary.)
NAME OF PUBLIC OFFICIAL/EMPLOYEE ADDRESS CITY DEPARTMENT
2. List below the name(s) and address(es) of all family members of public officials with whom your business entity, or members of your
immediate family have a familial relationship. Identify the office the public official holds or the City Department for which the public
official works. (Attach additional sheets if necessary.)
NAME OF PUBLIC OFFICIAL! CITY DEPARTMENT
EMBER ADDRESS PUBLIC EMPLOYEE WHERE EMPLOYED
If you identified individuals in items one and / or two above, describe in detail below the direct benefit to be gained by the public officials,
and/or their family members as the result of the contract, proposal, request for proposals, invitation to bid, or grant proposal. (Attach
additional sheets if necessary.)
List below the name(s) and address(es) of all paid consultants and/or lobbyists utilized to used in preparation of, request for proposal or
qualifications, invitation to bid, or grant or loan proposal:
NAME OF PAID CONSULTANT/LOBBYIST ADDRESS
List below the names of any individuals, partners, or officers of the business entity who worked for the City of Florida City within the
current or past two calendar years.
NAME OF INDIVIDUAL ADDRESS
By signing below, I certify under oath and penalty of perjury that all statements on or attached to this form are true and correct
to the best of my knowledge. I further understand that omissions shall be cause for disqualification from participation in the
proposed transaction.
Signature Date
Printed Name Title
VENDOR APPLICATION
Business Name: ___________________________ _
Order from Address: ___________ City: ______ State: __ Zip: __ _
Pay to Address: ___________ City: ______ State: __ Zip: __ _
(if different)
Address: _____________ City State: __ Zip: ___ _
Telephone: ('-_-J) Fax: __ ). __________ _
Email Address: Website URL: __________ _
Contact Person: Title: __________ _
Federal 1.0. No.: Date Business Established: ------
Business is: oCorporation OProprietorship oPartnership oOther: _________ _
Primary business classification (check all that apply):
o Retailer oWholesaler o Manufacturer oServices OPrime Contractor oSub Contractor
All applicants are required to provide a copy of their Business Tax Certificate if they have an
office in Florida City. as well as their Workman's Compensation Insurance Certificate (if
applicable).
Please see the enclosed commodity list to properly identify the commodities and/or services,
which your firm provides. Please mail completed Vendor Application to the mailing address
above. The undersigned does hereby certify that the foregoing and subsequent statements are
true and correct.
Signature Title
Print Name Date:
CONTINUING SERVICES AGREEMENT
Between
THE CITY OF FLORIDA CITY, FLORIDA
And
LOOKS GREAT SERVICES OF MS, INC.
THIS CONTINUING SERVICES AGREEMENT is made between THE CITY OF FLORIDA
CITY, FLORIDA, a Florida municipal corporation (hereinafter referred to as the "CITY") and
LOOKS GREAT SERVICES OF MS, INC., a Mississippi corporation authorized to do business
in the State of Florida (hereinafter referred to as the "CONSUL TANT') , whose principal place
of business is 1502 Highway 13 North, Columbia, MS 39429.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY issued a Request for
Proposals (RFP) No. City 2017-004 requesting qualifications from firms desiring to provide
debris removal and reduction services under a continuing contract and that RFP and the
CONSULT ANT'S response are incorporated into this Agreement by reference: and
WHEREAS, the CONSULTANT responded to the RFP on September 7, 2017 and that
responses in incorporated into this Agreement by reference; and
WHEREAS, the CONSULTANT is willing and able to perform such professional services for
the CITY In accordance with the terms and conditions set forth in this Agreement (hereinafter
referred to as this "Continuing Services Agreement" or this "Agreement"); and
WHEREAS, the purpose of this Continuing Services Agreement is not to authorize the
Consultant to perform a Specific Project, but to set forth certain terms and conditions that shall
govern and be incorporated into subsequent supplemental agreements or work orders or task
orders for Specific Projects or services when required.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants
set forth below, the CITY and CONSULTANT agree as follows:
SECTION 1. DEFINITIONS
The following definitions and references are given for the purpose of interpreting the terms
used in this Agreement and apply unless the context indicates a different meaning:
1.1 Compensation: The total amount paid by the CITY for the CONSULTANT'S
professional services for a specific project or Task Order, exclusive of reimbursable expenses.
1.2 Reimbursable Expenses: The indirect expenses directly attributable to the Project
or Task Order. Reimbursable expenses include long-distance communications, application
and permit fees paid for securing approval of authorities having jurisdiction over the Specific
Project; actual cost of reproduction, printing, binding and photocopying of plans and other
documents; unless other fees not negotiated in a task order.
1.3 Specific Project Agreement or Task Order: A work order or specific agreement to
provide services for a particular Project that includes the costs traditionally include in a work
order for debris clearance, removal, and reduction.
SECTION 2. SPECIFIC PROJECTS/SCOPE OF SERVICES
2.1 When the need for seNices for a Specific Project occurs. the Mayor or his designee
may enter into negotiations with the CONSULTANT for that Specific Project under the terms
and conditions of this Agreement. The CITY shall initiate said negotiations by providing the
CONSULTANT with a "Scope of SeNices Request," requesting from the CONSULTANT a
proposal to provide seNices for the Specific Project. The CONSULTANT shall prepare a
proposal which includes those subjects specified in subsection 2.2 (a) through (h). The Mayor
or his designee and CONSULTANT shall negotiate the terms of the Specific Project.
2.2 The CITY and CONSULTANT shall utilize a Task Order or Task Orders as the
Agreement for each Specific Project. Each Task Order or agreement for a Specific Project
will, by mutual agreement, set forth, among other things, the following:
a. The Scope of SeNices;
b. The Deliverables;
c. The Time and Schedule of Performance and Term;
d. The amount of Compensation for the service, equipment, or hourly task based on
approved rates in the CONSULTANT'S response to the RFP that is dated September 7,2017;
e. The Personnel assigned to the Specific Project by the CONSULTANT;
f. Any modifications to the Task Order required by this project, if mutually agreed upon
by the parties;
g. The CONSULTANT's representative assigned as the point of contact for the Specific
Project; and
h. The CITY's representative assigned as the pOint of contact for the Specific Project.
2.3 The professional services to be rendered by the CONSULTANT shall commence
subsequent to the execution of each Task Order. Performance of work by CONSULTANT prior
to execution of a Task Order shall be at CONSULANT's sale risk.
2.4 The Mayor is authorized to negotiate and execute a Task Order for Specific Projects
in which the CONSULTANTS' seNices do not exceed $10,000.00. Task Orders exceeding
this amount must be approved by the City Commission. Emergency Proclamations by the
federal, state, county. or local governments may authorize the Mayor to execute contracts in
amounts that exceed this limit.
2.5 The Agreement Documents for each Specific Project shall incorporate this Continuing
Services Agreement. In the event that any of the terms or conditions of this Agreement conflict
with the Task Order, the provisions of the Task Order shall govern and apply.
2.6 In connection with professional services to be rendered pursuant to this Agreement, '
the CONSULTANT further agrees to:
a. Maintain an adequate staff of qualified personnel on the work at all times to ensure
its completion within the term specified in the applicable Notice to Proceed.
b. Comply with any Federal, State and local government laws or ordinances applicable
to the work.
c. Cooperate fully with the CITY in the scheduling and coordination of all tasks and
phases of the work.
d. Prepare necessary documents, if required, for all regulatory or permitting agencies.
e. Report the status of the work to the CITY as specified in the Task Order and hold
pertinent data, calculations, field notes, records, sketches, and other work products open to
inspection of the CITY.
f. Submit for CITY review computations, sketches, and other data representative of
the work's progress at the percentage stages of completion as may be stipulated in the
applicable Task Order. .
g. Submit for CITY approval the final work products upon incorporation of any
modifications requested by the CITY during any previous review.
h. Be available at all reasonable times for general consultation and advice through the
effective term of this Agreement.
i. Confer with the CITY at any time during the further development and
implementation of improvements for which the CONSULTANT has provided professional
services as to interpretation of plans and other documents, correction of errors and omissions
and preparation of any necessary plans thereof. The CONSULTANT shall not be
compensated for the correction of errors and omissions to the extent that those errors and
omissions are the responsibility of the CONSULTANT.
2.7 During the performance of Emergency Services, the CONSULTANT will assist with
Damage Assessments, and the CONSULTANT will be requested to assist with infrastructure
damage assessments and estimates for temporary and or permanent repairs. The
CONSULTANT may be requested to work with other Florida CITY disaster professional
services consultants or grant consultants to define disaster recovery projects for damaged
assetsfinfrastructure, scopes of work, and to provide any other services for which the
CONSULTANT is qualified as required to assist the CITY obtain disaster reimbursement for
state and/or federal declared disasters. Other Disaster specific tasks may include but not be
limited to GIS mapping, Project Management for all response or recovery projects, and design
and construction of reduction facilities.
SECTION 3. TERM/TERMINATION
3.1 Term of Agreement/Agreement Time. This Agreement shall be effective on
September 13, 2017 ("Commencement Date") and shall continue in full force and effect for two
(2) years, or until terminated pursuant to Section 3.2 or other applicable sections of this
Agreement. The Agreement may be extended for a period not to exceed an additional two (2)
years with the approval of both the CITY and CONSULTANT.
3.2 Termination For Convenience. This Continuing Services Agreement may be
terminated by the CITY for convenience with thirty (30) calendar days written notice to the
CONSULTANT.
3.3 Non"Exclusive Agreement. Notwithstanding the provisions of Subsection 3.1, the
Mayor or his designee may issue request for qualifications, requests for proposals, or other
similar procurement documents for this professional discipline at any time and may utilize the
services of any other consultants retained by the CITY under similar Agreements. Nothing in
this Agreement shall be construed to give the CONSULTANT a right to" perform services for a
Specific Project.
3.4 Term of Task Order/Agreement Time. Each Task Order shall commence on the
date the instrument is fully executed by all parties ("Commencement Date of Task Order") and
shall specify the period of service or Agreement Time agreed to by the CITY and
CONSULTANT for services to be rendered under said Task Order, unless otherwise
terminated pursuant to this Section. The Mayor, in his sale discretion, may extend the Term of
a Task Order through written notification to CONSULTANT. Such extension shall not exceed
ninety (90) days. No further extensions of the Task Order shall be effective unless authorized
by the CITY Council. Upon the Commencement Date of the Task Order, the CONSULTANT
shall commence services to the CITY, and shall continuously perform services to the CITY,
without interruption, in accordance with the Term and time frames set forth in the "Project
Schedule" included therein. The number of calendar days from the Commencement Date of
the Task Order, through the date set forth in the Project Schedule for completion of the Project
or the date of actual completion of the Project, whichever shall last occur, shall constitute the
Agreement Time.
3.5 Termination For Cause; Task Order. A Task Order may be terminated by either
party upon five (5) calendar days written notice to the other party should the other party fail
substantially to perform in accordance with its material terms through no fault of the party
initiating the termination. In the event that CONSULTANT abandons a Task Order or causes
it to be terminated by the CITY, the CONSULTANT shall indemnify the CITY against any loss
pertaining to this termination. In the event that the CONSULTANT is terminated by the CITY
for cause and it is subsequently determined by a court by a court of competent jurisdiction that
such termination was without cause, such termination shall thereupon be deemed a
termination for convenience under Section 3.6 of this Agreement and the provision of Section
3.6 shall apply.
3.6 Termination For Convenience; Task Order. A Task Order may be terminated by
the CITY for convenience upon fourteen (14) calendar days' written notice to the
CONSULTANT. In the event of termination, the CONSULTANT shall incur no further
obligations in connection with the Project and shall, to the extent possible, terminate any
outstanding subconsultant obligations. The CONSULTANT shall be compensated for all
services performed to the satisfaction of the CITY and for reimbursable expenses incurred
prior to the date of termination. The CONSULTANT shall promptly submit its invoice for final
payment and reimbursement and the invoice shall comply with the provisions of this Agreement
and the Task Order for payment. Under no circumstances shall the CITY make any payment
to the CONSULTANT for services which have not been performed or performed subsequent
to the termination date.
3.7 Assignment upon Termination. Upon termination of a Task Order, a copy of all of
the CONSULTANT's work product shall become the property of the CITY and the
CONSULTANT shall, within ten (10) working days of receipt of written direction from the CITY,
transfer to either the CITY or its authorized designee, a copy of all work product in its
possession, including but not limited to designs, plans, specifications, drawings, studies,
reports and all other documents and data in the possession of the CONSULTANT pertaining
to this Task Order. Further, upon the CITY'S request, the CONSULTANT shall assign its
rights, title and interest under any subcontractor's agreements to the CITY.
3.8 Suspension for Convenience. The CITY shall have the right at any time to direct
the CONSULTANT to suspend its performance of a Specific Project, or any designated part
thereof, for any reason whatsoever or without reason, for a cumulative period of up to thirty
(30) calendar days. If any such suspension is directed by the CITY, the CONSULTANT shall
immediately comply with same. In the event the CITY directs a suspension of performance as
provided for herein through no fault of the CONSULTANT, the CITY shall pay to the
CONSULTANT its reasonable costs, actually incurred and paid, of demobilization and
remobilization, as full
SECTION 4. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
4.1 Changes Permitted. Changes in the Scope of Services of a Task Order consisting
of additions, deletions, revisions, or any combination thereof, may be ordered by the CITY by
Change Order without invalidating the Task Order.
4.2 Change Order Defined. Change Order shall mean a written order to the
CONSULTANT executed by the CITY, issued after execution of a Task Order, authorizing and
directing a change in the Scope of Services or an adjustment in the Agreement Price or the
Agreement Time, or any combination thereof. The Agreement Price and/or the Agreement
Time may be changed only by Change Order.
4.3 Effect of Executed Change Order. The execution of a Change Order by the CITY
and the CONSULTANT shall constitute conclusive evidence of the CONSULTANT's
agreement to the ordered changes in the Scope of Services or an adjustment in the Agreement
Price or the Agreement Time, or any combination thereof. The CONSULTANT, by executing
the Change Order, waives and forever releases any claim against the CITY for additional time
or compensation for matters relating to or arising out of or resulting from the Services included
within or affected by the executed Change Order.
SECTION 5. BILLING AND PAYMENTS TO THE CONSULTANT.
5.1 Compensation and Reimbursable Expenses. Pursuant to a Task Order,
CONSULTANT shall submit invoices which are identified by the specific project number in a
timely manner. These invoices shall identify the Project, the nature of the work performed, the
phase of work, the payment due, and the estimated percent of work accomplished in
accordance with the approved Task Order. If compensation is based on hourly rates, invoices
shall also identify the name and title of personnel who performed the work with applicable
hourly rates. The statement shall show a summary of fees with accrual of the total and credits
for portions previously paid by the CITY. The CITY shall pay CONSULTANT within thirty (30)
calendar days of approval by the Mayor or his designee of any invoices submitted by
CONSUL TANT to the CITY. .
5.2 Disputed Invoices. In the event that all or a portion of an invoice submitted to the
CITY for payment to the CONSULTANT pursuant to a Task Order is disputed, or additional
backup documentation is required, the CITY shall notify the CONSULTANT within five (5)
working days of receipt of the invoice of such objection, modification or additional
documentation request. The CONSULTANT shall provide the CITY with additional backup
documentation within five (5) working days of the date of the CITY'S notice. The CITY may
request additional information, including but not limited to, all invoices, time records, expense
records, accounting records, and payment records of the CONSULTANT that relate to the Task
Order. The CITY, at its sole discretion, may pay to the CONSULTANT the undisputed portion
of the invoice. The parties shall endeavor to resolve the dispute in a mutually agreeable
fashion.
5.3 Suspension of Payment. In the event that the CITY becomes credibly informed that
any representations or invoices of the CONSULTANT, provided pursuant to this Agreement
and/or any Task Order, are wholly or partially inaccurate, or in the event that the
CONSUL TANT is not in compliance with any term or condition of this Agreement and/or a Task
Order, the CITY may withhold payment of sums then or in the future otherwise due to the
CONSULTANT until the inaccuracy, or other breach of this Agreement and/or the Task Order,
and the cause thereof, is corrected to the CITY's reasonable satisfaction.
5.4 Final Payment. Submission of the CONSULTANT'S invoice for final payment and
reimbursement shall constitute the CONSULTANT'S representation to the CITY that, upon
receipt from the CITY of the amount invoiced, all obligations of the CONSULTANT to others,
including its consultants, incurred in connection with the Project, shall be paid in full. The
CONSULTANT shall deliver to the CITY all documents requested by the CITY evidencing
payments to any and all subcontractors, and all final specifications, plans, or other documents
as dictated in the Scope of Services. Acceptance of final payment shall constitute a waiver of
any and all claims against the CITY by the CONSULTANT.
SECTION 6. SURVIVAL OF PROVISIONS
6.1 Any terms or conditions of either this Agreement or any subsequent Task Order that
require acts beyond the date of the term of either agreement, shall survive termination of the
agreements, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
SECTION 7. CITY'S RESPONSIBILITIES
7.1 Assist CONSULTANT by placing at the CONSULTANT's disposal all available
information as may be requested in writing by the CONSULTANT and allow reasonable access
to all pertinent information relating to the services to be performed by CONSULTANT .
.... _ ..... _---
7.2 Furnish to CONSULTANT, at the CONSULTANT'S written request, all available
maps, plans, existing studies, reports and other data pertinent to the services to be provided
by CONSULTANT, in possession of the CITY.
7.3 Arrange for access to and make all provisions for CONSULTANT to enter upon public
property as required for CONSULTANT to perform services.
SECTION 8. CODE OF ETHICS
8.1 CONSULTANT warrants and represents that its employees shall abide by the Code
of Ethics for Public Officers and Employees. Chapter 112, Florida Statutes.
SECTION 9. COMPLIANCE WITH LAWS; POLICY OF NON-DISCRIMINATION! WAGES;
LICENSES AND PERMITS
9.1 The CONSULTANT shall comply with all federal, state and local laws and ordinances
applicable to the services or work or payment for such work and shall not discriminate on the
grounds of race. color, religion, sex, age, marital status, national origin, or physical or mental
disability in the performance of work under this Agreement.
9.2 If the Project is subject to federal and grant funding that requires specific wage and
non-discrimination prOVisions, CONSULTANT shall be required to comply with the same.
9.3 The CONSULTANT shall at all times during the term of this Agreement and any
Specific Task Order maintain in good standing all licenses. certifications and permits required
under applicable federal, state and local laws and regulations for performance of the work or
services.
SECTION 10. OWNERSHIP OF DOCUMENTS/DELIVERABLES
10.1 All finished or unfinished documents, including but not limited to, detailed reports,
studies, plans, drawings, surveys, maps, models, photographs, specifications, digital files. and
all other data prepared for the CITY or furnished by the CONSULTANT pursuant to any Task
Order, shall become the property of the CITY, whether the Project for which they are made is
completed or not, and shall be delivered by CONSULTANT to the CITY within five (5) calendar
days after receipt of written notice requesting delivery of said documents or digital files. The
CONSULTANT shall have the right to keep one record set of the documents upon completion
of the Project.
SECTION 11. RECORDS/AUDITS
11.1 CONSULTANT shall maintain and require all Subconsultants to maintain, complete
and correct records, books, documents, papers and accounts pertaining to the Specific Project
or Task Order and all work or services performed thereunder. Such records, books,
documents, papers and accounts shall be available at all reasonable times for examination
and audit by the Mayor or any authorized CITY representative with reasonable notice and shall
be kept for a period of three (3) years after the completion of each Task Order, unless a longer
period is required by a project funding source. Incomplete or incorrect entries in such records,
books, documents, papers or accounts will be grounds for disallowance by or reimbursement
to the CITY of any fees or expenses based upon such entries. Disallowed fees will be paid
when incomplete or incorrect entries are remedied to the satisfaction of the CITY.
11.2 The CONSULTANT shall comply with Chapter 119, Florida Statutes (Public Records
Law), as applicable.
11.3 Refusal of the CONSULTANT to comply with the provisions of Sections 11.1 or 11.2
shall be grounds for immediate termination for cause by the CITY of this Agreement or any
Task Order.
SECTION 12. INCORPORATION OF TERMS AND CONDITIONS OF CONTINUING
SERVICES AGREEMENT INTO TASK ORDER
Each Task Order shall incorporate by reference the terms and conditions set forth in this
Agreement between the parties as though fully set forth therein. In the event that any terms
or conditions of a Task Order conflict with this Agreement, the provisions of the Specific Task
Order shall prevail and apply. A Specific Task Order may contain additional terms and
requirements as directed by a funding source or by a party joined by an Interlocal Agreement.
SECTION 13. INDEPENDENT CONTRACTOR
13.1 The CONSULTANT is an independent contractor under this Agreement and any Task
Orders. Personal services provided by the CONSULTANT shall be by employees or
subconsultants of the CONSULTANT and subject to supervision by the CONSULTANT, and
not as officers, employees, or agents of the CITY. Personnel pOlicies, tax responsibilities,
social security, health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to services or work rendered under this Agreement or
any Task Orders shall be those of the CONSULTANT.
SECTION 14. ASSIGNMENT; AMENDMENTS
14.1 This Agreement shall not be assigned, transferred or otherwise encumbered, under
any circumstances, by CONSULTANT, without the prior written consent of the CITY.
14.2 No modification, amendment or alteration in the terms or conditions of this Agreement
shall be effective unless contained in a written document executed with the same formality as
this Agreement.
SECTION 15. INDEMNIFICATIONIHOLD HARMLESS
15.1 Pursuant to Section 725.08, Florida Statutes, the CONSULTANT shall indemnify and
hold harmless the CITY and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees at all trial and appellate levels,
to the extent such liabilities, damages, losses, and costs are caused by the negligence,
recklessness, or intentionally wrongful conduct of the CONSULTANT or any persons employed
or utilized by the CONSULTANT in the performance of this Agreement or any Task Order.
SECTION 16. INSURANCE
each Insured or Additional Insured in the same manner as if separate policies had been issued
to each.
16.5 Professional Liability: The CONSULTANT shall furnish professional liability errors
and omissions insurance coverage in an amount not less than $1,000,000.00 with a maximum
deductible of $25,000.00 per claim. The CONSULTANT shall be responsible for maintaining
this professional liability insurance for a minimum of five (5) years from the date of execution
of each Task Order. Upon request of the CITY, the CONSULTANT shall make available for
inspection copies of any claims filed or made against the policy during the policy term. The
CONSULTANT shall additionally notify the CITY, in writing, within thirty (30) calendar days of
any claims filed or made against this policy in excess of $25,000.00 during the policy term.
16.6 Certificate of Insurance: Prior to the execution of this Agreement, CONSULTANT
shall provide the Mayor with evidence of insurability from the Consultant's Insurance Carrier
or a Certificate of Insurance. Prior to execution of any Task Order, the CONSULTANT shall
provide to the Mayor, Certificates of Insurance evidencing the required insurance coverages.
The Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and any Task Order and shall state that such
insurance is as required by this and any Task Order. The CITY reserves the right to require
the CONSULTANT to provide a certified copy of such policies, upon written request by the
CITY. If a policy is due to expire prior to the completion of the services, renewal Certificates
of Insurance or policies shall be furnished thirty (30) calendar days prior to the date of their
policy expiration. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the CITY before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of
the Mayor.
SECTION 17. REPRESENTATIVE OF CITY AND CONSULTANT
17.1 It is recognized that questions in the day-to-day conduct of this Agreement will arise.
The CITY designates the Mayor or his designee, as the person to whom all communications
pertaining to the day-to-day conduct of this Agreement shall be addressed.
17.2 CONSULTANT shall inform the CITY Representative, in writing, of the representative
of the CONSULTANT to whom all communications pertaining to the day-to-day conduct of this
Agreement or any Task Orders shall pe addressed.
SECTION 18. COST AND ATTORNEY'S FEESJWAIVER OF JURY TRIAL
18.1 If either the CITY or CONSULTANT is required to enforce the terms of this Agreement
or any Task Order by court proceedings or otherwise, whether or not formal legal action is
required, the prevailing party shall be entitled to recover from the other party all costs,
expenses, and attorney's fees, in any state or federal administrative, circuit court and appellate
court proceedings.
18.2 In the event of any litigation arising out of this Agreement or any Task Order, each
party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury.
SECTION 19. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
SECTION 20. CONSULTANT'S RESPONSIBILITIES
20.1 The CONSULTANT and any and all drawings, plans, specifications, or other
construction or agreement documents prepared by the CONSULTANT shall be accurate,
coordinated and adequate for its intended purposes and shall comply with all applicable CITY
Codes, state and federal laws, rules and regulations.
20.2 The CONSULTANT shall exercise the same degree of care, skill and diligence in the
performance of the services for each Task Order as is ordinarily provided by a professional
disaster recovery assistance consultant under similar circumstances. If at any time during the
term of any Task Order or Project for which the CONSULTANT has provided services under a
prior Task Order, it is determined that the CONSULTANT'S documents are incorrect, defective
or fail to conform to the Scope of Services of the particular Project, upon written notification
from the CITY, the CONSULTANT shall immediately proceed to correct the work, re-perform
services which failed to satisfy the foregoing standard of care, and shall pay all costs and
expenses associated with correcting said incorrect or defective work, including any additional
testing, inspections, and construction and reimbursements to the CITY for any other services
and expenses made necessary thereby, save and expect any costs and expenses which the
CITY would have otherwise paid absent the CONSULTANT'S error or omission. The CITY'S
rights and remedies under this section are in addition to, and are cumulative of, any and aI/
other rights and remedies provided by this Agreement, the Task Order, by law, equity or
otherwise.
20.3 The CONSULTANT'S obligations under Paragraph 20.2 of this Agreement shall
survive termination of this Agreement or any Task Order.
SECTION 22. FORCE MAJEURE
21.1 Force Majeure shall mean an act of God, epidemic, lighting, earthquake, fire,
explosion, hurricane, flood or similar occurrence, strike, an act of public enemy, or blockade,
insurrection, riot, general arrest or restraint of government and people, civil disturbance or
similar occurrence, which has had or may reasonably be expected to have a material adverse
effect on the rights and obligations under this Agreement, and which, by the exercise of due
diligence, such parties shall not have been able to avoid. Such acts or events DO NOT
INCLUDE inclement weather (except as noted above) or the acts or omissions of sub-
consultants/subcontractors, third-party consultants/contractors, materialmen, suppliers, or
their subcontractors, unless such acts or omissions are otherwise encompassed by the
definition set forth above.
21.2. No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by Force
Majeure to carry out such obligations, but the obligation of the party or parties relying on such
Force Majeure shall be suspended only during the continuance of any inability so caused and
for no longer period of said unexpected or uncontrollable event, and such cause shall, so far
as possible, be remedied with all reasonable dispatch.
21.3 It is further agreed and stipulated that the right of any party hereto to excuse its
failure to perform by reason of Force Majeure shall be conditioned upon such party giving,
to the other party or parties, written notice of its assertion that a Force Majeure delay has
commenced within ten (10) Working days after such commencement, unless there exists
good cause for failure to give such non-performance as caused by Force Majeure unless
the failure to give timely notice causes material prejudice to the other party or parties.
SECTION 22. NOTICES
Whenever either party desires to give notice to the other, it must be given by hand delivery or
written notice, sent by certified United States mail, with return receipt requested or a nationally
recognized private mail delivery service, addressed to the party for whom it is intended, at the
place last specified, and the place for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective places for
giving of notice, to-wit:
FOR CONSULTANT:
Looks Great Services of MS, Inc.
Attn: Kristian Agoglia
1501 Highway 13 North
Columbia, MS 39429
FOR CITY:
City of Florida City, Florida
Attention: Mayor
404 West Palm Drive
Florida City, Florida 33034
Telephone: (305) 247-8221
Facsimile: (305) 242-8133
WITH A COpy TO:
Regine Monestime, Esq.
City Attorney
20840 San Simeon Way # 606
Miami, FL. 33179
Telephone: (305) 790-7710
Facsimile: (305) 653-4709
SECTION 23. TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Agreement by CONSULTANT shall act as the execution of a truth-in-
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement or any Task Order are accurate, complete, and current at the
time of contracting. Each Task Order'S prices and any additions shall be adjusted to exclude
any significant sums by which the CITY determines the Project's Agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.
All such adjustments shall be made within one year following the end of each Task Order.
SECTION 24. CONSENT TO JURISDICTION
The parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of relating to this Agreement or any Task Order. Venue of any action
to enforce this Agreement or any Task Order shall be in Miami-Dade County, Florida.
SECTION 25. GOVERNING LAW
This Agreement and any Task Order shall be construed in accordance with and governed by
the laws of the State of Florida.
SECTION 26. HEADINGS
Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
SECTION 27. SEVERABILITY
If any provision of this Agreement or any Task Order or the application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as
to which it shall have been held invalid or unenforceable shall not be affected thereby, and
shall continue in full force and effect, and be enforced to the fullest extent permitted by law.
SECTION 28. EXHIBITS
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
Exhibits if not physically attached, should be treated as part of this Agreement, and are
incorporated by reference.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates under
each signature. The CITY, signing by and through its Mayor and attested to by its City Clerk,
i~ Jd~ly authorized to execute same, and by CONSULTANT, by and through its
v t Q f~ ,whose representative has been duly authorized to execute same
through a resolution of the corporation or partnership. '
ATTEST: CITYOF FLORIDA CITY, FLORIDA
a Florida municipal corporation
Okl':-\J&k, . ,
Otis T. Wallace, Mayor
By:
Date: 9 )1~ln
ERVICES OF MS, INC.
• '7 ...
BY:' __ G-__ ~~~~~~ ______ _
Nam~: .ctfi..L ..
Title: (/'jP
Date: t1 r,c: I?-
PART A
EXHIBIT A
P~CEPROPOSALFORM
DISASTER DEBRIS REMOVAL AND DISPOSAL
Emergency Services -EMERGENCY ROAD CLEARING-from roads to right-of-way, and
Utility ROW during the FEMA State, and city declared 72-hours immediate disaster. Includes
Emergency cutting and removing of dangerous limbs that are an immediate threat to public safety,
health and welfare
See the EMERGENCY Road clearing Rate Sheet: LIMITED 72 HOURS ONLY. ONLY
LABOR AND EQUIPMENT
EQUIPMENT WI OPERATORS PER HOUR
TRACKHOE J.D. 690 OR EQUAL $190.00
644 LOADER OR EQUAL $185.00
644 LOADER WI GRAPPLEI (2-2.5CY) $205.00
D6 DOZER $195.00
BOBCAT/SKIDSTEER W/GRAPPLE-LS180 $90.00
D 6 DOZER ( LGP) $250.00
RUBBER TIRE BACKHOE $95.00
TRANSPORT WI LOBOY $125.00
MAINTENANCE TRUCK $85.00
15-24 CY DUMP TRUCK $70.00
25-34CY DUMP TRUCK $85.00
35-44 CY DUMP TRUCK $100.00
45"54 CY DUMP TRUCK $115.00
65-74 CY DUMP TRUCK $130.00
75 + CY DUMP TRAILER $145.00
DIAMOND Z TUB GRINDER $525.00
WATER TRUCK 2000 GAL $75.00
CHAINSAW OPERATOR (WITH SAFETY GEAR) $85.00
TRAFFIC CONTROL TECHNICIAN (WITH SAFETY GEAR) $65.00
PROJECT MANAGER WITH TRUCK $95.00
FIELD SUPERVISOR WITH TRUCK $85.00
CREW LEADER WITH TRUCK $75.00
HA/MAT REMOVAL-COST 1· 10% ---
BUCKET TRUCKS (LIST SIZES) See Below
OTHER -75' BUCKET TRUCK $235.00
OTHER -60' BUCKET TRUCK $200.00
OTHER -BOBCAT/SKIDSTEER W/GRAPPLE· TS300 $95.00
OTHER· DIAMOND Z TUB GRINDER 1,000+ HP $775.00
OTHER -MORBARK 7600 HORIZONTAL GRINDER $850.00
i
!
!
PARTB
Debris Removal, Reduction and Disposal Operations and Debris Removal and
Reduction Non-Emergency Services
Respondents are to make no changes to the following table and are required to till
it out completely. Values must be provided for all categories below or the response
may be deemed non-responsive.
1. Rights-of-Way Vegetative Collection Rate
Vegetative debris collected from public or private right-of-way (ROW) and
improved public lands, hauled to, and dumped at the debris management site(s)
(Within Roundtrip 30 mile haul)
Per Cubic Yard $ 12.00
2. Condemned Private Property Vegetative Collection Rate
Vegetative debris col/ected from private property deemed to be a safety hazard by
the City will be, demolished per note, below, hauled to, and dumped at the debris
management site(s). This includes the removal of demolished materials (Within
Roundtrip 30 mile haul).
Per Cubic Yard $ 13.00
3. Public Right of Way Construction and Demolition Collection Rate
Construction and demolition debris collected from designated work zone, hauled to,
and dumped at the debris management site(s) or other designated location (Within
Roundtrip 30 mile haul).
Per Cubic Yard $ 13.00
CONDEMED PROPERTIES: In the event condemned properties or unsafe
structures are deemed a safety and health hazard to our community, the contractor
will provide a per structure price for demolition and proper disposal of condemned
property.
Per Structure $ 2.05 PER SQUARE FOOT
4. Debris Reduction
Debris Reduction of vegetative debris via grinding at temporary debris storage
reduction site (TDSR) or other designated location. Price includes set-up,
management, maintenance of onsite entry and exit roads, and closure of temporary
debris storage and reduction site (TDSR).
Per Cubic Yard $ 6.25
Final Haul out to a permitted disposal facility (Assume 30 mile round
trip haul). Per Cubic Yard $ 6.50
5. Debris Disposal
Debris Disposal at permitted Landfill-price to be determined and negotiated. Based upon
landfill availability at time of disaster. Leave this price blank. Disposal Tipping fees
will be a negotiated or pass through amount.
Per Cubic Yard $ TBD
6. Cutting Partially Uprooted or Split Trees (Leaners).
Remove falling partially uprooted or split trees from the ROW, or the overhanging
portion of the limb .over the. ROW, and placing the debris in the ROW for haul-off to
designated debris management site. This includes all Utility ROW. Fora split leaner
(No exposed root ball, price is inclusive of flush cutting the tree trunk.
Partially Uprooted Leaner (Price is inclusive of excavating the root ball and placing
it in the ROW). Diameter of tree is calculated at 2·feet from base
Less than 24 inches
24 -36 inches
36 -48 inches
Greater than 48 inches
Per Tree $1,050.00
Per Tree $1,225.00
Per Tree $1,525.00
Per Tree $2,325.00
7. Removal of Dangerous Hanging Limbs (Hangers) -During Debris
Removal-Non-
Emergency Services.
Remove hanging or partially broken limbs from trees in the ROW, or limbs hanging
over the ROW, and placing the debris in the ROW for haul-off.
Trees with hazardous limbs> 24 inches Per Tree $ 175.00
8. Stump Removal and Collection Rate
Removal and collection of stumps partially uprooted in the ROW. Stumps will be
identified and certified in the ROW by the City or its representative. Stumps will be
hauled to and dumped at a debris management site(s) or other designated location.
Diameter of Stump at 2-feet from base
Less than 24 inches
24 -36 inches
Per Tree $450.00
Per Tree $650.00
37 -48 inches
Greater than 48 inches
9. Backfill
Per Tree $850.00
Per Tree $1,500.00
Supply and placement of clean fill dirt into holes created by stump, tree, or bush
removal in the ROW.
Per Cubic Yard $ 25.00
10. Reduction of Construction &Demolition debris at debris management site(s)
or other designated location.
Per Cubic Yard $ 6.25
11. Final Haul .. out of reduced vegetative debris, (include disposal costs)
Reduced vegetative debris hauled from debris management site(s) or other
designated location to final disposal site. Not including Disposal costs.
Within 20 mile roundtrip haul-Per Cubic Yard $6.50
Within 30 mile roundtrip haul-Per Cubic Yard $ 7.00
Disposal and Tipping fees will be negotiated or established as a pass
through amount.
12. Haul reduced CaD debris to final disposal site (include disposal costs)
Reduced C&D debris hauled from debris management site(s) or other designated
location, to final disposal site.
Within 20 mile roundtrip haul-Per Cubic Yard $ 6.50
Within 30 mile roundtrip haul-Per Cubic Yard$ 7.00
Disposal and Tipping fees will be negotiated or pass· through amount.
ADDITIONAL SERVICES PER AUTHORIZED TASK WORK ORDERS
FEMA PROGRAM ASSISTANCE AND GRANTS MANAGEMENT
FEMA PROGRAM ASSISTANCE RATES
SPECIALTY RATE
PROJECT DIRECTOR $ 150.00
ASST. PROJECT DIRECTOR $ 135.00
HAZARD MITIGATION SPECIALIST $ 150.00
FEMA PROGRAM ASST. PROJECT SPECIALIST $150.00
FIELD SUPERVISOR $ 95.00
SAFETY SUPERVISOR $ 80.00
ADMINISTRATIVE ASSISTANT/BILLING & INVOICING $ 35.00
TICKET/DATA ENTRY $ 30.00
GRANTS MANAGEMENT $ 95.00
OTHER-TRAFFIC CONTROL $ 65.00
OTHER-PROJECT ENGINEER \ $150.00
OTHER-11
OTHER-
OTHER-
OTHER-
OTHER-$
Rates include all costs including payroll, per diem, mobile phones, etc. Travel and
hotel will be billed at cost.
10/10/2017
Detail by Entity Name
Foreign Profit Corporation
LOOKS GREAT SERVICES OF MS, INC
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
Principal Address
1501 HIGHWAY 13 NORTH
COLUMBIA, MS 39429
Mailing Address
1501 HIGHWAY 13 NORTH
COLUMBIA, MS 39429
F15000004702
27-4;125328
10/22/2015
MS
ACTIVE
Registered Agent Name & Address
CORPORATE CREATIONS NETWORK INC
11380 PROSPERITY FARMS ROAD #221E
PALM BEACH GARDENS, FL 33410
Officer/Director Detail
Name & Address
Title DP
AGOGLlA, YOLANDA
259 RIVER ROAD
COLUMBIA, MS 39429
TitleVPST
AGOGLlA, KRISTIAN
259 RIVER ROAD
COLUMBIA, MS 39429
Annual Reports
Report Year
2016
2017
Filed Date
03/09/2016
03/17/2017
Document Images
03/17/2017 --ANNUAL REPORT View image in PDF format
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03/09/2016 --ANNUAL REPORT View image in PDF format
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10/22/2015 --Foreign Profit View image in PDF format
Detail by Entity Name
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2017 FOREIGN PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# F15000004702
Entity Name: LOOKS GREAT SERVICES OF MS, INC
Current Principal Place of Business:
1501 HIGHWAY 13 NORTH
COLUMBIA, MS 39429
Current Mailing Address:
1501 HIGHWAY 13 NORTH
COLUMBIA, MS 39429 US
FEI Number: 27-4125328
Name and Address of Current Registered Agent:
CORPORATE CREATIONS NETWORK INC
11380 PROSPERITY FARMS ROAD #221 E
PALM BEACH GARDENS, FL 33410 US
FILED
Mar 17, 2017
Secretary of State
CC3425750603
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
DP
AGOGLlA, YOLANDA
259 RIVER ROAD
City-State-Zip: COLUMBIA MS39429
Title
Name
Address
VPST
AGOGLlA, KRIST IAN
259 RIVER ROAD
City-State-Zip: COLUMBIA MS 39429
Date
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: YOLANDA AGOGLIA PRESIDENT 03/17/2017
Electronic Signature of Signing Officer/Director Detail Date