2006-037
RESOLUTION NO. 2006-37
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM
OF CROWDER-GULF JOINT VENTURE, INC. TO
PERFORM DISASTER RECOVERY SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR DISASTER RECOVERY
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Crowder-Gulf Joint Venture, Inc. is hereby appointed to
perform Disaster Recovery Services on behalf of the City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and Crowder-Gulf Joint
Venture, Inc. and whereby the City agrees to the negotiated scope of services as
contained in Exhibit "A" and the fees as contained in Exhibit "B".
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
ves
ves
ves
ves
ves
ves
ves
-
Resolution No. 2006-37
Page 2
PASSED AND ADOPTED this 6th day of June, 2006.
~f
IEB, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
y~
CITY ATTORNEY
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AGREEMENT
BETWEEN THE CITY OF AVENTURA
AND CROWDER-GULF JOINT VENTURE, INC. FOR
DISASTER RECOVERY SERVICES
THIS AGREEMENT is entered into on this 6th day of June, 2006 between the
City of Aventura, a Florida municipal corporation, (CITY) and Crowder-Gulf Joint
Venture, Inc, (CONTRACTOR).
WHEREAS, it is foreseen that it may be necessary to provide disaster
recovery services including but not limited to debris removal and logistical and
technical support to the CITY, resulting from hurricanes, disasters, and other
emergency events, (the "Evenf); and
WHEREAS, The City of Aventura Florida, Florida has publicly submitted a
Request for Proposal (RFP) # 06-2-17-2, for procurement of services for Disaster
Recovery Services from multiple firms; and
WHEREAS, CITY desires to retain the professional services of
CONTRACTOR to provide disaster recovery services; and
WHEREAS, the CONTRACTOR desires to perform disaster recovery
services to the City and its residents.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1.1 Provide disaster recovery services for the CITY in accordance with the
conditions and specifications as set forth in RFP # 06-2-17-2 (attached
hereto and incorporated herein as Exhibit "A") and in compliance with
all existing federal, state and local laws governing and regulating such
activities.
1.2 Conduct all services as assigned by the City Manager, or his designee,
in a professional, careful and responsible manner with due regard for
the safety of the CITY's residents, and with regard to public and private
property.
1.3 Be solely responsible for the means, methods, techniques, sequences,
safety programs and procedures necessary to complete work as
assigned by the CITY. The CONTRACTOR will employ and maintain, at
the CONTRACTOR's sole expense, a qualified supervisor(s) located on
the worksite who shall have full authority to act on behalf of the
CONTRACTOR and all communications given to the supervisor(s) by
the CITY's Representative shall be as binding as if given to the
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CONTRACTOR The name(s) of Ihe supervisor(s) will be supplied 10
the City Manager.
1.4 Be responsible, at the CONTRACTOR's sole expense, for securing the
services of and compensating all personnel or firms, as may be
required, to perform the scope of services safely and adequately, and
expeditiously.
1.5 Provide disaster recovery services on a first and priority basis as defined in
the RFP to eliminate immediate and potential threats to life, public health
and safety; public or private property (only when properly authorized by the
CITY), on a first and priority basis to the CITY within 24 hours of notification
by the CITY.
1.6 Establish a self contained sustainable command post to be located within
the CITY and have the ability to mobilize all necessary resources to come
to the aid of the CITY within 24 hours of notification by the CITY.
1.7 Obtain and pay for all permits and licenses of a temporary nature
necessary to deliver the scope of services as defined in this Agreement,
unless otherwise stated in this Agreement.
1.8 Be responsible for removal of debris up to the point where any remaining
debris may only be described as light litter and additional collection may be
facilitated simply by sweeping and raking. All debris handled by the
CONTRACTOR shall become the property of the CONTRACTOR upon
collection. The CONTRACTOR shall be responsible for the lawful disposal
of all debris handled or transported. The CONTRACTOR shall not use any
disposal site not designated by the CITY without CITY's written consent.
1.9 Make multiple scheduled passes of each site, location or area impacted by
the Event. The number and schedule of passes shall be determined
through direction given by the CITY at its sole discretion. It is the CITY'S
intent that the CONTRACTOR shall make as many passes as the CITY
may direct to complete the removal and lawful disposal of all disaster
generated debris.
1.10 Have all debris measured by the CITY, according to U.S. Standard
Measure and information provided by the CONTRACTOR. The method of
measurement and computation to be used to determine quantities of debris
managed will be those generally recognized as conforming to good
engineering practice. The principle method of measurement will be debris
volume in cubic yards. Material measured in vehicles will be allowed at the
full measured volume of the vehicle unless the inspector determines that a
lesser volume has been loaded.
1.11 Change the scope of services without invalidating this Agreement, providing
the CITY and CONTRACTOR mutually agree. All changes affecting the
project's costs or modifications of the terms, conditions, and the scope of
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services of this Agreement shall be authorized by means of an official
written Contract Change Order that is mutually agreed upon and signed by
the CITY and the CONTRACTOR. All changes must be recorded on a
written Contract Change Order before CONTRACTOR may proceed with
the changes to the services provided.
ARTICLE 2
FEES AND COMPENSATION
The CONTRACTOR shall be compensated as defined and set forth in "Exhibit B"
attached hereto.
2.1 The CONTRACTOR expressly agrees that it will not be compensated for
disposing of any material not defined as eligible debris. The term "eligible
debris" shall have that meaning as given under 44 CFR 206.224 and as
further defined in the FEMA Debris Management Assistance Policy
Guidebook. The CONTRACTOR and CITY will inspect each load to verify
that the contents are in accordance with the accepted definition of eligible
debris. If any load is determined to contain material that does not conform
to the definition of eligible debris, the load will be ordered to be deposited
by CONTRACTOR at another landfill or receiving facility. No payment will
be allowed for that load and the CONTRACTOR will not invoice the CITY
for such loads. For each suitable load picked up, hauled, and processed, a
record of the cubic yards will be recorded by the CONTRACTOR and
numbered tickets shall be supplied to the CITY by the CONTRACTOR and
the CITY"S designee on site. Each invoice shall contain verification for each
cubic yardage load ticket and also contain a summary sheet indicating, by
day, the individual verified load receipt and invoice amounts. The CITY may
temporarily remove any disputed amount line items in the bill from the
invoice for review. Disposal tickets disputed will be returned to the
CONTRACTOR within five (5) working days of invoice date for additional
clarification prior to payment of those tickets.
2.2 Invoices shall be submitted in duplicate to the Director of Community
Services, City of Aventura, 19200 West Country Club Drive, Aventura, FL
33180, no more than once every fifteen (15) days. Each invoice shall
contain a detailed description of services and fees.
2.3 Other than the fees set forth herein in Exhibit "B", the Contractor shall not
be entitled to payment for expenses, fees, or other costs it may incur at any
time and in any connection with its performance hereunder.
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ARTICLE 3
TERMINATION OF AGREEMENT
This Agreement may be terminated upon ten (10) days prior written notice from
the CITY at CITY's sole discretion. In the event of termination by the CITY, the
CONTRACTOR shall not be entitled to any compensation other than that earned
prior to and during the notice period. CONTRACTOR may terminate this
Agreement, at its sole discretion, by giving ninety (90) days prior written notice to
the CITY.
ARTICLE 4
INDEPENDENT CONTRACTOR
CONTRACTOR has control over the means and methods by which it performs
the services. CONTRACTOR, its employees and agents shall be deemed
independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits generally afforded City employees; further,
CONTRACTOR, its employees and agents shall not be deemed entitled to the
CITY'S worker's compensation, insurance benefits or similar laws.
ARTICLE 5
INDEMNIFICATION CLAUSE
CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from
and against any and all claims, suits, damages, liabilities or causes of action
arising during the term of this Agreement, arising out of, related to, or in any way
connected with the performance or non-performance of any provision of this
Agreement required of the CONTRACTOR, including personal injury, loss of life
or damage to property and from and against any orders, judgment or decrees
which may be entered, and from and against all costs, attorney's fees, and
expenses incurred in and about the defense of any such claim and the
investigation thereof. However, nothing herein shall be deemed to indemnify
CITY for any liability or claim arising solely out of the negligent performance or
failure of performance of CITY. If applicable, CONTRACTOR shall defend,
indemnify and hold harmless CITY to the full extent authorized by Section 725.06
(2) F.S.
ARTICLE 6
INSURANCE
6.1 CONTRACTOR shall provide, pay for, and maintain in force at all times
during the period of this Agreement, a Comprehensive General Liability
Insurance Policy with minimum bodily injury coverage of $2,000,000.00
(two million dollars) and $1,000,000.00 (one million dollars) property
damage liability; workers compensation insurance as required by State
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-"'-~-"""'-"'-"" --.,----.....--..--
Statue, and business automobile insurance. The CONTRACTOR'S
insurance coverage shall be considered the primary carrier.
6.2 The Worker's Compensation insurance shall be at the statutory amount to
apply for all employees in compliance with the "Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition,
the policy(ies) must include: Employers' Liability at the statutory coverage
amount.
6.3 The Business Automobile Liability shall be with minimum limits of Three
Million Dollars (3,000,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include: Owned Vehicles;
hired and Non-Owned Vehicles; and employers' Non-Ownership.
6.4 The CITY shall be named, as an additional insured on all insurance
policies the CONTRACTOR is required to provide to the fullest extent
allowed by Florida law.
ARTICLE 7
FEMA REIMBURSEMENTS
CONTRACTOR shall assist CITY in completing any and all forms necessary for
reimbursements from state or federal agencies, including but not limited to the
Federal Emergency Management Agency (FEMA), relating to costs arising out of
disaster recovery services. This may include, but is not limited to, the timely
completion and submittal of reimbursement requests, preparation and submittal
of any and all necessary cost substantiation and preparing replies to any and all
agency denial or inquiries. The CONTRACTOR shall not enter upon private
property for any reason without obtaining permission, and the CONTRACTOR
shall be responsible for the preservation of all public and private property, along
and adjacent to the work site(s) and shall use every precaution necessary to
prevent damage and injury thereto. When or where any direct or indirect damage
or injury is done to public or private property by or on account of the work, or in
consequence of the non-execution thereof on the part of the CONTRACTOR, the
CONTRACTOR shall restore, at its own expense, such property to a condition
similar or equal to that existing before such damage or injury was done, by
repairing or rebuilding or otherwise restoring, as may be directed by the City
Manager or designee, or the CONTRACTOR shall make good such damage or
injury in an acceptable manner.
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ARTICLE 8
MISCELLANEOUS
All of the CONTRACTOR'S equipment utilized for this Agreement shall be:
8.1 In good operating condition and provided with all needed maintenance to
sustain this condition for the duration of the Agreement, subject to
inspection and approval by the CITY.
8.2 Properly registered and insured in accordance with the Motor Vehicle Laws
of Florida and in compliance with all federal, state, and local safety
regulations.
8.3 All loading equipment shall be operated from the road, street, or right-of-
way using buckets and/or boom and grapple devices to collect and load
debris. No equipment shall be allowed behind the curb or outside of the
defined roadway/shoulder section unless directed by the CITY. If operation
of the equipment shall be required outside of the Right-of-Way, the CITY
will provide Right-of-Entry agreements executed with the property owner
prior to the CONTRACTOR work being authorized. No tracked equipment
shall be operated on any paved or improved roadway surface.
8.4 Prior to commencing operations, the CONTRACTOR shall affix to each
piece of equipment, signs or markings indicating the Owner/Operator's
name and unique identification number. One sign shall be placed on each
side of the equipment. For trucks, trailers and other equipment intended to
haul debris, the maximum volume of cubic yards of the load bed shall be
shown. Signs shall be maintained in an easily readable fashion for the
duration of the work hereunder. Minimum letter size shall be three (3)
inches in height.
8.5 All trucks and trailers utilized in hauling debris shall be provided with a
tailgate that will permit the vehicle to be loaded to capacity and effectively
contain the debris on the vehicle while hauling. Sideboards or other
extensions to the bed are allowable provided they meet all applicable rules
and regulations, cover the front and/or sides, and are constructed in a
manner to withstand severe operating conditions. The sideboards must be
constructed of 2"x 6" boards or greater and may not extend more than two
(2) feet above the metal bed sides. Once installed, all sideboards and
extensions must remain in place throughout the operation, or the vehicle
shall be re-measured and re-marked. All extensions to the bed are subject
to acceptance or rejection by the CITY inspector.
8.6 The CONTRACTOR shall use trucks, trailers, and/or equipment approved
for use under this Agreement for this Agreement only, and such equipment
shall not be used for any other work during the term of this Agreement.
During the course of any work in response to an EVENT covered hereunder
a list of approved equipment shall be submitted to the CITY.
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8.7 The CONTRACTOR, at his sole expense, shall return all staging and
process areas to pre-event condition or better, as determined by the CITY,
in its sole discretion.
8.8 No Solicitation: The CONTRACTOR shall not solicit work from private
citizens or others to be performed in the designated work areas within the
City during the term of this Agreement.
8.9 Securing Debris: The CONTRACTOR shall be responsible for properly and
adequately securing debris within each piece of equipment utilized to haul
debris. Prior to leaving the loading site, the CONTRACTOR shall ensure
that each load is secure and trimmed so that no debris extends horizontally
beyond the bed of the equipment in any direction. All loose debris shall be
reasonably compacted during loading and secured during transport. Tarps
or other coverings shall be provided and used by the CONTRACTOR to
prevent materials from falling or being blown from the bed.
810 Traffic Control: The CONTRACTOR shall mitigate the impact of operations
on local traffic to the fullest extent practicable. The CONTRACTOR is
responsible for establishing and maintaining appropriate traffic controls in
all work areas, including TDSR sites (as defined in 8.11). The
CONTRACTOR shall provide sufficient signing, flagging and barricading to
ensure the safety of vehicular and pedestrian traffic in all work areas. All
work shall be done in conformity with all applicable federal, state and local
laws, regulations and ordinances governing personnel, equipment and work
place safety.
8.11 Work Hours: The CONTRACTOR shall conduct those debris removal
operations generating noise levels above that normally associated with
routine traffic flow, during daylight hours only. Work may be performed
seven (7) days per week. CONTRACTOR shall work during the hours of 7
a.m. to 10 p.m. Monday through Friday and 8 a.m. to 10 p.m. on weekends
and holidays unless otherwise directed by City Manager or his designee.
Unless directed otherwise, volumetric reduction operations at temporary
debris storage and reduction sites ("TDSR") shall be conducted on a twenty
four (24) hour, seven (7) days per week basis.
8.12 Inspection Stations: The CONTRACTOR shall construct and maintain
inspection stations and towers at the entry point for each TDSR site and
disposal area upon request from the CITY, at its sole discretion. These
stations will be the points of load volume verification by the CITY. The trip
tickets for debris hauling will be completed upon arrival of debris trucks at
the inspection station. The CONTRACTOR shall make all necessary
arrangements with private disposal operators to facilitate the posting of a
CITY inspector/monitor onsite for the duration of debris disposal operations.
Minimum required standards for the inspection station shall include an
inspection tower with desks and chairs for at least two (2) persons, one of
whom will be a representative of the CITY. The inspection towers shall be
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of sturdy construction using pressure treated wood and of sufficient height
as to allow a complete view of the load bed of each piece of equipment
being used to haul debris. The floor area shall be minimum of 8'x8'
constructed of 2"x8" joints, 16" on center with 0/." plywood supported by
6"x6" posts. The perimeter of the floor area shall be protected by a 4' high
wall constructed of 2"x4" studs and Yo" plywood. The floor area shall be
covered with a roof to protect the occupants from the elements. The roof
shall provide a minimum of 6'6" head room below the support beams.
Access shall be by wooden steps with a handrail. At the conclusion of the
debris removal process, the CONTRACTOR shall remove the structure.
The CONTRACTOR, at his sole expense, shall provide and maintain
portable sanitary facilities at each inspection station.
8.13 Hazardous Materials: The CONTRACTOR shall set aside and reasonably
protect any hazardous materials encountered during debris removal
operations. The CONTRACTOR shall notify the CITY of the nature and
location of any such debris encountered. The CONTRACTOR must not
transport hazardous materials to the TOSR sites or landfills that are not
specifically authorized to accept such materials. However, the.
CONTRACTOR will be responsible for proper handling and storage of any
hazardous materials brought to the TOSR site and provide a suitable area
at each TOSR site to accommodate such hazardous materials. The area
shall be lined with impervious material and surrounded with berms or other
containment structures to contain potential leakage.
8.14 The CITY recognizes that construction and demolition debris might contain
small amounts of asbestos, lead based paints, or similar materials. These
materials may be handled in the same manner as other debris when they
constitute less than twenty percent (20%) of a load of debris destined for a
TOSR site. Any load containing more than twenty percent (20%) shall be
taken directly to a properly permitted Class I landfill authorized to receive
such hazardous waste.
8 15 Inoperable Private Vehicles and Equipment: The CONTRACTOR shall not
move abandoned vehicles that interfere with debris removal operations.
The CONTRACTOR shall instead report the location of such vehicles to the
City of Aventura Police Oepartment.
8.16 Reports: The CONTRACTOR shall make daily reports to the CITY to detail
the progress of the debris removal and disposal program. Such reports
shall include a description of all areas where work was done, detailing the
street names and address blocks where debris removal was completed.
The reports must also include the types and volumes of debris transported,
reduced and disposed of.
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ARTICLE 9
GENERAL CONDITIONS
9.1 This Agreement is made under, and in all respects shall be interpreted,
construed, and governed by and in accordance with, the laws of the State
of Florida. Venue for any legal action resulting from this Agreement shall lie
in Miami-Dade County, Florida. Each Party waives any right to trial by jury
in any litigation hereunder. Neither Party may assign any rights or
obligations under this Agreement to any other party unless specific written
permission from the other party is obtained.
9.2 The captions utilized in this Agreement are for purposes of identification
only and do not control or affect the meaning or construction of any of the
provisions hereof.
9.3 This Agreement shall be binding upon and shall insure to the benefit of
each of the parties and of their respective successors and permitted
assigns.
9.4 This Agreement may not be amended, released, discharged, rescinded or
abandoned, except by a written instrument duly executed by each of the
parties hereto.
9.5 The failure of any party hereto at any time to enforce any of the provisions
of this Agreement will in no way constitute or be construed as a waiver of
such provision or of any other provision hereof, nor in any way affect the
validity of, or the right thereafter to enforce, each and every provision of this
Agreement.
96 During the term of this Agreement CONTRACTOR assures CITY that it is in
compliance with Title VII of the 1964 Civil Rights Act, as amended, and the
Florida Civil Rights Act of 1992, in that CONTRACTOR does not on the
grounds of race, color, national origin, religion, sex, age, disability or martial
status, discriminate in any form or manner against CONTRACTOR
employees or applicants for employment. CONTRACTOR understands and
agrees that this Agreement is conditioned upon the veracity of this
statement of assurance.
9.7 CONTRACTOR shall at all times comply with all federal, state and local
laws, rules and regulations.
9.8 The invalidity or unenforceability of any particular provISion of this
Agreement shall not affect the other provisions hereof, and this Agreement
shall be construed in all respects as if such invalid or unenforceable
provisions were omitted.
9.9 Wherever provision is made in this Agreement for the giving, service or
delivery of any notice, statement or other instrument, such notice shall be in
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writing and shall be deemed to have been duly given, served and delivered,
if delivered by hand or mailed by United States registered or certified mail
postage pre-paid, or sent by facsimile to the address and numbers
indicated herein below. Each party hereto may change its mailing address
by giving to the other party hereto, by hand delivery, United States
registered or certified mail notice of election to change such address.
9.10 This Agreement is intended by the parties hereto to be final expression of
this Agreement, and it constitutes the full and entire understanding between
the parties with respect to the subject hereof, notwithstanding any
representations, statements, or agreements to the contrary heretofore
made.
9.11 This Agreement shall not be assigned or sublet. No subcontract shall under
any circumstances relieve the CONTRACTOR of liability and obligations
under this Agreement and all transactions with the CITY must be through
the CONTRACTOR.
9.12 This Agreement shall commence effective as of June 6th, 2006 for an initial
five (5) year term, subject to renewals and extensions by mutual written
agreement. The City Manager shall act for City hereunder.
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement on the date above
CITY OF AVENTURA
By:
Eric M. Soroka, ICMA-CM
City Manager
19200 West Country Club Drive
Aventura, FL 33180
Telephone: 305-466-8910
Fax: 305-466-8919
ATTEST:
Teresa M. Soroka, MMC
City Clerk
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ATTEST
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL FORM
City Attorney
CONTRACTOR
BY:
John Ramsay, President
Crowder-Gulf Joint Venture, Inc.
Witnesses:
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~/~'77j/~
ADDRESS
5535 Business Parkway
Theodore, Alabama 36582
TELEPHONE: 800-992-6207
FAX: 251-654-0470
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"EXHIBIT A"
CITY OF AVENTURA
REQUEST FOR PROPOSALS
06-2-17 -2
~' "
~
Q?y Of ExCe
DISASTER RECOVERY SERVICES
SUBMITTAL DATE: February 17, 20062:00 P.M.
"EXHIBIT A"
REQUEST FOR PROPOSALS
RFP # 06-2-17-2
CITY OF AVENTURA
DISASTER RECOVERY SERVICES
The City of Aventura is requesting proposals from qualified firms to provide Disaster
Recovery Services as needed to the City of Aventura at various locations as directed by
the City. Interested firms should VISit the City's website at
Wwwcltvofaventura com/fss/purchasinqhtm to obtain the Request for Proposal
package Packages may also be picked up at the following location
Finance Support Services Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on February 1yth, 2006 and be
clearly marked on the outside,"RFP # 06-2-17-2 Disaster Recovery Services". Late
submittals will not be accepted.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given
that a "Cone of Silence" is imposed concerning this City's' competitive purchasing
process, which generally prohibits communications concerning the RFP from the time of
advertisement of the RFP until the beginning of the City Commission meeting at which
the City Manager makes a written recommendation to the City Commission concerning
the competitive purchase transaction. Please see the detailed specifications for the
publiC soliCitation for services for a statement fully disclosing the requirements of the
"Cone of Silence".
Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
prohibited from in any way providing campaign contributions to City commission
candidates. Please se the detailed specifications of this solicitation for further details.
The City of Aventura reserves the right to accept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services.
Eric M. Soroka, ICMA-CM
City Manager
"EXHIBIT A"
Request For Proposals
SUBJECT:
Disaster Recovery Services
OPENING DATE & TIME:
February 17, 2006 @ 200 PM
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
06-2-17 -2
INTENT
The City of Aventura, Florida is inviling the submission of proposals from qualified firms
to provide disaster recovery services for the City of Aventura.
BACKGROUND
The City of Aventura has a diverse population of over 27,000, and desires to engage
the services of a qualified firm to provide comprehensive disaster recovery services as
needed. The City of Aventura is located in the northeast corner of Miami-Dade County
and is approximately 3.2 square miles in size The City delivers a majonty of its public
and community services by utilizing firms emploYing sound business practices with an
emphasis on excellence and effective customer service principles
SERVICES SOUGHT
The City of Aventura is seeking qualified firms to provide Disaster Recovery Services in
the event of an emergency situation resulting from, but not limited to, catastrophic
events such as hurricanes and tornadoes. These services would potentially be invoked
for City, County, State and Federal declared emergency disaster events.
The scope of work contemplated by this RFP will only be required when an emergency
situation exists which threatens the life, safety or welfare of the citizens of Aventura.
The successful firm will provide project management to assist the City In a variety of
disaster related services. Such services shall include, but not be limited to, large scale
debris removal, separation, staging and disposal; demolition work, construction and
demolition debris removal; hazardous waste handling; tree trimming, erection, stump
grinding and removal; and necessary infrastructure repairs. The successful firm will
provide these services to the City and shall avail all the necessary resources and
equipment to the City relating to disaster recovery services, as defined in this RFP, on
an immediate and first priority basis when needed.
The successful firm shall provide project management services including emergency
communications and assistance with Federal and State reporting and reimbursement
and other contractual services in response to a disaster, including full and detailed daily
"EXHIBIT A"
itemized rGcords Indicating all services and site expenditures performed by the
successful firm. Documentation of all costs associated with emergency incidents shall
be prepared and submitted in a timely manner to assist the City In cost recovery in
accordance with established Federal Emergency Management Agency (FEMA) and
FHWA (Federal Highway Administration) procedures and requirements The successful
firm must coordinate with appropriate City staff regarding proper billing procedures to
meet FEMA reimbursement requirements. InVOiCIng requirements shall include
segregation of costs by site or Damage Survey Reports (DSR's)
The successful firm may supplement In-house resources with private individuals or
companies, subject to City approval. The successful firm shall have the necessary
financial resources to assume extensive and large expenditures
The City shall pre-designate necessary Temporary Debris Storage and Reduction
(TDSR) sites either within the City, or as designated by Miami-Dade County, for the sole
purpose of the temporary storage and reduction of clean woody debris ::md construction
and oemolition materials by the contractor/contractors.
All information and references submitted will be considered in the selection process.
The City reserves the right to request clarification of information submitted, to interview
respondents and to request additional information of one or more respondents to assist
in the evaluation of submittals and to establish to the City's satisfaction the
responsibility, qualifications, and financial ability of any proposer.
The proposal shall include the following information at a minimum.
1. Qualifications of firm and principals, including but not limited to: firm's history;
number of years in business; safety record; local availability of key personnel;
demonstrated ability to cooperate with local emergency services agencies; comply
with all applicable laws and regulations; ability to plan, coordinate and implement
various disaster recovery related services. Include the number of personnel, heavy
equipment and vehicles that are employed or owned by the Company.
2. Provide all necessary Federal State, County, and local licenses and permits
relating to providing disaster recovery services.
3. All proposals shall include comprehensive and detailed pricing for all services
typically required to facilitate disaster recovery in a timely manner. Include all
hourly rates and charges for personnel, heavy equipment and vehicles including
travel time; unit pricing far debris removal from City property; unit pricing for debris
storage, grinding, reduction, chipping, and disposal; unit pricing for the
management of Temporary Debris Storage and Reduction Areas; stump grinding
and stump removal; and all associated deployment or mobilization fees. Include
the number of personnel, heavy equipment and vehicles that are employed or
,-.,.--- ----.....--..____--T.. - .,.......-.....-.-
"EXHIBIT A"
owned by the Company Include all necessary pricing that may not be specifically
mentioned In this RFP.
4. The successful firm will be required to meet with any involved City department
upon request by the City Manager or his designee The successful firm's account
representative will be available to resolve any related Issues that arise during the
normal course of providing the requested services. The successful firm Will be
expected to coordinate and communicate effectively with designated City
personnel The frequency, nature, scope, and definition of the services desired by
the City may change from time to time, at the City's sole discretion. The
requirements of this paragraph must be acknowledged by the proposer
5. Provide documentation that the proposing finrn has successfully completed services
similar to those specified herein to other agencies of similar or larger size to the
City of Aventura. This firm shall be currently engaged in emergency disaster
services on a full time basis and shall hove been supplying these services for a
minimum of three years with dedicated management and administrative support
staff, in-house employees and company owned equipment.
CONTENT OF PROPOSAL
Please submit the following information, with responses numbered accordingly, on
8.5" x 11" sheets:
1. Name, address, telephone, and fax number of your firm.
2. Type of organization (i.e., individual, partnership, corporation, joint venture,
etc.), year established, and address of home office if different than above.
3. Principals of the firm.
4. Person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who will be
involved in this project. Please note, to receive further consideration, the
contact person assigned to this project must, within the past three years, have
conducted or been solely responsible for providing comprehensive disaster
recovery services in a similar environment.
6. References as evidence of experience and a current list of clients to prove an
ongoing business operation. A statement detailing the company's net worth
or a letter of credit from a banking institution shall be provided as evidence of
financial resources to guarantee performance.
"EXHIBIT A"
7 General and professional liability Insurance, workers compensation,
automobile liability insurance, company name, and extent of coverages
8, A complete list of present clients and at least three letters of recommendation
g, Any other information you feel is appropriate to assist in the selection process
10, Submittals shall be received no later than 200 PM on February 17,2006
and clearly marked on the outside "RFP # 06-02-17-2 Disaster Recovery
Services,"
11, Respondents must submit five (5) copies of the proposal, one of which shall
be unbound,
EVALUATION OF PROPOSALS
1, A Review Committee consisting of the City Manager, Community Services Director
and Finance Director will evaluate written proposals Evaluation Will include the
following criteria:
D Qualification and experience of personnel who will be directly involved in all
elements of the work
D Firm size, age, and organizational structure.
D Firm's experience with providing disaster recovery services similar to the
requests contained in this RFP.
o Safety record.
o Innovative Ideas as evidenced by the submittal.
D Ability of firm to procure equipment and personnel necessary ,and logistics to
ensure timely, safe, and efficient disaster recovery services.
2. The highest ranked proposals will be identified and those firms will be requested to
make a formal presentation before the selection committee. The selected firms will
then be ranked according to the content of their presentations The City Manager
will then recommend that the City Commission adopt a resolution authorizing the
City Manager to negotiate an agreement with the highest-ranked firm to provide
disaster recovery services to the City of Aventura.
QUESTIONS
Questions concerning this Request For Proposal should be directed in writing to
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
"E.."lliIBlT A"
Issues of substance that are brought to the attention of the City will be responded to in
writing, and copies provided to all firms who have received copies of the RFP.
CITY'S RIGHTS
The City of Aventura reserves the right to aocept or reject any and/or all proposals or
parts of proposals, to workshop or negotiate any and a[1 proposals, to waive
Irregularities, and to request re-proposals on the required materials or services. The
City Commission shall make a final determination and award of proposal(s)
All materials submitted in response to the Request For Proposals become the property
of the City of Aventura and will be returned only at the option of the City The City has
the right to use any or all ideas presented in any response to the RFP, whether
amenced or not, and selection or rejection of the Proposal does not affect this right,
provided however, that any submittal that has been submitted to the City Manager's
Office may be withdrawn prior to submittal opening time stated herein, upon proper
identification and signature releasing submittal documents back to the proposing firm.
CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the provisions of
City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction.
The "Cone of Silence," as used herein, means a prohibition on any
communication regarding a particular Request For Proposal ("RFP"), Request
for Qualification ("RFQ") or bid, between
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and
the City CommiSSion, City's professional staff induding, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid
after the advertisement of said RFP, RFQ, or bid.
C The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission However, if the City
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be
reimposed until such time as the Manager makes a subsequent written
recommendation.
"EXHIBIT A"
D The Cone of Silence shall not apply to
(1) oral communications at pre-bid conferences,
(2) oral presentations before selection or evaluation
committees;
(3) public presentations made to the City Commissioners
during any duly noticed public meeting;
(4) communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the
City Clerk. The City Clerk shall make copies available to
any person upon request;
(5) communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider; proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited strictly
to matters of process or procedure already contained in
the corresponding solicitation document;
(6) communications with the City Attorney and his or her
staff;
(7) duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) any emergency procurement of goods or services
pursuant to City Code;
(9) responses to the City's request for clarification or
additional information;
(10) contract negotiations during any duly noticed public
meeting;
(11) communications to enable City staff to seek and obtain
industry comment or perform market research, provided
all communications related thereto between a potential
vendor, service provider, proposer, bidder, lobbyist, or
consultant and any member of the City's professional
staff including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting.
E.
Please contact the City Attorney for any questions concerning Cone of
Silence compliance
"EXHIBIT A"
F Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable
by the City Commission and/or City Manager
CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005-14, City Code Section 2-420, vendors of the City are
prohibited from In any way providing campaign contributions to City commission
candidates
B. City Code Sec. 2-420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions
(1) a. No vendor shall give, solicit for, deliver or provide a campaign
contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate, Tor the Offices of Mayor or Commissioner
Commencing on the effective date of this article, all proposed City contracts,
as well as requests for proposals (RFP), requests for qualifications (RFQ),
requests for letters of interest (RFLI), or solicitations of bids issued by the
City, shall incorporated notice of this section so as to notify potential vendors
of the proscription embodied herein.
b. No candidate or campaign committee of a candidate for the Offices of
Mayor or Commissioner, shall deposit into such candidate's campaign
account any campaign contribution which is received directly or indirectly
from a vendor or which such candidate or campaign committee knows or
should know was solicited by or for a vendor or delivered or provided for a
vendor. Candidates (or those acting on their behalf) shall ensure compliance
with this code section by confirming through examination of the official
vendor list which is posted on the City of Aventura website to verify the
vendor status of any potential contributor. A candidate or the campaign
committee of a candidate shall not be in violation of this subsection If the
vendor way not listed as a vendor in the City website at the lime that the
contribution was received or deposited so long as the candidate or the
campaign committee of a candidate did not know that the person or entity
was a vendor of the City
(2) Each prohibited act of giving, soliciting for, delivering or providing a
campaign contribution or depositing a campaign contribution In violation of
this section shall constitute a separate violation. All contributions deposited
into a candidate's campaign account in violation of this section shall be
forfeited to the City's general revenue fund.
(3) a. A person or entity, other than a then existing vendor, who directly
or indirectly makes a campaign contribution to a candidate who is elected to
the office of Mayor or Commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from serving
"EXhIBIT A"
as a vendor with the City. A then eXisting vendor who directly or indirectly
makes a contribution to a candidate who is elected to the Office of Mayor or
Commissioner, shall be disqualified from serving as a vendor with the City for
a period of 12 months from a final finding of a violation of this section, or from
the lime of action on a waiver request by the City Commission pursuant to
subsection (b) below, in the event that a waiver is sought by the vendor. In
the event that such waiver request for a particular transaction is granted, the
affected vendor shall nonetheless be disqualified from serving as a vendor
with the City as to any other goods, equipment or services to be provided by
the vendor to the City, beyond the vendor goods, equipment or services
which are the subject matter of any waiver which is granted. In the event
such waiver request is denied for a particular transaction the 12-month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other vendor
activities for the provision of goods, equipment or services to the City during
that 12-month per-od
b. -For pUrposes of this section, tne term "disqualified" shall be defined to
indude:
1. Termination of a contributor/vendor's existing contracts with the City,
subject to the applicable waiver provisions of subsection (b) herein; and
2. Disqualification of a contributor's response to solicitation requests for
prospective vendor contracts with the city, subject to the applicable waiver of
subsection (b) herein.
(4) As used in this section:
a. Vendor.
1 . A "vendor" is a person and/or entity who has been selected by the City
as the successful bidder on a present or pending bid to provide to the City
goods, equipment or services, or has been approved by the City of a present
or pending award to provide to the City goods, equipment or services, prior
to, upon or following execution of a contract, or purchase order.
2. 'Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of ten percent or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm. The term ''firm'' shall mean a
corporation, partnership, business trust or any legal entity other than a
natural person.
3. 'Vendor" shall not indude City officers or employees.
4. For purposes of this section, "vendor" status shall terminate upon
completion of performance of the agreement for the provision of goods,
equipment or service.
b. Services. For purposes of this section, the term "services" shall mean
the rendering by a vendor through competitive bidding or otherwise, of labor,
professional and/or consulting services to the City, induding, but not limited
to, the provision of lobbying services to the City.
"EXHIBIT A"
c. Campaign contnbulions The term "campaign contnbutlon" shall have
the meaning which is ascribed to the term "contributions" pursuant to FS S
106.011, as amended.
(b) Waiver of prohibition
(1) Cnteria for waiver. The requirements of this section may be waived by
the affirmative vote of five members of the City Commission for a particular
transaction after a public hearing, upon finding that
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering Into a transaction which would violate
this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the sole
source of supply as determined by the City Manager in accordance with
procedures established by the City Manager; or
c. An emergency contract (as authorized by subsection 2-253(5) of this
Code) must be made in order to protect the health, safety or welfare of the
citizens of the City; or
d. A contract for the provision of goods, equipment or services exists
which, if terminated by the City would be substanlially adverse to the best
economic interests of the City.
(2) Limited waiver Notwithstanding the denial of the City Commission of a
waiver request regarding the provision of goods, equipment or services
under an existing contract pursuant to subsection (b)a above, the City
Commission, may by the affirmative vote of five members of the City
Commission after a public hearing, grant a limited waiver concerning an
existing contract for the provision of goods, equipment or services between a
vendor and the City upon finding that in order to protect the health, safety
and welfare of the citizens of the City, it is necessary that the affected
contract be continued for a limited duration (not to exceed a period of six
months) in order for the City to obtain a replacement vendor.
(3) Full disclosure. Any grant of a waiver or limited waiver by the City
Commission must first be supported with a full disclosure of the subject
campaign contribution.
(c) Implementation. The City Manager is authorized to adopt additional
procurement procedures for goods, equipment or services to implement this
section. These procedures shall provide for the assembly, maintenance and
posting of an official City vendor list as referenced above.
(d) Penalty The Ethics Commission created pursuant to Miami-Dade
County Ordinance 97-105, shall have primary jurisdiction for enforcement of
this section. A finding by the Ethics Commission that a person violated this
section, shall subject such person to an admonition or public reprimand
and/or a fine of $250.00 for the first violation, and $500.00 for each
subsequent violation.
(e) Applicability This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
E~"
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"EXhIBIT B"
th
May J3 ,2006
!vir Robert Sherman
City of A ventura
19200 West County Club Drive
Aventura, Florida 33180
Re Revised Pricing
Dear Mr Sherman,
Per our meeting and negations on Wednesday, April ]2"', Crowder-Gulf offers the
following revisions to our RFP response for the City of Aventura's RFP #06-2- 17-02
Enclosed is the revised pricing sheet. In addition emergency tools, equipment, and
supplies will be available for the City's use on a rental basis from Crowder-Gulf Joint
Ventures on a cost plus lO% basis if ordered at least three days before the disaster or
storm event, and they will be available for the City's use on a rental basis from Crowder-
Gulf Joint Ventures on a cost plus 20% basis if ordered during or after the disaster or
storm event These tools, equipment, and supplies include but are not limited to,
generators, barricades, fuel, tower lights and ice Invoices will be supplied by Crowder-
Gulf to document the cost basis of the rentals,
Crowder, Gulf has enjoyed working with the fine people of Aventura following the last
two hurricane events and we stand ready for any future recovery efforts
Best regards,
~'R~
John Ramsay
CROWDER-GULF
CITY OF AVENTURA, FLORIDA
PRICE PROPOSAL
"EXhIBIT B"
PRICE PROPOSAL
DEBRIS REMOVAL, PROCESSING AND DISPOSAL
i ITEM DESCRIPTION OF SERVICE , COST~I
- !
i 1 Mobilization and Demobilization (Lump Sum)
I $000 Lump,
I 2 Debris Removal from Public Property (Right-of-Way) and Hauling to $1200 CY
Temporary Debris Storage and Reduction Site (TDSRS) (Notes 1 & 3)
.--+- ------j
i 3 Management of Temporary Debris Storage and Reduction Site (Note 3) , $000 CY
I
,
, 4 Load and Haul Reduced Debris to Final Disposal Site (Notes 1, 2 & 4) , $4.00 CY
,
, I
I 5 Debris Removal from Public Property and Hauling Directly to Final Disposal I $1400 CY
Site (Notes 1, 2 & 3) .
I 6 Processing (Grinding) of Debris at TDSRS ! $3.00 CY
I
I 8 Processing (Burning) of Debris at TDSRS using Air Curtain Incinerators $2.25 CY
, $800 55 '
i 9 Pick Up and Disposal of Hazardous Material GAL I
~-
10 Dead Animal Collection, Transportation and Disposal ! $3.00 LB
11 Sand Collection Screening and Return to Beach i $9.25 CY
i
Debris will be place on right of ways and disposed of under items 2 - 9.
FEMA Eligible Hazardous Stump Removal & Hauling from Trees Growing on Right of Way ,
12 6 inch diameter to 11.99 inch diameter $0.00 STU!
13 12 inch diameter to 23.99 inch diameter $0.00 l
14 24 inch diameter to 47.99 inch diameter $400.00 STU,
15 48 inch diameter to 60 inch diameter $600.00 STU I
16 61 inch and larger- Fica & Banyon Stumps $1000.00 STU
All stumps that are brought to right of way by citizens will be hauled as regular debris per the enclosed
FEMA stump conversion chart - EXHIBIT A
Removal and Disposal of Hazardous Hanging Limbs and Leaning Trees
17 Hanging limbs greater than 2 inches up to 8 inches in diameter $300.00 EAC
H
18 Hanging limbs greater than 8 inches in diameter $400.00 EAC
H
19 Hazardous standing pine trees 6" -12" in diameter $150.00 EAC
20 Hazardous standing pine trees 13" - 24" in diameter $250.00 EAC
21 Hazardous standing pine trees 25" - 36" in diameter $400.00 EAC
22 Hazardous standing pine trees 37" or larger in diameter $600.00 EAC
23 Hazardous standing hardwood trees 6" - 12" in diameter $150.00 EAC
24 Hazardous standing hardwood trees 13" - 24" in diameter $250.00 EAC I
,
25 Hazardous standing hardwood trees 25" - 36" in diameter $450.00 EAC
26 Hazardous standing hardwood trees 37" or larger in diameter $800.00 EAC
27 Hazardous Ficus and Banyon Trees 61" - 80" in diameter $3000.00 EAC
28 Hazardous Ficus and Banyon Trees 81" or larger in diameter $4500.00 EAC
The followina items shall be billed on a time and material basis accordina to the attached eauioment
schedules. I
~. Emergency Road Clearance I N~N/AI
30 Debris Removal trom Private Property (Right-ot-Entry Program) and Publicly I N/A I N~
Owner Property (other than Riaht-otWay)
~- Demolition ot Structures N/A N/A I
-
32 Marine Debris Removal N/A N/A I
33 Pre-event trainina tor City personnel $0.00 N/A !
,
34 Fill, culverts and rock tor TORS construction and maintenance At cost ,
---
CROWDER-GULF
CITY OF AVENTURA, FLORIDA
PRICE PROPOSAL
"EXHIBIT B"
NOTES:
1.These prices assume final disposal site are within 20 miles For all miles over 20 add $0.11 per
cubic yard per mile
2. Crowder-Gulf will pay tipping fee at final disposal site(s) and back charge City at cost.
3. Invoices to be based on incoming load tickets.
4 .Invoices to be based on outgoing load tickets.
5. To be hauled as ordinary debris.
6. For a muni-year contract, the above prices would be adjusted on the anniversary date of the contract
according a percentage equal to the percent change in the Consumer Price Index as published by the
U S. Department of Labor, Bureau of Labor Statistics.
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"EXHIBIT E"
CROWDER-GULF
CITY OF AVENTURA, FLORIDA
PRICE PROPOSAL
Stump Conversion Table
Diameter to Volume Capacit)
I1lt:: quabtlcation oftlle cubic yards of debns for each size of stump is the follo\vmg table ,\\'as denved fTOm FEh1.A. fIeld studJes
conducted throughout the State ofFJorida during the debris removal operations follo\vmg Hurricane Charley_ Frances_ han iUld
Jeanne The follmvmg formula 15 used to denve CUb1C yards
!iStump Diameter' x 0 7854) x Stump Length I + !iRoot ball Diameter' x 0 7854) x Root Ball !1elghtl
46656
07854 IS one-fourth Pi and IS a constant
46656 is used to convert mehes to Cubic Yards and IS a COIL<;tant
The formula used to calculate the CUbIC yardage used the following factors, based upon fmdings 111 the field
. Stump diameter measured two feet up from ground
. Stump ruameter to root ball dIameter rauo of 1:3:6
. Root ball height of 3]"
Stump Diameter (inches) ! Cubic Yards
6 03
7 04
I g 0.5
9 0.6
10 07
, 11 09
12 1
, 13 12
, ]4 14
15 16 ,
16 18
17 21
18 23
, 19 2,6
20 29
21 3.2
, 22 3,5
, 23 38
24 41
25 4.5
26 48
27 52
28 56
29 6
30 65
31 69
32 73
33 78
34 83
35 8.8
36 93
37 98
38 103
39 19
40 115
41 12
42 12,6
43 133
44 ]39
45 ]45
46 ]')2
Stump Diameter (inches) Cubic J:'ards ,
47 158
4S ]6,5
49 ]7,2
50 179
51 186
52 194
53 2(1] ,
54 20,9
55 21.7
56 22.5
57 233
58 24,1
59 24,9
60 25,8
61 26,7
62 27_6
63 28.4
64 294
65 30,3
66 3]2
67 322
68 331
69 341
70 35]
71 36]
72 37.2
73 382
74 392 I
75 40_3
76 41A
77 425
78 43_6
79 44.7
80 45_9
81 47
82 48,2
83 49.4
84 50,6