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Agenda 04/10/2018 Item #16C 5
04/10/2018 EXECUTIVE SUMMARY Recommendation to authorize payment of $475,793.27 to Ashbritt Environmental for mobilization/demobilization of generators, 200kw generator rental, portable hand wash stations, portable toilets and a mobile shower during the Hurricane Irma storm recovery mission. OBJECTIVE: To provide final payment to Ashbritt Environmental Services, Inc. (“Ashbritt”) for emergency equipment necessary to support the post Irma recovery mission. CONSIDERATIONS: Hurricane Irma made landfall on Marco Island during the afternoon of September 10, 2017, as a Category 4 hurricane, severely impacting Collier County as well as the entire State. In the wake of the hurricane approximately 98 percent of the County was left without power, which had cascading impacts on communication services, roadways and the wastewater collections system. The size and severity of the storm delayed the response and availability of resources due to the time it took the hurricane to travel through the length of Florida. Equipment such as generators, portable hand wash stations, and toilets and mobile shower stations could not be staged locally prior to landfall. The supply of resources was also impacted by the national response to Hurricane Harvey two weeks prior to Hurricane Irma. Collier County Facilities Management was tasked with providing generators, portable toilets, hand wash stations and mobile shower services post Hurricane Irma. The extent of damage left by Hurricane Irma forced County staff to employ Ashbritt for these services, as the few local vendors available were utilized to their full capacity. Facilities Management utilized JW Craft for rental of 110 portable toilets and 10 hand wash stations. Ashbritt provided 384 portable toilets, eight (8) hand wash stations and one (1) mobile shower. In total, the County procured 494 portable toilets, 18 hand wash stations, and one mobile shower. The extenuating circumstances created by Hurricane Irma along with the limited resources required the Division to seek a vendor that could provide services with a quick response time, and Ashbritt was the only available resource that could fulfill the need. In December, the Division received three invoices that included non-bid items, totaling $492,921.23 for a 200kw generator, portable toilets, hand wash stations and mobile showers. Staff subsequently requested that Ashbritt provide it with corrected invoices to remove a pass-through tax expense, which is not compensable under the agreement, resulting in the current amount requested for payment of $475,793.27. Ashbritt has a five-year contract (Agreement #15-6365) in place for Disaster Debris Management, Removal and Disposal Services. Ashbritt can, under its agreement, supply Collier County with non -bid items as requested by the County. All activities performed by Ashbritt were approved by the Deputy Department Head and Operating Division Director(s) prior to proceeding. The generators and equipment provided may not have been the same as on the current contract due to availability, State demand and Collier County’s immediate needs. In invoicing the rented equipment, Ashbritt followed the contract’s allowable 15 percent markup. The contract was bid in compliance with the requirements of Titles 2 and 44 of the Code of Federal Regulations, the Stafford Act and other federal and State requirements to allow eligibility for FEMA reimbursement. FISCAL IMPACT: The fiscal impact of $475,793.27 will come from Hurricane Fund 301 - Cost Center 110434 - WBS 50154.1 and may be reimbursed by FEMA funding. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT 16.C.5 Packet Pg. 668 04/10/2018 GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this action. RECOMMENDATION: That the Board of County Commissioners authorizes payment of $475,793.27 to Ashbritt Environmental for mobilization/demobilization of generators, 200k generator rental, portable hand wash stations, portable toilets and showers, which supported essenti al equipment during the Hurricane Irma storm recovery mission. Prepared by: Daniel R. Rodriguez, Public Utilities Deputy Department Head Dennis Linguidi, Director, Facilities Management Division ATTACHMENT(S) 1. [Linked] Ashbritt Agreement #15-6365 (PDF) 2. Ashbritt Invoice 1740-027 (Generator Mobilization) (PDF) 3. Ashbritt Letter Regarding 200KW (PDF) 4. Ashbritt Invoice 1740-031R CollierCo_Toilets_Handwash Stations and Showers 32218 (XLSX) 5. Ashbritt Invoice 1740-032R CollierCo_Toilets_Handwash Stations and Showers 032218 (XLSX) 16.C.5 Packet Pg. 669 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 5057 Item Summary: Recommendation to authorize payment of $475,793.27 to Ashbritt Environmental for mobilization/demobilization of generators, 200 kw generator rental, portable hand wash stations, portable toilets and a mobile shower during the Hurricane Irma storm recovery mission. Meeting Date: 04/10/2018 Prepared by: Title: Manager - Facilities – Facilities Management Name: Miguel Carballo 03/07/2018 6:03 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 03/07/2018 6:03 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/08/2018 8:22 AM Facilities Management Linda Best Additional Reviewer Completed 03/08/2018 3:26 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 03/09/2018 9:12 AM Procurement Services Ted Coyman Additional Reviewer Completed 03/13/2018 8:57 AM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/16/2018 2:44 PM Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Completed 03/19/2018 11:58 AM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 03/19/2018 12:11 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/19/2018 3:09 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/22/2018 2:01 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 11:28 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2018 11:49 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/30/2018 1:16 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/01/2018 8:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 16.C.5 Packet Pg. 670 Invoice No.:1740-027 TRUE Name:Date:12/6/2017 Address:Job Name:1740 City:Naples State:FL Zip:34112 Event Name:Hurricane Irma Attn:Event Number: Qty/Weeks Period Unit Weekly Rate Total Program: PO Number: 3.00 Quanty (1) 200 KW Generator Weekly 3,099.60$ 9,298.80$ 2.00 Quanty (1) 250 KW Generator Weekly 3,857.28$ 7,714.56$ 3.00 9/7/2017 Quanty (1) 350 KW Generator Weekly 5,372.64$ 16,117.92$ 3.00 Quanty (1) 500 KW Generator Weekly 6,888.00$ 20,664.00$ To 3.00 200 KW Generator Weekly Cable Rental Qty 4 Weekly 51.66$ 619.92$ 2.00 9/26/2017 250 KW Generator Weekly Cable Rental Qty 5 Weekly 51.66$ 516.60$ 3.00 350 KW Generator Weekly Cable Rental Qty 4 Weekly 51.66$ 619.92$ 3.00 500 KW Generator Weekly Cable Rental Qty 4 Weekly 51.66$ 619.92$ 4.00 27,986.40$ 4.00 27,430.95$ Gross Total:$111,588.99 Incorporated: FIN or SSN:65-0364711 0 Contact:Christina Demidio Total Net Due:$111,588.99 Email: Please make check payable to:AshBritt, Inc.Terms: Net 30 Collier County 565 E. Hillsboro Blvd., Deerfield Beach, Florida 33441 Phone: 954 545-3535 Fax: 954 545-3585 Toll Free: 800-244-5094 www.ashbritt.com cdemidio@ashbritt.com Contract Item No./Description Collier County 3327 Tamiami Trail Generators Facilities 4500180299 1. The 250 KW Located at Medical Examiner’s Office • 3838 Domestic Avenue Naples, FL 34104 2. The 500 KW Located at South Regional Library • 8065 Lely Cultural Pkwy, Naples, FL 34113 3. The 350 KW Located at the Domestic Animal Services • 7610 Davis Blvd, Naples, FL 34104 4. The 200 KW Located at Palmetto Ridge High School • 1655 Victory Ln, Naples, FL 34120 Mobilization of 4 generators Demobilization of 4 generators INVOICE Client/Applicant Yes No AshBritt, Inc. Inv 1740-027 CollierCo_Facilities_Generator_Invoice_112817:Invoice (PRNT)Print: 2/28/2018, 2:23 PM 16.C.5.b Packet Pg. 671 Attachment: Ashbritt Invoice 1740-027 (Generator Mobilization) (5057 : Recommendation to authorize payment of $475,793.27 to Ashbritt AshBritt Invoice Itemized Report Job Name: Collier County 27,986.40$ 27,430.95$ 111,588.99$ Service Type: Generators Invoice No.: 1740-027 SIZE Contract Item Code UNIT #Rental Start Date Rental Pickup Date Weekly Rental Rate Weeks Rental Total Weekly Cables Rental Qty Per/Gen Cable Rental Total Mobilization Demobilization Total 200 KW Generator 7 MRP00171 9/7/2017 9/22/2017 3,099.60$ 3 9,298.80$ 51.66$ 4 619.92$ 9,091.90$ 8,906.75$ 27,917.37$ 250 KW Generator 8 D150817903 9/13/2017 9/26/2017 3,857.28$ 2 7,714.56$ 51.66$ 5 516.60$ 710.70$ 710.70$ 9,652.56$ 350 KW Generator 10 X3M00359 9/7/2017 9/22/2017 5,372.64$ 3 16,117.92$ 51.66$ 4 619.92$ 9,091.90$ 8,906.75$ 34,736.49$ 500 KW Generator 11 X5M00261 9/7/2017 9/25/2017 6,888.00$ 3 20,664.00$ 51.66$ 4 619.92$ 9,091.90$ 8,906.75$ 39,282.57$ 2/28/2018 Page 2 of 9 2:23 PM 16.C.5.b Packet Pg. 672 Attachment: Ashbritt Invoice 1740-027 (Generator Mobilization) (5057 : Recommendation to authorize 16.C.5.c Packet Pg. 673 Attachment: Ashbritt Letter Regarding 200KW (5057 : Recommendation to authorize payment of $475,793.27 to Ashbritt Environmental) Invoice No.:1740-031 TRUEFALSE Name:Date:12/7/2017 Address:Job Name:1740 City:Naples State:FL Zip:34112 Event Name:Hurricane Irma Attn:Event Number: Quantity Period Unit Unit Price Total Program: PO Number: Thru P/E: 8.00 9/11/2017 Handwash Station Weekly 632.50$ 2,891.42$ 19.00 Portable Toilets Vendor #1 Weekly 109.50$ 8,475.50$ 360.00 to Portable Toilets Vendor #2 Weekly 517.50$ 250,469.99$ 1.00 Mobile Showers Weekly 37,376.64$ 90,751.83$ 10/27/2017 900.00$ Gross Total:$353,488.74 Incorporated: FIN or SSN:65-0364711 0 Contact:Christina Demidio Total Net Due:$353,488.74 Email: Please make check payable to:AshBritt, Inc.Terms: Net 30 10/27/2017 Cancellation Fee Pass Through Charge (See Details Tab) 565 E. Hillsboro Blvd., Deerfield Beach, Florida 33441 Phone: 954 545-3535 Fax: 954 545-3585 Toll Free: 800-244-5094 www.ashbritt.com cdemidio@ashbritt.com Contract Item No./Description Collier County 3327 Tamiami Trail Portable Toilets, Handwash Stations and Mobile Showers 4500180299 INVOICE Client/Applicant Yes No AshBritt, Inc. 13824.xlsx:Invoice (PRNT)Print: 4/4/2018, 5:44 PM 16.C.5.d Packet Pg. 674 Attachment: Ashbritt Invoice 1740-031R CollierCo_Toilets_Handwash Stations and Showers 32218 (5057 : Recommendation to authorize Invoice No.:1740-032-R TRUEFALSE Name:Date:3/22/2018 Address:Job Name:1740 City:Naples State:FL Zip:34112 Event Name:Hurricane Irma Attn:Event Number: Quantity Period Unit Unit Price Total Program: PO Number: Thru P/E: 10/18/2017 5.00 to Portable Toilets Vendor #2 Weekly 517.50$ 10,715.54$ 11/20/2017 Gross Total:$10,715.54 Incorporated: FIN or SSN:65-0364711 0 Contact:Christina Demidio Total Net Due:$10,715.54 Email: Please make check payable to:AshBritt, Inc.Terms: Net 30 565 E. Hillsboro Blvd., Deerfield Beach, Florida 33441 Phone: 954 545-3535 Fax: 954 545-3585 Toll Free: 800-244-5094 www.ashbritt.com cdemidio@ashbritt.com Contract Item No./Description Collier County 3327 Tamiami Trail Portable Toilets, Handwash Stations and Mobile Showers 4500180299 11/20/2017 INVOICE Client/Applicant Yes No AshBritt, Inc. 13825.xlsx:Invoice (PRNT)Print: 4/4/2018, 5:44 PM 16.C.5.e Packet Pg. 675 Attachment: Ashbritt Invoice 1740-032R CollierCo_Toilets_Handwash Stations and Showers 032218 (5057 : Recommendation to authorize Exhibit _C_ Supplemental General Grant Terms and Conditions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound b y all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Exhibit _C_ Supplemental General Grant Terms and Conditions 1. Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 2. Energy Conservation Requirements - The Energy Conservation requirements are applicable to all contracts and subcontracts. The Contractor shall comply with any mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6201) 3. Access to Records and Reports - The vendor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Vendor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 4. No Government Obligation to Third Parties - Applies to all contracts. The Purchaser and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. It is further agreed that the clause shall not be modified, except to identify the subcontract who will be subject to its provisions. 5. Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 –1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 6. Energy Policy and Conservation Act - The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the F l o r i d a state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 7. Debarment and Suspension (Executive Orders 12549 and 12689) - Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Vendors must certify it will not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or organization for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Exhibit _C_ Supplemental General Grant Terms and Conditions 9. Procurement of Recovered Materials - (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. 10. Disadvantaged Business Enterprise (DBE) - Vendors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Vendors shall make a good faith effort to assure that registered disadvantaged business enterprises are used as sources of supplies, equipment, construction, and services as much as possible. Each vendor shall identify the anticipated level of participation by DBE's in the project and report its actual DBE participation (if any).” The offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance and required to convey all changes in anticipated levels of participation to the County in a timely manner. The vendor is required to pay its DBE subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the vendor’s receipt of payment for that work from Collier County. In addition, the vendor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. The vendor must promptly notify Collier County, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The vendor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 11. Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR Part, 1964– 1965 Comp., p. 339), as amended by Executive Order 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and implementing regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ 12. Termination 1. TERMINATION FOR DEFAULT. 1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without Exhibit _C_ Supplemental General Grant Terms and Conditions prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 6. In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor’s intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor’s intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor’s written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. Exhibit _C_ Supplemental General Grant Terms and Conditions 2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/14/2016 USI Insurance Services, LLC 500 Columbia Drive, Suite 500 West Palm Beach, FL 33409 561 693-0500 Curtis A Weaver 561 693-0500 AshBritt, Inc 565 East Hillsboro Blvd Deerfield Beach, FL 33441 SAGITTA 25.3 (2010/05) DESCRIPTIONS (Continued from Page 1) products and completed operations, Protection and Indemnity Liability $1,000,000. Worker's Compensation includes USL&H endorsement covering employees of the insured. Excess Liability follows form to General Liability, Pollution and Professional Liability. 2 of 2 #S17079492/M16701876